Agenda packet — Aliso Viejo City Council, June 3, 2026 (part 1 of 3)

AGENDA

ALISO VIEJO CITY COUNCIL

REGULAR MEETING
WEDNESDAY, JUNE 3, 2026
7:00 PM

CITY HALL

COUNCIL CHAMBERS
12 JOURNEY

ALISO VIEJO, CA

Mayor Max Duncan

Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Tim Zandbergen
Councilmember Garrett Dwyer

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.

BRETT CHANNING SCOTT C. SMITH MARIA KENDIG

CITY MANAGER CITY ATTORNEY CITY CLERK

1 PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATION(S):

None.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

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

4. CONSENT CALENDAR:

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

4.1 APPROVAL OF MINUTES
Recommended Actions:

1. Approve the minutes as submitted for the May 20, 2026, Regular Meeting.

2. Approve the minutes as submitted for the May 27, 2026, Special and Adjourned Regular Meetings.

Draft Minutes - May 20 2026 Regular Meeting
Draft Minutes - May 27 2026 Special Meeting
Draft Minutes - May 27 2026 Adjourned Regular Meeting

4.2 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between May 8, 2026, and May 21, 2026, in the amount of $574,630.82.

Staff Report
Attachment 1 - Accounts Payable Report

2 4.3 TREASURER’S STATEMENT – APRIL 2026
Recommended Action: Receive and file the April 2026 Treasurer’s Statement.

Staff Report
Attachment 1 - April 2026 Treasurer's Statement

4.4 BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE Recommended Action: Direct staff to conduct a review of the City’s Conflict of Interest Code and return to the City Council with its findings and any recommended updates by October 1, 2026.

Staff Report

4.5 GENERAL MUNICIPAL ELECTION – NOVEMBER 3, 2026
Recommended Actions:

1. Adopt a Resolution calling for the holding of a Regular General Municipal Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities;

2. Adopt a Resolution calling for the holding of a Special Municipal Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities;

3. Adopt a Resolution requesting the Orange County Board of Supervisors to consolidate the Regular General Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code;

4. Adopt a Resolution requesting the Orange County Board of Supervisors to consolidate the Special Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code; and

5. Adopt a Resolution adopting regulations pertaining to candidate statements submitted to the voters for an election to be held on Tuesday, November 3, 2026.

Staff Report
Attachment 1 - Resolution Calling for Regular Election
Attachment 2 - Resolution Calling for Special Election
Attachment 3 - Resolution Consolidating Regular Election Attachment 4 - Resolution Consolidating Special Election Attachment 5 - Candidate Statement

4.6 APPROVAL OF COOPERATIVE AGREEMENT BY AND BETWEEN THE CITIES

OF ALISO VIEJO, LAGUNA NIGUEL, LAGUNA HILLS, AND MISSION VIEJO FOR

THE ALICIA PARKWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION

PROGRAM PROJECT
Recommended Actions:

1. Approve the Cooperative Agreement by and between the City of Laguna Niguel and the cities of Aliso Viejo, Laguna Hills, and Mission Viejo for the Alicia Parkway Regional Traffic Signal Synchronization Program Project;

2. Authorize the Mayor and the City Clerk to execute the agreement; and

3. Authorize the City Manager to execute future amendments to the agreement. 3 Staff Report
Attachment 1 - Vicinity Map
Attachment 2 - Cooperative Agreement

4.7 AWARD CONTRACT TO GMU ENGINEERS & GEOLOGISTS FOR ON -CALL

GEOTECHNICAL AND MATERIAL TESTING SERVICES
Recommended Actions:

1. Award a contract to GMU Engineers & Geologists, Inc. (GMU ) to perform geotechnical and materials testing services; and

2. Authorize the City Manager to execute a professional services contract with GMU for an amount not to exceed $200,000.

Staff Report
Attachment - Contract with GMU

4.8 SECOND AMENDMENT TO THE AGREEMENT WITH NV5, INC. FOR

CONSTRUCTION INSPECTION SERVICES
Recommended Actions:

1. Approve a second amendment to the agreement with NV5, Inc. to perform construction inspection services that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $360,000 for a total contract amount of $660,000; and

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

Staff Report
Attachment 1 - Second Amendment to Agreement with NV5, Inc.

4.9 FIRST AMENDMENT TO THE AGREEMENT WITH NV5, INC. FOR ON- CALL

CIVIL ENGINEERING SERVICES
Recommended Actions:

1. Approve a first amendment to the agreement with NV5, Inc. to perform on- call civil engineering services that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $50,000 for a total contract amount of $100,000; and

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

Staff Report
Attachment - 1st Contact Amendment with NV5, Inc.

4.10 THIRD AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, LLC.

FOR LANDSCAPE MAINTENANCE SERVICES
Recommended Action:

1. Approve a third amendment to the agreement with Nieves Landscape, LLC to perform landscape maintenance services that renews the agreement for an additional five- year term and increases the total compensation under the agreement by $1,090,000.00 total contract amount of $2,180,000; and

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

Staff Report
Attachment - Third Amendment to Agreement with Nieves Landscape, LLC.

4 4.11 SECOND AMENDMENT TO THE AGREEMENT WITH GREAT SCOTT TREE SERVICES, INC. FOR TREE MAINTENANCE SERVICES
Recommended Actions:

1. Approve a second amendment to the agreement with Great Scott Tree Services, Inc. to renew the agreement for an additional three-year term for tree maintenance services, and increase the total compensation amount by $101,000 to $277,000; and

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

Staff Report
Attachment 1 - 2nd Amend to Agreement with Great Scott Tree Service, Inc.

4.12 SECOND READING AND ADOPTION OF AN ORDINANCE DECLARING PRIMA

FACIE SPEED LIMITS ON CERTAIN CITY STREETS
Recommended Action: Conduct a second reading and adopt an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO CALIFORNIA, DECLARING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS.

Staff Report
Attachment 1 - Ordinance

4.13 AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR FISCAL YEAR 2026-27 CROSSING GUARD SERVICES
Recommended Action: Authorize the City Manager to execute the agreement with All City Management Services, Inc. for school crossing guard services for fiscal year (FY) 2026-27.

Staff Report
Attachment 1 - Crossing Guard Agreement Pricing Letter
Attachment 2 - Agreement with All City Management Services, Inc.

4.14 AGREEMENT WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 2026 -27

LAW ENFORCEMENT SERVICES
Recommended Action: Approve and authorize the Mayor to execute the agreement with the County of Orange for Fiscal Year 2026- 27 law enforcement services in the amount of $11,550,802.

Staff Report
Attachment 1 - Agreement
Attachment 2 - FY 2026-27 OCSD Summary Cost Sheet

5. PUBLIC HEARINGS:

5.1 REPORT ON STAFF VACANCIES, RECRUITMENT, AND RETENTION

EFFORTS
Recommended Actions:

1. Conduct the public hearing; and

2. Receive and file the report on staff vacancies, recruitment, and retention efforts.

Staff Report

5 5.2 ZONING CODE AMENDMENT ZA -2026-01004: OBJECTIVE DESIGN

STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTS
Recommended Actions:

1. Find that Zoning Code Amendment ZA -2026-02004 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and

2. Introduce for first reading of an Ordinance entitled: AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING

THE ALISO VIEJO MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR QUALIFYING HOUSING PROJECTS AND
DETERMINING THE ACTION TO BE EXEMPT FROM CEQA.

Staff Report

Attachment 1 - ODS Ordinance
Attachment 2 - ODS Manual
Attachment 3 - Response to Developer Comments
Attachment_4 - ODS Presentation .pptx

6. DISCUSSION:

6.1 ADOPTION OF TELECONFERENCING DISRUPTION POLICY AND

COMMUNITY OUTREACH AND PUBLIC ENGAGEMENT PLAN IN
COMPLIANCE WITH SENATE BILL 707 (SB707)
Recommended Actions:

1. That the City Council of the City of Aliso Viejo (“City”) adopt Resolution No. 2026-XX, a new City Council policy addressing a disruption of telephonic or internet service during City Council meetings, in compliance with Senate Bill 707 and Government Code Sections 54953.9 and 54953.10; and

2. Approve the SB 707 Community Outreach and Public Engagement Plan to encourage participation by historically underrepresented and underserved communities.

Staff Report

Attachment 1 - Resolution
Attachment 2 - Council Policy re Disruption of Meeting Transmission Attachment 3 - Community Outreach and Public Engagement Plan SB707 PPT

6.2 PROPOSED ANNUAL BUDGET FOR FISCAL YEAR 2026-27
Recommended Actions:

1. Adopt a Resolution adopting the Annual Budget for Fiscal Year 2026-27; and

2. Adopt a Resolution approving updated City Salary Schedules to include cost - of-living adjustments of 3.2% and the addition of Principal Civil Engineer and Principal Planner job classifications, effective July 1, 2026; and

3. Adopt a Resolution setting the annual appropriations limit for Fiscal Year 2026-

27. Staff Report
Attachment 1 - FY 2026-27 Budget Resolution
Attachment 2 - FY 2026-27 Proposed Budget
Attachment 3 - Salary Schedule Resolution
Attachment 4 - Proposed Salary Schedule
Attachment 5 - Principal Civil Engineer Job Classification Description Attachment 6 - Principal Planner Job Classification Description 6 Attachment 7 - Appropriations Limit Resolution
Attachment 8 - Appropriations Limit Calculation
Attachment 9 - Proposed Budget Presentation

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT: The next regularly scheduled City Council meeting is Wednesday, June 17, 2026 at 7 p.m.
7 CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
May 20, 2026
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California

CALL TO ORDER: Mayor Duncan 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 MAX DUNCAN

MAYOR PRO TEM MIKE MUNZING

COUNCILMEMBER TIFFANY ACKLEY

COUNCILMEMBER GARRETT DWYER
COUNCILMEMBER TIM A. ZANDBERGEN

ABSENT: None

STAFF PRESENT: BRETT CHANNING, CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

ANN EIFERT, DIRECTOR OF FINANCIAL SERVICES

SO KIM, DIRECTOR OF COMMUNITY DEVELOPMENT

SHAUN PELLETIER, DIRECTOR OF PUBLIC WORKS

MARIA KENDIG, DIRECTOR OF GOVERNMENT SERVICES / CITY
CLERK

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES

MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. RYAN BUHR, ALISO VIEJO POLICE SERVICES

DIVISION FIRE CHIEF REID GIBSON

PLEDGE OF ALLEGIANCE: Cub Scout Pack 702 led the Pledge of Allegiance.

1. SPECIAL PRESENTATIONS:

1.1 INTRODUCTION OF NEW CITY MANAGER BRETT CHANNING
Mayor Duncan introduced City Manager Brett Channing . City Manager Channing expressed gratitude and excitement to serve the City of Aliso Viejo.

1.2 PROCLAMATION FOR DROWNING PREVENTION AND AWARENESS SEASON Mayor Duncan presented the proclamation to Division Fire Chief Reid Gibson who expressed gratitude for the recognition. OCFA Community Educator Milton Neira addressed the audience and provided information regarding water safety practices, supervision around pools and open water, an d methods to help prevent drowning incidents.

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1.3 PROCLAMATION FOR WILDFIRE AWARENESS AND PREVENTION SEASON Mayor Duncan presented the proclamation to Division Fire Chief Reid Gibson who expressed gratitude for the recognition . OCFA Community Educator Milton Neira provided remarks regarding wildfire preparedness, defensible space, evacuation readiness, and fire prevention measures for the community.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Sebastian commented on recent public safety incident and shared concerns about community outreach.

2. Randy Schrock commented on bike safety.

3. Jena Minnick-Bull shared information about upcoming South Coast Conservatory events.

4. CONSENT CALENDAR:

Motion: Mayor Pro Tem Munzing moved, and Councilmember Ackley seconded to approve the recommended actions for Items 4. 2 through 4.4. Motion carried 5 -0.

Councilmember Dwyer pulled agenda item 4.1 for separate discussion.

4.1 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between April 24, 2026, and May 7, 2026, in the amount of $1,243,395.95.

Councilmember Dwyer requested additional information regarding a $1,000 grant payment to the Assistance L eague of Capistrano Valley. Director of Financial Services Eifert provided an overview of the purpose and distribution of grant funding. Councilmember Dwyer also inquired about a recent payment to GrayMar Environmental Services for hazardous materials clea nup services. Director Eifert provided information regarding the scope of services performed.

Motion: Councilmember Zandbergen moved, and Councilmember Dwyer seconded to approve the recommended actions for Items 4.1. Motion carried 5-0.

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

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Minutes of the Regular
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4.3 APPROVAL OF MINUTES
Recommended Action: Approve the minutes as submitted for the May 6, 2026, Regular and Special Meetings.

4.4 AWARD CONTRACT TO ECONOLITE SYSTEMS, INC. FOR THE FISCAL YEAR 2025-26 ACCESSIBLE PEDESTRIAN SIGNAL PROJECT - CDBG
Recommended Actions:

1. Approve Contract Documents, Specifications, and Plans for the Fiscal Year 2025-26 Accessible Pedestrian Signal Project - CDBG;

2. Award a contract in the amount of $90,005.08 to Econolite Systems, Inc. as the lowest responsible bidder for the Fiscal Year 2025 -26 Accessible Pedestrian Signal Project - CDBG;

3. Authorize the City Manager to execute a contract with Econolite Systems, Inc.;

4. Authorize City staff to make total compensation to Econolite Systems Inc. up to $90,005.08 plus $9,000.51 (10% of the contract amount) to allow for contingencies, totaling $99,005.59; and

5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).

5. PUBLIC HEARING:

None

6. DISCUSSION:

6.1 PRIMA FACIE CITYWIDE SPEED LIMITS — ORDINANCE
Recommended Actions:

1. Find that this Ordinance is subject to CEQA categorical exemption Class 1 pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Section 15301;

2. Introduce an Ordinance of the City Council of the City of Aliso Viejo, California, Amending the Aliso Viejo Municipal Code Declaring Prima Facie Speed Limits on Certain City Streets; and

3. Authorize the Finance Director to appropriate an additional $70,000 of Gas Tax

4. funds to the Fiscal Year 2025-26 budget.

Director of Public Works Pelletier, along with representatives from RK Engineering Group, Inc., pre sented the staff report and responded to City Council questions regarding the methodology and frequency of traffic studies, impacts on traffic safety enforcement, legal requirements for conducting vehicle speed surveys, current traffic safety data, and the rationale for the proposed speed limit reductions.

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Mayor Duncan proposed that the matter be scheduled for a future Study Session to allow for further discussion and public input.

The following spoke on the matter:

1. Sebastian shared concerns about traffic safety.

2. Art Camoia shared same concerns about traffic safety.

Motion: Mayor Duncan moved, and Councilmember Dwyer seconded to continue the item to May 27, 2026, at 7:00 p.m. Motion carried 4 -1 (Councilmember Ackley dissented).

6.2 CITIZEN, SENIOR, AND YOUTH OF THE YEAR, CIVIC SERVICE AWARD, AND “KEY TO THE CITY” PROGRAM
Recommended Actions:

1. Review and discuss Council Policy 400 -12 - Citizen, Senior, and Youth of the Year Program, Civic Service Award, and “Key to the City” Progr am and nomination process;

2. Direct Staff to make any necessary changes to Council Policy 400-12 and/or nomination process;

3. Approve the reinstatement of the program and begin the annual nomination and selection process for the 2026 recognition cycle.

Mayor Duncan provided an overview. Council members expressed support for reinstating the recognition program and honoring community members for their contributions over the past two years.

The following spoke on the matter:

1. Marie T. shared support for civic service awards and shared concerns about transparency in the selection process.

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

7. CITY MANAGER'S REPORT:

City Manager Channing announced upcoming summer recreation classes and camps, including scholarship opportunities available for eligible participants. He also announced that Shakespeare by the Sea will present “Macbeth” at Soka University on Thursday, July 23, at 7:00 p.m.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Ackley:
 Attended a housing development tour with Lennar.

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Minutes of the Regular
City Council Meeting
Councilmember Dwyer:
 Participated in the SCAG Regional Conference and General Assembly in Palm Desert.
 Volunteered at the Nourishing Great Futures Market supporting community food access efforts.
 Attended the Aliso Viejo Chamber of Commerce Luncheon.  Provided comments regarding retail vacancies at the Aliso Viejo Town Center.  Raised observations regarding campaign signage within the City.  Shared an update on the Know Your Dough Financial Literacy Program.  Attended the Esprit de Wolverine Awards ceremony at Aliso Niguel High School.

Councilmember Zandbergen:
 Participated in the SJHTCA Board of Directors Meeting.  Provided an update on the SR-73 Catalina View Improvements Project.  Welcomed newly appointed City Manager Brett Channing.

Mayor Pro Tem Munzing:
 Expressed gratitude for City staff.
 Attended Orange County City Selection Committee Meeting.  Participated in a Lennar housing development tour.
 Attended Aliso Viejo Chamber of Commerce Luncheon.

Mayor Duncan
 Attended Aliso Viejo Chamber of Commerce Luncheon.
 Thanked City staff for their ongoing dedication and work.  Commented on recent incident at Aliso Niguel High School.

9. ADJOURNMENT: Mayor Duncan adjourned the meeting at 8:08 p.m. to Wednesday, May 27, at 7:00 p.m. to continue discussion of Agenda Item 6.1.

Respectfully submitted: Approved by:

____________________________ _____________________________

MARIA KENDIG MAX DUNCAN

CITY CLERK MAYOR

12 CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
May 27, 2026
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California

CALL TO ORDER: Mayor Duncan called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 6:33 p.m.

ROLL CALL

PRESENT: MAYOR MAX DUNCAN

MAYOR PRO TEM MIKE MUNZING

COUNCILMEMBER TIFFANY ACKLEY

COUNCILMEMBER GARRETT DWYER
COUNCILMEMBER TIM A. ZANDBERGEN

ABSENT: None

STAFF PRESENT: BRETT CHANNING, CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

ANN EIFERT, DIRECTOR OF FINANCIAL SERVICES

SO KIM, DIRECTOR OF COMMUNITY DEVELOPMENT

SHAUN PELLETIER, DIRECTOR OF PUBLIC WORKS

MARIA KENDIG, DIRECTOR OF GOVERNMENT SERVICES / CITY
CLERK

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES

MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. RYAN BUHR, ALISO VIEJO POLICE SERVICES

DIVISION FIRE CHIEF REID GIBSON

STUDY SESSION:

SPEED LIMITS ON CERTAIN CITY STREETS

Director of Public Works Pelletier, together with Bryan Estrada of RK Engineering Group, Inc., presented the Citywide speed limit evaluation. The presentation focused on data - driven approaches to establishing safer speeds, with the goal of reducing the potential for severe and fatal collisions. Staff explained that Engineering and Traffic Surv eys (E&TS) are required to establish enforceable speed limits using radar or lidar and to support speed enforcement in accordance with the California Vehicle Code (CVC), including protections against “speed traps” (CVC §40802). E&TS also support adjustment s to statutory “prima facie” speed limits, generally 25 mph in urban areas and up to 65 mph on designated roadways.

Staff referenced the California Manual on Uniform Traffic Control Devices (CA MUTCD), Section 2B.13, as the governing standard for conducti ng E&TS in California. They also 13

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outlined recent legislative changes under Assembly Bill 43 (AB 43, 2021), as amended by AB 1938, which expand local authority to reduce speed limits in specific contexts such as safety corridors, high pedestrian or bicycle activity areas, and business districts. These provisions support the state’s Vision Zero goals and allow for reduced prima facie speed limits, including 20 mph or 15 mph where warranted, while maintaining eligibility for radar and lidar enforcement.

Staff advised that previously approved E&TS will expire on June 5, 2026, and reviewed statutory validity periods under CVC §40802, including 5 -year, 7 -year (with required training and equipment standards), and up to 14 -year extensions when a registered engineer certifies that no significant roadway or traffic condition changes have occurred.

The consulting engineer (RK Engineering Group, Inc.) described the methodology used for field data collection and analysis for each roadway segment, including radar speed surveys (generally 100 observations per segment, or a minimum of 50 observations using tube counters in lower -volume locations), 24 -hour average daily traffic counts, and five years of collision data obtained from the CHP Statewide Integrated Traffic Record s System. The analysis included evaluation of average speeds, 85th percentile speeds, and 10-mph pace speed.

Staff noted that speed limits are typically set to the nearest 5 mph increment of the 85th percentile speed under free -flow conditions, which refl ects the speed most drivers perceive as reasonable and prudent. It was further noted that establishing limits significantly below the 85th percentile may present enforcement challenges.

Staff identified 12 roadway segments as safety corridors and presented recommendations for reduced speed limits on selected streets.

Council discussion ensued, during which members expressed appreciation for the thoroughness of the study and the materials provided.

The City Council received 21 e -comments. The following individuals spoke in support of lowering speed limits: Marty Renert, Mindy Swank, Claire Winograd, Oscar Londone, Julie Colombero, and Sebastian.

Mayor Duncan announced that consideration of the ordinance would take place at the Adjourned Regular Meeting immediately following the Study Session.

ADJOURNMENT: Mayor Duncan adjourned the meeting at 7:22 p.m.

Respectfully submitted: Approved by:

____________________________ _____________________________

MARIA KENDIG MAX DUNCAN

CITY CLERK MAYOR
14 CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
May 27, 2026
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California

CALL TO ORDER: Mayor Duncan called the Adjourned Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:23 p.m.

ROLL CALL

PRESENT: MAYOR MAX DUNCAN

MAYOR PRO TEM MIKE MUNZING

COUNCILMEMBER TIFFANY ACKLEY

COUNCILMEMBER GARRETT DWYER
COUNCILMEMBER TIM A. ZANDBERGEN

ABSENT: None

STAFF PRESENT: BRETT CHANNING, CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

ANN EIFERT, DIRECTOR OF FINANCIAL SERVICES

SO KIM, DIRECTOR OF COMMUNITY DEVELOPMENT

SHAUN PELLETIER, DIRECTOR OF PUBLIC WORKS

MARIA KENDIG, DIRECTOR OF GOVERNMENT SERVICES / CITY
CLERK

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES

MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. RYAN BUHR, ALISO VIEJO POLICE SERVICES

DIVISION FIRE CHIEF REID GIBSON

PLEDGE OF ALLEGIANCE: Capt. Ryan Buhr led the Pledge of Allegiance.

DISCUSSION:

PRIMA FACIE CITYWIDE SPEED LIMITS — ORDINANCE
Recommended Actions:

1. Find that this Ordinance is subject to CEQA categorical exemption Class 1 pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Section 15301;

2. Introduce an Ordinance of the City Council of the City of Aliso Viejo, California, Amending the Aliso Viejo Municipal Code Declaring Prima Facie Speed Limits on Certain City Streets; and

3. Authorize the Finance Director to appropriate an additional $70,000 of Gas Tax funds to the Fiscal Year 2025-26 budget.
15

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Minutes of the Adjourned Regular
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Councilmember discussion ensued. Councilmembers expressed support for reduced speed limits to enhance safety for pedestrians and bicyclists. The Council also requested that staff conduct public outreach regarding the proposed changes. It was noted that some collisions are attributable to distracted driving, and it was further noted that there have been no fatalities on City streets. Councilmembers emphasized the importan ce of safety for all modes of transportation, including e-bikes.

Motion: Councilmember Ackley moved, and Mayor Duncan seconded to approve recommendations as proposed. Motion carried 5-0.

ADJOURNMENT: Mayor Duncan adjourned the meeting at 7:39 p.m.

Respectfully submitted: Approved by:

____________________________ _____________________________

MARIA KENDIG MAX DUNCAN

CITY CLERK MAYOR

16 City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

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 May 8, 2026, and May 21, 2026, in the amount of $574,630.82.

Fiscal Impact:

Expenditures in the amount of $574,630.82.

Background:

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

Discussion:

The attached registers containing checks and electronic funds transfers issued between May 8, 2026, and May 21, 2026, for $574,630.82, 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
17 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
JUN'26 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,695.61 JUN'26 DENTAL - TZCHOICE BUILDER 96.90
JUN'26 VISION - JMCHOICE BUILDER 6.48
JUN'26 DENTAL - JMCHOICE BUILDER 46.63
MAY'26 DENTAL - NSCHOICE BUILDER 145.88
JUN'26 DENTAL INSURANCECHOICE BUILDER 1,985.41
JUN'26 VISION INSURANCECHOICE BUILDER 307.34
JUN'26 TZ - HEALTH PREMIUMCALPERS HEALTH 1,750.56
JUN'26 TZ - HEALTH PREMIUM PEMCA MINIMUMCALPERS HEALTH 162.00 MAY'26 MEDICAL - TLCALPERS HEALTH 857.14
MAY'26 MEDICAL - MRCALPERS HEALTH 2,486.33
JUN'26 CALPERS HEALTH PREMIUMCALPERS HEALTH 36,645.18
MAR'26 CAA SCE - R.BRUNELLCHARLES ABBOTT ASSOC INC 52.50 MAR'26 CAA COX - R.BRUNELLCHARLES ABBOTT ASSOC INC 105.00 MAR'26 CAA CROWN CASTLE - R.BRUNELLCHARLES ABBOTT ASSOC INC 682.50 MAR'26 CAA MNWD - R.BRUNELLCHARLES ABBOTT ASSOC INC 840.00 MAR'26 CAA WOODMANTEL - R.BRUNELLCHARLES ABBOTT ASSOC INC 52.50 MAR'26 CAA KAISER GRADINGCHARLES ABBOTT ASSOC INC 190.00 APR'26 CAA WQMP REVIEW FOR POLARIS PROJECTCHARLES ABBOTT ASSOC INC 580.00 CD-2026-01019_1-11 ROSEWOOD_ROOF PROROOF PRO 500.00
CD-2026-01028_66-72 MEADOWOOD_ROOF PROROOF PRO 500.00
49,687.96

CITY MANAGER
JUN'26 PG - HEALTH PREMIUMCALPERS HEALTH 162.00
CITY MANAGER TOTAL: 162.00

HUMAN RESOURCES
APR'26 NM/RM/DR/BC SECURE LIVE SCAN FEESCHARLES C STILL 268.00 APR '26 TB TESTS & EMPLOYEE EXAMSOC FAMILY MEDICINE 1,290.00 HUMAN RESOURCES TOTAL: 1,558.00

FINANCE
JUN'26 ADMIN FEECHOICE BUILDER 30.00
JUN'26 CALPERS ADMIN FEECALPERS HEALTH 35.78
FY25-26 AV CITY ANNUAL AUDIT-1ST PROGRESS BILLINGDAVIS FARR LLP 6,310.00 MAR'26 PARS REP FEESPARS (PHASE II SYSTEMS AND CALIFORNIA CORPORATION) 300.00 ANNUAL SUBSCRIPTION 4/20/26-4/19/27FQ BUYER, INC 3,900.00 FINANCE TOTAL: 10,575.78

INFORMATION TECHNOLOGY
MAY'26 NETWORK SUPPORT & SECURITYNATHAN KEETER CONSULTING LLC 416.67 INFORMATION TECHNOLOGY TOTAL: 416.67

NON-DEPARTMENTAL
MAY'26 - RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 426.03 MM3/05 PORKYS-PW DEPT LUNCH/PRIZE-HOLIDAY LUNCHEONMARITZA MARTINEZ 95.00 MM 10/30 RAFFLE PRIZES-HALLOWEEN QTRLY LUNCHEONMARITZA MARTINEZ 50.00 MM 4/13 PARIS BAGU-STAFF SPRING CLEANING CH & AVRMARITZA MARTINEZ 101.51 MAY'26 CH & STE 200 FIRST AID MAINT & SUPPLIESCINTAS CORPORATION NO. 2 199.21 MAR'26 LANDSCAPE MAINTENANCE VISTA PARKNIEVES LANDSCAPE INC 1,100.11 QUADIENT POSTAGE - ANNUAL FEEQUADIENT FINANCE USA, INC 36.00 ACCT#64101 VISTA WATER SVCMOULTON NIGUEL WATER DIST 1,953.68 2/28/26 TO 5/27/26 POSTAGE MACHINE LEASEQUADIENT LEASING USA INC 592.19 NON-DEPARTMENTAL TOTAL: 4,553.73
C. S. ADMINISTRATION
JUN'26 HW - HEALTH PREMIUMCALPERS HEALTH 162.00
JUN'26 DP - HEALTH PREMIUMCALPERS HEALTH 162.00
18 Description (Item)Vendor Name Amount
LM 4/27-4/28/26 PARKS & REC SUMMIT CONF - REIMBELIZABETH MENDOZA 62.35 C. S. ADMINISTRATION TOTAL: 386.35

IGLESIA PARK
MAR'26 TREE TRIMMING - IGLESIA PARKGREAT SCOTT TREE SERVICE, INC 3,139.50 APR'26 ACCT#7997 IGLESIA PARK ELECTRICITYSO CAL EDISON 127.19 MAR'26 LANDSCAPE MAINTENANCE IGLESIA PARKNIEVES LANDSCAPE INC 7,319.43 IGLESIA PARK TOTAL: 10,586.12

IGLESIA BUILDING
MAR'26 PEST CONTROL SERVICES IGLESIAZAPP PEST MANAGEMENT 75.00 APR'26 PEST CONTROL SERVICES IGLESIAZAPP PEST MANAGEMENT 75.00 APR'26 ACCT#7997 IGLESIA PARK BLDG ELECTRICITYSO CAL EDISON 1,200.55 IGLESIA BUILDING TOTAL: 1,350.55

IGLESIA PARK COMMUNITY CENTER
APR'26 B&GCCVBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 11,000.00 FEB'26 B&GCCVBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 12,000.00 MAR'26 B&GCCVBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 12,000.00 IGLESIA PARK COMMUNITY CENTER TOTAL: 35,000.00

PLANNING
JUN'26 MF - HEALTH PREMIUMCALPERS HEALTH 162.00
APR'26 EVACUATION ASSESSMENT-SAFETY ELEMENTLG2WB ENGINEERS,INC 3,287.75 PLANNING TOTAL: 3,449.75

BUILDING
APR'26 CAA CONTRACT SERVICES - BUILDINGCHARLES ABBOTT ASSOC INC 46,039.29 BUILDING TOTAL: 46,039.29

CODE ENFORCEMENT
APR'26 CAA CONTRACT SERVICES - CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 9,010.00 CODE ENFORCEMENT TOTAL: 9,010.00

ENGINEERING (GENERAL)
MAR'26 CAA NPDES SERVICESCHARLES ABBOTT ASSOC INC 12,610.00 MAR'26 CAA SOLID WASTE SERVICESCHARLES ABBOTT ASSOC INC 5,782.50 ENGINEERING (GENERAL) TOTAL: 18,392.50

STREET MAINTENANCE
APR'26 PVM STREET MAINTENANCE MOE TAXPV MAINTENANCE INC 28,167.65 APR'26 PVM PACIFIC PARK R&R SIDEWALKPV MAINTENANCE INC 14,200.00 APR'26 PVM #107 AVR CATCH BASIN MAINTENANCEPV MAINTENANCE INC 11,169.00 MAR'26 CAA STREET INVESTIGATIONSCHARLES ABBOTT ASSOC INC 6,405.00 STREET MAINTENANCE TOTAL: 59,941.65

LAW ENFORCEMENT-OTHER
MAY'26 BMW REPAIR-MOTORCYCLE BATTERYSEAVCO INC 378.93
MAY'26 BMW REPAIR-MOTORCYCLE SERVICESEAVCO INC 1,827.53 JD 4/01 RALPHS-FOODUS BANK PURCHASING CARD PROGRAM 11.99 JD 4/20 MADD-AWARDS TICKETS TO DUI BANQUETUS BANK PURCHASING CARD PROGRAM 116.58 JD 3/25 RALPHS-ICE AND WATER FOR PROTESTSUS BANK PURCHASING CARD PROGRAM 27.72 JD 3/28 ALISO COFFEE & DONUT-FOOD FOR PROTESTSUS BANK PURCHASING CARD PROGRAM 24.00 JD 3/25 ALISO COFFEE & DONUT-FOOD FOR PROTESTSUS BANK PURCHASING CARD PROGRAM 202.81 JD 4/15 TARGET-HEADPHONES FOR INVESTIGATIONSUS BANK PURCHASING CARD PROGRAM 215.49 JD 3/31 JM TROPHIES-AV SVC INVSTG ALICIA ALKAWADRIUS BANK PURCHASING CARD PROGRAM 33.71 JD 4/15 AMAZON-WIPEBOARDUS BANK PURCHASING CARD PROGRAM 96.96 4/12-4/25/26 460 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 15,874.60 4/26-5/09/26 460 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 15,874.60 LAW ENFORCEMENT-OTHER TOTAL: 34,684.92

ANIMAL CONTROL
APR-JUN'26 MV ANIMAL CARE SERVICESCITY OF MISSION VIEJO 144,391.00 ANIMAL CONTROL TOTAL: 144,391.00
EOC
JD 3/30 AV SELF STORAGE-#75 PUBLIC SAFETY APR'26US BANK PURCHASING CARD PROGRAM 490.00 EOC TOTAL: 490.00
GENERAL FUND TOTAL: 430,676.27
19 Description (Item)Vendor Name Amount
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
MAY'26 CH ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 140.00 MAR'26 PEST CONTROL SERVICES CHZAPP PEST MANAGEMENT 75.00 APR'26 PEST CONTROL SERVICES CHZAPP PEST MANAGEMENT 75.00 APR'26 CH INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 MAY'26 CH ASO ASSOCIATION DUESPACIFIC PARK II ASSOCIATION 641.00 APR'26 ACCT#7189 CH ELECTRICITYSO CAL EDISON 4,323.00
MAR'26 LANDSCAPE MAINTENANCE CHNIEVES LANDSCAPE INC 724.89 MAY'26-MAY'27 BLINK EV NETWORK FEE COAV 5104 0602BLINK CHARGING INC 480.00 ACCT#65408/65407/65406 CH WATER SVCMOULTON NIGUEL WATER DIST 838.64 NON-DEPARTMENTAL TOTAL: 7,412.53
GEN. FD-CITY HALL TOTAL: 7,412.53
103 - GF-AV RECREATION SERVICES

RECREATION SERVICES
APR'26 CREDIT CARD SERVICE FEES - POSCSG FORTE PAYMENTS, INC 2,075.61 APR'26 CREDIT CARD SERVICE FEES - WEBCSG FORTE PAYMENTS, INC 3,961.33 SPRING2026-SPN023/SPN021 GYMNASTICS-7 PARTICIPANTSTUMBLE-N-KIDS, INC 419.40 MAR'26 PEST CONTROL SERVICES AVRZAPP PEST MANAGEMENT 95.00 APR'26 PEST CONTROL SERVICES AVRZAPP PEST MANAGEMENT 320.00 SPRING2026-SPN200/SPN025 BASKETBALL-7 PARTICIPANTSBREAKTHROUGH SPORTS LLC 285.60 SPRING2026-SPN126 SOUND BATH-4 PARTICIPANTSL & O ALISO VIEJO, LLC 117.00 SPRING2026-SPN012 STORYTIME-7 PARTICIPANTSJENNIFER BALES 105.00 SPRING2026-SPN124 PICKLEBALL-1 PARTICIPANTL & O ALISO VIEJO, LLC 48.75 APR'26 AVR INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 APR'26 ACCT#6247 AVR ELECTRICITYSO CAL EDISON 2,268.82
APR'26 ACCT #4551 FARM ELECTRICITYSO CAL EDISON 366.33
MAR'26 LANDSCAPE MAINTENANCE AVRNIEVES LANDSCAPE INC 2,419.14 APR '26 RENEWABLE FARMSAARON FLORA 41,712.35
MAY'26-MAY'27 BLINK EV CHARGING NETWORK FEE - AVRBLINK CHARGING INC 1,200.00 ACCT#105234/104936/104935/104986 RANCH WATER SVCMOULTON NIGUEL WATER DIST 1,657.09 ACCT#104515/104519 FARM WATER SVCMOULTON NIGUEL WATER DIST 462.52 RECREATION SERVICES TOTAL: 57,623.94
GF-AV RECREATION SERVICES TOTAL: 57,623.94
203 - GAS TAX

TRAFFIC ENGINEERING
MAR'26 TRAFFIC SIGNAL OPSITERIS, INC 8,372.00
MAR'26 ENGINEERING AND TRAFFIC SURVEY-SPEED LIMITSRK ENGINEERING GROUP INC 1,900.00 APR'26 ENGINEERING AND TRAFFIC-SPEED LIMIT UPDATERK ENGINEERING GROUP INC 1,300.00 TRAFFIC ENGINEERING TOTAL: 11,572.00

STREET MAINTENANCE
APR'26 PVM STREET MAINTENANCE GAS TAXPV MAINTENANCE INC 34,427.12 APR'26 ACCT#2125 GS1 MEDIAN ELECTRICITYSO CAL EDISON 25.39 APR'26 ACCT#8254 TC1 ST LIGHTS ELECTRICITYSO CAL EDISON 3,976.46 MAR'26 LANDSCAPE MAINTENANCE MEDIANSNIEVES LANDSCAPE INC 1,695.68 MAR'26 ST LIGHTS & TRAFFIC CTRLRSSAN DIEGO GAS & ELECTRIC 2,602.49 ACCT#64613/64615/65346 MEDIANS WATER SVCMOULTON NIGUEL WATER DIST 614.98 STREET MAINTENANCE TOTAL: 43,342.12
GAS TAX TOTAL: 54,914.12
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
JD 3/31 STALKER RADAR-LIDAR FOR MOTORUS BANK PURCHASING CARD PROGRAM 646.29 APR'26 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEMCOUNTY OF ORANGE 1,500.00 LAW ENFORCEMENT-OTHER TOTAL: 2,146.29
PUBLIC SAFETY GRANTS TOTAL: 2,146.29
20 Description (Item)Vendor Name Amount
225 - INTEGRATED WASTE MGMT FD

GEN-TECHNOLOGY GRANTS
MAR'26 CAA CONTRACT SERVICES-SB1383CHARLES ABBOTT ASSOC INC 760.00 GEN-TECHNOLOGY GRANTS TOTAL: 760.00
INTEGRATED WASTE MGMT FD TOTAL: 760.00
231 - OTHER GRANTS

OTHER GRANTS
38 COLONIAL WAY- DOOR REPAIR PAINT AND NEW HANDLEREAL ESTATE CONSULTING & SERVICES, INC 1,515.00 OTHER GRANTS TOTAL: 1,515.00
OTHER GRANTS TOTAL: 1,515.00
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
APR'26-CC MTGS 4/1 & 4/15 SPORTSZONE 25-27 & ADMINERIC WINTER 1,266.08 GEN-TECHNOLOGY GRANTS TOTAL: 1,266.08
TECHNOLOGY FUND TOTAL: 1,266.08
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
MAR'26 PEST CONTROL SERVICES AQCZAPP PEST MANAGEMENT 75.00 APR'26 PEST CONTROL SERVICES AQCZAPP PEST MANAGEMENT 75.00 MAR'26 LANDSCAPE MAINTENANCE AQCNIEVES LANDSCAPE INC 975.59 FEB'26 AQC 2/02 JACKRABBIT SERVICE PLATFORMPREMIER AQUATIC SERVICES 305.00 FEB'26 AQC 2/16 AMAZON-FACILITY MAINTENENACEPREMIER AQUATIC SERVICES 20.10 FEB'26 AQC 2/21 INDEED-ADVERTISINGPREMIER AQUATIC SERVICES 46.48 FEB'26 AQC 2/15 INDEED-ADVERTISINGPREMIER AQUATIC SERVICES 51.03 FEB'26 AQC 2/28 INDEED-ADVERTISINGPREMIER AQUATIC SERVICES 52.95 FEB'26 AQC 2/18 INDEED-ADVERTISINGPREMIER AQUATIC SERVICES 71.46 FEB'26 AQC 2/26 META-ADVERTISINGPREMIER AQUATIC SERVICES 189.47 FEB'26 AQC 2/28 GOOGLE-ADVERTISINGPREMIER AQUATIC SERVICES 390.79 FEB'26 AQC 2/12 INDEED-ADVERTISINGPREMIER AQUATIC SERVICES 21.91 ACCT#64095/64096 AQC WATER SVCMOULTON NIGUEL WATER DIST 1,100.02 GEN-AQUATIC CENTER TOTAL: 3,374.80
CITY FAC.-AQUATIC CENTER TOTAL: 3,374.80
331 - CAPITAL IMPROVEMENTS
AQUATIC CENTER POOL DECK RETENTION RELEASETRUELINE CONSTRUCTION & SURFACING 12,946.38 12,946.38

CAPITAL IMPROVEMENTS
APR'26 PVM AQC DECK-REMOVED DAMAGED UMBRELLASPV MAINTENANCE INC 386.00 IGLESIA PARK BBQ GRILLSULINE 1,609.42
AQUATIC CENTER POOL DECK RETENTION RELEASETRUELINE CONSTRUCTION & SURFACING (0.01) CAPITAL IMPROVEMENTS TOTAL: 1,995.41
CAPITAL IMPROVEMENTS TOTAL: 14,941.79
GRAND TOTAL: 574,630.82
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 430,676.27430,676.27
102 - GEN. FD-CITY HALL 7,412.537,412.53
103 - GF-AV RECREATION SERVICES 57,623.9457,623.94
203 - GAS TAX 54,914.1254,914.12
215 - PUBLIC SAFETY GRANTS 2,146.292,146.29
225 - INTEGRATED WASTE MGMT FD 760.00760.00
231 - OTHER GRANTS 1,515.001,515.00
241 - TECHNOLOGY FUND 1,266.081,266.08
261 - CITY FAC.-AQUATIC CENTER 3,374.803,374.80
21 Fund Summary
Payment AmountFund Expense Amount
331 - CAPITAL IMPROVEMENTS 14,941.7914,941.79
574,630.82Grand Total: 574,630.82
22 Accounts Payable Payable Dates: 5/8/2026 - 5/21/2026 5/20/2026 2:40:06 PM Page 6 of 7
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 430,676.27
102 - GEN. FD-CITY HALL 7,412.53
103 - GF-AV RECREATION SERVICES 57,623.94
203 - GAS TAX 54,914.12
215 - PUBLIC SAFETY GRANTS 2,146.29
225 - INTEGRATED WASTE MGMT FD 760.00
231 - OTHER GRANTS 1,515.00
241 - TECHNOLOGY FUND 1,266.08
261 - CITY FAC.-AQUATIC CENTER 3,374.80
331 - CAPITAL IMPROVEMENTS 14,941.79
574,630.82Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-1203-000 ACCOUNTS RECEIVABLE 1,900.57
101-2505-000 DENTAL INSURANCE PA… 2,131.29
101-2506-000 MEDICAL INSURANCE P… 40,150.65
101-2507-000 LIFE INSURANCE PAYABLE 1,695.61
101-2508-000 VISION INSURANCE PAY… 307.34
101-2602-000 PLANNING DEPOSIT 580.00
101-2603-000 ENGINEERING DEPOSIT 1,922.50
101-2606-000 C & D DEPOSIT 1,000.00
101-4-1501-4206-000 MEDICAL INSURANCE 162.00
101-4-1503-4309-000 OTHER CONTRACTUAL S… 1,558.00
101-4-2501-4301-000 PROFESSIONAL SERVICES 6,310.00
101-4-2501-4305-000 TECHNOLOGY SERVICES 3,900.00
101-4-2501-4309-000 OTHER CONTRACTUAL S… 365.78
101-4-3101-4301-000 PROFESSIONAL SERVICES 416.67
101-4-3501-4421-000 EQUIPMENT RENTAL 592.19
101-4-3501-4431-000 BUILDING & GROUND M… 3,053.79
101-4-3501-4471-000 RENT 426.03
101-4-3501-4512-000 POSTAGE 36.00
101-4-3501-4601-000 SUPPLIES 199.21
101-4-3501-4612-000 OPERATING SUPPLIES 246.51
101-4-4101-4206-000 MEDICAL INSURANCE 324.00
101-4-4101-4520-000 MTGS/CONF./TRNG & D… 62.35
101-4-4102-4411-000 UTILITIES 127.19
101-4-4102-4431-000 BUILDING & GROUND M… 10,458.93
101-4-4103-4411-000 UTILITIES 1,200.55
101-4-4103-4431-000 BUILDING & GROUND M… 150.00
101-4-4104-4529-000 REC-YOUTH PROGRAMS 35,000.00
101-4-4401-4206-000 MEDICAL INSURANCE 162.00
101-4-4401-4731-000 GENERAL PLAN 3,287.75
101-4-4402-4751-000 C.S-BUILDING 46,039.29
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 9,010.00
101-4-4501-4701-000 NPDES 12,610.00
101-4-4501-4702-000 AB939-SOLID WASTE 5,782.50
101-4-4503-4771-000 C.S-STREET MAINTENAN… 59,941.65
101-4-5102-4517-000 VEHICLE MAINTENANCE 2,206.46
101-4-5102-4520-000 MTGS/CONF./TRNG & D… 128.57
101-4-5102-4535-000 SPECIAL EVENTS 254.53
101-4-5102-4612-000 OPERATING SUPPLIES 346.16
101-4-5102-4721-000 C.S-CROSSING GUARDS 31,749.20
101-4-5301-4722-000 C.S-ANIMAL CARE SERVI… 144,391.00
101-4-5401-4471-000 RENT 490.00
102-4-3501-4411-000 UTILITIES 5,161.64
102-4-3501-4431-000 BUILDING & GROUND M… 2,250.89
23 Accounts Payable Payable Dates: 5/8/2026 - 5/21/2026 5/20/2026 2:40:06 PM Page 7 of 7
Account Summary
Payment AmountAccount Number Account Name
103-4-4105-4309-000 OTHER CONTRACTUAL S… 975.75
103-4-4105-4411-000 UTILITIES 3,925.91
103-4-4105-4431-000 BUILDING & GROUND M… 4,144.14
103-4-4105-4451-000 FARM OPERATING EXPE… 42,541.20
103-4-4105-4561-000 TAXES/FEES/PERMITS 6,036.94
203-4-4502-4301-000 PROFESSIONAL SERVICES 11,572.00
203-4-4503-4411-000 UTILITIES 7,219.32
203-4-4503-4771-000 C.S-STREET MAINTENAN… 36,122.80
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM… 2,146.29
225-4-6141-4309-000 OTHER CONTRACTUAL S… 760.00
231-4-6131-4309-000 OTHER CONTRACTUAL S… 1,515.00
241-4-6141-4309-000 OTHER CONTRACTUAL S… 1,266.08
261-4-6161-7402-000 COMPUTER EXPENSE 305.00
261-4-6161-7411-000 UTILITIES 1,100.02
261-4-6161-7421-000 BUILDING & GROUND M… 1,125.59
261-4-6161-7425-000 POOL MAINTENANCE 20.10
261-4-6161-7441-000 MARKETING 824.09
331-2103-000 RETENTIONS PAYABLE 12,946.38
331-4-8701-5910-000 IMPROVEMENTS 1,995.41
Grand Total: 574,630.82
Project Account Summary
Payment AmountProject Account Key
**None** 566,737.16
0125910 1,609.42
1002SPRING 975.75
10044309 1,515.00
1185910 385.99
9024612 50.00
9034612 95.00
ENG 2256 190.00
ENG 5004 840.00
ENG 5005 52.50
ENG 5049 105.00
ENG 5076 52.50
ENG 5082 682.50
SB13834309 760.00
SDP-2026-01000 580.00
Grand Total: 574,630.82
24 City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Ann Eifert, Director of Financial Services/City Treasurer

SUBJECT: TREASURER’S STATEMENT – APRIL 2026

Recommended Action:

Receive and file the April 2026 Treasurer’s Statement.

Fiscal Impact:

No Fiscal Impact.

Background:

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

Discussion:

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

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

Attachment:

Attachment 1 – April 2026 Treasurer’s Statement

25 TREASURER'S MONTHLY CASH STATEMENT

BEGINNING ENDING

BALANCE RECEIPTS DISBURSEMENTS BALANCE
CASH BALANCE (ALL FUNDS) 12,531,870.54$ 8,301,097.90$ 7,005,540.31$ 13,827,428.13$ CITY TRUST FUNDS:

AV RANCH FOUNDATION 100.00$ 100.00
CFD 2005-01 (4,164.00)$ 696,641.01 701,100.23 (8,623.22) COMMUNITY TRUST 5,904.20$ 5,904.20
CASH BALANCE TOTALS 12,533,710.74$ 8,997,738.91$ 7,706,640.54$ 13,824,809.11$ SUMMARY OF CASH:

DEMAND DEPOSITS: GENERAL ACCOUNT 959,025.93$
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 12,775,642.13$
MONEY MARKET/SWEEP ACCOUNT 90,141.05$
TOTAL CASH 13,824,809.11$
Years to Maturity for April 2026 1.87
Weighted Average Yield for April 2026 3.860%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.

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

Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 47,396,655.22$ Cash With Fiscal Agent COPS/CFD 2005-01 2,872,005.73
Cash With Investment Advisor City Investments 42,784,207.67 AV Center 1,516,690.54
PR Account 221,828.02
Petty Cash 1,923.26
GRAND TOTAL OF CITY FUNDS 61,221,464.33$

CITY OF ALISO VIEJO
April 30, 2026
26 CURRENT
MONTH
Beginning 42,448,825.28

0.00 0.00
(270.57)
312, 187.75
(19,788.67)
Interest Received 133,394.93
ENDING 42,874,348.72

36.58%

22.76%

20.95%

10.51%

5.99%

3.03%

0. 16%

CITY OF ALISO VIEJO
27 CUSIP DESCRIPTION INTEREST

YIELD TO

MOODY'S
S&P
LGIP
CALAIF California LAIF 04/30/2026
04/30/2026 12,775,642. 13 12,775,642. 13

0.00 12,775,642. 13 3.81 1 1.00
12,775,642. 13

0.00 12,775,642. 13 22.76 NA
12,775,642. 13 12,775,642. 13

0.00 12,775,642. 13 3.81 1 1.00
12,775,642. 13

0.00 12,775,642. 13 22.76
31846V567 FIRST AMER:GVT
OBLG;Z
04/30/2026
04/30/2026 90, 141.05 90, 141.05

0.00 90, 141.05 3.54 1 1.00
90, 141.05

0.00 90, 141.05 0. 16 Aaa
AAA
90, 141.05 90, 141.05

0.00 90, 141.05 3.54 1 1.00
90, 141.05

0.00 90, 141.05 0. 16
62479MGX5 MUFG BANK NY 07 /31/26 04/13/2026
04/13/2026 1, 105,000.00 1,092,386.73

0.00 1,092,386.73 3.81 07 /31/2026 92 99.05
1,094,469.66
2,082.93
1,092,386.73 1.95 P- 1
A- 1
62479MJJ3 MUFG BANK NY 09/18/26 04/13/2026
04/13/2026 1,005,000.00 988,018.29

0.00 988,018.29 3.92 09/18/2026 141 98.50
989,952.92
1,934.63
988,018.29 1.76 P- 1
A- 1
22533UK69 CREDIT AGRI NY
10/06/26
01/09/2026
01/09/2026 1,300,000.00 1,264,022.50

0.00 1,264,022.50 3.80 10/06/2026 159 98.38
1,278,946.50
14,924.00
1,264,022.50 2.28 P- 1
A- 1
3,410,000.00 3,344,427.52

0.00 3,344,427.52 3.84 132 98.63
3,363,369.07
18,941.55
3,344,427.52 5.99
91282CCF6 US TREASURY 0.750
05/31/26
06/13/2022
06/13/2022 1,000,000.00 915,976.56

0.00 915,976.56 3.01 05/31/2026 31 99.7 4
997,382.81
81,406.25
915,976.56 1.78 Aa1
AA+
91282CCJ8 US TREASURY 0.875
06/30/26
06/29/2022
06/29/2022 1,000,000.00 913, 125.00

0.00 913, 125.00 3.20 06/30/2026 61 99.52
995,234.38
82, 109.38
913, 125.00 1.77 Aa1
AA+
91282CJP7 US TREASURY 4.375
12/15/26
05/06/2025
05/08/2025 1,000,000.00 1,007,695.31

0.00 1,007,695.31 3.87 12/15/2026 229 100.41
1,004, 101.56
(3,593.75)
1,007,695.31 1.79 Aa1
AA+
91282CJT9 US TREASURY 4.000
01/15/27
01/22/2024
01/22/2024 1,000,000.00 996,718.75

0.00 996,718.75 4. 12 01/15/2027 260 100. 19
1,001,914.06
5, 195.31
996,718.75 1.79 Aa1
AA+
912828X88 US TREASURY 2.375
05/15/27
06/29/2022
06/29/2022 1,000,000.00 962,851.56

0.00 962,851.56 3.20 05/15/2027 380 98.56
985,585.94
22,734.38
962,851.56 1.76 Aa1
AA+
9128282R0 US TREASURY 2.250
08/15/27
01/13/2023
01/13/2023 1,050,000.00 990,322.27

0.00 990,322.27 3.60 08/15/2027 472 97.98
1,028,753.91
38,431.64
990,322.27 1.83 Aa1
AA+
9128284N7 US TREASURY 2.875
05/15/28
09/18/2024
09/19/2024 1,000,000.00 979,882.81

0.00 979,882.81 3.47 05/15/2028 746 98.01
980,078. 13
195.32
979,882.81 1.75 Aa1
AA+
91282CCR0 US TREASURY 1.000
07/31/28
09/18/2024
09/19/2024 1,000,000.00 910,507.81

0.00 910,507.81 3.50 07 /31/2028 823 93.81
938, 125.00
27,617. 19
910,507.81 1.67 Aa1
AA+
91282CCV1 US TREASURY 1. 125
08/31/28
12/21/2023
12/21/2023 1,000,000.00 878,750.00

0.00 878,750.00 3.98 08/31/2028 854 93.85
938,515.63
59,765.63
878,750.00 1.67 Aa1
AA+
91282CDF5 US TREASURY 1.375
10/31/28
12/21/2023
12/21/2023 1,500,000.00 1,328,906.25

0.00 1,328,906.25 3.98 10/31/2028 915 94.02
1,410,351.57
81,445.32
1,328,906.25 2.51 Aa1
AA+
28 CUSIP DESCRIPTION INTEREST

YIELD TO

MOODY'S
S&P
91282CJR3 US TREASURY 3.750
12/31/28
01/22/2024
01/22/2024 1,000,000.00 987,695.31

0.00 987,695.31 4.03 12/31/2028 976 99.59
995,937.50
8,242. 19
987,695.31 1.77 Aa1
AA+
9128286T2 US TREASURY 2.375
05/15/29
11/17 /2025
11/18/2025 700,000.00 671, 179.69
137.78 671,317.47 3.64 05/15/2029 1, 111 95.62
669,320.32
(1,859.37)
671, 179.69 1. 19 Aa1
AA+
91282CLC3 US TREASURY 4.000
07/31/29
07/14/2025
07 /15/2025 1,000,000.00 1,002,304.69

0.00 1,002,304.69 3.94 07 /31/2029 1, 188 100.20
1,001,953. 13
(351.56)
1,002,304.69 1.79 Aa1
AA+
91282CLR0 US TREASURY 4. 125
10/31/29
11/25/2024
11/26/2024 1,000,000.00 996,445.31

0.00 996,445.31 4.21 10/31/2029 1,280 100.56
1,005,625.00
9, 179.69
996,445.31 1.79 Aa1
AA+
91282CGB1 US TREASURY 3.875
12/31/29
02/07/2025
02/10/2025 1,000,000.00 978,828. 13

0.00 978,828. 13 4.36 12/31/2029 1,341 99.70
997,031.25
18,203. 12
978,828. 13 1.78 Aa1
AA+
91282CMG3 US TREASURY 4.250
01/31/30
05/06/2025
05/08/2025 1,000,000.00 1,015,507.81

0.00 1,015,507.81 3.89 01/31/2030 1,372 100.97
1,009,687.50
(5,820.31)
1,015,507.81 1.80 Aa1
AA+
91282CGS4 US TREASURY 3.625
03/31/30
11/18/2025
11/19/2025 700,000.00 698,851.56

0.00 698,851.56 3.67 03/31/2030 1,431 98.74
691, 195.32
(7,656.24)
698,851.56 1.23 Aa1
AA+
91282CMZ1 US TREASURY 3.875
04/30/30
05/06/2025
05/08/2025 1,000,000.00 998,867. 19

0.00 998,867. 19 3.90 04/30/2030 1,461 99.63
996,250.00
(2,617. 19)
998,867. 19 1.78 Aa1
AA+
91282CNK3 US TREASURY 3.875
06/30/30
10/20/2025
10/21/2025 600,000.00 607,898.44

0.00 607,898.44 3.57 06/30/2030 1,522 99.57
597,421.88
(10,476.56)
607,898.44 1.06 Aa1
AA+
91282CPN5 US TREASURY 3.500
11/30/30
02/13/2026
02/17 /2026 500,000.00 497,382.81
3,798.08 501, 180.89 3.62 11/30/2030 1,675 97.89
489,453. 13
(7,929.69)
497,382.81 0.87 Aa1
AA+
91282CJQ5 US TREASURY 3.750
12/31/30
02/02/2026
02/03/2026 600,000.00 597,843.75
2, 113.26 599,957.01 3.83 12/31/2030 1,706 98.85
593, 109.38
(4,734.37)
597,843.75 1.06 Aa1
AA+
91282CPW5 US TREASURY 3.750
01/31/31
02/02/2026
02/03/2026 600,000.00 597,867. 19
186.46 598,053.65 3.83 01/31/2031 1,737 98.86
593, 156.25
(4,710.94)
597,867. 19 1.06 Aa1
AA+
91282CQD6 US TREASURY 3.500
02/28/31
04/16/2026
04/17 /2026 625,000.00 613,793.95
2,853.26 616,647.21 3.91 02/28/2031 1,765 97.77
611,083.99
(2,709.96)
613,793.95 1.09 Aa1
AA+
20,875,000.00 20, 149,202. 15
9,088.84 20, 158,290.99 3.76 937 98.41
20,531,267.62
382,065.47
20, 149,202. 15 36.58
880591EU2 TVA 2.875 02/01/27 05/06/2025
05/08/2025 1,000,000.00 983,560.00

0.00 983,560.00 3.86 02/01/2027 277 99.30
993,010.00
9,450.00
983,560.00 1.77 Aa1
AA+
3130ASD63 FHLBANKS 3.250
06/28/27
06/28/2022
06/28/2022 1,000,000.00 1,000,000.00

0.00 1,000,000.00 3.25 06/28/2027 424 99. 12
991, 150.00
(8,850.00)
1,000,000.00 1.77 Aa1
AA+
3133EPAU9 FED FARM CR BNKS

3.875 07 /14/27
02/16/2023
02/16/2023 1,000,000.00 990,390.00

0.00 990,390.00 4. 12 07 /14/2027 440 99.97
999,660.00
9,270.00
990,390.00 1.78 Aa1
AA+
3130AMX98 FHLBANKS 2.000
06/30/28
07/10/2025
07 /11/2025 1,000,000.00 947,446.00

0.00 947,446.00 3.89 06/30/2028 792 95.44
954,420.00
6,974.00
947,446.00 1.70 Aa1
AA+
3133EMSX1 FED FARM CR BNKS

1.550 03/15/29 '25
02/06/2025
02/07/2025 500,000.00 447, 120.00

0.00 447, 120.00 4.39 03/15/2029 1,050 93.25
466,240.00
19, 120.00
447, 120.00 0.83 Aa1
AA+
3130B2GZ2 FHLBANKS 4.200
08/13/29 '26
08/21/2024
08/23/2024 250,000.00 250,000.00

0.00 250,000.00 4.20 08/13/2029 1,201 99.45
248,625.00
(1,375.00)
250,000.00 0.44 Aa1
AA+
3133EL6D1 FED FARM CR BNKS

1.230 09/10/29 '25
02/06/2025
02/07/2025 500,000.00 434,525.00

0.00 434,525.00 4.41 09/10/2029 1,229 90.81
454,070.00
19,545.00
434,525.00 0.81 Aa1
AA+
880591FE7 TVA 3.875 08/01/30 09/18/2025
09/19/2025 800,000.00 804,848.00

0.00 804,848.00 3.74 08/01/2030 1,554 99.25
793,984.00
(10,864.00)
804,848.00 1.41 Aa1
AA+
29 CUSIP DESCRIPTION INTEREST

YIELD TO

MOODY'S
S&P
6,050,000.00 5,857,889.00

0.00 5,857,889.00 3.89 758 97.63
5,901, 159.00
43,270.00
5,857,889.00 10.51
02007GXG3 ALL Y BANK 3.450
08/04/26
08/04/2022
08/04/2022 245,000.00 245,000.00

0.00 245,000.00 3.45 08/04/2026 96 99.90
244,752.55
(247.45)
245,000.00 0.44 NA
NA
90348JR93 UBS USA 0.950 08/11/26 08/11/2021
08/11/2021 245,000.00 245,000.00

0.00 245,000.00 0.95 08/11/2026 103 99.20
243,047.35
(1,952.65)
245,000.00 0.43 NA
NA
38149MYB3 GOLDMAN BANK USA

1.000 08/11/26
08/11/2021
08/11/2021 245,000.00 245,000.00

0.00 245,000.00 1.00 08/11/2026 103 99.22
243,081.65
(1,918.35)
245,000.00 0.43 NA
NA
254673N44 CAPITL ONE NA 3.500
07/29/27
08/03/2022
08/03/2022 245,000.00 245,000.00

0.00 245,000.00 3.50 07 /29/2027 455 98.44
241, 178.28
(3,821.72)
245,000.00 0.43 NA
NA
87164XN93 SYNCHRONY BANK

3.500 08/05/27
08/05/2022
08/05/2022 245,000.00 245,000.00

0.00 245,000.00 3.50 08/05/2027 462 98.42
241, 126.21
(3,873.79)
245,000.00 0.43 NA
NA
02589ADQ2 AM EX BK 3.450 08/10/27 08/12/2022
08/12/2022 245,000.00 243,775.00

0.00 243,775.00 3.56 08/10/2027 467 99.48
243,726.00
(49.00)
243,775.00 0.43 NA
NA
58404DVV0 MEDALLION BANK 3.800
08/30/29
08/21/2024
08/30/2024 245,000.00 245,000.00

0.00 245,000.00 3.80 08/30/2029 1,218 100.00
245,000.00

0.00 245,000.00 0.44 NA
NA
1,715,000.00 1,713,775.00

0.00 1,713,775.00 2.82 415 99.24
1,701,912.04
(11,862.96)
1,713,775.00 3.03
14913UAR1 CTRPLLR FIN SERV

4.400 10/15/27 MTN
11/25/2024
11/26/2024 500,000.00 498,865.00

0.00 498,865.00 4.48 10/15/2027 533 100.43
502, 140.00
3,275.00
498,865.00 0.89 A1
A
69353RFG8 PNC BANK 3. 100 10/25/27
'27 MTN
04/09/2026
04/10/2026 1,000,000.00 985, 110.00

0.00 985, 110.00 4. 11 10/25/2027 543 98.48
984,800.00
(310.00)
985, 110.00 1.75 A2
A
24422EWR6 JOHN DEERE CAP 4.750
01/20/28 MTN
11/25/2024
11/26/2024 500,000.00 504,235.00

0.00 504,235.00 4.46 01/20/2028 630 101. 15
505,740.00
1,505.00
504,235.00 0.90 A1
A
023135DB9 AMAZON.COM 3.850
03/13/28
04/16/2026
04/17 /2026 750,000.00 748,035.00
2,727.08 750,762.08 3.99 03/13/2028 683 99.60
747,000.00
(1,035.00)
748,035.00 1.33 A1
AA
931142FB4 WALMART 3.900
04/15/28 '28
11/25/2024
11/26/2024 325,000.00 320,619.00

0.00 320,619.00 4.33 04/15/2028 716 99.89
324,629.50
4,010.50
320,619.00 0.58 Aa2
AA
931142ES8 WALMART 1.500
09/22/28 '28
07/10/2025
07 /11/2025 1,000,000.00 925,020.00

0.00 925,020.00 4.02 09/22/2028 876 94.41
944, 100.00
19,080.00
925,020.00 1.68 Aa2
AA
14913UBD1 CTRPLLR FIN SERV 3.950
11/14/28 MTN
11/17 /2025
11/18/2025 700,000.00 699,804.00
307.22 700, 111.22 3.96 11/14/2028 929 99.51
696,570.00
(3,234.00)
699,804.00 1.24 A1
A
58933YBD6 MERCK & CO 1.900
12/10/28 '28
11/25/2024
11/26/2024 500,000.00 452,905.00

0.00 452,905.00 4.47 12/10/2028 955 94.56
472,795.00
19,890.00
452,905.00 0.84 Aa3
A+
17275RBR2 CISCO SYSTEMS 4.850
02/26/29 '29
11/01/2024
11/04/2024 500,000.00 506,060.00

0.00 506,060.00 4.53 02/26/2029 1,033 101.62
508, 110.00
2,050.00
506,060.00 0.91 A1
AA-
023135CG9 AMAZON.COM 3.450
04/13/29 '29
11/01/2024
11/04/2024 500,000.00 481,580.00

0.00 481,580.00 4.37 04/13/2029 1,079 98.02
490,080.00
8,500.00
481,580.00 0.87 A1
AA
30303M8S4 MET A PLA TFORMS 4.300
08/15/29 '29
11/01/2024
11/04/2024 500,000.00 496,070.00

0.00 496,070.00 4.48 08/15/2029 1,203 100. 13
500,660.00
4,590.00
496,070.00 0.89 Aa3
AA-
857449AE2 ST A TE STR BK TR 4.782
11/23/29
11/25/2024
11/26/2024 500,000.00 502, 115.00

0.00 502, 115.00 4.69 11/23/2029 1,303 101.44
507,200.00
5,085.00
502, 115.00 0.90 Aa2
AA-
30 CUSIP DESCRIPTION INTEREST

YIELD TO

MOODY'S
S&P
713448GB8 PEPSICO 4.600 02/07 /30
'30
02/05/2025
02/07/2025 500,000.00 499, 160.00

0.00 499, 160.00 4.64 02/07/2030 1,379 101.36
506,795.00
7,635.00
499, 160.00 0.90 A1
A+
717081EY5 PFIZER 1.700 05/28/30
'30
08/21/2025
08/22/2025 625,000.00 556,418.75

0.00 556,418.75 4.27 05/28/2030 1,489 90.02
562,637.50
6,218.75
556,418.75 1.00 A2
A
713448GH5 PEPSICO 4.300 07 /23/30
'30
08/21/2025
08/22/2025 625,000.00 626,756.25

0.00 626,756.25 4.24 07 /23/2030 1,545 100.39
627,443.75
687.50
626,756.25 1. 12 A1
A+
58933YBQ7 MERCK & CO 4. 150
09/15/30 '30
09/22/2025
09/23/2025 800,000.00 803,696.00

0.00 803,696.00 4.05 09/15/2030 1,599 99.35
794,792.00
(8,904.00)
803,696.00 1.42 Aa3
A+
166756BJ4 CHEVRON USA 4.300
10/15/30 '30
10/20/2025
10/21/2025 500,000.00 506,945.00

0.00 506,945.00 3.98 10/15/2030 1,629 100. 14
500,715.00
(6,230.00)
506,945.00 0.89 Aa2
AA-
02079KBK2 ALPHABET 4. 100 02/15/31
'31
02/20/2026
02/23/2026 600,000.00 601,350.00
683.33 602,033.33 4.05 02/15/2031 1,752 98.78
592,704.00
(8,646.00)
601,350.00 1.06 Aa2
AA+
24422EYL7 JOHN DEERE CAP 4.200
03/10/31 MTN
03/09/2026
03/10/2026 1,000,000.00 1,004, 170.00

0.00 1,004, 170.00 4. 11 03/10/2031 1,775 98.96
989,580.00
(14,590.00)
1,004, 170.00 1.76 A1
A
11,925,000.00 11,718,914.00
3,717 .63 11,722,631.63 4.23 1, 148 98.69
11,758,491.75
39,577.75
11,718,914.00 20.95

CITY OF ALISO
VIEJO TOTAL 56,840,783. 18 55,649,990.85
12,806.47 55,662,797.32 3.86 684 56, 121,982.66
471,991.81
55,649,990.85 100.00
56,840,783. 18 55,649,990.85
12,806.47 55,662,797.32 3.86 684 56, 121,982.66
471,991.81
55,649,990.85 100.00
31 CUSIP DESCRIPTION INTEREST YIELD
04/09/2026 04/10/2026 69353RFG8 PNC BANK 3. 100 10/25/27 '27 MTN 1,000,000.00 985, 110.00 14,208.33 (999,318.33) 4. 11 04/13/2026 04/13/2026 62479MGX5 MUFG BANK NY 07 /31/26 1, 105,000.00 1,092,386.73 0.00 (1,092,386.73) 3.81 04/13/2026 04/13/2026 62479MJJ3 MUFG BANK NY 09/18/26 1,005,000.00 988,018.29 0.00 (988,018.29) 3.92 04/16/2026 04/17/2026 91282CQD6 US TREASURY 3.500 02/28/31 625,000.00 613,793.95 2,853.26 (616,647.21) 3.91 04/16/2026 04/17/2026 023135DB9 AMAZON.COM 3.850 03/13/28 750,000.00 748,035.00 2,727.08 (750,762.08) 3.99 4,485,000.00 4,427 ,343.97 19,788.67 (4,447, 132.64) 3.94

CUSIP DESCRIPTION
NET
04/15/2026 04/15/2026 91282CGV7 UNITED ST A TES TREASURY 3.75 04/15/2026 (1,200,000.00) 1, 187,437.50 1,200,000.00 12,562.50 (1,200,000.00) 1, 187,437.50 1,200,000.00 12,562.50

CUSIP DESCRIPTION
NET
SELL
04/09/2026 04/10/2026 3136G4X99 FANNIE MAE 0.740 08/25/27 '26 (1,000,000.00) 876,610.00 958,480.00 81,870.00 04/13/2026 04/13/2026 91282CCP4 US TREASURY 0.625 07 /31/26 (1, 100,000.00) 987,292.97 1,090,074.22 102,781.25 04/13/2026 04/13/2026 3130AK5J1 FHLBANKS 0.700 09/18/26 '26 (1,000,000.00) 872,060.00 987,034.00 114,974.00 (3, 100,000.00) 2,735,962.97 3,035,588.22 299,625.25
32 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF ALISO VIEJO

DIRECTOR OF FINANCIAL SVCS/ CITY TREAS
12 JOURNEY , #100
ALISO VIEJO, CA 92656
Account Number: 98-30-007
April 2026 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
4/7/2026 4/7/2026 RW 1796304 1756978 ANN EIFERT -1,800,000.00 4/9/2026 4/9/2026 RD 1796431 1757108 ANN EIFERT 600,000.00 4/15/2026 4/14/2026 QRD 1798552 N/A SYSTEM 111,189.31
4/16/2026 4/16/2026 RD 1798960 1759642 ANN EIFERT 800,000.00 4/28/2026 4/28/2026 RD 1799441 1760131 ANN EIFERT 1,500,000.00 Account Summary
Total Deposit: 3,011,189.31 Beginning Balance: 11,564,452.82 Total Withdrawal: -1,800,000.00 Ending Balance: 12,775,642.13 LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 33 April 3.811
March 3.826
February 3.871
January 3.931
December 4.025
November 4.096
PMIA Average Life(1): 261
LAIF Fair Value Factor(1): 0.999980831
PMIA Daily(1): 3.82
PMIA Quarter to Date(1): 3.92
LAIF Apportionment Rate(2): 3.98
LAIF Earnings Ratio(2): 0.00010906180047888
LAIF Administrative Cost(1)*: 0.24
Treasuries

56.86%
Agencies

21.79%
Certificates of
Deposit/Bank Notes

10.77%
Time
Deposits

3.31%
Commercial
Paper

6.52%
Corporate
Bonds

0.59%
Loans

0.16%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) .
*The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.

Source:
(1) State of California, Office of the Treasurer
(2) State of California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 05/06/26
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 03/31/26
Chart does not include $829,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
03/31/26
$165.3 billion
34 City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Maria Kendig, Director of Government Services/City Clerk

SUBJECT: BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE

Recommended Action:

Direct staff to conduct a review of the City’s Conflict of Interest Code and return to the City Council with its findings and any recommended updates by October 1, 2026.

Fiscal Impact:

None.

Background:

Pursuant to the Political Reform Act, the City has adopted a Conflict of Interest Code that incorporates the standard provisions set forth in Section 18730 of Title 2 of the California Code of Regulations, as amended. The Code designates those City officials, officers, employees, and consultants who make or particip ate in making governmental decisions that may affect their financial interests. These individuals are required to disclose such interests through financial disclosure statements and must disqualify themselves from participating in decisions that may impact those interests.

The Political Reform Act further requires the City Council, as the designated code reviewing body, to direct staff to review the Conflict of Interest Code by July 1 of each even-numbered year. Staff must then submit a biennial report to the City Council by October 1 indicating whether any amendments are necessary. If amendments are warranted, an updated Code will be presented to the City Council for approval by resolution.

Discussion:

The City’s Conflict of Interest Code was originally adopted in 2001 and has been reviewed on a biennial basis since that time. The most recent amendments were approved in 2022.

Page 2 of 2 ends

Upon direction from the City Council, staff will conduct a comprehensive review of the Code in coordination with the City Attorney’s Office. This review will include an evaluation of designated positions and disclosure requirements to ensure compliance with current laws and organizational structure. Staff will return to the City Council with its findings and any recommended updates by October 1, 2026.

36 City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Maria Kendig, Director of Government Services/City Clerk

SUBJECT: GENERAL MUNICIPAL ELECTION – NOVEMBER 3, 2026

Recommended Actions:

3. Adopt a Resol ution requesting the Orange County Board of Supervisors to consolidate the Regular General Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code;

5. Adopt a Resolution adopting regulations pertaining to candidate statements submitted to the voters for an election to be held on Tuesday, November 3, 2026.

Fiscal Impact:

The total cost to conduct the 2026 consolidated Regular General Municipal Election and Special Municipal Election has been estimated by the County of Orange to be approximately $46,699 - $56,418. Staff have included sufficient funding in the proposed Fiscal Year 2026-27 budget.

Page 2 of 4 ends

Background:

On June 7, 2023, the City Council adopted Ordinance No. 2023 -236 establishing by - district elections, defining district boundaries, and scheduling elections within the districts.

The Regular General Municipal Election will be held on November 3, 2026, fo r City Council seats in Districts 2 and 4 for full four -year terms. The Special Municipal Election will be held on the same date for the District 3 seat for the remainder of an unexpired two- year term.

On September 19, 2025, duly elected Councilmember Richard Hurt, representing District 3, resigned. On October 15, 2025, the City Council appointed Garrett Dwyer to fill the vacancy created by the departure of Councilmember Hurt. In accordance with state law, the appointee serves until the next regularly scheduled municipal election, at which time the seat must be placed before the voters to fill the remainder of the term.

By statute, a number of actions and decisions must be made by the City Council in order for the City to hold a consolidated Regular Genera l Municipal Election and Special Municipal Election. Staff has prepared the attached resolutions for City Council consideration, which will call the elections, request consolidation with the County, and establish necessary candidate statement guidelines.

Discussion:

The City of Aliso Viejo conducts its municipal elections on the same date as the Statewide General Election. This year, the election date is November 3, 2026. The elections will be consolidated with the County of Orange and the Registrar of Voters will be asked to conduct the elections on behalf of the City. The election services provided by the Registrar of Voters include the printing and mailing of ballots, opening and closing of vote centers, counting of ballots, canv assing of returns, and all other proceedings incidental to and connected with the City’s Municipal Elections.

In order to initiate the administration of the Regular General Municipal Election and Special Municipal Election as required by the Elections Code, staff requests City Council consideration of the attached resolutions. Once adopted, the resolutions will be forwarded to the Clerk of the Board of Supervisors for the Board’s approval, with copies provided to the Registrar of Voters.

The resolutions are as follows:

1. Calling for the Holding of a Regular General Municipal Election on Tuesday, November 3, 2026 (Attachment 1)

The Elections Code requires the City Council to adopt a resolution calling the election.

The attached resolution calls for the hold ing of a Regular General Municipal Election in the City of Aliso Viejo on November 3, 2026, for the election of two (2) Members of the City Council for full four-year terms representing Districts 2 and 4. 38

Page 3 of 4 ends

2. Calling for the Holding of a Special Municipal Election on Tuesday, November 3, 2026 (Attachment 2)

The attached resolution calls for the holding of a Special Municipal Election in the City of Aliso Viejo on November 3, 2026, for the election of one (1) Member of the City Council from District 3 for the remainder of an unexpired two-year term.

The District 3 seat became vacant upon the resignation of former Councilmember Richard Hurt. Pursuant to Government Code Section 36512 and applicable provisions of state election law, the City Council appointed a replacement to serve until the next regularly scheduled municipal election, at which time the remaining balance of the term must be submitted to the voters.

3. Requesting Consolidation of the Regular General Municipal Election with the Statewide General Election (Attachment 3)

The Elections Code provides that the City Council may, by resolution, request that the County Board of Supervisors permit the County Elections Official to render specified services to the City relating to the conduct of an election. The City Clerk will work closely with the Orange County Registrar of Voters for election services related to the Regular General Municipal Election.

4. Requesting Consolidation of the Special Municipal Election with the Statewide General Election (Attachment 4)

The attached resolution requests that the Orange County Board of Supervisors consolidate the Special Municipal Election for District 3 with the Statewide General Election to be held on November 3, 2026. The Orange County Registrar of Voters will administer the election on behalf of the City.

5. Adopting Regulations Pertaining to Candidate Statements (Attachment 5)

The Elections Code provides that the City Council adopt regulations pertaining to candidate statements prepared by candidates for the Regular General Municipal Election and Special Municipal Election and determine whether a charge shall be levied to cover the actual costs of such statements.

The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate’s education and qualifications as expressed by the candidate. The City Council may authorize an increase in the limitation of words for the statement from 200 to 400 words. Historically, the City of Aliso Viejo has n ot authorized the word increase. Staff recommends continuation of the 200 -word limit for this election to avoid increased costs for the statements.

Page 4 of 4 ends

It is recommended that any candidate who chooses to submit a candidate statement pay the costs associated w ith translating, printing, and mailing the statement. Upon submission of nomination papers, candidates will be required to submit a deposit to the City for this purpose. An estimate is calculated by the County based on the number of registered voters, page formatting, and the number of pages in the sample ballot and will be provided to the candidate during the nomination process. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Orange County Registrar of Voters.

Staff recommends that the City Council adopt the resolutions regarding the upcoming Regular General Municipal Election and Special Municipal Election to be held on November 3, 2026, and direct staff to work wi th the Orange County Registrar of Voters on election activities.

Attachments:

1. Resolution calling the Regular General Municipal Election

2. Resolution calling the Special Municipal Election

3. Resolution requesting consolidation of the Regular General Municipal Election

4. Resolution requesting consolidation of the Special Municipal Election

5. Resolution adopting candidate statement regulations

40 RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA, CALLING AND GIVING

NOTICE OF THE HOLDING OF A REGULAR GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE

LAWS OF THE STATE OF CALIFORNIA RELATING TO

GENERAL LAW CITIES

WHEREAS, pursuant to California Government Code section 36503 and the Elections Code, a Regular General Municipal Election shall be held in the City of Al iso Viejo on November 3, 2026, for the election of certain municipal officers; and

WHEREAS, the terms of office for the City Council District 2 and District 4 seats expire in November 2026 and are required to be submitted to the voters at said election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is hereby called and ordered to be held in the City of Aliso Viejo, California, on Tuesday, November 3, 2026, a Regular General Municipal Election for the purpose of electing the following officers:

 One (1) Member of the City Council from District 2 for a full ter m of four (4) years; and
 One (1) Member of the City Council from District 4 for a full term of four (4) years.

Section 2. The ballots to be used at the election shall be in form and content as required by law.

Section 3. The City Clerk is authorized, i nstructed, and directed to coordinate with the Orange County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia necessary to properly and lawfully conduct the election.

Section 4. The vote centers for the election shall be open during the hours required by Elections Code section 14401 and any other applicable provisions of law.

Section 5. In all particulars not recited in this resolution, the election shall be he ld and conducted as provided by law for holding municipal elections. 41 Resolution No. 2026-xx

Page 2 of 4 ends

Section 6. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

Section 7. In the event of a tie vote, as certified by the Orange County Registrar of Voters, the City Council shall determine the tie by lot in accordance with Elections Code section 15651.

Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted invoice.

Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of June, 2026.

__________________________
Max Duncan,
Mayor

APPROVED AS TO FORM:

Scott C. Smith,
City Attorney

42 Resolution No. 2026-xx

Page 3 of 4 ends

CERTIFICATION OF ATTESTATION AND ORIGINALITY

I, MARIA KENDIG, City Clerk of the City of Aliso Viejo, California, do hereby attest to and certify that the foregoing Resolution No. 2026 -xx to be the original resolution duly passed and adopted by the City Council at their regular meeting held on the 3 rd day of June, 2026, by the following roll call vote, to wit:

AYES: Councilmembers: ___________________________________________ NOES: Councilmembers: ___________________________________________ ABSENT: Councilmembers: ___________________________________________

Date:___________________ _______________________________ Maria Kendig,
City Clerk

43 Resolution No. 2026-xx

Page 4 of 4 ends

44 RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA, CALLING AND GIVING

NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026, FOR THE PURPOSE OF ELECTING A MEMBER OF
THE C ITY COUNCIL FROM DISTRICT 3 TO SERVE THE

REMAINDER OF AN UNEXPIRED TERM

WHEREAS, a vacancy occurred in the office of Member of the City Council for District 3 due to the resignation/vacation of office of former Councilmember Hurt; and

WHEREAS, pursuant to Government Code section 36512(b), the City Council filled the vacancy by appointment on October 15, 2025; and

WHEREAS, Government Code section 36512(b) further requires that the appointed officer shall hold office only until the next regularly schedule d municipal election and until the qualification of his or her successor; and

WHEREAS, the next regularly scheduled municipal election is November 3, 2026, at which time the remaining balance of the unexpired term must be submitted to the voters;

NOW, TH EREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Pursuant to the requirements of the laws of the State of California, there is hereby called and ordered to be held in the City of Aliso Viejo, California, on Tuesday, November 3, 2026, a Special Municipal Election for the following purpose:

 Electing one (1) Member of the City Council from District 3 for the remainder of the unexpired term ending in November 2028.

Section 2. The ballots to be used at the election shall be in form and content as required by law.

Section 3. The City Clerk is authorized, instructed, and directed to coordinate with the Orange County Registrar of Voters to procure and furnish any and all officia l ballots, notices, printed matter, and all supplies, equipment, and paraphernalia necessary to properly and lawfully conduct the election.

Section 4. The vote centers for the election shall be open during the hours required by Elections Code section 14401 and any other applicable provisions of law. 45 Resolution No. 2026-xx

Page 2 of 4 ends

Section 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. Notice of the time and place of holding th e election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

Section 7. In the event of a tie vote, as certified by the Orange Coun ty Registrar of Voters, the City Council shall determine the tie by lot in accordance with Elections Code section 15651.

Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shal l be paid by the City upon presentation of a properly submitted invoice.

Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of June, 2026.

__________________________
Max Duncan,
Mayor

APPROVED AS TO FORM:

Scott C. Smith,
City Attorney

46 Resolution No. 2026-xx

Page 3 of 4 ends

CERTIFICATION OF ATTESTATION AND ORIGINALITY

AYES: Councilmembers: ___________________________________________ NOES: Councilmembers: ___________________________________________ ABSENT: Councilmembers: ___________________________________________

Date:___________________ _______________________________ Maria Kendig,
City Clerk

47 Resolution No. 2026-xx

Page 4 of 4 ends

48 RESOLUTION NO. 2026-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA, REQUESTING THE BOARD

OF SUPERVISORS OF THE COUNTY OF ORANGE TO

CONSOLIDATE A REGULAR GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026, WITH T HE STATEWIDE GENERAL ELECTION TO
BE HELD ON THE SAME DATE PURSUANT TO §10403

OF THE CALIFORNIA ELECTIONS CODE

WHEREAS, the City Council of the City of Aliso Viejo (“City”) called a Regular General Municipal Election to be held on November 3, 2026, for the purpose of:

• electing one (1) Member of the City Council from District 2 for a full four -year term; and
• electing one (1) Member of the City Council from District 4 for a full four -year term.

WHEREAS, it is desirable that the Regular General Municipal El ection be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, vote centers and election officers of the two elections be the same, and that the county election department of the County of Or ange canvass the returns of the Regular General Municipal Election and that the election be held in all respects as if there were only one election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant to the requirements of §10403 and §10418 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Regular General M unicipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of electing two (2) Members of the City Council as referenced above.

Section 2. That the county election department is authorized to canvass the returns of the Regular General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used.

The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
49 Resolution No. 2026-xx

Page 2 of 3 ends

Section 4. That the City of Aliso Viejo recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

Section 5. That the City acknowledges that the consolidated election requested by this Resolution will be hel d and conducted in the manner prescribed by California Elections Code §10418 and to the extent that anything in this Resolution shall conflict with such provisions, the provisions of Elections Code §10418 shall control and supersede such inconsistent provision(s).

Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange.

Section 7. That the City Clerk shall certify to the passage a nd adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of June, 2026.

__________________________
Max Duncan,
Mayor

APPROVED AS TO FORM:

Scott C. Smith,
City Attorney

50 Resolution No. 2026-xx

Page 3 of 3 ends

CERTIFICATION OF ATTESTATION AND ORIGINALITY

AYES: Councilmembers: ___________________________________________ NOES: Councilmembers: ___________________________________________ ABSENT: Councilmembers: ___________________________________________

Date:___________________ _______________________________ Maria Kendig,
City Clerk

51 RESOLUTION NO. 2026-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA, REQUESTING THE BOARD

OF SUPERVISORS OF THE COUNTY OF ORANGE TO

CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE
SAME DATE PURSUANT TO §10403 OF THE

CALIFORNIA ELECTIONS CODE

WHEREAS, the City Council of the City of Aliso Viejo (“City”) called a Special Municipal Election to be held on November 3, 2026, for the purpose of:

 electing one (1) Member of the City Council from District 3 for the remainder of an unexpired two-year term.

WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide General Election to be held on the same date and th at within the City, the precincts, vote centers and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in a ll respects as if there were only one election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant to the requirements of §10403 and §10418 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of electing one (1) Member of the City Council as referenced above.

Section 2. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

52 Resolution No. 2026-xx

Page 2 of 3 ends

Section 4. That the City of Aliso Viejo recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburs e the County for any costs.

Section 5. That the City acknowledges that the consolidated election requested by this Resolution will be held and conducted in the manner prescribed by California Elections Code §10418 and to the extent that anything in this R esolution shall conflict with such provisions, the provisions of Elections Code §10418 shall control and supersede such inconsistent provision(s).

Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange.

Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of June, 2026.

__________________________
Max Duncan,
Mayor

APPROVED AS TO FORM:

Scott C. Smith,
City Attorney

53 Resolution No. 2026-xx

Page 3 of 3 ends

CERTIFICATION OF ATTESTATION AND ORIGINALITY

I, MARIA KENDIG, City Clerk of the City of Aliso Viejo, Calif ornia, do hereby attest to and certify that the foregoing Resolution No. 2026 -xx to be the original resolution duly passed and adopted by the City Council at their regular meeting held on the 3 rd day of June, 2026, by the following roll call vote, to wit:

AYES: Councilmembers: ___________________________________________ NOES: Councilmembers: ___________________________________________ ABSENT: Councilmembers: ___________________________________________

Date:___________________ _______________________________ Maria Kendig,
City Clerk

54 RESOLUTION NO. 2026-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING

TO CANDIDATE STATEMENTS SUBMITTED TO THE

VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026

WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of a local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. General Provisions . That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Regular General Municipal Election and Special Municipal Election to be held in the City of Aliso Viejo on November 5, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statem ent shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed electronically and in typewritten form in the office of the City Clerk at the time the candidate’s nomin ation papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages:

Spanish, Korean, Chinese, and Vietnamese.

B. The County will print and mail voter information guides and candidate statements to all voters in Spanish, Korean, Chinese, and Vietnamese to only those voters who are on the county voter file as having requested a voter information guide in a particula r language. The County will make the voter information guide and candidate statements in the required languages 55 Resolution No. 2026-xx

Page 2 of 4 ends

available at all vote centers , on the County’s website , and in the Election Official’s office.

Section 3. Payment.

A. Translations:

1. The candida te shall be required to pay for the cost of translating the candidate statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law.

B. Printing:

1. The candidate shall be required to pay for t he cost of printing the candidate statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.

The City Clerk shall provide the total cost of printing, handling, transla ting, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local age ncy his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

The Orange County Registrar of Voters has provided the following estimated cost of translating, posting, printing, handling, and mailing of 200 -word candidate statements for candidates for elective office in the City of Aliso Viejo:

Seat Estimated Cost
District 2 $503.45
District 3 $497.26
District 4 $502.80

56 Resolution No. 2026-xx

Page 3 of 4 ends

Section 4. Miscellaneous.

A. All translations shall be provided by professionally certified translators.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

Section 5. Additional Materials . No candidate will be permitted to include additional materials in the voter information guide.

Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 7. That all pre vious resolutions establishing C ouncil policy on payment for candidate statements are repealed.

Section 8. That this resolution shall apply only to the election to be held on Tuesday, November 3, 2026, and shall then be repealed.

Section 9. That t he City Cle rk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of June, 2026.

__________________________
Max Duncan,
Mayor

APPROVED AS TO FORM:

Scott C. Smith,
City Attorney

57 Resolution No. 2026-xx

Page 4 of 4 ends

CERTIFICATION OF ATTESTATION AND ORIGINALITY

I, MARIA KENDIG, City Clerk of the City of Aliso Viejo, California, do hereby attest to and certify that the foregoing Resolution No. 2026 -xx to be the original resolut ion duly passed and adopted by the City Council at their regular meeting held on the 3 rd day of June, 2026, by the following roll call vote, to wit:

AYES: Councilmembers: ___________________________________________ NOES: Councilmembers: ___________________________________________ ABSENT: Councilmembers: ___________________________________________

Date:___________________ _______________________________ Maria Kendig,
City Clerk

58 City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, City Engineer

SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT BY AND BETWEEN THE

CITIES OF ALISO VIEJO, LAGUNA NIGUEL, LAGUNA HILLS, AND

MISSION VIEJO FOR THE ALICIA PARKWAY REGIONAL TRAFFIC

SIGNAL SYNCHRONIZATION PROGRAM PROJECT

______________________________________________________________________

Recommended Actions:

2. Authorize the Mayor and the City Clerk to execute the agreement; and

3. Authorize the City Manager to execute future amendments to the agreement.

Fiscal Impact:

Aliso Viejo’s match will be $54,306.47. Measure M Funds will be used and budgeted for in the FY26-27 Capital Improvement Budget.

Background:

As part of Renewed Measure M (M2), the Orange County Transportation Authority (OCTA) is responsible for implementing traffic signal coordination projects under the Regional Traffic Signal Synchronization Program (RTSSP), also known as Project "P".

These projects will improve traffic flow by providing traffic signal infrastructure improvements and synchronization on major corridors that cross several jurisdictions totaling over 2,000 signalized intersections across Orange County. In Spring 2024, OCTA funded the Alicia Parkway RTSSP, from Rustic Oak in Mission Viejo to Crown Valley Parkway in Laguna Niguel. The project corridor is approximately 10.5 miles long and spans four agencies, crossing both the 1-5 freeway and the SR-73 toll road, and includes 60 traffic signals, 3 of which are in Aliso Viejo. A vicinity map is attached to demonstrate this.
59

Page 2 of 2 ends

The project is currently in the design phase and will install new fiber optic communications, traffic signal cabinets, traffic signal controllers, and hybrid video/radar vehicle detection equipment along the corridor within Aliso Viejo.

All participating agencies within the project corridor are required to enter into a Cooperative Agreement with the lead agency. In the past, the City of Aliso Viejo entered into similar Cooperative Agreements with OCTA, which served as the lead agency for traffic signal synchronization projects such as Los Alisos and Aliso Creek Road.

Discussion:

The total project cost is approximately $3.7 million, of which about $270,000 is within the City of Aliso Viejo. The City’s required 20% match is $54,306.47.

The Cooperative Agreement describes the scope of work and responsibilities for each agency on this project. Laguna Niguel is the lead agency and will b e responsible for managing the design, construction, and maintenance phases of the project as well as seeking reimbursement payments from OCTA and the participating agencies for completed work. The Cooperative Agreement specifies the dollar match amounts that would be invoiced by the City of Laguna Niguel to each participating agency, and the participating agencies would be responsible for making payments within 30 days of receipt of invoices.

Attachments:

1. Vicinity Map

2. Cooperative Agreement

60 0 ½

FROM:

DATE:

SUBJECT:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jacki Scott, Public Works Director/City Engineer
April 21 , 2026
Approval of Cooperative Agreement with the Cities of Aliso Viejo, Laguna Hills, and Mission Viejo for the Alicia Parkway Regional Traffic Signal Synchronization Program Project

RECOMMENDATION
Staff recommends that the City Council:

2. Authorize the Mayor and the City Clerk to execute the agreement; and,

3. Authorize the City Manager to execute future amendments to the agreement.

BACKGROUND
As part of Renewed Measure M (M2), the Orange County Transportation Authority (OCTA) is responsible for implementing traffic signal coordination projects under the Regional Traffic Signal Synchronization Program (RTSSP), also known as Project "P".

In Spring 2024, OCTA funded the Alicia Parkway RTSSP, from Rustic Oak in Mission Viejo to Crown Valley Parkway in Laguna Niguel. The project corridor is approximately

10.5 miles long and spans four agencies, crossing both the 1-5 freeway and the SR-73 toll road, and includes 60 traffic signals, 19 of which are located in Laguna Niguel. A vicinity map is provided as Attachment "A". The project is currently in the design phase and will install new fiber optic communications, traffic signal cabinets, traffic signal controllers, CCTV cameras, and hybrid video/radar vehicle detection equipment along the corridor within Laguna Niguel.
62 Page2
All participating agencies within the project corridor are required to enter into a Cooperative Agreement with the lead agency. In the past, the City of Laguna Niguel entered into similar Cooperative Agreements with OCTA, which served as the lead agency for traffic signal synchronization projects such as Crown Valley Parkway, Moulton Parkway/Golden Lantern, and Aliso Creek Road. This project represents the first time that the City of Laguna Niguel will serve as the lead agency for a corridor-wide synchronization effort because OCTA is no longer serving as the lead agency for any Project "P" project.

ANALYSIS
The Cooperative Agreement describes the scope of work and responsibilities for each agency on this project (Attachment "B"). As the lead agency, Laguna Niguel would be responsible for managing the design, construction, and maintenance phases of the project as well as seeking reimbursement payments from OCTA and the participating agencies for completed work. The Cooperative Agreement specifies the dollar match amounts that would be invoiced by the City of Laguna Niguel to each participating agency, and the participating agencies would be responsible for making payments within 30 days of receipt of invoices.

ALTERNATIVES CONSIDERED
The City Council may decide not to approve the Cooperative Agreement. This alternative is not recommended because a Cooperative Agreement is a requirement of the grant funding and is necessary to invoice participating agencies for reimbursement payments.

FISCAL REVIEW
OCTA covers up to 80% of the total project cost and requires a minimum local match of 20% from each agency for its portion of the project. The estimated cost for the work within Laguna Niguel is $1,125,000. The City's required 20% match is approximately $225,000, which the City Council appropriated as part of the Fiscal Year 2024-25 Capital Improvement Program Budget.

Estimated Project Funding Summary
Estimated Total Project Cost $3,738,000
Measure M2 Grant Funds $2,991,000
Other Cities' Match $522,000
City of Laguna Niguel's Match $225,000 (General Funds)

LEGAL REVIEW
The City Attorney's Office has reviewed the Cooperative Agreement and has approved the agreement as to form.
63 Page3

CONCLUSION
Staff recommends that the City Council:

2. Authorize the Mayor and the City Clerk to execute the agreement; and,

3. Authorize the City Manager to execute future amendments to the agreement.

Principal Civil Engineer
Attachments :

A. Vicinity Map
B. Cooperative Agreement for the Alicia Parkway Regional Traffic Signal Synchronization Program Project
64 ATTACHMENT A
Vicinity Map
65 0 ½

I I I I
Miles
)
Vicinity Map
Alicia Parkway RTSSP
Project Signals
(j) Mission Viejo (15)
Caltrans (2)
(j) Laguna Hills (8)
Ci) Aliso Viejo (3)
0 Laguna Niguel (12)
Offset Signals
® Mission Viejo (10)
8 Laguna Hills (1)
® Aliso Viejo (2)
O Laguna Niguel (7)
- Alicia Parkway Project Corridor
66 ATTACHMENT B
Cooperative Agreement for the Alicia Parkway Regional
Traffic Signal Synchronization Program Project
67 COOPERATIVE AGREEMENT

BY AND BETWEEN

THE CITY OF LAGUNA NIGUEL
AND

THE CITIES OF ALISO VIEJO, LAGUNA HILLS, AND MISSION VIEJO

FOR THE

ALICIA PARKWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM

PROJECT
This Alicia Parkway Regional Traffic Signal Synchronization Program Project Cooperative Agreement ("AGREEMENT") is entered into as of ____ ___ _ 2026 ("Effective Date") by and between the CITY OF LAGUNA NIGUEL, hereinafter referred to as "LAGUNA NIGUEL", and the Cities of Aliso Viejo, Laguna Hills, and Mission Viejo, hereinafter referred to as "ALISO VIEJO", "LAGUNA HILLS", AND "MISSION VIEJO" respectively, jointly referred to as "AGENCIES". LAGUNA NIGUEL and AGENCIES are sometimes referred to herein individually as a "PARTY" or collectively as the "PARTIES".

RECITALS:

WHEREAS, Alicia Parkway between Rustic Oak and Crown Valley Parkway, is geographically located in the Cities of Laguna Niguel, Aliso Viejo, Laguna Hills, and Mission Viejo; and
WHEREAS, Alicia Parkway between Rustic Oak and Charlinda Drive is maintained by MISSION VIEJO; and
WHEREAS, Alicia Parkway between Interstate 5 Northbound Off-Ramp and Interstate 5 Southbound Off-Ramp is maintained by the State of California, hereinafter referred to as "STATE" or "CAL TRANS"; and
WHEREAS, Alicia Parkway between Paseo De Alicia-Hon Avenue and Ramona Street is maintained by LAGUNA HILLS; and
WHEREAS, Alicia Parkway between Holly Oak and Pacific Park Drive is maintained by ALISO VIEJO; and

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68 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
WHEREAS, Alicia Parkway between Marketplace North and Crown Valley Parkway is maintained by LAGUNA NIGUEL; and
WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow and reduce congestion across jurisdictions; and
WHEREAS, LAGUNA NIGUEL and AGENCIES are committed to implementing multi-jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion; and
WHEREAS, LAGUNA NIGUEL has been awarded Project P funds based on the application ("APPLICATION") prepared by LAGUNA NIGUEL for the implementation of signal synchronization of traffic signals along the Alicia Parkway Corridor between Rustic Oak and Crown Valley Parkway (hereinafter, "PROJECT"); and WHEREAS, LAGUNA NIGUEL and AGENCIES will provide matching funds as required by the Orange County Comprehensive Transportation Funding Programs; and WHEREAS, LAGUNA NIGUEL agrees to act as the lead agency for design, construction and management of PROJECT; and
WHEREAS, the PROJECT will include forty (40) traffic signals along Alicia Parkway, between Rustic Oak and Crown Valley Parkway, and located in the Cities of Laguna Niguel, Aliso Viejo, Laguna Hills, and Mission Viejo. Additionally, twenty-two (22) offset signalized intersections are included, for a total of sixty-two (62) signals, as shown in Attachment A; and
WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements identified in the Application and other associated systems ("ITS Elements"), that will be constructed and/or installed and implemented as part of the PROJECT; and WHEREAS, the PROJECT Scope of Work also includes the ongoing monitoring and maintenance of the coordinated signal system's operation, including system communication/detection upkeep, for two years; and
WHEREAS, LAGUNA NIGUEL agrees to work with AGENCIES to coordinate the inclusion of other ITS elements that must be installed before or at the same time as the construction of the PROJECT and are not part of this Agreement; and

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69 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
WHEREAS, all costs associated with the inclusion of these other elements, if any, are the sole responsibility of the PARTY owning each and any of those other elements; and
WHEREAS, LAGUNA NIGUEL and each respective PARTY acknowledge and understand that in-house resources (staff hours) from PARTY will provide various services for the PROJECT per the Application; and
WHEREAS, LAGUNA NIGUEL and each respective PARTY acknowledge and understand that PROJECT costs for various types of additional work required by each respective PARTY may not have been included in the original application and therefore those costs are not included in the PROJECT allocation; and WHEREAS, LAGUNA NIGUEL and each respective PARTY agree that these additional costs will be paid by the PROJECT only with written approval by LAGUNA NIGUEL, which may result in additional dollar match; and WHEREAS, LAGUNA NIGUEL agrees to implement the PROJECT as referenced on the Application; and
WHEREAS, the PARTIES desire to enter into this Agreement to implement the PROJECT in support of Project P as part of M2; and
WHEREAS, the PARTIES agree to contribute the share of the PROJECT as set forth in the Application, shown in Attachment B and incorporated herein by reference; and
WHEREAS, in the event the cost of the PROJECT exceeds the estimates as submitted in the Application prepared by LAGUNA NIGUEL, the PARTIES agree to meet and determine revisions to the PROJECT to satisfy the budget(s) or revised funding proposal(s) by the PARTIES, which shall be documented and submitted in writing as an amendment to the Agreement. Any cost overruns shall be the financial responsibility of the jurisdiction where the work improvement occurs or as the case may be, causes the required improvement; and
WHEREAS, this Cooperative Agreement "AGREEMENT" defines the roles, specific terms, conditions and responsibilities between LAGUNA NIGUEL and AGENCIES; and

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70 WHEREAS, the
AGREEMENT on the
WHEREAS, the
AGREEMENT on the
WHEREAS, the
AGREEMENT on the
WHEREAS, the
AGREEMENT on the
City of ALISO
day of
City of LAGUNA
day of
City of MISSION
day of
City of LAGUNA
day of

COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
VIEJO's City Council approved this
, 2026; and
HILLS's City Council approved this
, 2026; and
VIEJO's City Council approved this
, 2026; and
NIGUEL's City Council approved this
, 2026; and

AGREEMENT
NOW, THEREFORE, it is mutually understood and agreed by LAGUNA NIGUEL and AGENCIES as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This AGREEMENT, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between LAGUNA NIGUEL and AGENCIES concerning the PROJECT and it supersedes all prior representations, understandings and communications between the PARTIES. The invalidity in whole or in part of any term or condition of this AGREEMENT shall not affect the validity of other term(s) or condition(s) of the AGREEMENT. The above referenced Recitals are true and correct and are incorporated by reference herein.

B. LAGUNA NIGUEL's failure to insist on any instance(s) of AGENCIES' performance of any term(s) or condition(s) of this AGREEMENT shall not be construed as a waiver or relinquishment of LAGUNA NIGUEL's right to such performance or to future performance of such term(s) or condition(s), and AGENCIES' obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon LAGUNA NIGUEL except when specifically confirmed in writing by an authorized representative of LAGUNA NIGUEL by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. AGENCIES' failure to insist on any instance(s) of LAGUNA NIGUEL'S performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AGENCIES' right to such performance or to future

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71 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
performance of such term(s) or condition(s), and LAGUA NIGUEL's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AGENICES except when specifically confirmed in writing by an authorized representative of AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the subjects and PROJECT addressed herein. Both LAGUNA NIGUEL and AGENCIES agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF LAGUNA NIGUEL
LAGUNA NIGUEL as the Lead Agency agrees to the following responsibilities for the implementation of the PROJECT:

A. LAGUNA NIGUEL shall serve as lead agency for design, construction and construction management of PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the PROJECT development to ensure compliance with all standards and requirements set forth in this AGREEMENT.

8. LAGUNA NIGUEL shall be responsible for completing the PROJECT in accordance with the funding guidelines and any and all other federal, state, and Orange County Transportation Authority (OCTA) requirements related to these funding programs, as well as any and all applicable statutes and regulations including, but not limited to, bidding laws, prevailing wage and other labor laws, provisions of the California Building Standards Code, and the California Environmental Quality Act (CEQA) and the Guidelines thereunder.

C. LAGUNA NIGUEL shall provide AGENCIES with a copy of all design documents for AGENCIES' approval of work to be performed in AGENCIES' jurisdictions prior to LAGUNA NIGUEL advertising for bids.

D. LAGUNA NIGUEL shall provide staff, consultants, and contractors deemed necessary and appropriate to manage, administer, coordinate and oversee engineering design and construction management of the PROJECT. LAGUNA NIGUEL shall require

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72 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
all such consultants and contractors to obtain and maintain comprehensive general liability, automobile liability, workers' compensation and employers' liability, and professional liability insurance policies meeting the applicable requirements of the Consultant Contract and Bidders Specifications for the PROJECT and to indemnify, defend and hold each of the AGENCIES and their respective elected officials, officers, employees, agents and volunteers ("lndemnitees") free and harmless, including payment of attorneys' and experts' fees, with respect to any and all claims and liabilities of any kind arising out of each such contractor's acts or omissions in the performance of work on the PROJECT, to the maximum extent permitted by law. LAGUNA NIGUEL shall require all such contractors to name the lndemnitees as additional insureds on all commercial general and automobile liability policies required by LAGUNA NIGUEL for the PROJECT.

E. The budget for the PROJECT is Three Million Seven Hundred Thirty-Eight Thousand Two Hundred Seventy-Four Dollars And Thirteen Cents ($3,738,274.13).

Two Million Nine Hundred Ninety Thousand Six Hundred Nineteen Dollars And Thirty Cents ($2,990,619.30) is funded by the OCTA Project P/Regional Traffic Signal Synchronization Program. Minimum PROJECT matching funds of twenty percent (20%) amount to Seven Hundred Forty-Seven Thousand Six Hundred Fifty-Four Dollars And Eighty-Three Cents ($747,654.83). LAGUNA NIGUEL's share of the match amounts to Two Hundred Twelve Thousand Nine Hundred Thirty-Two Dollars And Fifty Cents ($212,932.50), including up to Twelve Thousand Ninety Dollars And Zero Cents ($12,090.00) of in-kind services. Documentation of LAGUNA NIGUEL'S in-kind services, such as administrative services, shall meet OCTA Comprehensive Transportation Funding Program (CTFP) Guidelines.

F. LAGUNA NIGUEL shall maintain coordination with AGENCIES for construction of the PROJECT.

G. LAGUNA NIGUEL specifically shall coordinate construction activity for the PROJECT within AGENCIES and provide a schedule of the construction activity for the PROJECT within AGENCIES that is acceptable to AGENCIES. In the event of planned street closures, LAGUNA NIGUEL shall provide prior notice to, and receive approval from, the responsible AGENCY, prior to the execution of the street closure.

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73 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
H. LAGUNA NIGUEL shall require AGENCIES and its officers and employees to be named as additional insured on the construction contractors' liability insurance policies.

I. LAGUNA NIGUEL shall collect manual intersection turning movement and automated machine traffic counts for the Caltrans-owned locations of Interstate 5 Northbound Off-Ramp and Interstate 5 Southbound Off-Ramp.

J. LAGUNA NIGUEL shall implement required signal improvements at the locations set forth in the Application.

K. LAGUNA NIGUEL shall implement the PROJECT based on the intent of the usage in the Application, prepared by LAGUNA NIGUEL in accordance with the policies and procedures contained in the CTFP Guidelines.

L. LAGUNA NIGUEL shall provide formats, templates, and guidance in reporting requirements as described in the CTFP Guidelines.

M. LAGUNA NIGUEL shall manage, procure, implement, and complete all aspects of the PROJECT as identified in the Application.

N. LAGUNA NIGUEL shall cooperate with the OCTA and coordinate outreach efforts for the Primary Implementation (design and construction) phase of the PROJECT.

0. LAGUNA NIGUEL shall prepare a Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for the PROJECT. LAGUNA NIGUEL shall provide the Project Final Report for the PROJECT to AGENCIES in draft and final formats for comment, and comments shall be noted in the final study and incorporated as mutually agreed by all PARTIES.

P. LAGUNA NIGUEL shall provide ongoing maintenance and operation of optimized signal timing after the Primary Implementation phase of the PROJECT is completed and to continue such maintenance until the end of the three (3) year grant period.

P. LAGUNA NIGUEL shall provide updates to AGENCIES on the PROJECT as part of the semi-annual review process until completion of the three (3) year grant period for the PROJECT. Documents to be provided include, but are not limited to, contracts pertinent to the PROJECT and purchase orders pertinent to the PROJECT.

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74 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
Q. LAGUNA NIGUEL shall invoice AGENCIES for dollar match amounts due as identified in Attachment B, at the end of each phase.

ARTICLE 4. RESPONSIBILITIES OF AGENCIES
AGENCIES agree to the following responsibilities:

A. AGENCIES shall be responsible for providing the required documentation and funding commitments for PROJECT implementation on the STATE portions of Alicia Parkway within their respective geographical jurisdictions.

B. AGENCIES shall remit.to LAGUNA NIGUEL within thirty (30) calendar days of receipt of an acceptable invoice, the PROJECT matching funds as required by the Orange County Comprehensive Transportation Funding Programs. a. ALISO VIEJO'S share of the minimum twenty percent (20%) PROJECT match amounts to Fifty-Four Thousand Three Hundred Six Dollars And Forty-Seven Cents ($54,306.47).
b. LAGUNA HILLS' share of the minimum twenty percent (20%) PROJECT match amounts to One Hundred Fifty-Nine Thousand Six Dollars And Eighty-Six Cents ($162,026.86), including up to Six Thousand Eight Hundred Eighty Dollars And Zero Cents {$6,880.00) of in-kind services.
c. MISSION VIEJO'S share of the minimum twenty percent (20%) PROJECT match amounts to Two Hundred Eighty-Three Thousand Two Hundred Ninety-Nine Dollars And Zero Cents ($283,239.00), including up to Sixteen Thousand One Hundred Eighty Dollars And Zero Cents ($16,180.00) of in-kind services.

Documentation of AGENCIES' in-kind services, such as administrative or construction inspection services, shall meet OCTA CTFP Guidelines.

C. At no cost to LAGUNA NIGUEL, AGENCIES shall provide LAGUNA NIGUEL with current intersection, local field master and/or central system timing plans and related data no later than thirty (30) calendar days subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) calendar days of the event.

D. At no cost to LAGUNA NIGUEL, AGENCIES shall provide to LAGUNA NIGUEL appropriate documents to utilize in the design and construction of infrastructure

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75 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
required to implement the desired coordinated and synchronized system and operations no later than thirty (30) calendar days subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) calendar days of the update.

E. AGENCIES shall waive all costs and fees related to any and all AGENCIES required encroachment and inspection permits required by the AGENCY for the construction phase of the PROJECT.

F. At no cost to LAGUNA NIGUEL, AGENCIES shall be responsible for coordinating the construction and/or installation of traffic control elements and other items within AGENCIES' own jurisdictions that are not requested by the AGENCIES and are NOT a part of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT.

G. In the event of an unanticipated cost overrun, LAGUNA NIGUEL shall meet with all AGENCIES to resolve the cost overrun. Should the PARTIES be unable to come to a resolution of the cost overrun, the AGREEMENT will terminate.

H. AGENCIES shall provide a technical representative to meet and participate as a member of the PROJECT'S Traffic Forums.

I. AGENCIES shall authorize LAGUNA NIGUEL to manage, procure, implement, and complete all aspects of the PROJECT.

J. AGENCIES shall support the PROJECT'S implementation within the timeframe outlined in the Application and consistent with the CTFP Guidelines adopted by OCTA.

K. AGENCIES shall provide LAGUNA NIGUEL all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by Party since original installation, local field master, local controller, and Advanced Traffic Management System timing plans and other ITS related data upon request.

L. AGENCIES shall provide updates to LAGUNA NIGUEL on the PROJECT as part of the semi-annual review process until completion of the three (3) year grant period for the PROJECT. Documents to be provided include, but are not limited to, payroll records, contracts pertinent to the PROJECT, and purchase orders pertinent to the

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76 PROJECT.

COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
M. AGENCIES shall provide LAGUNA NIGUEL with a combined dollar and in kind services match, totaling at least twenty percent (20%) of actual PROJECT costs.

The Application estimate this amount to be as shown in Attachment B. PARTIES shall work with LAGUNA NIGUEL to address and mitigate budget impacts. Failure to provide local dollar match and/or evidence of in-kind services match may result in the ineligibility of future participation in competitive funding opportunities.

N. AGENCIES shall provide payment for the dollar match to LAGUNA NIGUEL within thirty (30) calendar days of receipt of an invoice

0. AGENCIES shall provide documentation of conformance as part of the semi annual review process or as requested by LAGUNA NIGUEL, or agents of LAGUNA NIGUEL, if included an in-kind services match, as identified in Attachment B.

P. AGENCIES shall waive all cost and fees related to any and all permits that may be required of the consultant, subconsultants, and/or service or equipment providers, if such permits are required to perform any PROJECT related work within its jurisdiction
Q. To review and approve in writing the traffic synchronization signal PS&E package within the respective jurisdiction within ten working days of receipt.

ARTICLE 5. MUTUAL RESPONSIBILITIES OF THE PARTIES
The PARTIES agree to the following mutual responsibilities:

A. The PARTIES shall cooperate and coordinate their staff, contractors and consultants, in providing the services and responsibilities required under this AGREEMENT to the extent practicable with respect to the performance of the PROJECT.

B. The PARTIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this AGREEMENT.

C. The PARTIES shall be responsible for obtaining required STATE permits for requested improvements for their agency's jurisdiction that are a part of the PROJECT Scope of Work on the STATE portions of Alicia Parkway within their respective

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77 geographic jurisdictions.

COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
D. This AGREEMENT may only be modified or amended upon written agreement of all PARTIES. All modifications, amendments, changes and revisions of this AGREEMENT in whole or in part, and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the PARTIES. No waiver of any term or conditions of this AGREEMENT shall be a continuing waiver thereof.

E. Applicable Laws and Regulations: This AGREEMENT shall be governed by all applicable federal, state and local laws and regulations. The PARTIES warrant that in the performance of this AGREEMENT, each shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated there under.

F. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been received three (3) business days after deposit in the U.S. Mail. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given are as follows:

City of Laguna Niguel - Lead Agency
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Attention: Jason Jung
Principal Civil Engineer
Tel: (949) 362-4317
Email: [email protected]
City of Aliso Viejo
12 Journey
Aliso Viejo, CA 92656
Attention: Shaun Pelletier
TITLE: Public Works Director/City Engineer
Tel: (949) 425-2533
Email: [email protected]

Page 11 of 19 ends

78 City of Laguna Hills
24035 El Toro Rd
Laguna Hills, CA 92653
Attention: Joe Ames
TITLE: Assistant City Manager
Tel: (949) 707-2655
Email: james@lagunahillsca .gov
City of Mission Viejo
200 Civic Center
Mission Viejo, CA 92691
Attention: Mario Gutierrez
TITLE: Transportation Engineer, Traffic
Tel: (949) 470-3068
Email: mgutierrez@cityo fmissionviejo .org

COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT

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79 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by AGENCIES in the implementation of this Agreement are delegated to its City Manager, Director of Public Works, or designee, and the actions required to be taken by LAGUNA NIGUEL in the implementation of this Agreement are delegated to its City Manager, Director of Public Works, or designee.

AGENCIES acknowledges this designation of authority is authorized under their respective local rules and regulations.

ARTICLE 7. AUDIT AND INSPECTION
LAGUNA NIGUEL and AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, AGENCIES shall permit the authorized representatives of the LAGUNA NIGUEL to inspect and audit all work, materials, payroll, book, accounts, and other data and records of AGENCIES for a period or five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of the LAGUNA NIGUEL'S payment of consultant's final billing (so noted on the paid invoice) under this Agreement.

LAGUNA NIGUEL shall have the right to reproduce any such books, records, and accounts, The above provision with respect to audits shall extend to and/or be included in contracts with AGENCIES' contractor.

ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by Law, AGENCIES shall defend (at AGENCIES' sole cost and expense with legal counsel reasonably acceptable to LAGUNA NIGUEL), indemnify, protect, and hold harmless LAGUNA NIGUEL, and its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgements, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AGENCIES employees included), for damage to property, including property owned by LAGUNA NIGUEL, or from any violation of any federal, state, or local law or ordinance, alleged to

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80 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
be caused by the negligent acts, omissions or willful misconduct of AGENCIES its officers, directors, employees or gents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, LAGUNA NIGUEL shall defend (at LAGUNA NIGUEL'S sole cost with legal counsel reasonably acceptable to AGENCIES), indemnify protect, and hold harmless AGENCIES, including their officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any an all liabilities, actions, suits, claims, demands, losses, costs, judgements, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"). Including but not limited to Claims arising from injuries to or deaths by AGENCIES, or from any violation of federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of LAGUNA NIGUEL, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall continue in full force and effect through June 30, 2028.

B. Amendment: This Agreement may be extended or amended at the mutual consent of all Parties hereto. No amendment shall have any force or effect unless executed in writing and approved as to form by AGENCIES' City Attorney and the City Attorney for LAGUNA NIGUEL.

C. Termination: In the event any Party defaults in the perform of their respective obligations under this agreement of breaches any of the provisions of the Agreement, a non-default in Party(s) shall have the option to terminate the Agreements upon thirty (30) calendar days prior written notice to the Party in default D. Termination for Convenience: Any party may terminate this Agreement for convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party
E. The Parties shall comply with all applicable federal, state and local laws,

Page 14 of 19 ends

81 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
statutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile signatures will be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any Party without the prior written consent of the other Party hereto in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one (1) assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.

J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing Party
L. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants

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82 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT
or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.

M. Disputes: The Parties agree to work together . in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement.

N. Obligations to Comply with Law: Nothing herein shall be deemed or construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law.

0. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed to the contacts noted in Article 5, Paragraph E.
(Signature Page Follows)

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83 COOPERATIVE AGREEMENT
ALICIA PARKWAY RTSSP 2024 PROJECT

Page 17 of 19 ends

This Agreement shall be made effective upon execution by both Parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date of the last signature below.

CITY OF LAGUNA NIGUEL

CITY OF ALISO VIEJO
By:

Gene Johns, Mayor

By:

Max Duncan, Mayor

Dated:

ATTEST:

By:

Marissa J. Asistin, City Clerk

Dated:

By:

Maria Ruano-Kendig, City Clerk

Dated:

APPROVED AS TO FORM: APPROVED AS TO FORM:

By:

Scott C. Smith, City Attorney

By:

Scott C. Smith, City Attorney

Dated:

84 85

COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT

ATTACHMENT B

ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH
Pl O&M Pl O&M Pl O&M
City of $49,606.47 $4,700.00 $49,606.47 $4,700.00
Aliso
Viejo $54,306.47 $0.00 $54,306.47
City of $155,426.86 $6,600.00 $4,080.00 $2,800.00 $159,506 .86 $9,400.00 Laguna
$162,026.86 $6,880.00 $168,906.86 Hills
City of $198,562.50 $14,370.00 $8,600.00 $3,490.00 $207,162.50 $17,860.00 Laguna
$212,932.50 $12,090.00 $225,022.50 Niguel
City of $268,999.00 $14,240.00 $5,980.00 $10,200.00 $274,979.00 $24,440.00 Mission
Viejo $283,239.00 $16,180.00 $299,419.00
TOTAL $670,514,83 $38,030.00 $18,660.00 $16,490.00 $689,174.83 $54,520.00 MATCH $712,504.83 $35,150.00 $747,654.83
*In-kind match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.

SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match

AGENCY FUNDING SOURCE AMOUNT OF CASH

DISTRIBUTION
City of Aliso Viejo General Funds $54,306.47
City of Laguna Hills General Funds $162,026.86
City of Laguna Niguel General Funds $212,932.50
City of Mission Viejo General Funds $283,239.00
TOTAL CASH MATCH: $712,504.83
86 B. In-Kind Services
i. Specific Improvements (List Items and Cost):

AGENCY IMPROVEMENT DATE OF EXPENDITURE CONSTRUCTION
NIA
TOTAL FOR SPECIFIC IMPROVEMENTS (i): N/A
ii. Staffing Commitment:

TYPE OF FULLY
AGENCY STAFF SERVICE TO NO.OF BURDENED TOTAL** POSITION PROJECT HOURS HOURLY RATE
Project Admin,
Traffic Signal Timing &
Engineer Design Review, 30 $100 $3,000.00
Implementation
& Operation
PW Inspector Project 12 $90 $1,080.00 Inspection
City of Traffic Signal Timing,
Laguna Systems Design Review,
Specialist Implementation 10 $115 $1,150.00 Hills (On-Call & Team) Operations
Information System Technology 10 $100 $1,000.00
Manager Integration
Information System Technology 10· $65 $650.00
Specialist Integration
Total for City of Laguna Hills: $6,880.00
Project Admin ,
Traffic Signal Timing &
Engineer Design Review, 50 $100 $5,000.00
Implementation
& Operation
Public Works Project 40 $90 $3,600.00 Inspector Inspection City of Traffic Signal Timing,
Laguna Systems Design Review,
Niguel Specialist Implementation 16 $115 $1,840.00
(On-Call &
Team) Operations
Information System Technology 10 $100 $1,000.00
Manager Integration
Information System 10 $65 $650.00 Technoloav Integration 87 Specialist
Total for City of Laguna Niguel: $12,090.00
Project Adm in,
Traffic Signal Timing &
Engineer Design Review, 60 $100 $6,000.00
Implementation
& Operation
Project Admin,
Transportation Signal Timing &
Analyst Design Review, 60 $70 $4,200.00
Implementation
& Operation
City of PW Inspector Project 24 $90 $2,160.00 Mission Inspection Viejo Traffic Signal Timing,
Systems Design Review,
Specialist Implementation 16 $115 $1,840.00
(On-Call &
Team) Operations
Information System Technology 12 $100 $1 ,200.00
Manaoer Integration
Information System Technology 12 $65 $780.00
Soecialist Integration
Total for City of Mission Viejo: $16,180.00
TOTAL STAFFING COMMITMENT (ii): $35,150.00
TOTAL IN-KJND MATCW (i + iQ: I $35, 150.00
**Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. 88 89

COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT

ATTACHMENT B

ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH
Pl O&M Pl O&M Pl O&M
City of $49,606.47 $4,700.00 $49,606.47 $4,700.00
Aliso
Viejo $54,306.47 $0.00 $54,306.47
*In-kind match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.

SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match

AGENCY FUNDING SOURCE AMOUNT OF CASH

DISTRIBUTION
City of Aliso Viejo General Funds $54,306.47
B. In-Kind Services
i. Specific Improvements (List Items and Cost):

AGENCY IMPROVEMENT DATE OF EXPENDITURE CONSTRUCTION
NIA
TOTAL FOR SPECIFIC IMPROVEMENTS (i): N/A
ii. Staffing Commitment:

FULLY
AGENCY STAFF TYPE OF SERVICE NO.OF BURDENED TOTAL** POSITION TO PROJECT HOURS HOURLY RATE
**Total amount ,s the reqwred participat ion by the identified agency. The number of hours and hourly rate will be based on each agency 's actual fully burdened billing rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. 90 Begin l~agi1:1na~Uls' vs.rslen of ~ttacbment B
91 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT

ATTACHMENT B

ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH
Pl O&M Pl O&M Pl O&M
City of $155,426 .86 $6,600.00 $4,080.00 $2,800.00 $159,506.86 $9,400.00 Laguna
$162,026.86 $6,880.00 $168,906.86 Hills
*ln-kmd match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.

SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match

AGENCY FUNDING SOURCE AMOUNT OF CASH

DISTRIBUTION
City of Laguna Hills General Funds $162,026.86
B. In-Kind Services
i. Specific Improvements (List Items and Cost):

AGENCY IMPROVEMENT DATE OF EXPENDITURE CONSTRUCTION
N/A
TOTAL FOR SPECIFIC IMPROVEMENTS (i): N/A
ii. Staffing Commitment:

FULLY
AGENCY STAFF TYPE OF SERVICE NO.OF BURDENED TOTAL** POSITION TO PROJECT HOURS HOURLY RATE
Project Adm in,
City of Signal Timing &
Traffic Engineer Design Review, 30 $100 $3,000.00 Laguna Implementation & Hills Operation PW Inspector Project Inspection 12 $90 $1 ,080.00
92 Traffic Systems Signal Timing,
Specialist (On- Design Review, 10 $115 $1,150.00
Call Team) Implementation &
Operations
Information
Technology System Integration 10 $100 $1,000.00
Manaaer
Information
Technology System Integration 10· $65 $650.00
Specialist
Total for City of Laguna Hills: $6,880.00
**Total amount ,s the reqwred participation by the identified agency The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned ''Total" dollars . Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. 93 tfg1rrr Mi&sion Vieio's Mersian 01· Attachmenl S
94 COOPERATIVE AGREEMENT
2024 ALICIA PARKWAY RTSSP PROJECT

ATTACHMENT B

ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH
Pl O&M Pl O&M Pl O&M
City of $268,999.00 $14,240.00 $5,980.00 $10,200.00 $274,979.00 $24,440.00 Mission
Viejo $283,239.00 $16,180.00 $299,419.00
*In-kind match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.

SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match

AGENCY FUNDING SOURCE AMOUNT OF CASH

DISTRIBUTION
City of Mission Viejo General Funds $283,239.00
B. In-Kind Services
i. Specific Improvements (List Items and Cost):

AGENCY IMPROVEMENT DATE OF EXPENDITURE CONSTRUCTION
N/A
TOTAL FOR SPECIFIC IMPROVEMENTS (i): N/A
ii. Staffing Commitment:

FULLY
AGENCY STAFF TYPE OF SERVICE NO.OF BURDENED TOTAL** POSITION TO PROJECT HOURS HOURLY RATE
Project Adm in,
Signal Timing &
City of Traffic Engineer Design Review, 60 $100 $6,000.00 Mission Implementation &
Viejo Operation
Project Ad min, Transportation
Analyst Signal Timing & 60 $70 $4,200.00
Design Review,
95 Implementation &
Operation
PW Inspector Project Inspection 24 $90 $2,160.00
Traffic Systems Signal Timing,
Specialist Design Review, 16 $115 $1,840.00
(On-Call Team) Implementation &
Operations
Information
Technology System Integration 12 $100 $1,200.00
Manager
Information
Technology System Integration 12 $65 $780.00
Specialist
Total for City of Mission Viejo: $16,180.00
**Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency 's actual fully burdened billing rates, which must collectively equal the same value of the assigned ''Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. 96 City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, City Engineer

SUBJECT: AWARD CONTRACT TO GMU ENGINEERS & GEOLOGISTS FOR ON-

CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
______________________________________________________________________

Recommended Action:

1. Award a contract to GMU Engineers & Geologists , Inc. (GMU) to perform geotechnical and materials testing services; and

2. Authorize the City Manager to execute a professional services contract with GMU for an amount not to exceed $200,000.

Fiscal Impact:

Fiscal impact for these services will be included within the budget of the capital improvement project (CIP) or paid by utility companies or developers for plan review and/or inspection.

Background:

The City’s Capital Improvement Program includes street rehabilitation projects that focus on improving roadway conditions and extending the overall lifespan of the street network.

These street rehabilitation projects require geotechnical or materials testing during construction to ensure proper performance and compliance with engineering standards.

In addition, the City adopted a Quality Assurance Program (QAP) approved by Caltrans that will be utilized for any state or federally funded project. The QAP outlines when testing is required.

A request for proposal (RFP) was issued for on-call geotechnical and materials testing services on April 9, 2026, and was advertised on the City website. On April 29, 2026, staff received four (4) proposals for the requested services. Staff reviewed the proposals for their ability to perform the service, ability to m eet time requirements, reference checks, and reasonableness of cost.

97 Staff ranked the firms as follows:

1. GMU Engineers & Geologists, Inc.

2. MTGL

3. AESCO

4. TGR

Discussion:

Staff requires a consultant capable of performing geotechnical or materials testing services to ensure construction is in compliance with the contract documents. This is particularly important for state or federally funded projects which will use the QAP.

Without proper documentation of materials being installed, it is possible that the costs would not be reimbursed by the grant program.

Staff recommends GMU to perform the geotechnical and materials testing services because of their experience in providing such servic es for the other cities in southern California including Laguna Niguel, Rancho Santa Margarita, Dana Point, and Newport Beach. The GMU staff are familiar with Aliso Viejo by being the current on -call geotechnical consultant. The City will also select MTGL and award a separate contract with MTGL for this service as a back-up in the event there is a potential conflict of interest for any project.

GMU will provide the requested services as needed for upcoming capital improvement or development projects for approximately $ 200,000 through fiscal year 2028 -29.

Geotechnical and Material Testing can range between $20,000 to $30,000 for each project depending on the complexity of the project. The City currently averages up to two street projects each fiscal year. GMU will also be used to perform material testing for utility work, which will be paid through deposit accounts funded by the utility company.

The initial term of the contract will be from July 1, 2026, through June 30, 2029. The City has the option to renew the Agreement for two (2) additional one-year terms.

Attachment:

1. Contract with GMU

98 60367.01100\33488377.1

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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 2026, by and between the City of Aliso Viejo, a municipal corporation 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 GMU Engineers & Geologists, a corporation, with its principal place of business at 30336 Esperanza, Rancho Santa Margarita, CA 92688 (“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 Geotechnical and Material Testing 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 Geotechnical and Material Testing 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 On -Call Geotechnical and Material Testing 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 Geotechnical and Material Testing consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2029, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than tw o additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 99 60367.01100\33488377.1

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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. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.

Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services.

3.2.2.1 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 manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
100
60367.01100\33488377.1

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3.2.2.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director/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 Rogier Schlierkamp, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional 101
60367.01100\33488377.1

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calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to s uch laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

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

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the 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 102
60367.01100\33488377.1

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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: (if necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(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.
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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 of Aliso Viejo , 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 written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
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3.2.10.4 Primary and Non- Contributing Insurance . All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

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

3.2.10.10 Insurance for Subconsultants . All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
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3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where 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 exceed Two Hundred Thousand Dollars ($200,000.00) (“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.

3.3.2 Payment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non- disputed and approved charges thereon.

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

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

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

3.3.5 Prevailing Wages; DIR Registration.

3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 106
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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. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. 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.

3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

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. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
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3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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

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

Consultant:

GMU Engineers & Geologists
30336 Esperanza,
Rancho Santa Margarita, CA 92688

City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Shaun Pelletier, Public Works Department
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 pre pared 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, 108
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provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

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

3.5.4 Fraud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this 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 Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

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

3.5.6 Attorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 109
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Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.7 Indemnification.

3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City .

Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

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

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

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

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

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 110
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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority 111
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Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

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

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

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ALISO VIEJO AND GMU ENGINEERS & GEOLOGISTS

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2026.

CITY OF ALISO VIEJO

Approved:

By:

Brett Channing
City Manager

ATTEST:

By: _______________________________
Maria Ruano-Kendig
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services

GMU ENGINEERS & GEOLOGISTS

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

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CITY OF ALISO VIEJO

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

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO. 114
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CITY OF ALISO VIEJO

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

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

Name of Business Print Name

Signature

Date

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A-1

EXHIBIT “A”

SCOPE OF SERVICES

1. GENERAL
The Consultant shall furnish all labor and equipment to perform geotechnical and materials testing services with the primary purpose to ensure that projects are constructed in conformance with the construction documents and applicable codes and regulations.

2. QUALIFICATIONS
The Consultant shall have the capability to verify construction projects are in compliance with contract documents and plans, standard drawings, Standard Specifications for Public Works Construction (Greenbook), and Caltrans Specifications.

Must be familiar with Caltrans Quality Assurance Program (QAP) and be capable of implementing the City adopted QAP included as Attachment 1. Consultant shall also have the capability to prepare design recommendations, specifications, and/or plans for City Capital Improvement Program (CIP) projects.

3. SCOPE OF WORK
a. Conduct on-site and/or plant sampling and testing of materials to ensure compliance with the contract documents and QAP, or as directed by the inspector. b. Coordination with the inspector and contractor to discuss work activities and determine what sampling and testing is required.
c. Anticipate, investigate, and promptly notify inspector and contractor of all defects or deficiencies in the materials being tested.
d. Prepare reports in accordance with the QAP that document the testing performed, and provide construction observation reports noting equipment used on the site, and materials delivered.
e. Review and provide a recommendation for contractor’s request for change proposal as it relates to materials.
f. Obtain and review materials certificates of compliance. g. Review material submittals
h. Provide an Independent Assurance Program in accordance with the QAP. i. Perform geotechnical plan checking and report reviews. j. Prepare design recommendations, specifications, plans, and other contract documents as required for City CIP projects.

4. RECORDS
a. Prepare a record of the progress of the construction project by maintaining observation reports, acceptance testing results, and testing summary logs. b. Equipment calibration records shall be current and in accordance with the National Institute of Standards and Technology.
c. Provide all records in a timely manner as indicated in the QAP or requested by the inspector.
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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, 2029 to June 30, 2030. The second renewal period shall be from July 1, 2030 to June 30, 2031.
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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-Long Beach-Anaheim up to a maximum percentage of five percent (5%).

118

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

1 of 8

PURPOSE

To establish Policy and procedures for the prev ention and detection of fraud and other related dishonest activities against th e City and, when appropriate, to pursue legal remedies available under the law.

This Policy has been established to ensure that elected officials, officers, employees, and members of advisory boards, commissions and committees of the City of Alis o Viejo are aware of the following:

1. Acts that are considered to be fraudulent;

2. Procedures for reporting suspected fraudulent acts;

3. Steps to be taken when fraud or other rela ted dishonest activities are suspected; and

4. Consequences to expect when a dishonest act is reported.

Further, this Policy delineates management’s responsibility for instituting and maintaining a system of internal control to prevent and detect fraud, misappropriations and other irregularities, and to be alert for any indications of such misconduct.

POLICY

1. GENERAL

The City of Aliso Viejo is committed to protecting its assets against the risk of loss or misuse.

Accordingly, it is the policy of the City to identify and promptly investig ate any possibility of fraudulent or related dishonest ac tivities against the City and, w hen appropriate, to pursue legal remedies available under law.

2. DEFINITIONS

a. Fraud
– Fraud and other similar irregularities including, but not limited to:

i. claim for reimbursement of expenses that are not job-related or authorized by current policy;

ii. forgery or unauthorized alteration of doc uments (checks, time sheets, independent contractor agreements, purchase orders, budgets, etc.); 119

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

2 of 8

iii. misappropriation of City assets (funds, securi ties, supplies, furniture, equipment, etc.);

iv. improprieties in the handling or reporting of money or financial transactions;

v. authorizing or receiving payment for goods not received or services not performed;

vi. computer-related activity involving unauthor ized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software;

vii. misrepresentation of information on documents;

viii. any violation of Federal, State, or Local laws related to dishonest activities or fraud;

ix. seeking or accepting anything of material value from those doing business with the City, including vendors, consultants, contract ors, lessees, applicants, and grantees.

Materiality is determined by t he City’s Conflict of Interest Code, which incorporates the Fair Political Practices Commission’s regulations;

x. obtaining profit or personal ga in as a result of “insider” knowledge of City activities;

xi. disclosing confidential and proprietary information to outside parties; or

xii. Intentional, false representation or concealment of material fact for the purpose of personal gain.

b. Employee
– Any individual or group of individuals who receive co mpensation, either full or part-time, from the City of Alis o Viejo for employment or prov iding services. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as cons ultants, vendors, contra ctors, outside agencies and/or any other parties with a business relationship with the City of Aliso Viejo.

c. Official
- Elected officials, officers, and me mbers of advisory or appointed boards, commissions and committees.

d. Management – Any administrator, manager, director , supervisor, or other individual who manages or supervises funds or other resources, including human resources.

120

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

3 of 8
e. Internal Auditor – Any person or persons assigned by the City Manager to investigate any fraud or similar activity.

f. External Auditor – Independent audit prof essionals who perform annual audits of the City’s financial statements.

3. INVESTIGATION

a. It is the City’s intent to fu lly investigate any suspected acts of fraud. An objective and impartial investigation will be conducted regardless of the posit ion, title, length of service or relationship with the City of any party who mi ght be or become involv ed in or becomes the subject of such investigation.

b. Each department of the Ci ty is responsible for institut ing and maintain ing a system of internal control to provide r easonable assurance for the prev ention and detection of fraud.

Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.

c. The Internal Auditor, in conjunction with the City Attorney, has the primary responsibility for the investigation of fraud.

d. Throughout the investigation, the Internal Auditor will info rm the City Manager of pertinent investigative findings.

e. Employees will be gr anted “whistle-blower protection,” as described below when acting in accordance with this Policy. When informed of suspected fraud, neither the City nor any person acting on behalf of the City shall:

i. dismiss or threaten to dismiss the Employee reporting the suspected fraud;

ii. discipline, suspend, or th reaten to discipline or sus pend the Employee reporting the suspected fraud;

iii. impose any penalty upon the Employee reporting the suspected fraud, or;

iv. intimidate or coerce the Employ ee reporting the suspected fraud.

121

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

4 of 8
Violations of these “whistle-blower protections” may result in discipline up to and including dismissal.

f. Upon conclusion of the investigation, the results will be reported to the City Manager.

g. The City Manager, following review of investi gation results, will take appropriate disciplinary action regarding Employee misconduct. Discipl inary action can include termination of employment or a contract, and referral of the case to the District Attorney’s Office for possible prosecution.

h. The City will pursue every r easonable effort, including court or dered restitution, to obtain recovery of City losses from the offender, or other appropriate sources.

PROCEDURE

1. RESPONSIBILITIES OF OFFICIALS

a. If an Official has reason to su spect that a fraud has occurred, he or she shall immediately contact the City Manager.

b. An Official shall not attempt to investi gate the suspected fraud or discuss the matter with anyone other than the City Manager.

c. The alleged fraud or audit in vestigation shall not be di scussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Internal Auditor.

2. MANAGEMENT RESPONSIBILITIES

a. Management is responsible for detecting, pr eventing and reporting frau d in their areas of responsibility.

b. Each manager should be familiar with the types of fraud t hat might occur in his or her area and be alert for any indication that fraud is or was in existence in his or her area.

c. When fraud is detected or suspected, M anagement should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity.

122

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

5 of 8
d. If Management determines a suspected activity may involve fraud, they should contact their immediate supervisor. In the event the acti vity involves the immediate supervisor, the activity should be reported to the Department Director.

e. Upon being notified of su spected fraud, Department Direc tors shall inform the City Manager.

f. Management should not attempt to conduct in dividual investigations, interviews, or interrogations. However, Management is re sponsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrences of fraud.

g. Management shall cooperate fully with the Inte rnal Auditor, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of fraud, including the prosecution of offenders.

h. Management will have full and unrestricted access to all necessary records and personnel.

All City furniture and c ontents, including desks and computer s, are open to inspection at any time. There is no assumption of privacy.

i. In dealing with suspected fr aud, great care must be taken. Management should not:

i. make accusations;

ii. alert individuals suspected of committi ng fraud that an investigation is underway;

iii. treat individuals suspected of committing fraud unfairly, or;

iv. make statements that could lead to claims of false accusations or other offenses.

j. In handling suspected fraud activities , Management has the responsibility to:

i. make no contact (unless requested) with the individual suspected of committing fraud to determine facts or demand restitution. U nder no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.;

ii. avoid discussing the case, fa cts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney;

123

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

6 of 8
iii. avoid discussing the case with anyone in side the City other than the City Manager, Internal Auditor, or City Attorney or law enforcement personnel;

iv. direct all inquiries from the individual suspected of co mmitting fraud, or his or her representative, to the City M anager or City Attorney. All inquiries by an attorney representing the individual suspected of committing fraud should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager, and;

v. take appropriate corrective and disciplinar y action, up to and including dismissal, if authorized by and in conformance with the City’s personnel policies.

3. EMPLOYEE RESPONSIBILITIES

a. Employees should report detected or sus pected fraud to the Employee’s supervisor.

b. In the event the suspected fraud involves the Employee’s immediate supervisor, the Employee shall make the report directly to the next higher level of Management and/or the City Manager.

c. The reporting Employee shall refr ain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Internal Auditor, City Attorney, or law enforcement personnel.

4. INTERNAL AUDITOR RESPONSIBILITIES

a. Upon assignment by the City Manager, the Inte rnal Auditor will promptly investigate the fraud.

b. In all circumstances wher e there appears to be reasonable gr ounds for suspecting that a fraud has taken place, the Internal Auditor, in consultation with the City Attorney, will contact appropriate law enforcement personnel.

c. The Internal Auditor shall be available and receptive to receiving relevant, confidential information to the extent allowed by law.

d. If evidence is uncovered showing possible fraud, the Internal Auditor will proceed as follows:

124

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

7 of 8
i. discuss the findings with Management and t he City Manager to dete rmine if disciplinary actions should be taken;

ii. report to the External Audito r such activities in order to assess the effect of the fraud activity on the City’s financial statements;

iii. coordinate with Managem ent regarding notification to insurers and filing of insurance claims;

iv. take immediate action, in consultation wit h the City Attorney, to prevent the theft, alteration, or destruction of evidentiary record s. Such action shall include, but is not limited to:

(A) removing the records and placing them in a secure location, or limiting access to the location where the records currently exist, and;

(B) preventing the individual suspected of committing the fraud from having access to the records.

e. In consultation with the City Attorney and appropriate law enforcement personnel, the Internal Auditor may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation.

f. If the Internal Auditor is contacted by the media regar ding an alleged fraud or investigation, the Internal Auditor will direct all inquiries to the City Manager.

g. At the conclusion of the in vestigation, the Internal Audito r will document the results in a confidential memorandum report to the City Manager and the City Attorney. If the report concludes that the allegations are supported by evidence, the report will be forwarded to appropriate law enforcement personnel.

h. Unless exceptional circumstances exist, a per son under investigation for fraud is to be given notice in writing of essent ial particulars of t he allegations following the conclusion of the investigation. Where not ice is given, the person agains t whom allegations are being made may submit a written expl anation to the Internal Auditor no later than seven (7) calendar days after notice is received.

i. The Internal Auditor shall make recomm endations to the appropria te department for 125

City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY

RES. NO.

2005-
056
POLICY NO.

400-15
EFF. DATE

10/01/2008
PAGE

8 of 8
assistance in the prevention of future similar occurrences.

j. Upon completion of the investigation, includ ing all legal and personnel actions, all records, documents, and other evidentiary materi al, obtained from the department under investigation will be returned by the Internal Auditor to that department.

DISCIPLINARY ACTIONS

Any Employee found to be responsible for fraud or who knowingly makes false allegations in violation of this Policy shall be subject to a ppropriate disciplinary action, up to and including termination of employment and/or te rmination of the contract. Th e severity of the disciplinary action will be based upon the circumstances of t he violation and in accordance with the City’s personnel policies. The City will assess any re medial measures necessary to address and correct the circumstance and pr event reoccurrence in the futu re. Remedial measures may include, but are not limited to , disciplinary action, reorganizati on of personnel, training and education, counseling and/or other employee assistance.

EXCEPTIONS

There will be no exceptions to this Policy unle ss provided and approved by the City Manager and the City Attorney.

126

City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, City Engineer

SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH NV5, INC. FOR

CONSTRUCTION INSPECTION SERVICES
______________________________________________________________________

Recommended Actions:

1. Approve a second amendment to the agreement with NV5, Inc. to perform construction inspection services that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $ 360,000 for a total contract amount of $660,000; and

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

Fiscal Impact:

Fiscal impact for these services will be included within the budget of the capital improvement project (CIP) or paid by utility companies or developers for inspection.

Background:

The City has several CIP projects budgeted for construction in fiscal year (FY) 2026-27.

Inspection services are required to ensure the projects are constructed in conformance with the construction documents and applicable codes and regulations, completed within contractual time requirements, and completed within the limits of the budget. In FY 2026- 27, the City anticipates using the services of NV5, Inc. for inspection services of several street projects, including completion of the Cedarbrook and Aliso Viejo Parkway street rehabilitation project, Citywide bike lane improvements, two slurry seal projects and a future street rehabilitation project on Columbia. Inspection services typically average around $60,000 per project, depending on project scope and construction duration.

Additionally, NV5, Inc. will be used to cover the inspection needed for the upcoming fiber installation work being proposed by Cityside fiber throughout the entire City.

Discussion:

NV5, Inc. has provided construction inspection services for the City since 2012 as CivilSource, Inc. In 2016, CivilSource, Inc. was acquired by NV5, Inc. 127

Page 2 of 2 ends

A request for proposals (RFP) was issued for construction inspection services on March 23, 2022. The initial term of the contract was from July 1, 2022 through June 30, 2025.

The first contract amendment extended the term of the ag reement an additional year through June 30, 2026 . This second contract amendment will increase the total compensation under the agreement by $360,000 for a total contract amount of $660,000 and extend the term of the agreement through June 30, 2027. This is the final renewal under the current contract.

Attachment:

1. Second Amendment to Agreement with NV5, Inc.

128
60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

SECOND AMENDMENT TO

CONSTRUCTION INSPECTION SERVICES

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement for Construction Inspection Services (“Second Amendment”) is entered into on the ____ day of ________, 2026, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and NV5 , Inc. (hereinafter referred to as the “Consultant ”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Construction Inspection Services dated June 1 2022 (“Agreement”).

2.2 First Amendment. The Parties amend ed the Agreement in order to renew the Agreement for an additional one-year term.

2.3 Second Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and increase the total compensation amount by $360,000.00.

3. TERMS.

3.1 Term.

Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the term of the Agreement for one year from July 1, 2026 to June 30, 2027 , unless earlier terminated as provided in the Agreement.

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement, the First Amendment and this Second Amendment shall not exceed Six Hundred Sixty Thousand Dollars ($660,000.00) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Second Amendment at the rates set forth in Exhibit “B” attached hereto.

3.3 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve -month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Second Amendment.
129
60367.01100\33489405.1

- 2 -

3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

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

3.6 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
130
60367.01100\33489405.1

- 3 -

SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES BETWEEN THE CITY OF ALISO VIEJO AND NV5, INC.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this ____ day of __________, 2026.

CITY OF ALISO VIEJO

Approved:

By:

Brett Channing
City Manager

ATTEST:

By: _______________________________
Maria Ruano-Kendig
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
NV5, INC.

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

131
60367.01100\33489405.1

- 4 -

CITY OF ALISO VIEJO

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

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
132
60367.01100\33489405.1

- 5 -

CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

133
60367.01100\33489405.1

A-1

EXHIBIT “A”

TO SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION

SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Construction Inspection Services, dated June 1, 2022. 134
60367.01100\33489405.1

B-1

EXHIBIT “B”

TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

CONSTRUCTION INSPECTION SERVICES

COMPENSATION

See attached.
135
Fee Schedule
CONSTRUCTION SERVICES HOURLY RATE**
Project/Construction Manager $177.45
Construction Inspector (Prevailing Wage)* $144.18
Construction Administration $99.80

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Automobile Transportation per IRS standard
Delivery, Freight, Courier Cost
Agency Fees Cost
Commercial Travel Cost
* Assumes prevailing wages are applicable for field work. ** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate. 136

City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, City Engineer

SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH NV5, INC. FOR ON-

CALL CIVIL ENGINEERING SERVICES
______________________________________________________________________

Recommended Actions:

1. Approve a first amendment to the agreement with NV5, Inc. to perform on-call civil engineering services that renews the agreement for an additional one -year term and increases the total compensation under the agreement by $50,000 for a total contract amount of $100,000; and

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

Fiscal Impact:

Fiscal impact for these services will be included within the budget of the capital improvement project (CIP) or paid by utility companies or developers for plan check services.

Background:

The City utilizes on-call civil engineering services to prepare plans, specifications, and estimates for various capital improvement projects, which may consist of road rehabilitation, median improvements, and facility improvements. In addition to this, the on-call civil engineering firm may provide plan checking and general municipal engineering services on an as-needed basis.

Discussion:

NV5, Inc. has provided on-call civil engineering for the City since July 2023. They have been used primarily for grading plan check reviews. For FY26-27 NV5, Inc. will perform plan check reviews for the submittal of encroachment permits by Cityside Fiber for their 137

Page 2 of 2 ends

citywide deployment of fiber infrastructure . Cityside Fiber will deposit funds to pay for plan check services related to their permits.

A request for proposal s (RFP) was issued for on-call civil engineering services on February 16, 2023. The initial term of the contract was from July 1, 202 3 through June 30, 2026. This first contract amendment will increase the total compensation under the agreement by $50,000 for a total contract amount of $100,000 and extend the term of the agreement to June 30, 202 7. There will be one additional one year term extension remaining in the contract after this amendment.

Attachment:

1. First Amendment to Agreement with NV5, Inc.

138
60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

FIRST AMENDMENT TO

ON-CALL CIVIL ENGINEERING SERVICES

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement for On-Call Civil Engineering Services (“First Amendment”) is entered into on the ____ day of ________, 2026, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and NV5 , Inc. (hereinafter referred to as the “Consultant ”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for On-Call Civil Engineering Services dated June 1 2022 (“Agreement”).

2.2 First Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and increase the total compensation amount by $50,000.

3. TERMS.

3.1 Term.

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement and this First Amendment shall not exceed One Hundred Thousand Dollars ($100,000.00) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this First Amendment at the rates set forth in Exhibit “B” attached hereto.

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

From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 139
60367.01100\33489405.1

- 2 -

3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
140
60367.01100\33489405.1

- 3 -

SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR ON-CALL CIVIL ENGINEERING SERVICES BETWEEN THE CITY OF ALISO VIEJO AND NV5, INC.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of __________, 2026.

CITY OF ALISO VIEJO

Approved:

By:

Brett Channing
City Manager

ATTEST:

By: _______________________________
Maria Ruano-Kendig
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
NV5, INC.

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

141
60367.01100\33489405.1

- 4 -

CITY OF ALISO VIEJO

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

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
142
60367.01100\33489405.1

- 5 -

CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

143
60367.01100\33489405.1

A-1

EXHIBIT “A”

TO FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CIVIL ENGINEERING

SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for On-Call Civil Engineering Services, dated September 6, 2023. 144
60367.01100\33489405.1

B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ON-

CALL CIVIL ENGINEERING SERVICES

COMPENSATION

See attached.
145
ENGINEERING SERVICES HOURLY RATE**
Principal $247.68
Project Director $237.36
Senior Project Manager $227.04
Project Manager $206.40
Quality Assurance Manager $206.40
Traffic Engineer $232.20
Senior Structural Engineer $216.72
Structural Engineer $180.60
Senior Engineer $180.60
Project Engineer $139.32
Assistant Engineer $113.52
Engineering Technician $108.36
CADD Drafter $108.36
Administration $92.88
MUNICIPAL SERVICES HOURLY RATE**
Principal $247.68
Program/Project Director $237.36
Senior Project Manager $227.04
Project Manager $206.40
City Engineer $196.08
Assistant Project Manager $180.60
Plan Check Engineer III $190.92
Plan Check Engineer II $165.12
Plan Check Engineer I $139.32
Public Works Technician $92.88
Permit Technician $92.88
LANDSCAPE ARCHITECTURE HOURLY RATE**
Project Manager/Senior Landscape Architect $163.06
Landscape Architect $136.22
Landscape Designer $90.82
SURVEY SERVICES HOURLY RATE**
Principal $283.80
Associate $254.90
Manager $243.55
Senior Engineer/Planner/Scientist/Surveyor $189.89
Associate Engineer/Planner/Scientist/Surveyor $173.38
Assistant Engineer/Planner/Scientist/Surveyor $153.77
Junior Engineer/Planner/Scientist/Surveyor $135.19
Design Supervisor $168.22
Sr. CADD Technician/Designer $165.12
CADD Technician III $153.77
CADD Technician II $130.03
CADD Technician I $118.68
Cost Proposal
146
Cost Proposal
GIS Analyst $153.77
GIS Technician I $113.52
Project Administrator $113.52
Project Assistant $98.04
Engineering Aide/Planning Aide $91.85
1-Person Survey Crew* $190.92
2-Person Survey Crew* $325.08
3-Person Survey Crew* $397.32
ENVIRONMENTAL TECHNICAL SERVICES HOURLY RATE**
Principal Technical Manager $232.20
Senior Project Manager III (Project Manager III) $216.72 Senior II (Project Manager II) $206.40
Senior I (Project Manager I) $196.08
Staff III (Engineer/Scientist III) $185.76
Staff II (Engineer/Scientist II) $175.44
Staff I (Engineer/Scientist I) $165.12
Associate III (Engineer/Scientist III) $149.64
Associate II (Engineer/Scientist II) $139.32
Associate I (Engineer/Scientist I) $134.16
Specialist III (Environmental Specialist III ) $118.68
Specialist II (Environmental Specialist II ) $103.20
Specialist I (Environmental Specialist I ) $98.04
Financial Analyst II (Project Accountant/Analyst) $108.36 Administrative I $77.40
Intern (Data Analyst) $72.24

REIMBURSABLE EXPENSES COST
Field Vehicles $103.20/day
Reproduction Cost
Consultant Services Cost
Delivery, Freight, Courier Cost
Agency Fees Cost
Commercial Travel Cost
* Assumes prevailing wages are applicable for field work. ** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate. 147

City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, City Engineer

SUBJECT: THIRD AMENDMENT TO THE AGREEMENT WITH NIEVES
LANDSCAPE, LLC. FOR LANDSCAPE MAINTENANCE SERVICES

______________________________________________________________________

Recommended Actions:

1. Approve a third amendment to the agreement with Nieves Landscape, LLC to perform landscape maintenance services that renews the agreement for an additional five- year term and increases the total compensation under the agreement by $ 1,090,000 total contract amount of $2,180,000; and

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

Fiscal Impact:

The contractor fee for this work is estimated at approximately $ 197,000 for fiscal year (FY) 20 26-27. An additional $ 10,000 is budgeted for extra work. Landscape maintenance is funded through the General Fund , Gas Tax, Aliso Viejo Center, and Aquatic Center Funds. Sufficient funding will be included in the FY 2026-27 Budget.

Background:

The City of Aliso Viejo maintains landscaping at six City owned facilities: City Hall, Iglesia Park, AV Center, Aquatic Center, Vista Park, and AV Ranch. The City also maintains the street medians in Aliso Creek Road, Pacific Park Drive, and Calle Cortez.

Amenities maintained at the various facilities include tot lots and play equipment, sport courts and ball fields, parking lots, walkways and passive park areas, and picnic areas.

Landscape features maintained include turf areas, shrubs and planters, and a variety of trees. The maintenance of irrigation systems, rodent control, and pest control is also necessary. The general performance criteria are:

 Turf areas shall be mowed, edged, watered, weeded, fertilized, with rodents and pests controlled to provide a healthy appearance.
148

Page 2 of 3 ends

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

A request fo r proposal (RFP) was issued for landscape maintenance services and advertised on the City website on March 8, 2021, and was awarded to Nieves Landscape, Inc. on May 5, 2021, for an initial term of three years beginning July 1, 2021 through June 30, 2024. The first contract amendment extended the term one year through June 30, 2025, and increased the total compensation under the agreement by $200,000 for a total contract amount of $890,000. The second contract amendment extended the term one year through June 30, 2026, and increased the total compensation under the agreement by $200,000 for a total contract amount of $1,090,000. Nieves Landscape has formally changed its business name from Nieves Landscape Inc. to Nieves Landscape, LLC.

Discussion:

Pursuant to Section 5.4 of the City’s purchasing policy (Policy 300 -1), “To ensure that the City is receiving the most qualified professional services at a competitive rate, the term for contracts for professional services shall not exceed five (5) years and th e RFP procedures set forth in this section shall be initiated every five (5) years for professional services unless the City Manager determines that compliance with said RFP procedures is not in the best interest of the City.”

Nieves Landscape, LLC is proposing a five-year extension to the existing contract through June 30, 2031 . Each year, the cost will be adjusted in accordance with the annual average Consumer Price Index of the prior calendar year, All Urban Consumers, Los Angeles-Long Beach-Anaheim, up to a maximum percentage of five percent (5%). As part of the third amendment, the total compensation limit will be increased by $1,090,000 for a total compensation amount not to exceed $2,180,000.

A survey of recent landscape maintenance solicitations in the region found that contracts resulted in increases of up to 15%. Based on these findings, staff believes that extending the existing Nieves Landscape, LLC contract for the proposed five-year term would yield significant cost savings and, thus, be in the best interest of the City. Moreover, staff has been very satisfied with the services provided by Nieves Landscape, LLC over the term of the current agreement. Therefore, staff believes it is in the best interest of the City to extend the current agreement with Nieves in lieu of going out to a new Request for Proposals (RFP). However, if the City Council desires, staff could issue a new RFP. It should just be noted that doing so would likely result in higher rates and costs to the City.

Attachment:
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Page 3 of 3 ends

1. Third Amendment to Agreement with Nieves Landscape, LLC.

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CITY OF ALISO VIEJO

THIRD AMENDMENT TO

LANDSCAPE MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement for Landscape Maintenance Services (“Third Amendment”) is entered into on the ____ day of ________, 2026, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Nieves Landscape, LLC (hereinafter referred to as the “Contractor”). City and Contractor are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Landscape Maintenance Services dated May 5, 2021 (“Agreement”).

2.2 First Amendment. The Parties amend ed the Agreement in order to renew the Agreement for an additional one -year term and to increase the total compensation under the Agreement by Two Hundred Thousand Dollars ($200,000.00).

2.3 Second Amendment. The Parties amended the Agreement in order to renew the Agreement for an additional one -year term and to increase the total compensation under the Agreement by Two Hundred Thousand Dollars ($200,000.00).

2.4 Third Amendment. The parties now desire to amend the agreement in order to renew the agreement for an additional five-year term and to increase the total compensation under the Agreement by One Million Ninety Thousand Dollars and Zero Cents ($ 1,090,000.00) and accommodate the Contractor’s firm name change from “ Nieves Landscape, Inc.” to “ Nieves Landscape, LLC”.

3. TERMS.

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

“3.1.2 Term. The term of this Agreement shall be f rom July 1, 2026 to June 30, 2031, 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 one additional two-year term. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement, the First Amendment, the Second Amendment, and this Third Amendment shall not exceed Two Million One Hundred Eighty Thousand Dollars ($2,180,000.00) without written approval of the City 151
60367.01100\33489405.1

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Manager. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Third Amendment at the rates set forth in Exhibit “B” attached hereto.

3.3 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Contractor shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve -month period by the Contractor and all of their employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Third Amendment.

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

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

3.6 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
152
60367.01100\33489405.1

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SIGNATURE PAGE FOR THIRD AMENDMENT TO PROFESSIONAL SERVICES

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

IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement on this ____ day of __________, 2026.

CITY OF ALISO VIEJO

Approved:

By:

Brett Channing
City Manager

ATTEST:

By: _______________________________
Maria Ruano-Kendig
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
NIEVES LANDSCAPE, LLC.

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

153
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CITY OF ALISO VIEJO

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

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
154
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CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

155
60367.01100\33489405.1

A-1

EXHIBIT “A”

TO THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE MAINTENANCE

SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Landscape Maintenance Services, dated May 5, 2021.
156
60367.01100\33489405.1

B-1

EXHIBIT “B”

TO THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

LANDSCAPE MAINTENANCE SERVICES

COMPENSATION

See attached.
157

Quang Le May 12, 2026
Associate Engineer
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656

Re: Landscape Maintenance Services Agreement FY 2026-2031

Dear Quang,
Thank you for the many years of partnership between the City of Aliso Viejo and Nieves Landscape. We sincerely value our working relationship and appreciate the opportunity to continue serving the City.

As we move through the current term of our landscape maintenance agreement, we respectfully request consideration of a contract extension along with a rate adjustment for the upcoming year.

In recent years, we have experienced substantial increases in operating costs, including insurance, workers’ compensation, fuel, materials, equipment, and wages. These rising expenses have significantly impacted our ability to maintain current service levels without adjustment.

To help offset these costs while continuing to provide flexibility, we have identified potential service modifications for the extension period following discussions with Mike Lopez:
• Elimination of the current turf “renovation” process while continuing to include turf dethatching and aeration as part of the contract. In lieu of the turf “renovation” process, the turf areas would be treated with turf dye during dormancy periods and as needed to maintain a green appearance.
• Adjustment of mulch applications to maintain an approximate 2-inch depth.

Looking ahead, we propose a structured approach for the next five years (FY 2026 –2027 through FY 2030–2031) for your review and consideration:
• Maintain the adjusted monthly rate in conjunction with the service modifications noted above. • Implement an annual CPI-based adjustment tied to the prior calendar year, capped at 5%.

For Fiscal Year 2026–2027, effective July 1, we propose a 3.2% CPI-based increase (based on the 2025 annual average CPI), resulting in the following:
• Current FY 2025–2026 Rate: $15,837.84 per month
• Proposed FY 2026–2027 Rate: $16,344.65 per month
• Monthly Increase: $506.81
• Annual Increase: $6,081.72

158

For context, contracts of similar scope that have recently gone out to bid or RFP have experienced increases of 30% or more, with neighboring cities seeing similar upward adjustments. Our goal is to provide cost stability and continuity of service while re maining competitive in a challenging market.

We remain committed to working collaboratively with the City of Aliso Viejo to develop solutions that are both fiscally responsible and operationally effective, while continuing to deliver the high level of service you expect.

We would welcome the opportunity to discuss this proposal further and are happy to meet at your convenience.

Thank you again for your continued trust and partnership. Please feel free to contact us with any questions or to request additional information.

Respectfully submitted,

Joshua Cho
Business Development
NIEVES LANDSCAPE, LLC.
159

City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, City Engineer

SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH GREAT SCOTT TREE SERVICES, INC. FOR TREE MAINTENANCE SERVICES

______________________________________________________________________

Recommended Actions:

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

Fiscal Impact:

For the past five years, the City has spent an average of $25,000 annually for regular and emergency tree maintenance services, such as tree trimming, planting, and removal. Tree maintenance is budgeted annually and funded through the General , Gas Tax, Aqu atic Center, and Aliso Viejo Center Funds.

Background:

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

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

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Page 2 of 2 ends

Discussion:

A request for proposal (RFP) for tree maintenance services was issued and advertised on the City’s website on March 8, 2021 . The contract was awarded to Great Scott Tree Services, Inc. on May 5, 2021 , for an initial term of three years , July 1, 2021 , through June 30, 2024 , for a total compensation amount of $126,000 . The first contract amendment renewed the agreement for an additional two-year term through June 30, 2026, increased in rates above the CPI amount due to increases in fuel, inflation, and a higher wage rate determination for the tree trimmer classification, and increased contract compensation to $176,000.

Pursuant to Section 5.4 of the City’s purchasing policy (Policy 300 -1), “To ensure that the City is receiving the most qualified professional services at a competitive rate, the term for contracts for professional services shall not exceed five (5) years and the RFP procedures set forth in this section shall be initiated eve ry five (5) years for professional services unless the City Manager determines that compliance with said RFP procedures is not in the best interest of the City.”

Due to further increases in the prevailing wage rate for the tree trimmer classification this past year, Great Scott Tree Service is proposing to renew the existing contract for three additional years through June 30, 2029 with a 3.2% unit rate increase for FY 2026-27 and rates in subsequent years would be adjusted annually based on the Consumer Price Index (CPI) for All Urban Consumers (Los Angeles–Long Beach–Anaheim), capped at a maximum of 5% per year. Since the start of the contract in Ju ly 2021, approximately $127,000 has been expended and therefore, an additional $ 101,000 is needed through June 30, 2029, for a total compensation amount not to exceed $277,000.

A survey of recent tree maintenance solicitations in the region found that new contracts resulted in increases between 36%-70%. Based on these findings, staff believes that extending the existing Great Scott Tree Service contract for the proposed three-year term would yield cost savings. Conversely, issuing a new Request for Proposals (RFP) would likely result in higher tree trimming rates.

Attachment:

1. Second Amendment to Agreement with Great Scott Tree Service, Inc.

161
60367.01100\33489405.1

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CITY OF ALISO VIEJO

SECOND AMENDMENT TO

TREE MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement for Tree Maintenance Services (“Second Amendment”) is entered into on the ____ day of ________, 2026, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Great Scott Tree Service, Inc. (hereinafter referred to as the “ Contractor”). City and Contractor are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Tree Maintenance Services dated May 5, 2021 (“Agreement”).

2.2 First Amendment. The Parties amended the Agreement in order to renew the Agreement for an additional two-year term, increase the total compensation under the Agreement by Fifty Thousand Dollars ($50,000.00) , and amended the contractor compensation rates for FY24-26.

2.3 Second Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional three-year term, increase the total compensation under the Agreement by One Hundred One Thousand Dollars ($101,000.00) , and amend the contractor compensation rates for FY26-27 to the rates set forth in Exhibit “B”.

3. TERMS.

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

“3.1.2 Term. The term of this Agreement shall be f rom July 1, 2026 to June 30, 2029, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional two-year term. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement, the First Amendment and this Second Amendment shall not exceed Two Hundred Seventy Seventy Thousand Dollars ($277,000.00) without written approval of the City Manager. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Second Amendment at the rates set forth in Exhibit “B” attached hereto.

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SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SERVICES

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

IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this ____ day of __________, 2026.

CITY OF ALISO VIEJO

Approved:

By:

Brett Channing
City Manager

ATTEST:

By: _______________________________
Maria Ruano-Kendig
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
GREAT SCOTT TREE SERVICE, INC.

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

164
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CITY OF ALISO VIEJO

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

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
165
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CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

166
60367.01100\33489405.1

A-1

EXHIBIT “A”

TO SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR TREE MAINTENANCE SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Tree Maintenance Services, dated May 5, 2021.
167
60367.01100\33489405.1

B-1

EXHIBIT “B”

TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

TREE MAINTENANCE SERVICES

COMPENSATION

See attached.
168
Exhibit “B”-Contractors Proposed Unit Prices Page 1 of 1 Pages Tree Maintenance for City Trees
Contractor: __________________________
Exhibit “B”
Contractor’s Proposed Unit Prices
Tree Maintenance Services
For City Trees
The proposed unit prices shall include full compensation for furnishing all labor, materials, tools, necessary equipm ent, overhead and profit required to perform the work in accordance with Exhibit “ A”-Scope of Work Tree Maintenance for City Trees. The listed quantities are estimated work for a twelve (12) month period only. The monthly pay quantities shall be for the actual completed work.

STANDARD WORK ITEMS – CITY TREES
ITEM
NO.

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

Company
Printed Name
Signature
Title
*Price shown above is for both trims
*Price shown above is for both trims
169
_______________________________________________________________________ 10761 Court Avenue • Stanton, California 90680 • 714/826-1750 • FAX 714/826-1753 • www.gstsinc.com May 18, 2026
City of Aliso Viejo
Attn: Quang Le
Associate Engineer
12 Journey, Suite 100
Aliso Viejo, CA 92656
RE: Tree Maintenance Services Contract
Dear Mr. Le,
The purpose of this letter is to establish hourly rates for call out/emergency type of work as a supplement to our existing rates in the contract for planned trimming work.

The new term of the contract is a 3-Year term beginning July 1, 2026 and ending June 30, 2029.

DESCRIPTION UNIT FY 26/27
Crew Rental (During Business Hours) Man Hour $124.61
Emergency Crew Rental (During Business Hours) Man Hour $173.38 Emergency Crew Rental (After Hours, Sunday, Holiday) Man Hour $200.47 The rates set forth above may are for July 1, 2026 through June 30, 2027 and be adjusted each year in accordance with annual average Consumer Price Index of the prior calendar year, All Urban Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of of five percent (5%).

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

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

Cell: (714) 514-4515
170
City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Maria Kendig, Director of Government Services/City Clerk

SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE DECLARING

PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS

Recommended Action:

Conduct a second reading and adopt an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO CALIFORNIA, DECLARING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS.

Fiscal Impact:

None.

Discussion:

On May 27, 2026 , the City Council approved the introduction and first reading of the subject Ordinances by 5-0 vote. If adopted, the Ordinances will take effect 30 days after adoption.

Attachment:

1. Ordinance
171
ORDINANCE NO. 2026-253

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO CALIFORNIA, DECLARING PRIMA FACIE
SPEED LIMITS ON CERTAIN CITY STREETS.

WHEREAS, the City’s arterial , collector and local roadways are intended for the safe movement of motor vehicles; and

WHEREAS, Sections 22352, 22354, 22354.5, 22357, 22358, 22358.3 of the California Vehicle Code (CVC) establish prima facie speed limits on all the roadways in the State; and

WHEREAS, Sections 22352, 22354, 22354.5, 22357, 22358, 22358.3 of the California Vehicle Code (CVC) allows local agencies to post speed limits on city streets which are less than prima facie speed limits after completion of an engineering and traffic survey; and

WHEREAS, the City Council of the City of Aliso Viejo last established by ordinance prima facie speed limits on City roadways in 2019; and

WHEREAS, the engineering and traffic studies used to determine prima facie speed limits have been recently updated per the CVC, and

WHEREAS, the City Council does hereby approve the revised prima facie speed limits on certain City streets.

WHEREAS, this Ordinance is subject to CEQA categorical exemption Class 1 pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Section 15301.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO ORDAINS AS FOLLOWS:

SECTION 1. Declaring prima facie speed limits for the following streets:

Street Section Prima Facie
Speed
(mph) From To
Alicia Parkway City Limits State Route 73 45
Alicia Parkway State Route 73 Pacific Park Drive 45
Aliso Creek Road Alicia Parkway Aliso Viejo Parkway
(South) 45
Aliso Creek Road Aliso Viejo Parkway
(South) Pacific Park Drive 45
Aliso Creek Road Pacific Park Drive Glenwood Drive 45
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Page 2 of 4 ends

Ordinance No. 2026-253
Street Section Prima Facie
Speed
(mph) From To
Aliso Creek Road Glenwood Drive El Toro Road 45
Aliso Viejo
Parkway Moulton Parkway Aliso Creek Road
(North) 45
Aliso Viejo
Parkway
Aliso Creek Road
(North) Enterprise 45
Aliso Viejo
Parkway Enterprise Aliso Creek Road
(South) 45
Autumnglen Aliso Creek Road Summerfield 30
Boundary Oak Wood Canyon Drive Pacific Grove Drive 30
Canyon Vistas Pacific Park Drive Silkwood 30
Canyon Wren Lane Westwing El Toro Road 35
Cedarbrook Glenwood Drive Da Vinci 30
Cedarbrook Glenwood Drive Aliso Viejo Parkway 30
Cedarbrook Aliso Viejo Parkway Park 30
Chase Pacific Park Drive Thistledown 30
City Lights Drive Pacific Park Drive Grand 35
Columbia Aliso Creek Road Aliso Viejo Parkway 35
Da Vinci Glenwood Drive Cedarbrook 30
Deerhurst Pacific Park Drive Wolverine Way 30
Eastwind Briarglen Amber 30
Eastwing Westwing Aliso Creek Road 35
Enterprise Pacific Park Drive Aliso Viejo Parkway 35
Enterprise Aliso Viejo Parkway Aliso Creek Road 35
Glenwood Drive Moulton Parkway Aliso Creek Road 45
Glenwood Drive Aliso Creek Road Enterprise 45
Hollyoak Alicia Parkway Laurelmont 25
Hopseed Wood Vista Way Hollyleaf 25
Journey Pacific Park Drive Aliso Creek Road 35
La Paz Road Pacific Park Drive SR-73 45
Laurelmont Alicia Parkway Hollyoak 25
Liberty Aliso Viejo Parkway Aliso Creek Road 40
Oakgrove Pacific Grove Drive Wood Canyon Drive
(North) 35
Oak View Drive Westridge Drive Wood Canyon Drive 30
Pacific Park Drive Enterprise Chase 45
Pacific Park Drive Chase Aliso Viejo Parkway 45
Pacific Park Drive Aliso Viejo Parkway Alicia Parkway 45 Pacific Park Drive Alicia Parkway Mareblu 45
Peppertree Pacific Park Drive knuckle curve 30
Pursuit Liberty curve 30
Pursuit Curve Aliso Creek Road 30
Sanborn Chase Wood Canyon Drive 25
173

Page 3 of 4 ends

Ordinance No. 2026-253
Street Section Prima Facie
Speed
(mph) From To
Summerfield Aliso Creek Road Autumnglen 30
Via Iglesia Moulton Parkway cul-de-sac 25
Westwing Calle Corta Aliso Creek Road 35
Westwing Aliso Creek Road Eastwing 35
Windsong Aliso Creek Road Cedarbrook 30
Wolverine Way Aliso Creek Road cul-de-sac 30
Wood Canyon
Drive Thistledown Grand 30
Wood Canyon
Drive Grand Pacific Park Drive 30
Wood Canyon
Drive Pacific Park Drive Boundary Oak 45
Wood Canyon
Drive Boundary Oak Calypso Street 45
Wood Canyon
Drive Knollwood Hope Street 45
Wood Vista Way Hopseed Canyon Vistas 30
Argonaut Loop Argonaut Glenwood Drive 30
Brookline End of Street Aliso Creek Road 30
Columbia Loop Columbia Columbia 25
Journey Loop Journey Journey 30
Morning Ridge /
Creekside /
Woodside
Pacific Park Drive Alicia Parkway 25

SECTION 2. The Public Works Department is hereby authorized and directed to install and/or upgrade any or all immediately appropriate signs giving notice of said speed limits.

SECTION 6. This Ordinance is enacted to update prima facie speed limits on existing streets. Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.

SECTION 3. This Ordinance shall become effective when appropriate signs giving notice of the new speed limit are posted upon the street affected by this ordinance.

SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law.

PASSED, ADOPTED AND APPROVED this ___ day of _______ 2026.

174

Page 4 of 4 ends

Ordinance No. 2026-253

____________________________
Max Duncan
Mayor

APPROVED AS TO FORM:

Best Best & Krieger LLP

___________________________
Scott Smith,
City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF ALISO VIEJO )

I, Maria Kendig, City Clerk of the City of Aliso Viejo, do hereby certify that the foregoing Ordinance No. 2026-253 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 20th day of May, 2026, and thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the ____ day of ________ 2026, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

______________________________
Maria Kendig,
City Clerk
175
City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Captain Ryan Buhr, Chief of Police Services

SUBJECT: AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR FISCAL YEAR 2026-27 CROSSING GUARD SERVICES

Recommended Actions:

Authorize the City Manager to execute the agreement with All City Management Services, Inc. for school crossing guard services for fiscal year (FY) 2026-27.

Fiscal Impact:

The cost for the crossing guard services agreement is $ 300,150 for a one -year term beginning July 1, 202 6, and ending June 30, 202 7. This is an increase of $ 14,407 or

5.0%, primarily due to an increase in the ir expenses related to insurance coverage.

Crossing guard services are funded by the General Fund and included in the FY 2026-27 proposed budget.

Background:

The City of Aliso Viejo has used All City Management Services (ACMS) as the crossing guard vendor for the past 2 3 years. ACMS is a California -based corporation founded in 1985. They have provided crossing guard services for over 40 years and serve over 200 cities and school district s, including other South Orange County cities. ACMS manages all crossing guard program functions, including screening, recruitment, staffing, training, equipment, payroll, and supervision.

Discussion:

The City of Aliso Viejo contracts with ACMS for 10 crossing guards per school day. ACMS assigns area supervisors who are responsible for overseeing the day -to-day operations of the program. ACMS communicates with each school to ensure proper scheduling and maintains alternate guards to ensure adequate response and immediate replacement for any crossing guard absent from service for any reason. ACMS has provided quality and reliable services to the City and has been responsive to the nee ds of the City and the schools served.
176
The cost increase over FY 2026-27 is due to increased costs in most segments of this business, especially related to ACMS attracting and retaining qualified individuals for its Crossing Guard Program as well as nationwide increases to insurance premiums . Staff will continue to monitor key crossings throughout the community and report back to the City Council if changes in coverage are warranted.

Attachments:

1. Crossing Guard Agreement Pricing Letter

2. Agreement with All City Management Services, Inc.

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“Keeping Kids Safe”
11643 TELEGRAPH RD. SANTA FE SPRINGS, CA. 90670 (800) 540-9290 ACMSSAFETY.COM

April 2, 2026

Ann Eifert – Interim City Manager / Director of Financial Services City of Aliso Viejo
12 Journey, Suite 100 Aliso Viejo, CA 92656

Dear Ms. Eifert,
As many agencies begin preparing budgets, we would like to confirm our interest in extending our agreement for School Crossing Guard Services through the 2026–2027 school year. Enclosed is a Client Worksheet detailing the updated hourly billing rate and a projection of your annual program cost based on current post locations and service hours.

Each year, we conduct a comprehensive review of the factors that influence the cost of providing a safe and fully compliant School Crossing Guard Program. For the upcoming term, the most significant driver of increased expenses is substantial nationwide increases in insurance premiums. These increases are directly tied to the well‑documented risks associated with crossing‑guard duties.

Recent research found that the job of a crossing guard has become increasingly dangerous and ranks among the top 5 deadliest occupations in the United States. According to a major Associated Press review of nearly 200 police departments, at least 230 school crossing guards across 37 states were struck by vehicles over the past decade, and nearly three dozen were killed.

These realities—documented fatality rates, rising injury claims, and a high‑risk job profile— are directly reflected in the premium increases issued by insurance carriers. As a result, ACMS is experiencing materially higher costs to maintain the essential General Liability and Workers’ Compensation coverage required to operate a safe, compliant, and responsibly insured program.

We remain fully committed to providing a safe, reliable, and professional School Crossing Guard Program for your community. We value our partnership and hope you will find the updated rate both reasonable and necessary to sustain the high safety and coverage standards your program deserves. If you have any questions or need further information, please contact me at (800) 540‑9290.

Thank you for your continued partnership,

Brian Brooks
Chief Operating Officer
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All City Management Services Inc.

Sites with Traditional Calendar
Calendar Groups
Hours/Year
Hourly Billing Rate
Group Total
7 Sites @ 4.00 hrs/day, 5 days/wk
5040
X
$36.25
=
$182,700.00
(7 sites x 4.00 hrs/day x 180 days/yr)
3 Sites @ 6.00 hrs/day, 5 days/wk
3240
X
$36.25
=
$117,450.00
(3 sites x 6.00 hrs/day x 180 days/yr)
Client Worksheet 2026 - 2027
Department:
1008401
Billing Rate for 2026/2027:
$36.25
Aliso Viejo, City of
8280

PROJECTED HOURS
$300,150.00

PROJECTED COST

TOTAL ANNUAL
179

AGREEMENT FOR CROSSING GUARD SERVICES

This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 22, 2026, and is between the CITY OF ALISO VIEJO (hereinafter called the "Principal"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").

WITNESSETH

The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for an initial term which commences on or about July 1, 2026, and ends on June 30, 2027 (the “Initial Term”). Thereafter, the term of this Agreement shall renew automatically on the termination date of this Agreement for up to two (2) additional, successive one (1) year periods (each, a “Renewal Term” and, together with the Initial Term, the “Term") unless either party provides the other party with no less than thirty (30) days’ written notice to the other party prior to the end of the Initial Term or the Renewal Term, as applicable, in which case this Agreement shall terminate on the expiration date of the Initial Term, or the then-current Renewal Term, as the case may be.

2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.

The Contractor will perform criminal background checks and confirm employment eligibility through E-Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the Principal.

3. The Principal shall designate a representative to serve as its point of contact for dealing with Contractor with respect to this Agreement.

4. The Principal shall determine the locations where Crossing Guards shall be furnished by the Contractor.

The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.

7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the 180

state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.

8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under Principal’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.

10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the Principal a Certificate of Insurance naming the Principal and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the Principal and shall not call on the Principal's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the Principal, its officers, agents and interest of the Principal. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the Principal.

11. Contractor agrees to defend, indemnify and hold harmless the Principal, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.

a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.

b) In the event the Principal, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay Principal, its officers, agents, or employees, any and all costs and expenses incurred by the Principal, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.

c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of Principal, liability will be apportioned between Contractor and Principal based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify Principal will be limited accordingly. 181

d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to Principal for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $6,000,000 (Six Million Dollars).

12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.

13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the Principal.

14. The Principal agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of thirty-six dollars and twenty-five cents ($36.25) per hour, per Crossing Guard during the Initial Term. It is understood that the cost for providing eight thousand two hundred eighty (8,280) hours of service shall not exceed three hundred thousand one hundred fifty dollars ($300,150.00). For automatic renewals no less than (60) days before the expiration of the Initial Term, or the Renewal Term, as applicable, Contractor will notify Principal of its proposed hourly rate for the following 12-month period, which will be deemed accepted by Principal unless Principal notifies Contractor of its disagreement therewith, or its intent not to renew the Agreement, in writing, no less than thirty (30) days prior to the end of the Initial Term or the Renewal Term, as applicable. If Principal disagrees with Contractor’s proposed new hourly rate, but still wishes to renew the Agreement the parties will negotiate in good faith to reach mutual agreement on, and confirm in writing, the new hourly rate for the following 12-month period, prior to the expiration of the Initial Term or the Renewal Term, as the case may be.

15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.

16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide Principal with 60 days-notice of its request to increase pricing. Principal agrees to review and respond to said notice within 30 days of receipt.

17. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions.

Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.

[SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

PRINCIPAL CONTRACTOR

City of Aliso Viejo All City Management Services, Inc.

By_____________________________ By______________________________ Signature

_____________________________ _____________________________ Print Name and Title Print Name and Title

Date____________________________ Date____________________________

183
City of Aliso Viejo

AGENDA ITEM

DATE: June 3, 2026

TO: Mayor and City Council

FROM: Brett Channing, City Manager

SUBJECT: AGREEMENT WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 2026-27 LAW ENFORCEMENT SERVICES

Recommended Action:

Approve and authorize the Mayor to execute the agreement with the County of Orange for Fiscal Year 2026-27 law enforcement services in the amount of $11,550,802.

Fiscal Impact:

The agreement with the County of Orange for fiscal year (FY) 2026-27 law enforcement services total $11,550,802. The cost for services is funded primarily by the General Fund, with public safety and other grants funding $195,542. The FY 2026 -27 contract includes dedicated City staff, regional and shared staff, the replacement o f one motorcycle and one F150 truck for the Community Services Officer/Parking Control position.

Background:

The Orange County Sheriff’s Department (OCSD) has provided law enforcement services to the City since incorporation in 2001. Law enforcement services for FY 2026- 27 include the positions and service levels as noted below:

Position Title

Service Level
Captain
Sergeant – Administrative
1 1
Sergeant – Patrol (Share with LW) 1.33
Investigator (Share with LW) 1.5
Deputy Sheriff II – Patrol
Deputy Sheriff II – SRO/Motor (Share with LN)
15 0.65
DS II Motorcycle
Community Services Officer
Senior Emergency Management Program Coordinator

Regional/Shared Staff
2 2
1 15.9
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Aliso Viejo City CouncilJune 3, 2026

Aliso Viejo City Council
June 3, 2026