Cities Index.
Agenda packet

Aliso Viejo City Council
June 17, 2026

Document
Agenda packet
Meeting
June 17, 2026
Body
Aliso Viejo City Council
Pages
21
Original file
81.0 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

LOCAL SIGNAL SYNCHRONIZATION PLAN

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SECTION ONE

TRAFFIC SIGNAL SYNCHRONIZATION

GOALS, POLICIES, AND OBJECTIVES

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GOALS

OCTA’s Regional Traffic Signal Synchronization Mast er Plan (Regional Master Plan) is included as part of the approved Measure M2. The R egional Master Plan is a multi- agency, corridor-based approach that optimizes the performance of traffic signals based on existing traffic patterns. The goals of the pro gram are to improve the flow of traffic on Orange County streets and roads by implementing multi-agency signal synchronization.

The City of Aliso Viejo is in concurrence with thes e goals, and will continue to work cooperatively with OCTA and adjoining agencies to s ynchronize signals throughout the City on a corridor basis. The City believes this c ooperation serves to provide safe, efficient traffic circulation for our local needs as well as future demands, by continuing to improve travel times and reducing stops.

Over the past twenty-two (22) years, the City of Al iso Viejo has demonstrated support of the Regional Master Plan’s goals by being proactive in upgrading older (non-supported) Econolite traffic signal controllers and connecting /completing various traffic signal interconnect projects. These projects have include d fiber and hardwire interconnect, as well as phone-drop connectivity, to several corrido r traffic signals that make up the City’s existing Aries and Centracs traffic signal m anagement systems. Currently, the City’s systems allow communication to all (48) city traffic signals.

The City of Aliso Viejo is a part of a multi-agency ‘central’ system (i.e., Centracs) that includes the following local agencies:

1) Aliso Viejo
2) Laguna Hills

As traffic signal synchronization corridor projects are completed, the City of Aliso Viejo’s traffic signals on the Econolite Aries system are b eing transitioned to the newer central Econolite Centracs system. This central traffic ma nagement system allows for street routes to be more easily coordinated across jurisdictional boundaries.

During the past three (3) years, the City has parti cipated in following three (3) RTSSP projects:

1) Alicia Parkway TSSP (led by the City of Laguna Niguel) 2) Aliso Creek Road TSSP (led by the OCTA). Compl eted with a final report. 3) La Paz Road TSSP (led by the City of Laguna Nig uel)

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GOALS ( continued )

Additionally, this past year (2025), the City of Al iso Viejo led and applied for Project P corridor funding for the Glenwood Drive/Pacific Par k Drive/Oso Parkway, from Moulton Parkway to the SR-241 Freeway (the grant has not been awarded at this time).

It is also worth mentioning, in FY 2025-26, the Cit y of Aliso Viejo completed Accessible Pedestrian Signal (APS) push-button upgrades at var ious locations throughout the City.

The cost for these APS upgrade improvements was approximately $112,000.00.

POLICIES

The City of Aliso Viejo adopted an initial Local Si gnal Synchronization Plan (LSSP) in December 2010, and understands it must update it ev ery three years to maintain M2 eligibility and ensure our transportation system co ntinues to function effectively. The purpose of the LSSP is to implement and maintain co ordination of traffic signals along corridors within our City and beyond its borders to regionally maintain safe and efficient flow of vehicular traffic. The Regional Master Plan also provides the opportunity to work with neighboring agencies in order to accomplish mutually-beneficial goals.

For these reasons, it is the City of Aliso Viejo’s desire and policy to continue participating in and supporting the Regional Master Plan. The City maintains local control and responsibility of all (48) traffic sign als within our jurisdiction, and will continue to be responsible for changes to our traffic signals, equipment, and policies.

OBJECTIVES

For many years, the City of Aliso Viejo has impleme nted and maintained corridor-based signal coordination timing via daily traffic signal operations consultant support services.

Through these on-going support services, the City p eriodically evaluates and optimizes coordination signal timing in response to changing traffic volumes and patterns, which we believe assists in alleviating the need for future road widening.

The City concurs that the Regional Master Plan is b eneficial and needed in order to more effectively move people and goods locally and regionally through efficient signal timing. By participating in the Regional Master Pl an, the City recognizes the benefits gained from local signal timing and synchronization, as well as from eligible traffic signal and interconnect equipment upgrades. Moreover, the City recognizes this program as a valuable, corridor-based measure for improving air quality by reducing green-house gas emissions.
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OBJECTIVES (continued )

In participating in the Regional Master Plan, as we ll as using the on-going signal operations support services, the City continues to address regional goals while serving our constituents in a reasonable manner. According ly, it is the City’s objective to work with adjacent local agencies for possible Regional Master Plan funding opportunities for re-timing of the traffic signals along all corridors that traverse our City.

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SECTION TWO

TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES

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TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES

Regional Network:

Priority Corridor Network

1) Alicia Parkway, from Hollyoak to Pacific Park Dr ive 2) Pacific Park Drive, from Wood Canyon Drive to Ma reblu Lane

Signal Synchronization Network

3) Aliso Creek Road, from Glenwood Drive to Wood Ca nyon Drive 4) El Toro Road, at Bells Viero/Club
5) Glenwood Drive/Pacific Park Drive, from Moulton Parkway to Wood Cyn Drive 6) La Paz Road, at SR-73 Freeway Off-Ramp/Aliso Vie jo Plaza (Caltrans )

Local Network:

Local Signal Synchronization Network

7) Aliso Creek Road, from El Toro Road to Glenwood Drive 8) Aliso Viejo Parkway, from Moulton Parkway to Ali so Creek Road (S) 9) Enterprise, from Pacific Park Drive to Aliso Cre ek Road 10) Wood Canyon Drive, from Pacific Park Drive to University Drive

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SECTION THREE

TRAFFIC CONTROL INVENTORY

174
Corridor Cross Street Intersection AM MID PM WKND
Maintenance
Responsibility Cabinet Type Software Detection
Bike
Detection CCTV
Power
Backup Comm Other ITS ATMS Status
1 Glenwood Dr Cedarbrook Free Free Free Free Aliso Viejo P (TS1) Cobalt ASC/3 Loops No N/A BBS Copper Aries Online 2 Golf Dr / Argonaut Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 2 Aliso Creek Rd 120 Free 140 Free Aliso Viejo P (TS1) COBALT ASC/3 Loops No N/A BBS Copper Centracs Online 4 Brookline Free Free Free Free Aliso Viejo P (TS2 Type 1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online Pacific Park Dr Enterprise Free Free Free Free Caltrans 332 2070 Loops No N/A BBS 5 Canyon Vistas Free Free Free Free Aliso Viejo P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A NO Copper Aries Online 6 Chase / Peppertree Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 7 Wood Canyon Dr Free Free Free Free Aliso Viejo P (TS2 Type 2) COBALT ASC/3 Loops No N/A BBS Copper Aries Online 8 Aliso Viejo Parkway Free Free Free Free Aliso Viejo P (TS2 Type 1) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online 9 Journey 120 120 120 110 Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online 10 Aliso Creek Rd 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 11 Deerhurst / Music Lane 120 120 120 110 Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online 12 Alicia Parkway 130 130 120 120 Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Fiber Centracs Online 13 Heather Ridge 120 120 120 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A NO Copper Centracs Online 14 La Paz Road 120 120 120 Free Aliso Viejo P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online 15 Aliso Niguel 120 120 120 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online 16 Mareblu 120 120 120 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online 17 Aliso Creek Rd Westwing 120 Free 140 Free Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 18 Eastwing 120 Free 140 Free Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 19 Columbia 120 Free 140 Free Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 20 Aliso Viejo Parkway (N) 140 130 140 130 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 21 Windsong 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online SR 73 On/Off Ramps n/a n/a n/a n/a Caltrans 332 2070 Loops No N/A BBS Fiber 22 Enterprise / Summerfield 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 23 Autumnglen 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 24 Journey 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 25 Aliso Viejo Parkway (S) 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 26 Loma Cante 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 27 Liberty 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 28 Glenhurst/ Pursuit 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online 29 Wood Canyon Dr 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Traffic Signal Control Inventory
City of Aliso Viejo
Cycle Length Equipment

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175
Corridor Cross Street Intersection AM MID PM WKND
Maintenance
Responsibility Cabinet Type Software Detection
Bike
Detection CCTV
Power
Backup Comm Other ITS ATMS Status
Traffic Signal Control Inventory
City of Aliso Viejo
Cycle Length Equipment
30 Aliso Viejo Parkway Cedarbrook 70 65 70 65 Aliso Viejo P (TS1) COBALT ASC/3 Loops No N/A BBS Copper Centracs Online 31 Columbia / Polaris Way 70 65 70 Free Aliso Viejo P (TS2 Type 1) COBALT ASC/3 Loops No N/A BBS Copper Centracs Online 32 Enterprise Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 33 Parker Place Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 34 Vantis Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 35 Grand Free Free Free Free Aliso Viejo P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online 36 Endeavor Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 37 Liberty Free Free Free Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online 38 Alicia Parkway Hollyoak 130 120 130 120 Aliso Viejo P (TS1) Cobalt ASC/3 Loops No N/A BBS Copper Centracs Online 39 Morning Ridge 130 120 130 120 Aliso Viejo P (TS1) Cobalt ASC/3 Loops No N/A BBS Fiber Centracs Online 40 El Toro Road Bells Vireo / Club 120 Free 140 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online 41 Enterprise Nova Free Free Free Free Aliso Viejo P (TS2 Type 1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 42 Parker Place Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 43 Summit Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 44 Town Center Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online 45 Wood Canyon Dr Oakgrove Free Free Free Free Aliso Viejo P (TS2 Type 1) ASC/2S ASC/2 Loops No N/A NO Copper Aries Online 46 Boundary Oak Free Free Free Free Aliso Viejo P (TS2 Type 1) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online 47 University Free Free Free Free Aliso Viejo P (TS2 Type 1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online La Paz Road SR-73 Off-ramp / Aliso Viejo Plaza Free Free Free Free Caltrans 332 2070 Loops No N/A BBS 48 Liberty Freedom Lane Free Free Free Free Aliso Viejo P (TS2 Type 1) Cobalt ASC/3 Loops No N/A BBS Copper Centracs Online

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SECTION FOUR

TRAFFIC SIGNAL SYNCHRONIZATION SYSTEM

AND THREE YEAR PLAN

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3-YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION

Funding Needs for Synchronized Operation (Constrained )

Reporting Jurisdiction Expenditures: City of Aliso Viejo

Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars

MAINTENANCE
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Traffic Signal Infrastructure Maintenance $183,000 $183,000 $183,000 $549,000.00

Subtotal Maintenance $183,000 $183,000 $183,000 $549,000.00

CONSTRUCTION
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Cash Match Share for the Alicia Parkway $49,106.27 $4,700 $53,806.27 TSSP, shown in FY 2026-27.

Cash Match Share for the Oso Parkway/ $445,732 $44 5,732.00 Pacific Park TSSP, shown in FY 2027-28.

Cash Match Share for the La Paz Road $77,771.20 $4 ,700 $82,471.20 TSSP, estimated in FY 2026-27.

Subtotal Construction $126,877.47 $450,432 $4,700 $582,009.47

OPERATIONS
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Citywide Signal Timing/Operations Monitoring $75,000 $75,000 $75,000 $225,000.00

Subtotal Operations $75,000 $75,000 $75,000 $225,000.00

$384,877.47 $708,432 $262,700 $1,356,009.47
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3-YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION

Funding Needs for Synchronized Operation ( Unconstrained )

Reporting Jurisdiction Expenditures: City of Aliso Viejo

Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars

MAINTENANCE
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Traffic Signal Infrastructure Maintenance $183,000 $183,000 $183,000 $549,000.00

Subtotal Maintenance $183,000 $183,000 $183,000 $549,000.00

CONSTRUCTION
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Cash Match Share for the Alicia Parkway $49,106.27 $4,700 $53,806.27 TSSP, shown in FY 2026-27.

Cash Match Share for the Oso Parkway/ $445,732 $44 5,732.00 Pacific Park TSSP, shown in FY 2027-28.

Cash Match Share for the La Paz Road $77,771.20 $4 ,700 $82,471.20 TSSP, estimated in FY 2026-27.

Citywide Signal Synchronization (see next page) $120,000 $100,000 $60,000 $280,000.00 Subtotal Construction $246,877.47 $550,432 $64,700 $862,009.47

OPERATIONS
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Citywide Signal Timing/Operations Monitoring $75,000 $75,000 $75,000 $225,000.00

Subtotal Operations $75,000 $75,000 $75,000 $225,000.00

$504,877.47 $808,432 $322,700 $1,636,009.47
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LSSP IMPLEMENTATION – CANDIDATE SIGNAL

SYNCHRONIZATION PROJECTS WITH ESTIMATED COSTS

TO COMPLETE PLANNED NETWORK

Reporting Jurisdiction Expenditures: City of Aliso Viejo

Following are corridor improvements, with summary d escriptions and costs, which are considered uncoordinated candidate corridor pro jects, and TMC upgrades (as appropriate) that the City of Aliso Viejo desires to pursue upon available funding:

CORRIDOR IMPROVEMENT SUMMARY ESTIMATED
COST
Aliso Viejo Parkway
- from Moulton Pkwy to Aliso Creek Rd -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$120,000

Enterprise
- from Pacific Park Dr to Aliso Creek Rd -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$100,000

Wood Canyon Drive
- from Pacific Park Dr to University Rd -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$60,000

Total Estimated Cost: $280,000.00

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SECTION FIVE

TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT

REVIEW AND REVISE, AS NECESSARY,

THE TIMING OF TRAFFIC SIGNALS

Significant timing plan updates and projects
completed from FY 2023/2024 through 2025/2026

(Periodic refinements performed as part of
routine monthly reviews are not included )

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2023 OCTA COPR Results

The corridor performance results were obtained from the prior 2023 Corridor Operational Performance Report (COPR) that was prep ared under the direction of the Orange County Transportation Authority (OCTA). The results are expressed in terms of the Corridor Synchronization Performance I ndex (CSPI), which combines measures of the travel speed, the ratio of green li ghts to red lights, and stops per mile. The best performance level is Tier 1 (CSPI o f >80), which is considered to be very good travel progression. The various performa nce tiers are then defined in increments of 10 as follows:

 Tier I More than 80: Very good progression

 Tier II 70.01 – 80: Good progression

 Tier III 60.01 – 70: Fair progression

 Tier IV 50 – 60: Limited progression

 Tier V Less than 50: Very limited progression

As shown below and on the attached 2023 Corridor Sy nchronization Performance Index (CSPI) exhibit previously provided by OCTA, t he CSPI scores for the following corridors that cross the City of Aliso Viejo are as follows:

 Alicia Parkway Tier I (More than 80)

 Aliso Creek Road Tier III (60.01 to 70) (see next page)

 Aliso Viejo Parkway No Data

 El Toro Road Tier III (60.01 to 70)

 Enterprise No Data

 Glenwood Drive / Pacific Park Drive Tier III (60. 01 to 70)

 La Paz Road Tier III (60.01 to 70)

 Wood Canyon Drive No Data

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Specific Corridor Project Assessment

As mentioned, the City of Aliso Viejo recently part icipated in, and completed, the Aliso Creek Road TSSP corridor project, administere d by OCTA in cooperation with our neighboring cities. This corridor project is n ow fully-complete, with on-going monitoring and maintenance (Phase 2) having been fi nalized last year. The corridor consultant provided a memo showing a more recent comparison of Final Operations and Maintenance (O&M) period conditions (i.e., June 2023 – May 2025) with Primary Implementation (PI) conditions (i.e., October and November 2022).

The latest OCTA CSPI final report results are summarized below:

Aliso Creek Road TSSP:

PI O&M
 CSPI score for this corridor (average for PM) 9 5.7 90.1

As the overall results remain in Tier I, this confi rms that the implemented synchronized corridor more effectively moves vehicles between and among the City of Aliso Viejo and its adjacent jurisdictions with minimal stops and delays. Not only did the corridor benefit through overall synchroniz ation, it was also improved with traffic signal and interconnect equipment upgrades allowing for signal timing efficiencies and optimization of operations.

Priorities, Approach, and System Plan

It is important to note that for several years the City has implemented and maintained corridor-based signal coordination timin g through daily traffic signal operations consultant support services. These on-g oing services include the Aries and Centracs traffic signal management systems collecting data on a daily basis, as well as the daily review/monitoring of the collecte d data via Aries/Centracs, especially looking at detector and communication ev ents. These events are immediately forwarded to the City’s traffic signal maintenance company for trouble- shooting and repair.

The City strives to move traffic regionally in a sa fe manner along our corridors, reducing commuter travel times and stops, while min imizing side-street delays that serve our constituents.

These support services include daily review of all coordination timing with every city arterial driven bi-monthly.

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Priorities, Approach, and System Plan (continued)

Through these support services, the City assures th at the signal timing is maintained on a daily basis, and is periodically ev aluated and fine-tuned in response to changing traffic volumes and patterns. The review of other consultants’ signal synchronization timing is also included when applicable.

The City’s traffic signal system plan includes upgr ades to intersections that are currently being run by older controllers, which are over fifteen (15) years old and no longer manufactured, to the latest Advanced Transpo rtation Controller (ATC) type controllers. The City desires to continue particip ating in future Regional Master Plan corridor projects. 184
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TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT, REVIEW, AND REVISION

LOCAL AGENCY

CORRIDOR
TIMING

REVIEWED
(Past 3 Years )

DID TIMING

REQUIRE
AN UPDATE?
TIMING UPDATE RESULTS (if available)
Speed Travel Stops per mile Greens per red CSPI Score*

PI O&M PI O&M PI O&M PI O&M

Aliso Creek Road TSSP

Yes Yes 29.6
(PM)

30.5 (PM)
32 (PM)

30.9 (PM)

34.2 (PM)

28.9 (PM)

95.7 (PM)

90.1 (PM)

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SIGNAL TIMING REVISIONS

PROJECT CORRIDOR CROSS STREET CYCLE LENGTH (Before/After) Alicia Parkway

Timing was reviewed.

No significant changes warranted.

Aliso Creek Road

Timing revisions reported in previous
assessment table.

Aliso Viejo Parkway
(Los Alisos Boulevard )

Timing was reviewed.

No significant changes warranted.

El Toro Road

Timing was reviewed.

No significant changes warranted.

Enterprise

Timing was reviewed.

No significant changes warranted.

La Paz Road

Timing was reviewed.

No significant changes warranted.

Pacific Park Dr / Oso Parkway

Timing was reviewed.

No significant changes warranted.

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ATTACHMENT A

ALISO CREEK ROAD

TRAFFIC SIGNAL SYNCHRONIZATION PROJECT

FINAL O&M STUDY MEMORANDUM (CSPI) RESULTS

188

kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040

Table 1: Comparison of MOE's for PI Phase After Study and March-May 2025 Conditions for Aliso Creek Road Peak Period Direction
Average Travel Time Number of Stops Average Speed Total Delay PI After
Study
O&M
March-May
2025
%
Change
PI After
Study
O&M
March-May
2025
%
Change
PI After
Study
O&M
March-May
2025
%
Change
PI After
Study
O&M
March-May
2025
%
Change
(minutes) (minutes) (mph) (mph) (minutes) (minutes)
AM Peak NB 9:45 12:00 23.0% 2.4 5.6 134.7% 34.9 28.8 -17.5% 2:58 5:13 75.7% SB 10:39 11:25 7.1% 4.0 5.8 44.2% 31.0 29.3 -5.5% 3:58 4:44 19.2% Midday Peak NB 11:55 11:47 -1.1% 5.8 5.9 1.1% 27.6 28.0 1.4% 5:08 5:00 -2.6% SB 11:23 11:50 3.9% 5.4 6.0 11.1% 29.0 28.1 -3.2% 4:42 5:09 9.5% PM Peak NB 11:33 10:58 -5.1% 4.2 4.4 5.6% 28.6 30.2 5.6% 4:46 4:11 -12.4% SB 10:40 10:52 1.9% 3.6 5.4 50.9% 31.2 30.5 -2.2% 3:59 4:11 5.2%

Table 2: Comparison of CSPI Scores for PI Phase After Study and March-May 2025 Conditions for Aliso Creek Road Peak Period Direction
OCTA Average Speed Score OCTA Greens per Red Score OCTA Stops Score OCTA CSPI Score PI After
Study
O&M
March-May
2025
%
Change
PI After
Study
O&M
March-May
2025
%
Change
PI After
Study
O&M
March-May
2025
%
Change
PI After
Study
O&M
March-May
2025
%
Change
AM Peak NB 32.8 26.9 -18.0% 37.4 24.5 -34.6% 32.6 29.1 -10.8% 102.8 80.5 -21.7% SB 31.5 28.9 -8.3% 34.1 22.8 -33.1% 32.1 29.5 -8.1% 97.7 81.2 -16.9% Midday Peak NB 26.4 27.0 2.3% 25.1 24.0 -4.5% 29.1 29.1 -0.1% 80.7 80.0 -0.8% SB 28.5 27.1 -4.9% 26.9 22.8 -15.1% 30.2 29.1 -3.6% 85.6 79.0 -7.7% PM Peak NB 27.9 30.1 8.0% 32.5 32.1 -1.1% 31.4 31.6 0.5% 91.9 93.8 2.1% SB 31.2 30.8 -1.4% 35.8 25.6 -28.6% 32.5 30.1 -7.4% 99.5 86.4 -13.1%

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City of Aliso Viejo

AGENDA ITEM

DATE: June 17, 2026

TO: Mayor and City Council

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

SUBJECT: INVESTMENT POLICY FOR FISCAL YEAR 2026-27

Recommended Action:

Adopt a Resolution approving the Investment Policy for Fiscal Year 2026-27 and rescinding Resolution No. 2025-06 in its entirety.

Fiscal Impact:

The adoption of the annual Investment Policy will allow for the continual investment of the City’s idle cash, which will provide additional revenue to the City.

Background:

California Government Code Section 53646 and best management practices dictate that local agencies prepare and update an investment policy on an annual basis. The City’s Investment Policy complies with the California Government Code and the guidelines recommended by the State , California Municipal Treasurer’s Association , and Government Finance Officers Association (GFOA).

The Investment Policy states the goals of the City’s investment activities, the types of investments allowed by the Government Code, and reporting requirements. The City’s investment goals are, in order of priority, safety, liquidity, and yield . The purpose of the Investment Policy is to identify policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment - related activities.

Discussion:

Submitted for Council’s review and adoption is the Fiscal Year 2026-27 Investment Policy, its accompanying resolution, and the A dministrative Policy containing guidelines for investments and internal control. Staff has consulted with the City’s investment advisor and is recommending the changes outlined below.

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1) Maturity Limits – Staff recommends removing required portfolio maturity limits, which would provide additional flexibility and potential for higher investment earnings, while still meeting the goals of safety and liquidity, as well as monthly cash flow needs. Best management practices recommend that cities prioritize sufficient liquidity over static percentage minimums of a portfolio. Setti ng a rigid percentage minimum may result in funds sitting in lower -yield, short -term investments regardless of the City’s actual cash flow needs. By removing the requirements, the City’s Policy will be updated to reflect industry standards and recommendations from GFOA. The recommended updates include the following:

a) Accessibility on demand – Staff recommends removing the required minimum 10% of the portfolio balance to be “accessible on demand.”

b) Within 365 Days – Staff recommends removing the requirement that 35% of the portfolio have a maturity within 365 days.

In addition, Staff recommends an update to the Policy’s Matrix of Suitable Investment Options and Restrictions. The recommended update includes the following:

1) Commercial Paper – Effective January 2026, Government Code 53601(h) was amended to increase the maximum maturity for prime quality commercial paper from 270 days to up to 397 days. This change is recommended to be consistent with the statutory changes and Local Agency Investment Guidelines issued by the California Debt and Investment Advisory Commission.

There are no other significant changes to the Policy.

Attachments:

1. Resolution

2. FY 2026-27 Investment Policy – Clean

3. FY 2026-27 Investment Policy - Redline

4. Resolution 2025-06
191
RESOLUTION NO. 2026-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, REPEALING RESOLUTION NO. 2025-06, AND ADOPTING AN INVESTMENT POLICY FOR FISCAL YEAR 2026-27

WHEREAS, Government Code Section 53600 et seq. sets forth the State of California’s policy with regard to the importance of the solvency and creditworthiness of each individual local agency and the protection thereof; and

WHEREAS, the City of Aliso Viejo is a loc al agency subject to the provisions of Government Code Section 53600 et seq.; and

WHEREAS, Government Code Section 53646 requires local agencies, such as the City of Aliso Viejo to consider annually a statement of investment policy, after review and consideration at a public meeting; and

WHEREAS, at a regular public meeting of the City Council the Council considered a statement of investment policy for the City, entitled City of Aliso Viejo Statement of Investment Policy for Fiscal Year 2026-27 attached hereto as Exhibit “A” and incorporated herein;

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

Section 1. The Statement of Investment Policy for Fiscal Year 2026-27 attached hereto as Exhibit “A” is adopted as the City’s Investment Policy.

Section 2. Resolution No, 2025-06 is hereby repealed

Section 3. This Resolution shall be effective July 1, 2026.

Section 4. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 17th day of July, 2026.

__________________________
Max Duncan
Mayor

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APPROVED AS TO FORM: ATTEST:

__________________________ ___________________________
Scott C. Smith, City Attorney Maria Kendig, City Clerk

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )

I, LAUREN TORRES, Deputy City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 202 4-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 17th day of July, 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

___________________________

LAUREN TORRES

DEPUTY CITY CLERK

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City of Aliso Viejo 2025-26 Investment Policy Page i

EXHIBIT “A”

CITY OF ALISO VIEJO

STATEMENT OF INVESTMENT POLICY
FOR FISCAL YEAR 2026-27
AS ADOPTED June 17, 2026

CITY COUNCIL

Mayor Max Duncan
Mayor Pro Tem Mike Munzing
Council Member Tiffany Ackley
Council Member Garrett Dwyer
Council Member Tim Zandbergen

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TABLE OF CONTENTS

Statement of Investment Policy 1
Objectives 1
Scope of Funds 2
Prudent Investor Standard 2
Investment Philosophy 2
Delegation of Authority 3
Public Trust 3
Ethics and Conflicts of Interest 3
Internal Investment Controls 4
Investment Policy Adoption 5
Indemnification of Investment Officials 5
Investment Portfolio Compliance 5
Reporting 6
Authorized and Suitable Investments 6
Ratings and Rating Agencies 8
Prohibited Investments 8
Collateralization 9
Investment Pools 9
Money Market Mutual Funds 9
Maturity Limits 10
Qualifications for Financial Institutions and Broker/Dealer’s 10 Diversification Guidelines and Risks 11
Safekeeping and Custody 12
Performance Standards and Evaluation 12
Qualifications and Continuing Education 12
APPENDIX A: Glossary of Terms
APPENDIX B: Qualified Broker/Dealers
APPENDIX C: Administrative Policy: Investment Guidelines, Strategy, and Internal Control
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Page 1 ends

Statement of Investment Policy
This Statement of Investment Policy (“Policy”), as set forth by the City of Aliso Viejo (“City”), provides the guidelines for prudent investment of the City’s idle or reserve cash and outlines the policies essential to ensuring the safety and financial strength of the City’s investment portfolio.

This Policy is based on the principles of prudent money management and conforms to all applicable Federal and State Laws governing the investment of public funds. In instances in which the Policy is more restrictive than Federal or State Law, the Policy will supersede.

Objectives
It is the policy of the City to invest public funds in a manner which will provide for the preservation of capital while meeting the daily cash flow requirements of the City and attaining a market average rate of return within an acceptable and defined level of risk.

The Policy has three primary objectives, in order of priority:

1. Preservation of Capital (Safety) – the protection of principal is the foremost consideration when undertaking investment decisions that affect public funds. The objective is to mitigate credit risk and interest rate risk.

Credit Risk
Credit Risk is the risk of loss of principal due to the failure of the security issuer.

Credit Risk can be mitigated by:
 Limiting investments to the safest types of securities.  Pre-qualifying accountants, auditors, financial institutions, broker/dealers, financial advisors, and other outside consultants with which the City does business.  Diversifying the investment portfolio so that potential losses are minimized.

Interest Rate Risk
Interest rate risk is the risk that the market value of securities will fall due to a rise in general market interest rates. It is the policy of the City to hold individual securities to maturity in an effort to meet liquidity demands. Interest rate risk can be mitigated by:
 Holding individual securities to maturity - Structuring the investment portfolio so that securities mature to meet cash flow requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity.  Employing a laddering strategy whereby staggering maturities of individual securities so that bonds come due in increments, assuring an overall liquidity pattern.
 Limiting maturities of individual securities and the average maturity of the overall portfolio.

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2. Liquidity – the investment portfolio shall remain sufficiently liquid to meet all daily cash flow and operating requirements that may be reasonably expected or anticipated.

3. Return or Yield – attain a rate of return consistent with the primary objectives of safety and liquidity, throughout budgetary and economic cycles.

Scope of Funds
The investment policy applies to all financial assets and investment activities of the City, except for proceeds of debt issuance. Debt proceeds shall be invested in accordance with the “Permitted Investments” provisions for each specific bond indenture.

The Policy applies to the following funds and is accounted for in the City’s annual audited financial statements.

A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Funds
E. Enterprise Funds
F. Internal Service Funds
G. Agency Funds

Prudent Investor Standard
The standard to be used by investment officials shall be that of a “prudent person” and shall be applied in the context of managing all aspects of the City’s investment portfolio The Prudent Investor Standard:

Governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of sections 16429.1 and 53600 through 53684 of the California Government Code and considering individual investments as a part of an overall strategy, a trustee is authorized to acquire investments as authorized by law.

Investment Philosophy
It is the investment philosophy of the City to make investment decisions based on an overall passive management style that embodies a prudent investor standard and such that investments are purchased to generally match expected future cash outflows and with the intent to hold until maturity.

Accordingly, the City’s conservative philosophy prohibits active trading and speculation; i.e., the purchase of securities with the intent to profit from favorable market changes in market prices or market conditions. Leveraging or borrowing money for the purpose of investing is specifically prohibited. However, the City may elect to sell a security prior to its maturity and 198
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record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or City needs.

Delegation of Authority
The City’s Resolution No. 2003-018 appoints the Director of Financial Services to also serve as City Treasurer. The Treasurer, or his or her designee, has the authority to manage the City’s investment portfolio in accordance with California Government Code Sections 53600 and 53630 et seq. and all related State and Federal laws.

The Treasurer will provide prior written notification to the City Manager and City Council regarding the designation of responsibilities.

The Treasurer shall establish written procedures for the operation and management of the City’s investment portfolio consistent with this investment policy. The procedures should include reference to safekeeping, repurchase agreements, wire transfer agreements, banking service contracts, collateral or depository agreements, competitive bid process, and due diligence. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction, except as provided under the terms of this policy and the investment procedures established by the Treasurer and approved by the City Manager.

The City may also engage Securities and Exchange Commission registered external investment advisor to manage the City’s investment program.

Public Trust
All participants in the investment process shall act as custodians of public funds. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation.

The overall program shall be designed and managed with a degree of professionalism that is worthy of public trust. In a diversified portfolio, it must be recognized that occasional measured losses are inevitable and must be considered in the context of the overall portfolio’s investment return, provided that adequate diversification has been implemented.

Ethics and Conflicts of Interest
Elected officials and employees of the City involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions under the Political Reform Act and Government Code Section 1090 et seq. Elected officials and employees shall disclose to the City Manager any material interests in financial institutions that conduct business with the City, and they shall further disclose any personal investment position or financial asset that could be related to the performance of the City’s investment program.

Elected officials and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales.

Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, Government Code Section 81000 et seq. and CA Code of Regulations 18110 et seq. and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule, or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses, or agents. 199
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All persons, firms, broker/dealers, financial institutions, and advisors providing investment services or bond issue assistance shall disclose to the City Manager and the Treasurer all fee sharing, fee-splitting, and commission arrangements with other entities or persons prior to the City agreeing to buy an investment or issue bonds.

Internal Investment Controls
The Treasurer will implement and maintain a system of internal investment controls and segregate responsibilities of investment functions in order to prevent fraud, theft, loss of principal, loss of control over funds, inaccurate reporting, and negligence.

The Treasurer will assign designee(s) to assist in carrying out these functions and will establish an Oversight Reviewer function that may be carried out by a designated member of staff, independent individuals, or independent expert contractor to perform specified tasks.

In addition to the specified requirements placed on investment types, quality, maturity, and diversification, further controls will include:
 Safekeeping of Securities
To protect against losses caused by the collapse of individual securities dealers, all securities owned by the City are required to be held by a third-party safekeeping institution. Third-party safekeeping institutions may not act as custodians for any securities which that institution has issued or sold to the City.

Collateral must be held at safekeeping, as defined in the Safekeeping and Custody section of the Policy.

Payment procedures for all securities transactions will be Delivery v. Payment (DVP)  Competitive Bidding of Investments
The City’s investment procedures require that approved broker/dealers compete for investment purchases and sales in order for the City to obtain the highest yield available in the market and to ensure that investment transactions are free from favoritism.

Qualified Bids will be required for purchase of all investment transactions. The Treasurer shall select the best bid and is required to keep a record of each investment transaction. The Treasurer will rotate the purchase of investments among the pool of qualified broker/dealers.

If the City utilizes an external investment advisor, the advisor shall send its approved list of broker/dealers to the City annually and follow its policies and procedures for competitive bidding.
 Annual Management Review and Audit
An annual audit of the City’s Investment Policy, practices, procedures, and portfolio status will be conducted by an independent auditor of all items including, but not limited to, items specified in the Audit Checklist provided in the City’s Procedure Manual. The auditor will provide the City with written observations and recommendations regarding the adequacy of investment controls.  Segregated Investment Execution, Recordkeeping and Reporting An independent member of City staff will record the Treasurer’s investment records or confirmations to the City’s general ledger. In addition, independent staff will 200
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perform the monthly reconciliation of bank, broker/dealer, and safekeeping confirmations.
 Secondary Approval Required
The City Manager will review and approve the establishment of investment accounts, broker/dealer, and financial institution relationships and any agreements or contracts related to investments or investment related activity.
 Wire Transfer Controls
All City wire transfers will be executed in accordance with a written agreement specifying control procedures required for wire transfers of funds, including the establishment of repetitive wires to pay for securities transactions with approved securities dealers as well as any other routine money transfers. All other non-repetitive wires require City Manager approval prior to release.

Investment Policy Adoption
The City Council’s primary responsibilities over the investment function includes establishing investment policies, annually reviewing such policies, appointing a City Treasurer, reviewing monthly investment reports issued by the Treasurer, authorizing bond documents and financing transactions, and adopting recommended changes to the City’s Investment Policy as necessary.

The City’s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved the City Council.

Indemnification of Investment Officials
Any investment officer exercising his/her authority with due diligence, prudence, and care and in accordance with the Investment Policy and all written procedures shall be relieved of personal responsibility and liability for an individual security’s losses or losses incurred by the portfolio. However, any investment officer also bears the responsibility of reporting deviations from expectations in a timely manner to City Council and appropriate action is taken to control adverse developments and mitigate loss of principal.

Investment Portfolio Compliance
Should the portfolio, for any reason, fall out of compliance with this Investment Policy, immediate liquidation of securities in order to bring the portfolio back into compliance will not be required. However, the Treasurer must take action to bring the portfolio into compliance within 12 months from the date the portfolio was determined to be in non- compliance with the provisions of this Investment Policy. Additionally, adequate disclosure of all instances of noncompliance, and the efforts undertaken to bring the portfolio into compliance, must be made on the monthly Treasurer’s Report. 201
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Reporting
The Treasurer shall submit a “Monthly Treasurer’s Report” to the City Manager and City Council within 60 days following the last day of the month to be agendized for official action at a regular Council meeting thereafter. These reports shall disclose information relevant to the risk characteristics of the City’s investment portfolio and shall include the following information:

Monthly Treasurer’s Report
A. Cash receipts, disbursements, and balances in total.

B. A summary of the investment portfolio.

C. An asset list showing the issuer, type of investment, par value, maturity date, and interest rate.

D. Average rate of return on the City’s investment portfolio.

E. Maturity aging grouped by type of investment.

F. Diversification of the investment portfolio.

G. A listing of individual investment transactions during the month, as required by Government Code section 53607.

H. A statement of ability to meet upcoming operating expenses and spending requirements for the next six months.

I. A statement of compliance with the Investment Policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio, and a timetable for resolution.

Annual Report
The annual report will be prepared by the City Treasurer and submitted to the City Manager each fiscal year to ensure consistency. The annual report will include an overall analysis of the portfolio and shall suggest policies and improvements to enhance the City’s investment program. These enhancements will be annually considered by City Council and the authority to amend the Policy rests with City Council.

Authorized and Suitable Investments
Investment of City funds is governed by the California Government Code Sections 53600, 53601, 53601.5, 53601.6, 53635, and 53635.5 et seq. Within the context of the limitations, the following investments are authorized, as further limited herein:
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Matrix of Suitable Investment Options and Restrictions
Investment Type: Maximum
Maturity:

Maximum
percentage of
Portfolio:

Maximum Par Value
per Issuer:

Credit Quality and
Requirements:

U.S. Treasury
Bills, Notes and
Bonds

5 Years

100 percent

N/A
Explicit Full Faith and Credit
Guarantee of United States
Government

Federal Agency
Obligations

5 Years 60 percent
35% per agency

Implied Guarantee of the United
States Government
Bankers’
Acceptances
(BA’s)

180 Days

20 percent

5% per issuer
Domestic banks only - deemed
eligible for purchase by the
Federal Reserve Bank

Certificates of
Deposit or Time
Deposits*
(CD’s)

5 Years

30 percent

5% per issuer
Senior debt only from top 15
percent of peer group rated
banks, savings & loans and credit
unions. Defined by Section 5102
of the Financial Code.

Negotiable
Certificates of
Deposit

5 Years

30 percent

$250,000
Brokered CD’s insured by FDIC
for a maximum of $250,000 per
issuer.

Local Agency
Investment Fund
(LAIF)

N/A

100 percent

$75,000,000
(per entity)
Treasurer will review investment
policies and practices to
determine if consistent with the
Policy

Commercial Paper

397 Days

20 percent

5% of portfolio
Highest letter and number rating
as provided for by a nationally
recognized statistical-rating
organization (NRSRO)

Money Market
Mutual Funds

N/A

20 percent

20% per fund
(SEC Registered)
($1.00 NAV)
Highest rating from NRSRO.

Must also comply with Govt.

Code 53601(l) and 53601.6 (b)
and the weighted average to
maturity is less than 180 days.

Repurchase
Agreements*

92 Days

20 percent

20%
Signed security loan agreement
on file. Underlying securities
maintained at 102% of original
value. Reverse repurchase
agreements are specifically not
authorized under the Policy.

Supranational
Securities

5 Years

20 percent

10 % per issuer
United States dollar
denominated senior
unsecured unsubordinated
obligations issued or
unconditionally guaranteed
by the International Bank
for Reconstruction and
Development,
International Finance
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Corporation, or Inter-
American Development
Bank; rated AA or better
by two NRSROs.

Medium Term
Corporate Notes

5 Years

30 percent

5% of portfolio
Rated “A-” or better by a
nationally recognized rating
service. Code 53601 (k).
* Denotes a collateral requirement either initially, or at a pre-determined threshold. Please refer to Collateral section of the Policy for specific requirements.

Ratings and Rating Agencies
When possible, two ratings should be obtained to determine if an investment meets the Policy’s quality standard. Currently under this Policy, only Standard and Poor’s (S&P) and Moody’s Investor Service (Moody’s) are recognized investment ratings providers, and the City has established the following minimum standards to be applied at time of purchase and for reporting purposes:

Investment Type: Standard & Poor’s Moody’s

Banker’s Acceptances A1 P1
Commercial Paper A1 P1
Certificates of Deposit AA- Aa3
Money Market Mutual Funds AAA Aaa
Medium Term Corporate Notes A- A3
Supranational Securities AA Aa2
Repurchase Agreement – Provider AA Aa

Prohibited Investments
State and Federal laws notwithstanding, any investment not specifically described herein including, but not limited to, reverse repurchase agreements, derivatives, options, futures, zero coupon bonds, inverse floaters, range notes, first mortgages or trust deeds, collateralized mortgage obligations (CMO’s), limited partnerships, real estate investments trusts (REIT’s), open-end mutual funds, closed-end mutual funds, mutual funds with a weighted average maturity greater than 180 days, unregulated and/or uninsured investment pools, common stock, preferred stock, commodities, precious metals, securities with high price volatility, limited marketability (less than three active bidders), securities that may default on interest payments, and any other speculative investment deemed inappropriate under the Prudent Investor standard are strictly prohibited. In addition, any investment transaction that might impair public confidence in the Aliso Viejo City government is to be avoided.

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Collateralization
Collateral for Certificates of Deposit (CD) and Negotiated Certificates of Deposit (NCD) must comply with Government Code, Chapter 4, Bank Deposit Law Section 16500 et seq. and the Savings and Loan and Credit Union Deposit Law Government Code Section 16600 et seq.

In addition, if the CD is not FDIC insured or goes over the FDIC $250,000 limit, collateral is required equal to 100 percent of principal.

Collateral for Repurchase Agreements shall be 102 percent of market value of principal and accrued interest. Collateral can be either US Treasury securities or Federal Agency securities.

This will provide an addition level of security due to inevitable changes in market conditions.

Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted within the parameters and constraints of this Policy.

Investment Pools
Government sponsored investment pools (Pools) are permitted under California Government Code Section 53601 et seq. and are an excellent short-term investment option for cash management facilities. These pools can provide safety, liquidity, and yield in a single diversified investment. However, thoughtful investigation and due diligence are required both initially at time of purchase and on an ongoing basis with analysis to determine that the investment pool is being managed in a manner consistent with the objectives of the Policy. The following guidelines include, but are not limited to:
 The Pool shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or shall be insured by a municipal insurance corporation.  The Pool marks to market weekly at a minimum.
 The Pool provides comprehensive, timely monthly reports which include detailed transaction listings, report realized and unrealized gains and losses, provide accurate market values for each security, provide quality rating for individual securities, take delivery DVP, provide third party safekeeping of all investments, and for whom an audit is conducted annually by an independent auditor with no relationship to the Pool.

Money Market Mutual Funds
Money market mutual funds provide another safe, liquid, and diversified investment option for the City’s surplus capital. However, certain conditions need to be met both initially and on an ongoing basis. The money market may only invest in US Government securities permitted under this policy and under California Government Code Section 53601 et seq. with final stated maturities of one year or less “Government Money Market Funds.” In order to be an eligible money market investment under this section, the primary objective of the money market, as stated in the funds’ prospectus, is to maintain a constant $1.00 Net Asset Value (NAV). The following additional guidelines include, but are not limited to:
 The money market only invests in US Government securities, and the weighted average maturity of the portfolio is less than 180 days. 205
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 The fund shall be registered with the SEC.
 The money market shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations and shall maintain these ratings for the duration of the investment.

Maturity Limits
The longer the maturity of securities, the greater the market volatility. Therefore, the maximum maturity limit for any given security in the investment portfolio shall not exceed five (5) years.

It is also important to note that specific investments, detailed under the “Authorized and Suitable Investments” section, may be restricted to a shorter maturity.

The weighted average life of the portfolio may not exceed three (3) years in duration.

Maturities will be selected based on a sufficiently detailed cash flow projection that facilitates selecting investment maturity dates to approximately match the projected dates of budgeted expenditures. Once cash flow needs are matched, maturities are selected based on a “laddering strategy” and the shape of the yield curve.

Extensions in the maximum maturity and average weighted life of the portfolio must be supported by detailed cash flow forecasts demonstrating the adequacy of cash from maturing assets to meet one hundred twenty-five percent (125%) of monthly expenditures for each prospective quarter, ending with the current maximum including capital expenditures funded on a pay-as-you-go basis. Recommendations to extend maturities must be reviewed and approved by the City Manager and City Council.

Qualifications for Financial Institutions and Broker/Dealer’s If the City does not utilize a SEC registered external investment advisor, the Treasurer will maintain a list of qualified financial institutions and broker/dealers authorized to transact business with the City and incorporate herein as Appendix “B”.

If the City utilizes a SEC registered external investment advisor, the advisor shall maintain a list of authorized broker-dealers and complete the appropriate due diligence required by the SEC. The external investment advisor may use its own list of approved broker/dealers and financial institutions for investment purposes on behalf of the City. The investment advisor shall submit the list of approved broker/dealers to the Finance Director/City Treasurer on an annual basis. The Finance Director/City Treasurer may restrict the use of a broker/dealer which may be deemed unsuitable.

The financial entities eligible to transact investment business with the City are:

I. Federal Reserve Bank:

Direct purchase of U.S. Treasury Bills, Notes, and Bonds using primary government dealers as designated by the Federal Reserve are exempt from quality requirements and are encouraged due to commission or mark-up discounts.

II. Nationally or State Chartered Banks, Savings and Loans, and Credit Unions:

The City may purchase investments offered from Banks, Savings and Loans, and Credit Unions provided the institutions are:
 Nationally or State Chartered Institutions.
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 Registered as investment securities dealers.
 Ranked in the top 15 percent of institutions within their respective peer group.  The signatures of two individuals shall be required for the opening and closing of any bank account (the Treasurer, City Manager, Mayor, or Mayor Pro Tem).

The Accounting Officer, who is independent of the investment function, shall keep a record of all opened and closed accounts. On an annual basis, the Accounting Officer shall provide a list of accounts to the independent auditor.

III. Broker/Dealers:

The City will purchase investments from primary dealers whenever possible. However, if an investment deemed appropriate for the portfolio is not available through the primary market, then the Treasurer may use an authorized broker/dealer from the pre-approved list of broker/dealers on record.

For a broker/dealer to be considered for placement on the pre-approved list, they must comply with the following:
 Primary or Regional dealers that qualify for SEC Rule 15c3-1  Provide audited financial statements from the two most frequent years  A statement certifying that the institution has reviewed the City’s Investment Policy and California Government Code Section 53600 et seq. and that all securities offered to the City shall comply fully with all provisions of the Policy and the California Government Code.
 The signatures of two individuals shall be required for the opening and closing of any broker/dealer account (the Treasurer, City Manager, Mayor or Mayor Pro Tem). The Accounting Officer, who is independent of the investment function, shall keep a record of all opened and closed accounts. On an annual basis, the Accounting Officer shall provide a list of accounts to the independent auditor.
 Settlement of securities traded through qualified broker/dealers shall occur trade date plus one or two days (depending upon security type), the current industry standard. New issue securities may have longer settlements, but none shall be greater than three weeks.

The Treasurer is responsible for ensuring that settlement occurs in a timely matter and that execution confirmations reflect accurate trade data. In addition, investment transactions are required to be Delivery v. Payment (DVP).

Diversification Guidelines and Risks
The City recognizes diversification is an investment strategy that will mitigate risk in the investment portfolio. The City’s investment portfolio shall be diversified to avoid incurring unreasonable and avoidable risks with regard to specific investment types. Within investment types, the City shall also maintain a mix of securities to avoid concentrations within individual financial institutions, geographic areas, industry types, and maturities.

The City will only invest in fixed rate, fixed maturity securities and, with the exception of U.S.

Treasury securities or the Local Agency Investment Fund (LAIF), no more than 60 percent of the investment portfolio shall be invested in any single investment type or financial institution. 207
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Safekeeping and Custody
All security transactions, including collateral for repurchase agreements and certificates of deposit, shall be transacted on a Delivery vs. Payment (DVP) basis. This means that the securities shall be delivered to the City or the City’s designated custodian upon receipt of payment by the City.

All securities that may be purchased, including collateral, shall be held by a third-party custodian designated by the Treasurer whenever possible. These securities shall be held in the City’s name and control, and the third-party custodian shall be evidenced by safekeeping receipts. The third-party custodian shall send the City, on a monthly basis, a summary of safekeeping assets, and this statement shall be reconciled to the City’s records on a monthly basis. Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings.

Performance Standards and Evaluation
Investment performance is continually monitored and evaluated by the City Treasurer.

Investment activity reports are generated on a monthly basis for presentation to the City Manager and City Council.

The weighted average maturity of the pooled portfolio shall not exceed three years and shall be designated to attain a market average rate of return. The market average rate of return will be determined by a custom benchmark that represents the prominent and persistent characteristics of the portfolio.

An annual audit of the City’s Investment Policy, practices, procedures, and portfolio status will be conducted by an independent auditor of all items including, but not limited to, items specified in the Audit Checklist provided in the City’s Procedure Manual. The auditor will provide the City Manager and City Council with written observations and recommendations regarding the adequacy of investment controls.

Qualifications and Continuing Education
The City Treasurer shall be a City employee or contract employee. The Treasurer shall be selected on the basis of educational background and experience relevant to the Treasury function.

The City recognizes the need for and is committed to providing ongoing education specific to the investment function for the Treasurer and other City staff and officials involved in the investment process.
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Appendix A

GLOSSARY OF TERMS
Accrued Interest - Interest earned but not yet received.

Active Deposits - Funds which are immediately required for disbursement.

Agencies - Federal agency securities and/or Government-sponsored enterprises.

Amortization - An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time.

Asking Price - The price a broker/dealer offers to sell securities. See Offer Bankers' Acceptance (BA) - A “draft” or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

Basis Point - One basis point is one hundredth of one percent (.01).

Bear Market - A period of generally pessimistic attitudes and declining market prices.

Bid - The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer.

Bond - A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.

Book Value - The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or plus accretion of discount.

Broker - A broker brings buyers and sellers together for a commission.

Bull Market - A period of generally optimistic attitudes and increasing market prices.

Callables - Securities that the issuer has the right to redeem prior to maturity.

Certificate of Deposit - A time deposit with a specific maturity, evidenced by a certificate.

Large-denomination CD's are typically negotiable. CD's may be eligible for FDIC insurance.

Collateral - Securities, evidence of deposit, or pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposit of public moneys.

Commercial Paper - Short-term, unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing.

Comprehensive Annual Financial Report (CAFR) - The official annual financial report for the City. It includes government-wide and fund financial statements prepared in conformity with Generally Accepted Accounting Principals (GAAP).

Constant Maturity Treasury (CMT) - An average yield of a specific Treasury maturity sector for a specific time frame, or an index of the average yield on United States Treasury securities adjusted to a constant maturity. This is a market index for reference of past direction of interest rates for the given Treasury maturity range.

Coupon - The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.

Credit Analysis - A critical review and appraisal of the economic and financial conditions or of the ability to meet debt obligations.
209
Appendix A

GLOSSARY OF TERMS (continued)
Current Yield - The interest paid on an investment expressed as a percentage of the current price of the security.

Custody - A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, to buy, sell, receive, and deliver securities when ordered to do so by the principal.

Debenture - A bond secured only by the general credit of the issuer.

Delivery v. Payment (DVP) - Delivery of securities with a simultaneous exchange of payment for the securities.

Demand Deposit Account - Accounts whose balance is available to meet immediate cash needs (maturities up to 7 days).

Derivatives - (1) Financial instruments whose return profile is linked to, or derived from, the security and may include a leveraging factor, or (2) financial contracts based upon notional amount whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities, or commodities).

Discount - The difference between the cost of a security and its value at maturity when quoted at lower than face value.

Discount Securities - Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U. S. Treasury Bills.

Diversification - Dividing investment funds among a variety of securities offering independent return and risk profiles.

Duration - The weighted average maturity of a bond's cash flow stream, where the present value of the cash flows serves as the weights; the future point in time at which, on average, an investor has received exactly half of the original investment in present value terms; a bond's zero-coupon equivalent; the fulcrum of a bond's present value cash flow time line.

Fannie Mae - Trade name for the Federal National Mortgage Association (FNMA).

Federal Credit Agencies - Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g., Savings and Loans, small business firms, students, farmers, farm cooperatives, and exporters.

Federal Deposit Insurance Corporation (FDIC) - Insurance provided to customers of a subscribing bank, which guarantees deposits to a set limit (currently $100,000) per account.

Federal Funds Rate - The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

Federal Home Loan Banks (FHLB) – Government-sponsored wholesale banks which lend funds and provide correspondent banking services to member commercial banks, thrifty institutions, credit unions, and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. 210
Appendix A

GLOSSARY OF TERMS (continued)
Federal Home Loan Mortgage Corporation (FHLMC) - The FHLMC was created under the Federal Home Loan Mortgage Act, Title III of the Emergency Home Finance Act of 1970 as a stockholder-owned government-sponsored enterprise. Freddie Mac, as the corporation is called, is charged with providing stability and assistance to the secondary home mortgage market by buying first mortgages and participation interests and reselling these securities in the form of guaranteed mortgage securities. Although agency obligations are not explicitly guaranteed by the federal government, the rating agencies believe that in the unlikely event of financial difficulties, the federal government will support the agency to the extent necessary to provide for full and timely payment on their securities.

Federal National Mortgage Association (FNMA) - FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD).

It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

Federal Open Market Committee (FOMC) - Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

Federal Reserve System - The central bank of the U. S. which consists of a seven-member Board of Governors, 12 regional banks, and 5,700 commercial banks that are members.

Fed Wire - A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system.

Freddie Mac - Trade name for the Federal Home Loan Mortgage Corporation (FHLMC).

Ginnie Mae - Trade name for the Government National Mortgage Association (GNMA).

Government National Mortgage Association (GNMA) - Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by the full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FmHA mortgages. The term "pass-throughs" is often used to describe Ginnie Maes.

Inactive Deposits - Funds not immediately needed for disbursements.

Interest Rate - The annual yield earned on an investment, expressed as a percentage.

Investment Agreements - An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity, and interest rates.
211
Appendix A

GLOSSARY OF TERMS (continued)
LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period, and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $75,000,000 for any agency. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. California Government Code §16429.3 states, in part:
"money placed with the State Treasurer for deposit in the Local Agency Investment Fund by cities, counties, or special districts shall not be subject to impoundment or seizure by any state official or state agency."

Liquidity - Refers to the ability to rapidly convert an investment into cash with minimal risk of losing some portion of principal and/or interest.

Local Government Investment Pool (LGIP) - The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

Market Value - The price at which a security is trading and could presumably be purchased or sold.

Master Repurchase Agreement - A written contract covering all future transactions between the parties to repurchase and/or reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower.

Maturity - The date upon which the principal or stated value of an investment becomes due and payable.

Medium Term Corporate Notes - Unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium term corporate notes can be defined as extended maturity commercial paper. Local agencies are restricted by the Government Code to investments in corporations rated in the top three note categories by Moody's Investors Service, Inc., and/or Standard and Poor's Corporation. For medium term notes, eligible purchases consist of instruments that have a rating of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation.

Money Market - The market in which short-term debt instruments (bills, commercial paper, banker's acceptances, etc.) are issued and traded.

Negotiable Certificates of Deposit - Unsecured obligations of the financial institution, or bank, bought at par value with the promise to pay face value plus accrued interest at maturity.

They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. The primary market issuance is in multiples of $1,000,000; the secondary market usually trades in denominations of $500,000, although smaller lots are occasionally available. As a matter of practice, only the ten largest U.S. banks where there is a secondary market established for continued liquidity would be considered for investment. 212
Appendix A

GLOSSARY OF TERMS (continued)
NRSRO - Nationally recognized statistical-rating organization New Issue - Term used when a security is originally "brought" to market.

Offer - The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asking Price and Bid.

Open Market Operations - Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserve into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool.

Paper Gain or Loss - Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.

Perfected Delivery - Refers to an investment where the actual security or collateral is held by an independent third party representing the purchasing entity.

Portfolio - Collection of securities held by an investor.

Primary Dealer - A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its informal oversight.

Prudent Person Rule - An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state - the so-called legal list. In other states, the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

Purchase Date - The date in which a security is purchased for settlement on that or a later date.

Qualified Public Depositories - A financial institution that does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return - The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

Repurchase Agreement (RP or REPO) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, or increasing bank reserves.
213
Appendix A

GLOSSARY OF TERMS (continued)
Reverse Repurchase Agreement (Reverse REPO) - A transaction where the seller (City) agrees to buy back from the buyer (bank) the securities at an agreed upon price after a stated period of time.

Risk - Degree of uncertainty of return on an asset.

Safekeeping - See Custody.

Secondary Market - A market made for the purchase and sale of outstanding issues following the initial distribution.

Securities and Exchange Commission - Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC Rule 15(C)3-1 - See Uniform Net Capital Rule.

Settlement Date - The date on which a trade is cleared by delivery of securities against funds.

Spread - a) The yield or price difference between the bid and offer on an issue; b) the yield or price difference between different issues.

Structured Notes - Notes issued by government-sponsored enterprises (FHLB, FNMA, etc.) and corporations that have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) in their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options, and shifts in the shape of the yield curve.

Supranational - A supranational entity is formed by two or more central governments with the purpose of promoting economic development for the member countries. Supranational institutions finance their activities by issuing debt, such as supranational bonds. The three U.S. based supranationals are International Bank for Reconstruction and Development, the International Finance Corporation, and the Inter-American Development Bank.

Swap - The sale of one issue and the simultaneous purchase of another for some perceived advantage.

Treasury Bills - A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

Treasury Bonds - Long-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities of more than ten years.

Treasury Notes - Medium-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities from two to ten years.

Uniform Net Capital Rule - Securities and Exchange Commission requirement that member firms, as well as nonmember broker-dealers in securities, maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

U.S. Government Agencies - Instruments issued by various U.S. Government Agencies, most of which are secured only by the credit worthiness of the particular agency.

Yield - The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security. 214
Appendix A

Yield to Maturity - The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage. 215
Appendix B

QUALIFIED BROKER/DEALERS

The City uses a SEC registered external investment advisor and does not currently have a list of Qualified Broker/Dealers.
216
Appendix C

ADMINISTRATIVE POLICY

Investment Guidelines, Strategy, and Internal Control

217

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

1 of 4

PURPOSE

The purpose of this policy is to establish a framework for the investment of surplus City funds within the established internal control procedures for treasury functions.

POLICY

INVESTMENT GUIDELINES AND STRATEGY

GUIDELINES

1. Investment Transaction - Every investment transaction must be authorized and reviewed by the Director of Finance/City Treasurer or his/her designee.

2. Pooled Cash - Whenever practical, local agency cash is consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated monthly according to month-end cash and investment balances for each fund.

3. Competitive Bids - Purchases and sales of securities are made on the basis of competitive offers and bids.

4. Cash Forecast - The cash flow for the City is analyzed with the receipt of revenues and maturity of investments scheduled so that adequate cash will be available to meet disbursement requirements.

5. Investment Limitations - Security purchases and holdings are maintained within statutory limits imposed by the California Government Code.

6. Liquidity - The marketability of a security is considered at the time of purchase, as the security may have to be sold at a later date to meet unanticipated cash demands.

7. Diversification - The portfolio should consist of various types of securities, issuers, and maturities.

STRATEGY

1. Economic Forecasts - Economic Forecasts are obtained periodically from economists and financial experts through bankers and brokers to assist the Director of Finance/City Treasurer or his/her designee with the formulation of an investment strategy for the local agency.

2. Implementing Investment Strategy - Investment transactions are executed to conform to anticipated interest rate trends and the current investment strategy plan.
218

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

2 of 4

3. Rapport - A close working relationship is maintained with public works, city staff, and large vendors of the city.

The objective is to pinpoint when large disbursements will clear the City's bank account. It is essential for good cash control that such large expenditures be anticipated, estimated as to dollar amount, and communicated to the Director of Finance/City Treasurer or his/her designee for liquidity planning purposes.

4. Preserve Portfolio Value - Field standards are developed in order to maintain earnings near the market and to preserve the value of the portfolio.

INTERNAL CONTROL

I. OBJECTIVES OF INTERNAL CONTROL

1. To effectively and efficiently conduct business, including adherence to financial and management policies.

2. Safeguarding its assets and prevention or detection of errors and fraud.

3. Timely preparation of accurate and reliable financial information.

4. Compliance with applicable laws and regulations.

II. COMPONENTS OF INTERNAL CONTROL

1. Control Environment - The control environment is the set of standards, processes, and structures that provides the basis for carrying out internal control across the organization. Management establishes the tone at the top regarding the importance of internal control, including expected standards of conduct, organizational structure, and assignment of authority and responsibility.

2. Risk Assessment - Risk assessment involves a dynamic process for identifying and analyzing risks in achieving the entity’s objectives. Risk assessment requires management to consider the impact of possible changes in the internal and external environment that may render established internal controls ineffective.

3. Control Activities - Control activities are the actions established through policies and procedures to ensure that management’s directives to mitigate risks are achieved. Segregation of duties is typically built into the development of control activities and may include authorizations, verifications, reconciliations, and reviews.

4. Communication - Communication occurs both internally and externally and provides the organization with the information needed to carry out day-to-day activities.

5. Audits – Audits are the process through which activities can be monitored and evaluated for any internal control deficiencies and communicated to management for taking corrective action. 219

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

3 of 4

III. ELEMENTS OF INTERNAL CONTROL

1. Organization - Responsibility for the performance of duties should be assigned and lines of authority and reporting clearly identified and delineated.

2. Segregation of functions - Segregation of functions reduces the risk for an individual to be able to perpetrate and conceal errors or commit fraud in the normal course of duty. If two parts of a transaction are handled by different individuals, collusion is necessary to conceal errors or commit fraud. Functions that should be considered when evaluating segregation of duties are authorization, execution, recording, custody of assets, and reconciliation.

3. Authorization - All transactions should be approved by an authorized individual. The responsibilities and limits of authorization should be clearly delineated. The individual or group authorizing a specific transaction or granting general authority for transactions should be in a position commensurate with the nature and significance of the transactions.

4. Controls over an accounting system - Controls over an accounting system include the procedures, both manual and computerized, carried out independently to ascertain that transactions are complete, valid, authorized, and properly recorded.

IV. LIMITATIONS OF INTERNAL CONTROL
Internal control, no matter how well-designed, implemented, and conducted, can only provide reasonable assurance to management of the achievement of an entity’s objectives. Inherent limitations of internal control may include:

1. Recurring, rather than unusual, types of transactions.

2. Human error due to misunderstanding, carelessness, fatigue, or distraction.

3. Potential for collusion that circumvents controls defined by the segregation of functions.

4. Possibility of a management override of the system, despite an otherwise effective system of internal control. 220

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

4 of 4

SEGREGATION OF RESPONSIBILITIES FOR TREASURY FUNCTIONS

Function Responsibility _

1. Formal investment policy should be
* Prepared by Director of Finance/City Treasurer
* Approved by City Council

2. Develop Investment Strategy Director of Finance/City Treasurer or Registered Investment Advisor

3. Receive quotes and recommend investments for purchase Director of Finance/City Treasurer,

4. Approve investment transactions Director of Finance/City Treasurer, City Manager

5. Execute investment transactions Director of Finance/City Treasurer

6. Approve investment transactions for compliance with Director of Finance/City Treasurer or Investment policy and/or State Law Registered Investment Advisor

7. Record investment transactions in the City’s financials Accountant

8. Verify investment Director of Finance/City Treasurer i.e., match broker confirmation to City records Senior Accountant or Accountant

9. Confirm LAIF and Bank Wires Director of Finance/City Treasurer Senior Accountant or Accountant

10. Safeguard assets and records:
* Reconciliation of City’s records to bank statements Senior Accountant or Accountant and safekeeping of records
* Annual review of (a) financial institution's financial condition, Director of Finance/City Treasurer, and (b) safety, liquidity, and potential yields of investment City Manager instruments

11. Annual review of investment portfolio External Independent Auditors The segregation of responsibilities as outlined herein is intended to enhance the City’s internal controls over treasury functions. It should be noted that from time to time, due to the limited size of the Financial Services staff, segregation of responsibilities may be amended in order to fulfill the business needs of the organization. 221
City of Aliso Viejo 2025-26 Investment Policy Page i
EXHIBIT “A”

CITY OF ALISO VIEJO

STATEMENT OF INVESTMENT POLICY
FOR FISCAL YEAR 202026-2725-26
AS ADOPTED June 178, 20252026

CITY COUNCIL

Mayor Tiffany AckleyMax Duncan
Mayor Pro Tem Max DuncanMike Munzing
Council Member Richard HurtTiffany Ackley
Council Member Mike MunzingGarrett Dwyer
Council Member Tim Zandbergen

222
City of Aliso Viejo 2025-26 Investment Policy Page ii

TABLE OF CONTENTS

Statement of Investment Policy 1
Objectives 1
Scope of Funds 2
Prudent Investor Standard 2
Investment Philosophy 2
Delegation of Authority 3
Public Trust 3
Ethics and Conflicts of Interest 3
Internal Investment Controls 4
Investment Policy Adoption 5
Indemnification of Investment Officials 5
Investment Portfolio Compliance 5
Reporting 6
Authorized and Suitable Investments 6
Ratings and Rating Agencies 8
Prohibited Investments 8
Collateralization 9
Investment Pools 9
Money Market Mutual Funds 9
Maturity Limits 10
Qualifications for Financial Institutions and Broker/Dealer’s 10 Diversification Guidelines and Risks 11
Safekeeping and Custody 12
Performance Standards and Evaluation 12
Qualifications and Continuing Education 12
APPENDIX A: Glossary of Terms
APPENDIX B: Qualified Broker/Dealers
APPENDIX C: Administrative Policy: Investment Guidelines, Strategy, and Internal Control
223

Page 1 ends

Statement of Investment Policy
This Statement of Investment Policy (“Policy”), as set forth by the City of Aliso Viejo (“City”), provides the guidelines for prudent investment of the City’s idle or reserve cash and outlines the policies essential to ensuring the safety and financial strength of the City’s investment portfolio.

This Policy is based on the principles of prudent money management and conforms to all applicable Federal and State Laws governing the investment of public funds. In instances in which the Policy is more restrictive than Federal or State Law, the Policy will supersede.

Objectives
It is the policy of the City to invest public funds in a manner which will provide for the preservation of capital while meeting the daily cash flow requirements of the City and attaining a market average rate of return within an acceptable and defined level of risk.

The Policy has three primary objectives, in order of priority:

1. Preservation of Capital (Safety) – the protection of principal is the foremost consideration when undertaking investment decisions that affect public funds. The objective is to mitigate credit risk and interest rate risk.

Credit Risk
Credit Risk is the risk of loss of principal due to the failure of the security issuer.

Credit Risk can be mitigated by:
 Limiting investments to the safest types of securities.  Pre-qualifying accountants, auditors, financial institutions, broker/dealers, financial advisors, and other outside consultants with which the City does business.  Diversifying the investment portfolio so that potential losses are minimized.

Interest Rate Risk
Interest rate risk is the risk that the market value of securities will fall due to a rise in general market interest rates. It is the policy of the City to hold individual securities to maturity in an effort to meet liquidity demands. Interest rate risk can be mitigated by:
 Holding individual securities to maturity - Structuring the investment portfolio so that securities mature to meet cash flow requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity.  Employing a laddering strategy whereby staggering maturities of individual securities so that bonds come due in increments, assuring an overall liquidity pattern.
 Limiting maturities of individual securities and the average maturity of the overall portfolio.

224
City of Aliso Viejo 2025-262026-27 Investment Policy Page 2

2. Liquidity – the investment portfolio shall remain sufficiently liquid to meet all daily cash flow and operating requirements that may be reasonably expected or anticipated.

3. Return or Yield – attain a rate of return consistent with the primary objectives of safety and liquidity, throughout budgetary and economic cycles.

Scope of Funds
The investment policy applies to all financial assets and investment activities of the City, except for proceeds of debt issuance. Debt proceeds shall be invested in accordance with the “Permitted Investments” provisions for each specific bond indenture.

The Policy applies to the following funds and is accounted for in the City’s annual audited financial statements.

A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Funds
E. Enterprise Funds
F. Internal Service Funds
G. Agency Funds

Prudent Investor Standard
The standard to be used by investment officials shall be that of a “prudent person” and shall be applied in the context of managing all aspects of the City’s investment portfolio The Prudent Investor Standard:

Governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of sections 16429.1 and 53600 through 53684 of the California Government Code and considering individual investments as a part of an overall strategy, a trustee is authorized to acquire investments as authorized by law.

Investment Philosophy
It is the investment philosophy of the City to make investment decisions based on an overall passive management style that embodies a prudent investor standard and such that investments are purchased to generally match expected future cash outflows and with the intent to hold until maturity.

Accordingly, the City’s conservative philosophy prohibits active trading and speculation; i.e., the purchase of securities with the intent to profit from favorable market changes in market prices or market conditions. Leveraging or borrowing money for the purpose of investing is specifically prohibited. However, the City may elect to sell a security prior to its maturity and 225
City of Aliso Viejo 2025-262026-27 Investment Policy Page 3 record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or City needs.

Delegation of Authority
The City’s Resolution No. 2003-018 appoints the Director of Financial Services to also serve as City Treasurer. The Treasurer, or his or her designee, has the authority to manage the City’s investment portfolio in accordance with California Government Code Sections 53600 and 53630 et seq. and all related State and Federal laws.

The Treasurer will provide prior written notification to the City Manager and City Council regarding the designation of responsibilities.

The Treasurer shall establish written procedures for the operation and management of the City’s investment portfolio consistent with this investment policy. The procedures should include reference to safekeeping, repurchase agreements, wire transfer agreements, banking service contracts, collateral or depository agreements, competitive bid process, and due diligence. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction, except as provided under the terms of this policy and the investment procedures established by the Treasurer and approved by the City Manager.

The City may also engage Securities and Exchange Commission registered external investment advisor to manage the City’s investment program.

Public Trust
All participants in the investment process shall act as custodians of public funds. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation.

The overall program shall be designed and managed with a degree of professionalism that is worthy of public trust. In a diversified portfolio, it must be recognized that occasional measured losses are inevitable and must be considered in the context of the overall portfolio’s investment return, provided that adequate diversification has been implemented.

Ethics and Conflicts of Interest
Elected officials and employees of the City involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions under the Political Reform Act and Government Code Section 1090 et seq. Elected officials and employees shall disclose to the City Manager any material interests in financial institutions that conduct business with the City, and they shall further disclose any personal investment position or financial asset that could be related to the performance of the City’s investment program.

Elected officials and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales.

Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, Government Code Section 81000 et seq. and CA Code of Regulations 18110 et seq. and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule, or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses, or agents. 226
City of Aliso Viejo 2025-262026-27 Investment Policy Page 4 All persons, firms, broker/dealers, financial institutions, and advisors providing investment services or bond issue assistance shall disclose to the City Manager and the Treasurer all fee sharing, fee-splitting, and commission arrangements with other entities or persons prior to the City agreeing to buy an investment or issue bonds.

Internal Investment Controls
The Treasurer will implement and maintain a system of internal investment controls and segregate responsibilities of investment functions in order to prevent fraud, theft, loss of principal, loss of control over funds, inaccurate reporting, and negligence.

The Treasurer will assign designee(s) to assist in carrying out these functions and will establish an Oversight Reviewer function that may be carried out by a designated member of staff, independent individuals, or independent expert contractor to perform specified tasks.

In addition to the specified requirements placed on investment types, quality, maturity, and diversification, further controls will include:
 Safekeeping of Securities
To protect against losses caused by the collapse of individual securities dealers, all securities owned by the City are required to be held by a third-party safekeeping institution. Third-party safekeeping institutions may not act as custodians for any securities which that institution has issued or sold to the City.

Collateral must be held at safekeeping, as defined in the Safekeeping and Custody section of the Policy.

Payment procedures for all securities transactions will be Delivery v. Payment (DVP)  Competitive Bidding of Investments
The City’s investment procedures require that approved broker/dealers compete for investment purchases and sales in order for the City to obtain the highest yield available in the market and to ensure that investment transactions are free from favoritism.

Qualified Bids will be required for purchase of all investment transactions. The Treasurer shall select the best bid and is required to keep a record of each investment transaction. The Treasurer will rotate the purchase of investments among the pool of qualified broker/dealers.

If the City utilizes an external investment advisor, the advisor shall send its approved list of broker/dealers to the City annually and follow its policies and procedures for competitive bidding.
 Annual Management Review and Audit
An annual audit of the City’s Investment Policy, practices, procedures, and portfolio status will be conducted by an independent auditor of all items including, but not limited to, items specified in the Audit Checklist provided in the City’s Procedure Manual. The auditor will provide the City with written observations and recommendations regarding the adequacy of investment controls.  Segregated Investment Execution, Recordkeeping and Reporting An independent member of City staff will record the Treasurer’s investment records or confirmations to the City’s general ledger. In addition, independent staff will 227
City of Aliso Viejo 2025-262026-27 Investment Policy Page 5 perform the monthly reconciliation of bank, broker/dealer, and safekeeping confirmations.
 Secondary Approval Required
The City Manager will review and approve the establishment of investment accounts, broker/dealer, and financial institution relationships and any agreements or contracts related to investments or investment related activity.
 Wire Transfer Controls
All City wire transfers will be executed in accordance with a written agreement specifying control procedures required for wire transfers of funds, including the establishment of repetitive wires to pay for securities transactions with approved securities dealers as well as any other routine money transfers. All other non-repetitive wires require City Manager approval prior to release.

Investment Policy Adoption
The City Council’s primary responsibilities over the investment function includes establishing investment policies, annually reviewing such policies, appointing a City Treasurer, reviewing monthly investment reports issued by the Treasurer, authorizing bond documents and financing transactions, and adopting recommended changes to the City’s Investment Policy as necessary.

The City’s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved the City Council.

Indemnification of Investment Officials
Any investment officer exercising his/her authority with due diligence, prudence, and care and in accordance with the Investment Policy and all written procedures shall be relieved of personal responsibility and liability for an individual security’s losses or losses incurred by the portfolio. However, any investment officer also bears the responsibility of reporting deviations from expectations in a timely manner to City Council and appropriate action is taken to control adverse developments and mitigate loss of principal.

Investment Portfolio Compliance
Should the portfolio, for any reason, fall out of compliance with this Investment Policy, immediate liquidation of securities in order to bring the portfolio back into compliance will not be required. However, the Treasurer must take action to bring the portfolio into compliance within 12 months from the date the portfolio was determined to be in non- compliance with the provisions of this Investment Policy. Additionally, adequate disclosure of all instances of noncompliance, and the efforts undertaken to bring the portfolio into compliance, must be made on the monthly Treasurer’s Report. 228
City of Aliso Viejo 2025-262026-27 Investment Policy Page 6 Reporting
The Treasurer shall submit a “Monthly Treasurer’s Report” to the City Manager and City Council within 60 days following the last day of the month to be agendized for official action at a regular Council meeting thereafter. These reports shall disclose information relevant to the risk characteristics of the City’s investment portfolio and shall include the following information:

Monthly Treasurer’s Report
A. Cash receipts, disbursements, and balances in total.

B. A summary of the investment portfolio.

C. An asset list showing the issuer, type of investment, par value, maturity date, and interest rate.

D. Average rate of return on the City’s investment portfolio.

E. Maturity aging grouped by type of investment.

F. Diversification of the investment portfolio.

G. A listing of individual investment transactions during the month, as required by Government Code section 53607.

H. A statement of ability to meet upcoming operating expenses and spending requirements for the next six months.

I. A statement of compliance with the Investment Policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio, and a timetable for resolution.

Annual Report
The annual report will be prepared by the City Treasurer and submitted to the City Manager each fiscal year to ensure consistency. The annual report will include an overall analysis of the portfolio and shall suggest policies and improvements to enhance the City’s investment program. These enhancements will be annually considered by City Council and the authority to amend the Policy rests with City Council.

Authorized and Suitable Investments
Investment of City funds is governed by the California Government Code Sections 53600, 53601, 53601.5, 53601.6, 53635, and 53635.5 et seq. Within the context of the limitations, the following investments are authorized, as further limited herein:
229
City of Aliso Viejo 2025-262026-27 Investment Policy Page 7 Matrix of Suitable Investment Options and Restrictions
Investment Type: Maximum
Maturity:

Maximum
percentage of
Portfolio:

Maximum Par Value
per Issuer:

Credit Quality and
Requirements:

U.S. Treasury
Bills, Notes and
Bonds

5 Years

100 percent

N/A Explicit Full Faith and Credit
Guarantee of United States
Government

Federal Agency
Obligations

5 Years 60 percent
35% per agency

Implied Guarantee of the United
States Government
Bankers’
Acceptances
(BA’s)

180 Days

20 percent

5% per issuer
Domestic banks only - deemed
eligible for purchase by the
Federal Reserve Bank

Certificates of
Deposit or Time
Deposits*
(CD’s)

5 Years

30 percent

5% per issuer
Senior debt only from top 15
percent of peer group rated
banks, savings & loans and credit
unions. Defined by Section 5102
of the Financial Code.

Negotiable
Certificates of
Deposit

5 Years

30 percent

$250,000
Brokered CD’s insured by FDIC
for a maximum of $250,000 per
issuer.

Local Agency
Investment Fund
(LAIF)

N/A

100 percent

$75,000,000
(per entity)
Treasurer will review investment
policies and practices to
determine if consistent with the
Policy

Commercial Paper

270 397
Days

20 percent

5% of portfolio
Highest letter and number rating
as provided for by a nationally
recognized statistical-rating
organization (NRSRO)

Money Market
Mutual Funds

N/A

20 percent

20% per fund
(SEC Registered)
($1.00 NAV)
Highest rating from NRSRO.

Must also comply with Govt.

Code 53601(l) and 53601.6 (b)
and the weighted average to
maturity is less than 180 days.

Repurchase
Agreements*

92 Days

20 percent

20%
Signed security loan agreement
on file. Underlying securities
maintained at 102% of original
value. Reverse repurchase
agreements are specifically not
authorized under the Policy.

Supranational
Securities

5 Years

20 percent

10 % per issuer
United States dollar
denominated senior
unsecured unsubordinated
obligations issued or
unconditionally guaranteed
by the International Bank
for Reconstruction and
Development,
International Finance
Commented [TD1]: This change became effective in CA
code53635(a) on Jan 1, 2026
230
City of Aliso Viejo 2025-262026-27 Investment Policy Page 8 Corporation, or Inter-
American Development
Bank; rated AA or better
by two NRSROs.

Medium Term
Corporate Notes

5 Years

30 percent

5% of portfolio
Rated “A-” or better by a
nationally recognized rating
service. Code 53601 (k).
* Denotes a collateral requirement either initially, or at a pre-determined threshold. Please refer to Collateral section of the Policy for specific requirements.

Ratings and Rating Agencies
When possible, two ratings should be obtained to determine if an investment meets the Policy’s quality standard. Currently under this Policy, only Standard and Poor’s (S&P) and Moody’s Investor Service (Moody’s) are recognized investment ratings providers, and the City has established the following minimum standards to be applied at time of purchase and for reporting purposes:

Investment Type: Standard & Poor’s Moody’s

Banker’s Acceptances A1 P1
Commercial Paper A1 P1
Certificates of Deposit AA- Aa3
Money Market Mutual Funds AAA Aaa
Medium Term Corporate Notes A- A3
Supranational Securities AA Aa2
Repurchase Agreement – Provider AA Aa

Prohibited Investments
State and Federal laws notwithstanding, any investment not specifically described herein including, but not limited to, reverse repurchase agreements, derivatives, options, futures, zero coupon bonds, inverse floaters, range notes, first mortgages or trust deeds, collateralized mortgage obligations (CMO’s), limited partnerships, real estate investments trusts (REIT’s), open-end mutual funds, closed-end mutual funds, mutual funds with a weighted average maturity greater than 180 days, unregulated and/or uninsured investment pools, common stock, preferred stock, commodities, precious metals, securities with high price volatility, limited marketability (less than three active bidders), securities that may default on interest payments, and any other speculative investment deemed inappropriate under the Prudent Investor standard are strictly prohibited. In addition, any investment transaction that might impair public confidence in the Aliso Viejo City government is to be avoided.

231
City of Aliso Viejo 2025-262026-27 Investment Policy Page 9 Collateralization
Collateral for Certificates of Deposit (CD) and Negotiated Certificates of Deposit (NCD) must comply with Government Code, Chapter 4, Bank Deposit Law Section 16500 et seq. and the Savings and Loan and Credit Union Deposit Law Government Code Section 16600 et seq.

In addition, if the CD is not FDIC insured or goes over the FDIC $250,000 limit, collateral is required equal to 100 percent of principal.

Collateral for Repurchase Agreements shall be 102 percent of market value of principal and accrued interest. Collateral can be either US Treasury securities or Federal Agency securities.

This will provide an addition level of security due to inevitable changes in market conditions.

Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted within the parameters and constraints of this Policy.

Investment Pools
Government sponsored investment pools (Pools) are permitted under California Government Code Section 53601 et seq. and are an excellent short-term investment option for cash management facilities. These pools can provide safety, liquidity, and yield in a single diversified investment. However, thoughtful investigation and due diligence are required both initially at time of purchase and on an ongoing basis with analysis to determine that the investment pool is being managed in a manner consistent with the objectives of the Policy. The following guidelines include, but are not limited to:
 The Pool shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or shall be insured by a municipal insurance corporation.  The Pool marks to market weekly at a minimum.
 The Pool provides comprehensive, timely monthly reports which include detailed transaction listings, report realized and unrealized gains and losses, provide accurate market values for each security, provide quality rating for individual securities, take delivery DVP, provide third party safekeeping of all investments, and for whom an audit is conducted annually by an independent auditor with no relationship to the Pool.

Money Market Mutual Funds
Money market mutual funds provide another safe, liquid, and diversified investment option for the City’s surplus capital. However, certain conditions need to be met both initially and on an ongoing basis. The money market may only invest in US Government securities permitted under this policy and under California Government Code Section 53601 et seq. with final stated maturities of one year or less “Government Money Market Funds.” In order to be an eligible money market investment under this section, the primary objective of the money market, as stated in the funds’ prospectus, is to maintain a constant $1.00 Net Asset Value (NAV). The following additional guidelines include, but are not limited to:
 The money market only invests in US Government securities, and the weighted average maturity of the portfolio is less than 180 days. 232
City of Aliso Viejo 2025-262026-27 Investment Policy Page 10  The fund shall be registered with the SEC.
 The money market shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations and shall maintain these ratings for the duration of the investment.

Maturity Limits
The longer the maturity of securities, the greater the market volatility. Therefore, the maximum maturity limit for any given security in the investment portfolio shall not exceed five (5) years.

It is also important to note that specific investments, detailed under the “Authorized and Suitable Investments” section, may be restricted to a shorter maturity.

The weighted average life of the portfolio may not exceed three (3) years in duration.

At a minimum, 10 percent of the portfolio shall remain liquid, accessible on demand by the City without restriction or penalty.

The investment portfolio shall be structured for liquidity purposes; therefore, 35 percent of the portfolio shall mature within 365-days.

Maturities will be selected based on a sufficiently detailed cash flow projection that facilitates selecting investment maturity dates to approximately match the projected dates of budgeted expenditures. Once cash flow needs are matched, maturities are selected based on a “laddering strategy” and the shape of the yield curve.

Extensions in the maximum maturity and average weighted life of the portfolio must be supported by detailed cash flow forecasts demonstrating the adequacy of cash from maturing assets to meet one hundred twenty-five percent (125%) of monthly expenditures for each prospective quarter, ending with the current maximum including capital expenditures funded on a pay-as-you-go basis. Recommendations to extend maturities must be reviewed and approved by the City Manager and City Council.

Qualifications for Financial Institutions and Broker/Dealer’s If the City does not utilize a SEC registered external investment advisor, the Treasurer will maintain a list of qualified financial institutions and broker/dealers authorized to transact business with the City and incorporate herein as Appendix “B”.

If the City utilizes a SEC registered external investment advisor, the advisor shall maintain a list of authorized broker-dealers and complete the appropriate due diligence required by the SEC. The external investment advisor may use its own list of approved broker/dealers and financial institutions for investment purposes on behalf of the City. The investment advisor shall submit the list of approved broker/dealers to the Finance Director/City Treasurer on an annual basis. The Finance Director/City Treasurer may restrict the use of a broker/dealer which may be deemed unsuitable.

The financial entities eligible to transact investment business with the City are:

I. Federal Reserve Bank:

Direct purchase of U.S. Treasury Bills, Notes, and Bonds using primary government dealers as designated by the Federal Reserve are exempt from quality requirements and are encouraged due to commission or mark-up discounts.

II. Nationally or State Chartered Banks, Savings and Loans, and Credit Unions:

Commented [TD2]: Consider removing to align more
closely with CA Code and target as part on the city’s internal plan.
233
City of Aliso Viejo 2025-262026-27 Investment Policy Page 11 The City may purchase investments offered from Banks, Savings and Loans, and Credit Unions provided the institutions are:
 Nationally or State Chartered Institutions.
 Registered as investment securities dealers.
 Ranked in the top 15 percent of institutions within their respective peer group.  The signatures of two individuals shall be required for the opening and closing of any bank account (the Treasurer, City Manager, Mayor, or Mayor Pro Tem).

The Accounting Officer, who is independent of the investment function, shall keep a record of all opened and closed accounts. On an annual basis, the Accounting Officer shall provide a list of accounts to the independent auditor.

III. Broker/Dealers:

The City will purchase investments from primary dealers whenever possible. However, if an investment deemed appropriate for the portfolio is not available through the primary market, then the Treasurer may use an authorized broker/dealer from the pre-approved list of broker/dealers on record.

For a broker/dealer to be considered for placement on the pre-approved list, they must comply with the following:
 Primary or Regional dealers that qualify for SEC Rule 15c3-1  Provide audited financial statements from the two most frequent years  A statement certifying that the institution has reviewed the City’s Investment Policy and California Government Code Section 53600 et seq. and that all securities offered to the City shall comply fully with all provisions of the Policy and the California Government Code.
 The signatures of two individuals shall be required for the opening and closing of any broker/dealer account (the Treasurer, City Manager, Mayor or Mayor Pro Tem). The Accounting Officer, who is independent of the investment function, shall keep a record of all opened and closed accounts. On an annual basis, the Accounting Officer shall provide a list of accounts to the independent auditor.
 Settlement of securities traded through qualified broker/dealers shall occur trade date plus one or two days (depending upon security type), the current industry standard. New issue securities may have longer settlements, but none shall be greater than three weeks.

The Treasurer is responsible for ensuring that settlement occurs in a timely matter and that execution confirmations reflect accurate trade data. In addition, investment transactions are required to be Delivery v. Payment (DVP).

Diversification Guidelines and Risks
The City recognizes diversification is an investment strategy that will mitigate risk in the investment portfolio. The City’s investment portfolio shall be diversified to avoid incurring unreasonable and avoidable risks with regard to specific investment types. Within investment types, the City shall also maintain a mix of securities to avoid concentrations within individual 234
City of Aliso Viejo 2025-262026-27 Investment Policy Page 12 financial institutions, geographic areas, industry types, and maturities.

The City will only invest in fixed rate, fixed maturity securities and, with the exception of U.S.

Treasury securities or the Local Agency Investment Fund (LAIF), no more than 60 percent of the investment portfolio shall be invested in any single investment type or financial institution.

Safekeeping and Custody
All security transactions, including collateral for repurchase agreements and certificates of deposit, shall be transacted on a Delivery vs. Payment (DVP) basis. This means that the securities shall be delivered to the City or the City’s designated custodian upon receipt of payment by the City.

All securities that may be purchased, including collateral, shall be held by a third-party custodian designated by the Treasurer whenever possible. These securities shall be held in the City’s name and control, and the third-party custodian shall be evidenced by safekeeping receipts. The third-party custodian shall send the City, on a monthly basis, a summary of safekeeping assets, and this statement shall be reconciled to the City’s records on a monthly basis. Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings.

Performance Standards and Evaluation
Investment performance is continually monitored and evaluated by the City Treasurer.

Investment activity reports are generated on a monthly basis for presentation to the City Manager and City Council.

The weighted average maturity of the pooled portfolio shall not exceed three years and shall be designated to attain a market average rate of return. The market average rate of return will be determined by a custom benchmark that represents the prominent and persistent characteristics of the portfolio.

An annual audit of the City’s Investment Policy, practices, procedures, and portfolio status will be conducted by an independent auditor of all items including, but not limited to, items specified in the Audit Checklist provided in the City’s Procedure Manual. The auditor will provide the City Manager and City Council with written observations and recommendations regarding the adequacy of investment controls.

Qualifications and Continuing Education
The City Treasurer shall be a City employee or contract employee. The Treasurer shall be selected on the basis of educational background and experience relevant to the Treasury function.

The City recognizes the need for and is committed to providing ongoing education specific to the investment function for the Treasurer and other City staff and officials involved in the investment process.
235
Appendix A

GLOSSARY OF TERMS
Accrued Interest - Interest earned but not yet received.

Active Deposits - Funds which are immediately required for disbursement.

Agencies - Federal agency securities and/or Government-sponsored enterprises.

Amortization - An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time.

Asking Price - The price a broker/dealer offers to sell securities. See Offer Bankers' Acceptance (BA) - A “draft” or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

Basis Point - One basis point is one hundredth of one percent (.01).

Bear Market - A period of generally pessimistic attitudes and declining market prices.

Bid - The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer.

Bond - A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.

Book Value - The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or plus accretion of discount.

Broker - A broker brings buyers and sellers together for a commission.

Bull Market - A period of generally optimistic attitudes and increasing market prices.

Callables - Securities that the issuer has the right to redeem prior to maturity.

Certificate of Deposit - A time deposit with a specific maturity, evidenced by a certificate.

Large-denomination CD's are typically negotiable. CD's may be eligible for FDIC insurance.

Collateral - Securities, evidence of deposit, or pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposit of public moneys.

Commercial Paper - Short-term, unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing.

Comprehensive Annual Financial Report (CAFR) - The official annual financial report for the City. It includes government-wide and fund financial statements prepared in conformity with Generally Accepted Accounting Principals (GAAP).

Constant Maturity Treasury (CMT) - An average yield of a specific Treasury maturity sector for a specific time frame, or an index of the average yield on United States Treasury securities adjusted to a constant maturity. This is a market index for reference of past direction of interest rates for the given Treasury maturity range.

Coupon - The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.

Credit Analysis - A critical review and appraisal of the economic and financial conditions or of the ability to meet debt obligations.
236
Appendix A
GLOSSARY OF TERMS (continued)
Current Yield - The interest paid on an investment expressed as a percentage of the current price of the security.

Custody - A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, to buy, sell, receive, and deliver securities when ordered to do so by the principal.

Debenture - A bond secured only by the general credit of the issuer.

Delivery v. Payment (DVP) - Delivery of securities with a simultaneous exchange of payment for the securities.

Demand Deposit Account - Accounts whose balance is available to meet immediate cash needs (maturities up to 7 days).

Derivatives - (1) Financial instruments whose return profile is linked to, or derived from, the security and may include a leveraging factor, or (2) financial contracts based upon notional amount whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities, or commodities).

Discount - The difference between the cost of a security and its value at maturity when quoted at lower than face value.

Discount Securities - Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U. S. Treasury Bills.

Diversification - Dividing investment funds among a variety of securities offering independent return and risk profiles.

Duration - The weighted average maturity of a bond's cash flow stream, where the present value of the cash flows serves as the weights; the future point in time at which, on average, an investor has received exactly half of the original investment in present value terms; a bond's zero-coupon equivalent; the fulcrum of a bond's present value cash flow time line.

Fannie Mae - Trade name for the Federal National Mortgage Association (FNMA).

Federal Credit Agencies - Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g., Savings and Loans, small business firms, students, farmers, farm cooperatives, and exporters.

Federal Deposit Insurance Corporation (FDIC) - Insurance provided to customers of a subscribing bank, which guarantees deposits to a set limit (currently $100,000) per account.

Federal Funds Rate - The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

Federal Home Loan Banks (FHLB) – Government-sponsored wholesale banks which lend funds and provide correspondent banking services to member commercial banks, thrifty institutions, credit unions, and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. 237
Appendix A
GLOSSARY OF TERMS (continued)
Federal Home Loan Mortgage Corporation (FHLMC) - The FHLMC was created under the Federal Home Loan Mortgage Act, Title III of the Emergency Home Finance Act of 1970 as a stockholder-owned government-sponsored enterprise. Freddie Mac, as the corporation is called, is charged with providing stability and assistance to the secondary home mortgage market by buying first mortgages and participation interests and reselling these securities in the form of guaranteed mortgage securities. Although agency obligations are not explicitly guaranteed by the federal government, the rating agencies believe that in the unlikely event of financial difficulties, the federal government will support the agency to the extent necessary to provide for full and timely payment on their securities.

Federal National Mortgage Association (FNMA) - FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD).

It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

Federal Open Market Committee (FOMC) - Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

Federal Reserve System - The central bank of the U. S. which consists of a seven-member Board of Governors, 12 regional banks, and 5,700 commercial banks that are members.

Fed Wire - A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system.

Freddie Mac - Trade name for the Federal Home Loan Mortgage Corporation (FHLMC).

Ginnie Mae - Trade name for the Government National Mortgage Association (GNMA).

Government National Mortgage Association (GNMA) - Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by the full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FmHA mortgages. The term "pass-throughs" is often used to describe Ginnie Maes.

Inactive Deposits - Funds not immediately needed for disbursements.

Interest Rate - The annual yield earned on an investment, expressed as a percentage.

Investment Agreements - An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity, and interest rates.
238
Appendix A
GLOSSARY OF TERMS (continued)
LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period, and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $75,000,000 for any agency. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. California Government Code §16429.3 states, in part:
"money placed with the State Treasurer for deposit in the Local Agency Investment Fund by cities, counties, or special districts shall not be subject to impoundment or seizure by any state official or state agency."

Liquidity - Refers to the ability to rapidly convert an investment into cash with minimal risk of losing some portion of principal and/or interest.

Local Government Investment Pool (LGIP) - The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

Market Value - The price at which a security is trading and could presumably be purchased or sold.

Master Repurchase Agreement - A written contract covering all future transactions between the parties to repurchase and/or reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower.

Maturity - The date upon which the principal or stated value of an investment becomes due and payable.

Medium Term Corporate Notes - Unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium term corporate notes can be defined as extended maturity commercial paper. Local agencies are restricted by the Government Code to investments in corporations rated in the top three note categories by Moody's Investors Service, Inc., and/or Standard and Poor's Corporation. For medium term notes, eligible purchases consist of instruments that have a rating of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation.

Money Market - The market in which short-term debt instruments (bills, commercial paper, banker's acceptances, etc.) are issued and traded.

Negotiable Certificates of Deposit - Unsecured obligations of the financial institution, or bank, bought at par value with the promise to pay face value plus accrued interest at maturity.

They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. The primary market issuance is in multiples of $1,000,000; the secondary market usually trades in denominations of $500,000, although smaller lots are occasionally available. As a matter of practice, only the ten largest U.S. banks where there is a secondary market established for continued liquidity would be considered for investment. 239
Appendix A
GLOSSARY OF TERMS (continued)
NRSRO - Nationally recognized statistical-rating organization New Issue - Term used when a security is originally "brought" to market.

Offer - The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asking Price and Bid.

Open Market Operations - Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserve into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool.

Paper Gain or Loss - Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.

Perfected Delivery - Refers to an investment where the actual security or collateral is held by an independent third party representing the purchasing entity.

Portfolio - Collection of securities held by an investor.

Primary Dealer - A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its informal oversight.

Prudent Person Rule - An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state - the so-called legal list. In other states, the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

Purchase Date - The date in which a security is purchased for settlement on that or a later date.

Qualified Public Depositories - A financial institution that does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return - The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

Repurchase Agreement (RP or REPO) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, or increasing bank reserves.
240
Appendix A
GLOSSARY OF TERMS (continued)
Reverse Repurchase Agreement (Reverse REPO) - A transaction where the seller (City) agrees to buy back from the buyer (bank) the securities at an agreed upon price after a stated period of time.

Risk - Degree of uncertainty of return on an asset.

Safekeeping - See Custody.

Secondary Market - A market made for the purchase and sale of outstanding issues following the initial distribution.

Securities and Exchange Commission - Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC Rule 15(C)3-1 - See Uniform Net Capital Rule.

Settlement Date - The date on which a trade is cleared by delivery of securities against funds.

Spread - a) The yield or price difference between the bid and offer on an issue; b) the yield or price difference between different issues.

Structured Notes - Notes issued by government-sponsored enterprises (FHLB, FNMA, etc.) and corporations that have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) in their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options, and shifts in the shape of the yield curve.

Supranational - A supranational entity is formed by two or more central governments with the purpose of promoting economic development for the member countries. Supranational institutions finance their activities by issuing debt, such as supranational bonds. The three U.S. based supranationals are International Bank for Reconstruction and Development, the International Finance Corporation, and the Inter-American Development Bank.

Swap - The sale of one issue and the simultaneous purchase of another for some perceived advantage.

Treasury Bills - A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

Treasury Bonds - Long-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities of more than ten years.

Treasury Notes - Medium-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities from two to ten years.

Uniform Net Capital Rule - Securities and Exchange Commission requirement that member firms, as well as nonmember broker-dealers in securities, maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

U.S. Government Agencies - Instruments issued by various U.S. Government Agencies, most of which are secured only by the credit worthiness of the particular agency.

Yield - The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security. 241
Appendix A
Yield to Maturity - The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage. 242
Appendix B

QUALIFIED BROKER/DEALERS

The City uses a SEC registered external investment advisor and does not currently have a list of Qualified Broker/Dealers.
243
Appendix C

ADMINISTRATIVE POLICY

Investment Guidelines, Strategy, and Internal Control

244

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

1 of 4

PURPOSE

The purpose of this policy is to establish a framework for the investment of surplus City funds within the established internal control procedures for treasury functions.

POLICY

INVESTMENT GUIDELINES AND STRATEGY

GUIDELINES

1. Investment Transaction - Every investment transaction must be authorized and reviewed by the Director of Finance/City Treasurer or his/her designee.

2. Pooled Cash - Whenever practical, local agency cash is consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated monthly according to month-end cash and investment balances for each fund.

3. Competitive Bids - Purchases and sales of securities are made on the basis of competitive offers and bids.

4. Cash Forecast - The cash flow for the City is analyzed with the receipt of revenues and maturity of investments scheduled so that adequate cash will be available to meet disbursement requirements.

5. Investment Limitations - Security purchases and holdings are maintained within statutory limits imposed by the California Government Code.

6. Liquidity - The marketability of a security is considered at the time of purchase, as the security may have to be sold at a later date to meet unanticipated cash demands.

7. Diversification - The portfolio should consist of various types of securities, issuers, and maturities.

STRATEGY

1. Economic Forecasts - Economic Forecasts are obtained periodically from economists and financial experts through bankers and brokers to assist the Director of Finance/City Treasurer or his/her designee with the formulation of an investment strategy for the local agency.

2. Implementing Investment Strategy - Investment transactions are executed to conform to anticipated interest rate trends and the current investment strategy plan.
245

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

2 of 4

3. Rapport - A close working relationship is maintained with public works, city staff, and large vendors of the city.

The objective is to pinpoint when large disbursements will clear the City's bank account. It is essential for good cash control that such large expenditures be anticipated, estimated as to dollar amount, and communicated to the Director of Finance/City Treasurer or his/her designee for liquidity planning purposes.

4. Preserve Portfolio Value - Field standards are developed in order to maintain earnings near the market and to preserve the value of the portfolio.

INTERNAL CONTROL

I. OBJECTIVES OF INTERNAL CONTROL

1. To effectively and efficiently conduct business, including adherence to financial and management policies.

2. Safeguarding its assets and prevention or detection of errors and fraud.

3. Timely preparation of accurate and reliable financial information.

4. Compliance with applicable laws and regulations.

II. COMPONENTS OF INTERNAL CONTROL

1. Control Environment - The control environment is the set of standards, processes, and structures that provides the basis for carrying out internal control across the organization. Management establishes the tone at the top regarding the importance of internal control, including expected standards of conduct, organizational structure, and assignment of authority and responsibility.

2. Risk Assessment - Risk assessment involves a dynamic process for identifying and analyzing risks in achieving the entity’s objectives. Risk assessment requires management to consider the impact of possible changes in the internal and external environment that may render established internal controls ineffective.

3. Control Activities - Control activities are the actions established through policies and procedures to ensure that management’s directives to mitigate risks are achieved. Segregation of duties is typically built into the development of control activities and may include authorizations, verifications, reconciliations, and reviews.

4. Communication - Communication occurs both internally and externally and provides the organization with the information needed to carry out day-to-day activities.

5. Audits – Audits are the process through which activities can be monitored and evaluated for any internal control deficiencies and communicated to management for taking corrective action. 246

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

3 of 4

III. ELEMENTS OF INTERNAL CONTROL

1. Organization - Responsibility for the performance of duties should be assigned and lines of authority and reporting clearly identified and delineated.

2. Segregation of functions - Segregation of functions reduces the risk for an individual to be able to perpetrate and conceal errors or commit fraud in the normal course of duty. If two parts of a transaction are handled by different individuals, collusion is necessary to conceal errors or commit fraud. Functions that should be considered when evaluating segregation of duties are authorization, execution, recording, custody of assets, and reconciliation.

3. Authorization - All transactions should be approved by an authorized individual. The responsibilities and limits of authorization should be clearly delineated. The individual or group authorizing a specific transaction or granting general authority for transactions should be in a position commensurate with the nature and significance of the transactions.

4. Controls over an accounting system - Controls over an accounting system include the procedures, both manual and computerized, carried out independently to ascertain that transactions are complete, valid, authorized, and properly recorded.

IV. LIMITATIONS OF INTERNAL CONTROL
Internal control, no matter how well-designed, implemented, and conducted, can only provide reasonable assurance to management of the achievement of an entity’s objectives. Inherent limitations of internal control may include:

1. Recurring, rather than unusual, types of transactions.

2. Human error due to misunderstanding, carelessness, fatigue, or distraction.

3. Potential for collusion that circumvents controls defined by the segregation of functions.

4. Possibility of a management override of the system, despite an otherwise effective system of internal control. 247

City of Aliso Viejo

ADMINISTRATIVE POLICY

SUBJECT

INVESTMENT GUIDELINES, STRATEGY

AND INTERNAL CONTROL
APPROVED BY:

Dave Doyle

CITY MANAGER
PROCEDURE NO.

11 EFF. DATE

7/1/2015
Rev
7/1/2017
7/1/2023
PAGE

4 of 4

SEGREGATION OF RESPONSIBILITIES FOR TREASURY FUNCTIONS

Function Responsibility _

1. Formal investment policy should be
* Prepared by Director of Finance/City Treasurer
* Approved by City Council

2. Develop Investment Strategy Director of Finance/City Treasurer or Registered Investment Advisor

3. Receive quotes and recommend investments for purchase Director of Finance/City Treasurer,

4. Approve investment transactions Director of Finance/City Treasurer, City Manager

5. Execute investment transactions Director of Finance/City Treasurer

6. Approve investment transactions for compliance with Director of Finance/City Treasurer or Investment policy and/or State Law Registered Investment Advisor

7. Record investment transactions in the City’s financials Accountant

8. Verify investment Director of Finance/City Treasurer i.e., match broker confirmation to City records Senior Accountant or Accountant

9. Confirm LAIF and Bank Wires Director of Finance/City Treasurer Senior Accountant or Accountant

10. Safeguard assets and records:
* Reconciliation of City’s records to bank statements Senior Accountant or Accountant and safekeeping of records
* Annual review of (a) financial institution's financial condition, Director of Finance/City Treasurer, and (b) safety, liquidity, and potential yields of investment City Manager instruments

11. Annual review of investment portfolio External Independent Auditors The segregation of responsibilities as outlined herein is intended to enhance the City’s internal controls over treasury functions. It should be noted that from time to time, due to the limited size of the Financial Services staff, segregation of responsibilities may be amended in order to fulfill the business needs of the organization. 248
RESOLUTION NO. 2025-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, REPEALING RESOLUTION NO. 2024-23, AND ADOPTING AN INVESTMENT POLICY FOR FISCAL YEAR 2025-26
WHEREAS, Government Code Section 53600 et seq. sets forth the State of California's policy with regard to the importance of the solvency and creditworthiness of each individual local agency and the protection thereof; and WHEREAS, the City of Aliso Viejo is a local agency subject to the provisions of Government Code Section 53600 et seq.; and
WHEREAS, Government Code Section 53646 requires local agencies, such as the City of Aliso Viejo to consider annually a statement of investment policy, after review and consideration at a public meeting; and
WHEREAS, at a regular public meeting of the City Council the Council considered a statement of investment policy for the City, entitled City of Aliso Viejo Statement of Investment Policy for Fiscal Year 2025-26 attached hereto as Exhibit " A" and incorporated herein;

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

Section 1. The statement of investment attached hereto as Exhibit " A" entitled City of Aliso Viejo Statement of Investment Policy for Fiscal Year 2025-26 is adopted as the City's Investment Policy.

Section 2. Resolution No. 2024-23 is hereby repealed
Section 3. This Resolution shall be effective July 1, 2025.

Section 4. The City Clerk shall certify as to the adoption of this Resolution.

Page 1 of 3 ends

249
PASSED, APPROVED AND ADOPTED this 18th day of June, 2025.

APPROVED AS TO FORM:

Scott C: ith, City Attorney
Tiff
Mayor
ATTEST:
ez, City Clerk

Page 2 of 3 ends

250

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF ALISO VIEJO
ss.

I, JANET MARTINEZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2025-06 duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 18th day of June, 2025, by the following roll call vote, to wit:

AYES: Mayor Ackley, Mayor Pro Tern Duncan, Councilmembers Hurt, Munzing and Zandbergen
NOES: None
ABSENT: None
SEAL)
JAN T MA'fINEZ

CITY CLERK
lam'

Page 3 of 3 ends

City of Aliso Viejo

AGENDA ITEM

DATE: June 17, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, Public Works Director

SUBJECT: AWARD CONTRACT TO AXXESS DOOR COMMERCIAL SOLUTIONS

FOR THE ALISO VIEJO RANCH AUTOMATIC DOOR (ADA) UPGRADE

PROJECT
______________________________________________________________________

Recommended Actions:

1. Approve Contract Documents, Specifications, and Plans for the Aliso Viejo Ranch Automatic Door (ADA) Upgrade Project;

2. Award a contract in the amount of $64,935.46 to Axxess Door Commercial Solutions as the lowest responsible bidder for the Aliso Viejo Ranch Automatic Door (ADA) Upgrade Project;

3. Authorize the City Manager to execute a contract with Axxess D oor Commercial Solutions;

4. Authorize City staff to provide total compensation to Axxess Do or Commercial Solutions up to $67,435.67 plus $3,246.77 (5% of the contract amount) to allow for contingencies, totaling $68,182.23; 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).

Fiscal Impact:

Total fiscal impact will be $ 68,182.23 including construction ($64,935.46) and contingency ($3,246.77). The adopted fiscal year 202 5-26 Capital Improvement Plan (CIP) budget includes CDBG funds for this project.

Background:

The City will be improving ADA access and general operability of the 2 main doors entering the Barn, as well as the 1 main door entering the Storehouse by installing automatic door openers. Entry access control will also be updated.

252

Page 2 of 2 ends

The City requested and received three (3) quotes for this work. City staff has reviewed the lowest quote from Axxess Door Commercial Solutions, and the quote appears to be responsive and complete.

This project is exempt from the CEQA process since it is maintaining existing facilities.

Discussion:

Staff requests authorization for payments to Axxess Door Commercial Solutions up to $68,182.23 (5% above the contract amount) to cover for contingencies or additional work requested by the City.

Work is anticipated to be completed by the end of the fiscal year.

Attachments:

1. Contract with Axxess Door Commercial Solutions
253
60367.01100\33488377.1

- 1 -

CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

ALISO VIEJO RANCH AUTOMATIC DOOR (ADA) UPGRADE PROJECT

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Aliso Viejo, a municipal 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 Axxess Door Commercial Solutions, a corporation, with its principal place of business at 4230 E. Airport Drive. Ontario, CA 91761 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of professional automatic door installation and construction services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional automatic door installation and construction 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 Contractor to render such services for the Aliso Viejo Ranch Automatic Door (ADA) Upgrade Project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Contractor 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 automatic door installation and construction 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 June 17, 2026 to July 31, 2026, 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. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 254
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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor 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 Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor ’s exclusive direction and control. Contractor 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. Contractor 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 Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Cont ractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Contractor 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 Majeu re 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 S ervices); (4) strikes and other organized labor action occurring at the site and the effects thereof on the S ervices, only to the extent such strikes and other organized labor action are beyond the control of Contractor 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.
255
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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 Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may stil l terminate this Agreement in accordance with the termination provisions of this Agreement.

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

3.2.4 Substitution of Key Personnel . Contractor 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, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor 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 Contractor at the request of the City.

The key personnel for performance of this Agreement are as follows: Jake Huber.

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. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Contractor’s Representative. Contractor hereby designates Jake Huber, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor ’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. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall 256
60367.01100\33488377.1

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have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor ’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors 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 acceptab le to the City, sha ll be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations , Contractor shall be solely responsible for all costs arising therefrom. Contractor 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 . Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor 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 Contractor 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, Contractor agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.
257
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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) ye ars 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) ye ars 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.
258
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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 Contractor ; 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 Contractor from waiving the right of subrogation prior to a loss. Contractor 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 Contractor , 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, Contractor 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. Contractor 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 Contractor until Contractor has fully complied with the insurance provisions of this Agreement.

In the event that the Contractor ’s operations are suspended for failure to maintain required insurance coverage, the Contractor 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 Subcontractors . All Subcontractors shall be included as additional insureds under the Contractor ’s policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subcontractor’s policies.
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3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 l imited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, 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 acciden ts 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. Contractor 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 Sixty Four Thou sand Nine Hundred Thirty Five Dollars and Forty Six Cents ($64,935.46) (“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, up to 5% ($3,246.77) of the contract amount.

3.3.2 Payment of Compensation.

Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. 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. Contractor 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 Contractor 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.

Contractor 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 Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as 261
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defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor 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 Contractor’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 Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. Contractor 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 Contractor and all sub contractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractor s. 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 . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to t he 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 Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contrac tor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor 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:

Contractor:

Axxess Door Commercial Solutions
4230 E. Airport Dr. Ste 103
Ontario, CA 91761
Attn: Jake Huber
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 not ice 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 Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data.

Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 263
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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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor 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 Contractor’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 Contractor of its intention to release Proprietary Information.

Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor’s objection to the City’s release of Proprietary Information. Contractor 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 Proprie tary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Contractor 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 . Contractor shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Contractor shall submit to the City a statement signed by an authorized representative for Contractor certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Contractor’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. Contractor shall reimburse the City for any costs and expenses associated with fraud against the City.

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

3.5.6 Attorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing pa rty reasonable attorney’s fees and all other costs of such action. 264
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3.5.7 Indemnification.

3.5.7.1 To the fullest extent permitted by law, Contractor 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 Contractor , its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor '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 . Contractor'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 Contractor or the City, its officials, officers, employees, agents or volunteers.

3.5.7.2 If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’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, Contractor’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 Contractor , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’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 Contractors. City reserves right to employ other Contractors 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. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or trans ferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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, sha ll have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor , 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. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.16 Labor Certification . By its signature hereunder, Contractor 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. Contractor 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. Contractor 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 Contractor and all of Contractor ’s employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Contractor 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 AXXESS DOOR COMMERICAL

SOLUTIONS

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 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
Axxess Door Commercial Solutions

[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 Contractor and all of Contractor ’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. 269
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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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B-1

EXHIBIT “B”

SCHEDULE OF SERVICES

All services described in Exhibit A are to be completed within the term of the agreement. 272
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C-1

EXHIBIT “C”

COMPENSATION
Attached.
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274
275
276
277
City of Aliso Viejo

AGENDA ITEM

DATE: June 17, 2026

TO: Mayor and City Council

FROM: So Kim, Community Development Director
Rose Rivera, Senior Planner

SUBJECT: THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR CDBG ADMINISTRATIVE SERVICES

Recommended Actions:

1. Approve a Third Amendment to the Professional Services Agreement between the City of Aliso Viejo and Mike Linares, Inc. to extend the term of the agreement and to increase the total contract amount to $183,800; and

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

Fiscal Impact:

Cost for the services outlined in the Third Amendment total approximately $39,800 and is included in the FY 2026 -27 adopted budget for CDBG. The CDBG program allows a maximum of 20 percent of the annual grant to be used for program administrative costs, including City staff and consultant time. The consultant is paid based on actual hours performing services. Services are paid for by the General Fund and reimbursed by U.S.

Department of Housing and Urban Development (HUD).

Background:

On June 15, 2022, the City Council approved a Professional Services Agreement (PSA) with Mike Linares, Inc. (Consultant) for a three-year term (July 1, 2022 through June 30, 2025) to provide Community Development Block Grant (CDBG) administrative services, with compensation not to exceed $27,500 annually. On July 19, 2023, the City Council approved an amendment to the PSA to increase compensation by $30,000 in the first year to cover the one-time cost of preparing the required five-year Consolidated Plan for submission to the U.S. Department of Housing and Urban Development (HUD). On June 15, 2025, the agreement was renewed for an additional one -year term and the total compensation was increased by $31,500.

278

Discussion:

Staff requests approval to extend the agreement with Mike Linares, Inc. for an additional one-year term and to increase the total compensation by $39,800. This extension represents the second and final one -year renewal of the agreement. A Request for Proposals will be issued in the following year.

Staff has been satisfied with the consultant’s performance and the quality of services provided. Continuing with Mike Linares, Inc. will help ensure consistency and continuity in administering the City’s CDBG program.

Attachment:

1. Original Professional Services Agreement

2. Third Amendment to the Professional Services Agreement 279
15th June 22
280
unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirementsof 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 employeesof 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 approvalsby 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 replacementworkers; and ( 5) pandemics, epidemics or quarantinerestrictions. For purposes of this section, " orders of governmental authorities," includes ordinances, emergency proclamations 2-
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and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicableto the Services and Agreement.

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 performanceand 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 approvalof City.

3.2.4 Substitution of Key Personnel. Consultant has representedto 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 personnelof 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: MIKE LINARES.

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 COMMUNITY DEVELOPMENT DIRECTOR, 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 MIKE LINARES, 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 Representativeshall superviseand direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactorycoordination 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.
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3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safetyof persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, 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.
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a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least $ 1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

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

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

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
a) The policy or policies of insurance required by Section 3.2.10.2 ( a) Commercial General Liability 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 5 60367.01100\33488377.1
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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.

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 partiesshall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
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3.2.10.6 Deductible. Any deductible or self - insured retention must be approved in writing by the City and shall protect the indemnified partiesin 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 approvedby 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 companieswith 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 applicableprovisions of the California Insurance Code or any federal law.

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliancewith all applicablelocal, state and federal laws, rules and regulations, and shall exercise all necessary precautionsfor 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) adequatelife 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, 7-
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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 TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS annually for a total compensation of ($ 27,500) (" Total Compensation") without written approval of City's COMMUNITY DEVELOPMENT DIRECTOR. 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 performanceof other requirementson " public works" and " maintenance" projects.

If the Services are being performed as part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensationis $ 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, 8-
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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.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all fmished or unfmished 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. 9-
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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:

MIKE LINARES, INC.

P.O. BOX 3913
SAN CLEMENTE, CA 92672
714) 608-7263
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: COMMUNITY DEVELOPMENT DIRECTOR
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 perpetuallicense 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 authorshipfixed in any tangible medium of expression, including but not limited to, physical drawings or data, which are preparedor caused to be preparedby 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 representationand warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has 10 -
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become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographsof 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 requiresthat 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 representativefor Consultant certifying receipt of the City's Fraud Prevention Policy. A finding by the City that any of Consultant's employeeshave committed fraud against the City or have violated the City's Fraud Prevention Policy shall be grounds for appropriatediscipline, 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 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, 11-
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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, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecationor transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparationof this Agreement, the languageof 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 performanceshall 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 12-
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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 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 signedthis Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
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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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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 the applicant and all of applicants employees, including any employee(s) that applicant intends to assign to perform the work or services described in Agreement dated . If none, please state so:

NONE
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

San Clemente CA May 29, 2022
City, State Date
Mike Linares, Inc. Mike Linares
Name of Business
A
Signature
Print Name
This executed form must be submitted with the Proposal. 60367.01100\33489632.1 14
295

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.

Mike Linares, Inc. Mike Linares
Name of Business Print Name
Signature
May 29, 2022
Date
This executed form must be submitted with the Proposal. 60367.01100\33489632.1 15
296

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS
i Mike Linares the President
President, Secretary, Manager,
Owner or Representative)
of Mike Linares, Inc. ,
certify that I have
Name of Company or Corporation or Owner)
read and understand the insurance requirements set forth in the Request for Proposals for the CDBG Administration Services and the Agreement form included therein, and accept such requirements as specified.

Firm: Mike Linares
Name ( Please Print or Type)
By: _
Signature
Date: May 29, 2022
This executed form must be submitted with the Proposal. 60367.01100133489632.1 13
297
EXHIBIT " A"

SCOPE OF SERVICES
A-1
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Scope of Work
Mike Linares has reviewed the City's Scope of Work and is prepared to undertake all of the listed duties with two exceptions:

Under the direction of City staff, Mike Linares, Inc. will provide CDBG Administration Services, including but not limited to the following:

1. Provide general CDBG program administration services and technical support under the direction of the Community Development Director.

2. Assist with the developing, implementing, and administering of eligible CDBG programs under the direction of the Community Development Director.

3. Provide a schedule for all HUD requirements to ensure all programs are in place.

4. Prepare and submit reports and plans on an annual basis for the CDBG program, including:

A. Year 1 ( FY22-23): FY21-22 Consolidated Annual Performance Report ( CAPER) and the 2023-2027 Consolidated Plan, including the FY23-24 Annual Action Plan ( AAP) B. Year 2 ( FY23-24): FY22-23 CAPER and FY24-25 AAP
C. Year 3 ( FY24-25): FY23-24 CAPER and FY25-26 AAP

5. Provide annual service - provider on - site monitoring.

6. Assist with preparing agendas, staff reports, and recommendations for City Council and other special meetings.

7. Review applications and projects for compliance with the National Environmental Protection Act ( NEPA).

8. Assist City Staff in maintaining information on the Integrated Disbursement and Information System ( IDIS) and assisting with the voucher/draw-down requests.

9. Represent the City at various agency and organization meetings. Attend meetings of the City Council, City staff, public officials, community leaders, developers, contractors, and the general public as requested by City staff.

10. Facilitate communication between the City of Aliso Viejo and HUD.

11. Generate monthly status reports as necessary or requested.

12. Prepare and implement all public outreach programs and public participation under the CDBG program.

13. Coordinate or facilitate finance - related requirements between the City of Aliso Viejo and HUD.

14. Assist City staff in helping to ensure public works projects using CDBG funds comply with HUD regulations ( Note: Mike Linares does not provide federal labor standards compliance services).

15. Provide general program administration and CDBG technical support. 9 299
Annual Action Plan: The Annual Action Plan is the yearly expenditure plan for using CDBG funds. To undertake this process, the consultant will work closely with City staff to determine which projects and programs will be funded with CDBG.

IDIS Set-up/Uploading: Upon completion and approval of the ConPlan by the Aliso Viejo City Council, Mike Linares, Inc. will set-up and upload the ConPlan and Annual Action Plan in IDIS; this will complete the initial stage of the process. HUD's CPD Representative assigned to the City will review the submitted ConPlan and may request additional information or modifications or approve the document.
8 300
EXHIBIT " B"

SCHEDULE OF SERVICES
B-1
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CDBG Administration: With respect to program implementation, it is important to note that the administration of the CDBG programs is cyclical. At certain times of the grant cycle, extra time and resources are required to complete tasks ( e.g., coordinating the annual public service grant allocation process and preparing the Action Plan and CAPER). Below is an outline of the typical implementation schedule for a HUD program year.

MONTH CDBG - PROGRAM RELATED TASK
Start of Program Year — Setup CDBG activities in IDIS
Begin to collect & report data for the year-end report
July
Prepare public service grant agreements and related materials Prepare NEPA reviews
Collect and report program data for the year-end report August • Coordinate year-end financial data with City Finance Department Prepare draft CAPER
Coordinate public review of CAPER
September • Final CAPER
Submit CAPER to HUD
October • Prepare new grant year CDBG application
November
Solicit housing and non - housing programs/projects for CDBG funds Distribute CDBG funding applications to sub - recipients & City departments December • Receive & review funding requests
January
February
Prepare draft CDBG expenditure plan
Mid - year budget reviews and adjustments
Hold required public review/meetings for the proposed use of HUD funds Draft annual Action Plan
6 302

MONTH CDBG - PROGRAM RELATED TASK
March
Draft annual Action Plan
Committee/Commission meetings
Committee/Commission meetings
April • Assist with preparation of agenda report for City Council Action Plan approval
Submit Action Plan to HUD
May • Prepare grant agreements for the new program year Monitor subrecipients
June
Closeout program year
Prepare grant agreements for the new program year
Monitor subrecipients
Prepare for year-end reporting
Ongoing • Prepare various HUD - related quarterly, semi-annual and annual reports Mike Linares' approach is to make sure the steps outlined above are implemented in a timely manner with the assistance and support of City staff and sub - recipients early in the program implementation process to ensure efficient and effective utilization of CDBG resources.

Consolidated Plan Preparation: Several steps will be necessary to initiate and complete the process:

Citizen Participation: A significant portion of the Con Plan is dedicated to outlining the actions the City will take to obtain the input of residents and stakeholders during the preparation of the ConPlan. Community meetings, community surveys, focus groups, and public hearings are examples of actions utilized by communities. In consultation with City staff, Mike Linares, Inc. will identify existing data sources that can be utilized to prepare this section of the ConPlan.

Research and Analysis: The ConPlan content and format are dictated mainly by HUD's eConPlan template; however, additional data collection and analysis are required to complete the template. Mike Linares, Inc. will utilize existing data sources to augment data provided by HUD to complete applicable ConPlan narratives and tables.

Strategic Annual Plan: The Strategic Plan portion of the ConPlan establishes program and multi - year goals to address priority housing and community needs. The Strategic Plan will establish the general categories of programs and activities the City will undertake to meet priority needs. Mike Linares, Inc. will prepare applicable sections of the ConPlan in consultation with City staff to complete strategic five-year and annual activity goals. 7 303
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%).

C-1
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304
Cost Proposal
Mike Linares, Inc's proposed cost for CDBG program administrative services is based on an average of six hours per week or approximately 250 hours per year. At an hourly rate of 110.00, a not to exceed contract amount of $ 27,500 is proposed. This amount includes a flat rate to prepare the Annual Action Plan ($ 7,500) and the CAPER ($ 8,500). All rates are subject to an annual revision ( at a time fitting for the City's budget preparation process). The adjustment will be based on the Consumer Price Index ( CPI) published by the U.S. Department of Labor Statistics.

The proposed cost for the preparation of the 2023-2027 Consolidate is summarized below:
2023-2027 CONSOLIDATED PLAN PREPARATION TASKS COSTS

DOCUMENT PREPARATION TASKS
Review/Revise Citizen Participation Plan & Prepare
Applicable Section of the Consolidated Plan
Prepare Housing Market Analysis
Prepare Housing & Community Needs Assessments
Prepare Strategic Plan
Meeting(s) & Public Hearing(s)
Prepare Annual Action Plan *

SUB -TOTAL

CON PLAN RELATED TASKS
HUD Required Revisions
Obtain/Prepare / Analyze Community Needs ( i.e.,
community survey, existing data sources, etc.) **
Reprographics & Miscellaneous Expenses ( cost+1O%) **

SUB -TOTAL
2,500
5,750
5,750
6,000
1,500
5,000
26,500
NA
3,000
500
3,500
NOT To EXCEED FIXED PRICE 30,000
Preparation of the FY 23-24 Annual Action Plan is included as a cost of preparing the Consolidated Plan and will not be billed as an annual program administration cost for FY 23-24. General FY 23-24 CDBG program administration will be billed at the agreed -to hourly rate for hours dedicated to regular program administration — approximately $ 12,500.

If needed and with prior staff approval.
305
Agreement - MikeLinares
Final Audit Report 2022-07-29
Created: 2022-07-28
By: Mitzi Ortiz ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA6o4LtZL1wwgCC-rYpMbkbYtO1lOypsxm Agreement - Mike Linares" History
Documentcreatedby MitziOrtiz ([email protected])
2022-07-28 - 11:56:39 PM GMT- IP address: 70.183.28.2
Documentemailedto AnnEifert ([email protected]) for signature 2022-07-28 - 11:57:40 PM GMT
Email viewed by Ann Eifert ([email protected])
2022-07-29 - 0:21:15 AM GMT- IP address: 104.47.57.254
Documente-signedby AnnEifert ([email protected])
Signature Date: 2022-07-29 - 0:21:54 AM GMT - Time Source: server- IP address: 70.183.28.2 Documentemailedto MitziOrtiz ([email protected]) for signature 2022-07-29 - 0:22:00 AM GMT
Emailviewedby MitziOrtiz ([email protected])
2022-07-29 - 0:22:27 AM GMT- IP address: 104.47.57.254
Documente-signedby MitziOrtiz ([email protected])
Signature Date: 2022-07-29 - 0:22:35 AM GMT - Time Source: server- IP address: 70.183.28.2 Documentemailedto CharleneCheng ([email protected]) for signature 2022-07-29 - 0:22:38 AM GMT
Email viewed by Charlene Cheng ([email protected])
2022-07-29 - 0:24:20 AM GMT- IP address: 104.47.58.254
Documente-signedby CharleneCheng ([email protected])
Signature Date: 2022-07-29 - 0:24:34 AM GMT - Time Source: server- IP address: 12.159.99.2 Agreementcompleted.
2022-07-29 - 0:24:34 AM GMT
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60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

THIRD AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES AGREEMENT

1. PARTIES AND DATE.

This Third Amendment to the COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES AGREEMENT (“Third Amendment”) is entered into on the 17th day of June, 2026, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and MIKE LINARES, INC., a CALIFORNIA CORPORATION (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 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICE S AGREEMENT dated June 16, 2022 (“Agreement”).

2.2 First Amendment . The Parties amended the Agreement to increase the total compensation under the Agreement by Thirty Thousand Dollars ($30,000) to cover the preparation of the 5-year Consolidated Plan as requi red by HUD. The Parties entered into that First Amendment dated July 19, 2023.

2.3 Second Amendment. The Parties amended the Agreement in order to renew the Agreement for an additional on e-year term and to increase the total compensation under the Agreement by Thirty-One Thousand Five Hundred Dollars ($31,500).

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and to increase the total compensation under the Agreement by Thirty-Nine Thousand Eight Hundred Dollars ($39,800).

3. TERMS.

3.1 Term. Section 3.1.2 of the Agreement is hereby amended to read as follows: “The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.”

3.2 Scope of Services.: The Agreement is hereby amended to include the scope of services set forth in Exhibit “A,” attached hereto and incorporated herein by reference.

3.3 Compensation. The total compensation for the Services provides pursuant to the Agreement and this Third Amendment shall not exceed ONE HUNDRED EIGHTY-THREE THOUSAND EIGHT HUNDRED DOLLARS ($183,800), without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all 307
60367.01100\33489405.1

- 2 -

Services rendered under this Third Amendment at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference.

3.4 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 Third Amendment.

3.5 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 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 Third Amendment.

3.7 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.
308
309
310
311

60367.01100\33489405.1

EXHIBIT A

TO THIRD AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES AGREEMENT

312

60367.01100\33489405.1

313
60367.01100\33489405.1

EXHIBIT B

TO THIRD AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES AGREEMENT
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60367.01100\34434765.2

City of Aliso Viejo

AGENDA ITEM

DATE: June 17, 2026

TO: Mayor and City Council

FROM: Shaun Pelletier, Director of Public Works/City Engineer

SUBJECT: PROPOSITION 218 HEARING FOR SOLID WASTE RATE INCREASE

Recommended Actions:

1. Conduct a public hearing on the solid waste rate increases; and

2. Adopt Resolution regarding the increase to solid waste service charges.

Fiscal Impact:

There is no fiscal impact to the City . Increased disposal costs to rate payers will be included in the Franchise Solid Waste Hauler CR&R rate schedule starting in FY 2026 -

27. Background:

The County, through Orange County Waste & Recycling (OCWR), operates the County - owned landfill system, including three active landfills and approximately 20 inactive sites.

Since 1997, Orange County cities have participated in the Waste Disposal Agreement (WDA), which provided guaranteed landfill capacity and disposal rates of at least 10% below noncontract customers. The WDA has been amended several times, in 2004, 2009, 2015 and most recently for a one-year extension in 2025.

As the WDA neared expiration, OCWR developed the successor Waste Infrastructure System Enterprise (WISE) Agreement. The Orange County City Managers Association (OCCMA), representing cities, sanitary districts, and special districts that rely on the landfill system, coordinated review and negotiations beginning in late 2024. In 2025, OCCMA secured a one -year extension of the WDA th rough June 30, 2026, allowing additional time for negotiations.

OCCMA reached an agreement on a phased rate structure for the first three years of the agreement. Starting in FY 29-30, the rate includes a CPI increase.

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Page 2 of 3 ends

Fiscal Year Contract Rate
2026–27 $67.00/ton
2027–28 $74.00/ton
2028–29 $81.00/ton
2029–30 $81.00/ton + CPI

While the primary focus of the negotiations was tied to the disposal rate, OCCMA also successfully negotiated the following key provisions:
 Beginning in 2030, an annual “true-up” process that may freeze CPI adjustments depending on OCWR’s cost recovery and tonnage revenue. Cities may initiate a ‘meet and confer’ process with review by an independent consultant.  Inclusion of review and annual notification provisions to ensure continued OCCMA participation to improve transparency and oversight of OCWR’s financial status and implementation of the WISE Agreement.
 Removal of language that would have made cities financially responsible for hauler non-payment.
 Adoption of a blended CPI index (60% Solid Waste, Water, and Sewer; 40% All Urban Consumers).
 Removal of the requirement that all residential organic waste is sent to OCWR; the County will offer optional organic waste processing services.

On April 1, 2026, the Aliso Viejo City Council approved the WISE Agreement with the County of Orange for municipal solid waste disposal rates and services. The agreement is for 10 years, through June 30, 2036, with one optional 10-year extension.

Discussion:

As a result of the WISE a greement’s new rate structure , the City’s franchise waste hauler, CR&R has proposed new solid waste service fees . Effective July 1, 2026, the increased disposal rates result in a 13.1% increase to monthly customer bills. These increases are in addition to any hauler-related cost increases associated with service.

The FY 2026-27 rate schedule, which includes both the disposal and service component increases, is set forth in Exhibit A of the attached Resolution. If adopted, the proposed monthly rates will take effect July 1, 2026. Rate increases require a Proposition 218 public hearing, which is taking place at tonight’s meeting.

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Page 3 of 3 ends

Proposition 218

The City is complying with the requirements of Article XIII D of the California Constitution (Proposition 218) out of an abundance of caution. Proposition 218 requires a noticed public hearing prior to adopting new or increased charges related to property, such as solid waste collection service fees. The process requires a notice of the proposed fee to be mailed to all property owners and tenants directly responsible for the solid waste bill in the City. The notice must be mailed at least 45 days before the public hearing, and the notice for this hearing was mailed by May 2, 2026. During the 45-day period and until the close of the public hearing, property owners and tenants may protest the fee by submitting a written protest. If more than 50% of the property owners or tenants directly liable for the charges protest the fee, the City Council would be prohibited from enacting the fee change. Only one protest will count per parcel. As of the composition of this report, there has not been more than 50% of property owners protesting the rate increase.

Adjustments

The City’s franchise agreement with CR&R requires that rates for the solid waste fees be adjusted annually to account for inflation and increases to disposal fees. Beginning July 1, 2027 and each July 1 thereafter, the rates for the components of the solid waste fees may be adjusted as follows: (1) fuel fees may be adjusted by an amount equal to the change in the Producer Price Index for Fuels and related products and power – Commercial natural gas for the prior calendar year, with an initial weighting of 5%; (2) disposal fees may be adjusted by the adopted WISE agreement rates with Orange County; and (3) service fees will be adjusted by an amount equal to the change in the Consumer Price Index (CPI) for All Urban Consumers, all items less food and energy index – Los Angeles-Long Beach -Anaheim, CA, not seasonally adjusted, for the prior calendar year, with an initial weighting of 84%.

Staff recommends approval of the attached Resolution, increasing the solid waste service charges due to new rate structure from the recently adopted WISE Agreement.

Attachments

1. Resolution
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RESOLUTION NO. 2026- _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA, ADOPTING INCREASED

SOLID WASTE SERVICE RATES AND FINDING THIS

ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

WHEREAS, CR&R Incorporated (“CR&R”) presently serves the City of Aliso Viejo (“City”) pursuant to an exclusive solid waste franchise agreement; and WHEREAS, under the CR&R Franchise Agreement for Integrated Solid Waste Management Services (“Agreement”), CR&R collects, transports, processes, and disposes of all solid waste generated or accumulated within the City (“Services”); and WHEREAS, pursuant to the Agreement, CR&R is entitled to charge rates for its services with automatic adjustments subject to the City’s review; and WHEREAS, CR&R’s rates are composed of three cost categories : fuel, disposal, and service, with varying initial weightings of 5%, 11%, and 84%, respectively; and

WHEREAS, the above categories may be adjusted as follows: (1) the fuel cost category may be adjusted by an amount equal to the change in the in the Producer Price Index for Fuels and related products and power – Commercial natural gas, (2) the disposal cost category may be adjusted by the actual percentage change in the Waste Disposal Agreement gate rate set by the County, and (3) the service cost category will be adjusted by an amount equal to the change in the Consumer Price Index (CPI) for All Urban Consumers, al l items less food and energy index – Los Angeles -Long Beach - Anaheim, CA, not seasonally adjusted; and

WHEREAS, the City recently entered into a Waste Infrastructure System Enterprise Agreement (“WISE Agreement”) with the County of Orange (“County”) to continue services previously provided under the County’s Waste Disposal Agreement, such as access to the County’s landfills and other facilities; and

WHEREAS, the proposed rate increases is necessary to cover inflationary adjustment to the Services including increased labor, vehicle and facility operation and maintenance costs, as well as increased costs associated with the disposal of solid waste at County; and
WHEREAS, the City has determined that it is necessary to impose increased rates for solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the funds required to provide the services for which the Charges are imposed, and will be used exclusively for the provision of the City’s integrated solid waste management services; and

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WHEREAS, the Charges are equitable to all customer classes; and

WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and

WHEREAS, the Charges will not be imposed on a parcel unless the service for which such Charge is imposed, is actually used by, or immediately available to, the owner of the parcel; and

WHEREAS, article XIII D, section 6 of the California Constitution (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (“Notice”) by mail of the proposed increased Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges, the amount of the Charges proposed to be imposed on each parcel, the basis upon which the Charges were calculated, the reason for the Charges, and the date time and location of a public hearing (“Hearing”) on the proposed Charges; and

WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than forty-five (45) days prior to the Hearing on the proposed Charges; and

WHEREAS, the Notice was mailed in accordance with Article XIII D; and

WHEREAS, the Hearing was held on this day, June 17, 2026; and

WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed rate increases for the Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners subject to Charges; and

WHEREAS, the City provided Notice and conducted a Hearing in an abundance of caution and without conceding that Proposition 218 applies to privately provided solid waste service; and

WHEREAS, the City Council now desires to establish and impose the proposed Charges as set forth in Exhibit A.

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

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Section 1. Incorporation of Recitals . The City Council finds and determines that the foregoing Recitals are true and correct and incorporates the Recitals herein.

Section 2. Approval of Charges . The City Council hereby approves the Charges, effective July 1, 2026, for solid waste service at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

Section 3. Adjustments. Beginning on July 1, 2027, and each July 1 thereafter, through and including July 1, 2030, the rates for solid waste services may be adjusted annually, without a further public hearing. Pursuant to such authority, the City shall be authorized to annually increase the maximum Charges by the following: (1) fuel cost category may be adjusted by an amount equal to the change in the Producer Price Index for Fuels and related products and power – Commercial natural gas for the prior calendar year, with an initial weighting of 5%; (2) disposal cost category may be adjusted by the actual percentage change in the WDA, now WISE agreement, gate rate set by the County, with an initial weighting of 11%; and (3) service cost category will be adjusted by an amount equal to the change in the Consumer Price Index (CPI) for All Urban Consumers, all items less food and energy index – Los Angeles-Long Beach-Anaheim, CA, not seasonally adjusted, for the prior calendar year, with an initial weighting of 84%.

Prior to implementing any increase in the maximum Charge as a result of the annual automatic adjustment, the City sha ll provide written notice of the rate increase at least thirty (30) days in advance of the effective date.

Section 4. CEQA. The City Council finds that the administration and operation of the City’s solid waste services, which are to be funded by the Charges, and set forth herein, are necessary to maintain the City’s existing solid waste service as described herein. Based on this finding, the City Council determines that the adoption of the Charges established by this Resolution are exempt from the requirements of the California Environmental Quality Act pursuant to section 21080(b)(8) of the Public Resources Code and Section 15273(a) of the State CEQA Guidelines. The documents and materials that constitute the record of proceedings on which these findings have been based are located at City of Aliso Viejo , 12 Journey, Suite 100, Aliso Viejo, California 92656. The custodian for these records is the City Clerk of the City.

Section 5. Severability. If any section, subsection, clause or phrase in this Resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Resolution or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.

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Section 6. Conflicts. All prior actions of the City Council, including resolutions, ordinances, or parts thereof, that are inconsistent with any provision of this Resolution are hereby superseded by this Resolution to the extent of such inconsistency.

Section 7. Effective Date . This Resolution shall take immediate effect and be in full force immediately after its adoption.

Section 8. Certification. The City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Aliso Viejo, California, on this 17th day of June, 2026.

_______________________________
Max Duncan
MAYOR

ATTEST:

_________________________

CITY CLERK

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF ALISO VIEJO )

I, _________, City Clerk of the City of Aliso Viejo, California, hereby certify that Resolution No. 2026-XXXX was adopted by the City Council of the City of Aliso Viejo at a regular meeting held on the 17 day of June, 2026, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________

CITY CLERK

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EXHIBIT A

MAXIMUM PERMITTED SERVICE RATES

324

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026
Single Family Residential Cart Service
35/65-gallon carts (choice of 35 or 65 gallon)
set of 3 (refuse, recycle, green waste) $25.51 $3.35 $28.86 Residential Senior Citizen Rate (35 or 65 gallon) 10% discount $22.96 $3.02 $25.97 Additonal containers:
second refuse cart, 35 gallon $6.31 $0.83 $7.14
second refuse cart, 65 gallon $6.64 $0.87 $7.51
third or more refuse carts, 35 gallon $6.31 $0.83 $7.14 third or more refuse carts, 65 gallon $6.79 $0.89 $7.68 second additional green waste cart no charge no charge
third or more green waste carts, 35 gallon $5.83 $0.77 $6.60 third or more green waste carts, 65 gallon $5.84 $0.77 $6.61 third or more green waste carts, 90 gallon $5.87 $0.77 $6.64 second additional recycle cart no charge no charge
third or more recycle carts, 35/65 gallon $5.00 $0.66 $5.66 Residential Additional Pick up $22.99 $3.02 $26.01
Single Family Dwelling Bulky Item On-Call
For each Bulky Item - up to four (4) items $30.83 $4.05 $34.88 Multi-Family Cart Service in lieu of bins (Monthly) with Universal Waste 35 gallon set of 2 (refuse and recycle) $23.02 $3.03 $26.05 65 gallon set of 2 (refuse and recycle) $23.02 $3.03 $26.05 Commercial Cart Service in lieu of bins (Monthly)
65 or 95 gallon set of 2 (refuse and recycle) $34.22 $4.50 $38.72 second refuse cart, 65 or 95 gallon $12.59 $1.65 $14.24 third or more additional refuse carts, 65 or 95 gallon $17.59 $2.31 $19.90 third or more additional recycle carts, 65 or 95 gallon $9.96 $1.31 $11.27 Commerical Refuse Bins: Rate Per Bin (Monthly)
1 x p/wk 2yd $104.93 $13.79 $118.72
2 x p/wk 2yd $175.86 $23.11 $198.97
3 x p/wk 2yd $246.81 $32.44 $279.25
4 x p/wk 2yd $322.01 $42.32 $364.33
5 x p/wk 2yd $392.94 $51.64 $444.58
6 x p/wk 2yd $463.88 $60.96 $524.84
1 x p/wk 2yd Locking $121.04 $15.91 $136.95
2 x p/wk 2yd Locking $208.07 $27.34 $235.41
3 x p/wk 2yd Locking $295.15 $38.79 $333.94
4 x p/wk 2yd Locking $386.46 $50.79 $437.25
5 x p/wk 2yd Locking $473.51 $62.23 $535.74
6 x p/wk 2yd Locking $560.58 $73.67 $634.25

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE

Page 1 of 7 ends

325

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE
1 x p/wk 3yd $149.89 $19.70 $169.59
2 x p/wk 3yd $251.24 $33.02 $284.26
3 x p/wk 3yd $352.58 $46.34 $398.92
4 x p/wk 3yd $460.00 $60.45 $520.45
5 x p/wk 3yd $561.35 $73.77 $635.12
6 x p/wk 3yd $662.70 $87.09 $749.79
1 x p/wk 3yd Locking $166.02 $21.82 $187.84
2 x p/wk 3yd Locking $283.44 $37.25 $320.69
3 x p/wk 3yd Locking $400.92 $52.69 $453.61
4 x p/wk 3yd Locking $524.48 $68.93 $593.41
5 x p/wk 3yd Locking $641.92 $84.36 $726.28
6 x p/wk 3yd Locking $759.40 $99.80 $859.20
1 x p/wk 3yd Compactor $292.71 $38.47 $331.18
2 x p/wk 3yd Compactor $483.58 $63.55 $547.13
3 x p/wk 3yd Compactor $674.52 $88.64 $763.16
4 x p/wk 3yd Compactor $865.40 $113.73 $979.13
5 x p/wk 3yd Compactor $1,056.28 $138.82 $1,195.10
6 x p/wk 3yd Compactor $1,247.20 $163.91 $1,411.11
1 x p/wk 4yd $199.85 $26.26 $226.11
2 x p/wk 4yd $334.97 $44.02 $378.99
3 x p/wk 4yd $470.10 $61.78 $531.88
4 x p/wk 4yd $613.33 $80.60 $693.93
5 x p/wk 4yd $748.45 $98.36 $846.81
6 x p/wk 4yd $883.58 $116.12 $999.70
1 x p/wk 4yd Locking $216.29 $28.42 $244.71
2 x p/wk 4yd Locking $367.86 $48.34 $416.20
3 x p/wk 4yd Locking $519.42 $68.26 $587.68
4 x p/wk 4yd Locking $679.06 $89.24 $768.30
5 x p/wk 4yd Locking $830.64 $109.16 $939.80
6 x p/wk 4yd Locking $982.18 $129.08 $1,111.26
1 x p/wk 4yd Compactor $390.30 $51.29 $441.59
2 x p/wk 4yd Compactor $644.81 $84.74 $729.55
3 x p/wk 4yd Compactor $899.32 $118.19 $1,017.51
4 x p/wk 4yd Compactor $1,170.77 $153.86 $1,324.63
5 x p/wk 4yd Compactor $1,425.31 $187.31 $1,612.62
6 x p/wk 4yd Compactor $1,679.83 $220.76 $1,900.59
MultiFamily Residential Refuse Bins: Rate Per Bin (Monthly) with Universal Waste 1 x p/wk 3yd $153.10 $20.12 $173.22
2 x p/wk 3yd $257.67 $33.86 $291.53
3 x p/wk 3yd $362.27 $47.61 $409.88
4 x p/wk 3yd $472.90 $62.15 $535.05
5 x p/wk 3yd $577.48 $75.89 $653.37

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326

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE
6 x p/wk 3yd $682.04 $89.63 $771.67

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327

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE
1 x p/wk 4yd $204.14 $26.83 $230.97
2 x p/wk 4yd $343.57 $45.15 $388.72
3 x p/wk 4yd $483.02 $63.48 $546.50
4 x p/wk 4yd $630.56 $82.87 $713.43
5 x p/wk 4yd $769.97 $101.19 $871.16
6 x p/wk 4yd $909.40 $119.51 $1,028.91
Commercial & Multi-family Recycling Bins: Rate Per Bin (Monthly) 1 x p/wk 3yd $83.89 $11.02 $94.91
2 x p/wk 3yd $134.22 $17.64 $151.86
3 x p/wk 3yd $201.36 $26.46 $227.82
4 x p/wk 3yd $268.46 $35.28 $303.74
5 x p/wk 3yd $335.61 $44.11 $379.72
6 x p/wk 3yd $402.72 $52.93 $455.65
1 x p/wk 4yd $109.07 $14.33 $123.40
2 x p/wk 4yd $174.49 $22.93 $197.42
3 x p/wk 4yd $261.77 $34.40 $296.17
4 x p/wk 4yd $348.99 $45.86 $394.85
5 x p/wk 4yd $436.28 $57.34 $493.62
6 x p/wk 4yd $523.52 $68.80 $592.32
Contaminated $80.45 $10.57 $91.02
Commercial & Multi-family Additional Services
Locking Bins - installation $36.71 $4.82 $41.53
3yd / 4yd Compactor - Additional pick-up $188.45 $24.77 $213.22 3yd-Bin Overflow/extra dumps-Mixed Waste Charge Per Occurance $79.53 $10.45 $89.98 3yd-Bin Overflow/extra dumps-with lock Charge Per Occurance $82.58 $10.85 $93.43 3yd-Bin Overflow/extra dumps-Recycling Charge Per Occurance $63.13 $8.30 $71.43 2 or 3yd Bin Overflow/extra dumps-Organics Charge Per Occurance $114.66 $15.07 $129.73 4yd-Bin Overflow/extra dumps-Mixed Waste Charge Per Occurance $106.08 $13.94 $120.02 4yd-Bin Overflow/extra dumps-with lock Charge Per Occurance $109.11 $14.34 $123.45 4yd-Bin Overflow/extra dumps-Recycling Charge Per Occurance $63.13 $8.30 $71.43 Commercial Food Scrap Organic Rates (Monthly)
1 x p/wk 35-gallon cart $62.64 $8.23 $70.87
2 x p/wk 35-gallon cart $124.44 $16.35 $140.79
3 x p/wk 35-gallon cart $186.67 $24.53 $211.20
4 x p/wk 35-gallon cart $248.90 $32.71 $281.61
5 x p/wk 35-gallon cart $311.13 $40.89 $352.02
6 x p/wk 35-gallon cart $373.34 $49.06 $422.40
1 x p/wk 65-gallon cart $88.47 $11.63 $100.10
2 x p/wk 65-gallon cart $175.81 $23.10 $198.91
3 x p/wk 65-gallon cart $263.73 $34.66 $298.39
4 x p/wk 65-gallon cart $351.62 $46.21 $397.83
5 x p/wk 65-gallon cart $439.52 $57.76 $497.28

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328

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE
6 x p/wk 65-gallon cart $527.42 $69.31 $596.73

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329

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE
1 x p/wk 2yd $429.49 $56.44 $485.93
2 x p/wk 2yd $777.30 $102.15 $879.45
3 x p/wk 2yd $1,125.12 $147.86 $1,272.98
4 x p/wk 2yd $1,472.95 $193.57 $1,666.52
5 x p/wk 2yd $1,820.77 $239.28 $2,060.05
6 x p/wk 2yd $2,168.58 $284.99 $2,453.57
1 x p/wk 2yd locking lid $445.60 $58.56 $504.16
2 x p/wk 2yd locking lid $809.51 $106.38 $915.89
3 x p/wk 2yd locking lid $1,173.48 $154.22 $1,327.70
4 x p/wk 2yd locking lid $1,537.39 $202.04 $1,739.43
5 x p/wk 2yd locking lid $1,901.33 $249.87 $2,151.20
6 x p/wk 2yd locking lid $2,265.27 $297.70 $2,562.97
Multi-Family Food and Green Waste, or Green Waste Only (Monthly) 1 x p/wk 35-gallon cart $50.51 $6.64 $57.15
2 x p/wk 35-gallon cart $100.30 $13.18 $113.48
3 x p/wk 35-gallon cart $150.46 $19.77 $170.23
4 x p/wk 35-gallon cart $200.61 $26.36 $226.97
5 x p/wk 35-gallon cart $250.76 $32.95 $283.71
6 x p/wk 35-gallon cart $300.92 $39.55 $340.47
1 x p/wk 65-gallon cart $67.57 $8.88 $76.45
2 x p/wk 65-gallon cart $134.16 $17.63 $151.79
3 x p/wk 65-gallon cart $201.25 $26.45 $227.70
4 x p/wk 65-gallon cart $268.32 $35.26 $303.58
5 x p/wk 65-gallon cart $335.40 $44.08 $379.48
6 x p/wk 65-gallon cart $402.48 $52.89 $455.37
1 x p/wk 2yd $311.26 $40.91 $352.17
2 x p/wk 2yd $540.85 $71.08 $611.93
3 x p/wk 2yd $770.46 $101.25 $871.71
4 x p/wk 2yd $1,000.06 $131.43 $1,131.49
5 x p/wk 2yd $1,229.65 $161.60 $1,391.25
6 x p/wk 2yd $1,459.25 $191.77 $1,651.02
1 x p/wk 3 yd $466.88 $61.36 $528.24
2 x p/wk 3 yd $811.28 $106.62 $917.90
3 x p/wk 3 yd $1,155.68 $151.88 $1,307.56
4 x p/wk 3 yd $1,500.08 $197.14 $1,697.22
5 x p/wk 3 yd $1,844.47 $242.40 $2,086.87
6 x p/wk 3 yd $2,188.87 $287.66 $2,476.53

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330

13.14189%
Currrent Rates as
of 7/1/2025 Adjustment Proposed Rates
7/1/2026

CITY OF ALISO VIEJO

SOLID WASTE COLLECTION RATE SCHEDULE
Permanent Rolloff Boxes Refuse Rates (rates are per pull) Drop-off box - plus actual landfill fee $290.72 $38.21 $328.93 Drop-off box - plus actual processing fee $308.16 $40.50 $348.66 Drop-off box-Source Separated Flat rate $415.35 $54.58 $469.93 Compactor - plus actual landfill fee $323.96 $42.57 $366.53 Compactor - plus actual processing fee $353.53 $46.46 $399.99 Processing Fee per ton $69.15 $9.09 $78.24
Green waste Fee per ton $38.92 $5.11 $44.03
AD Processing Fee per ton $116.68 $15.33 $132.01
Clean-up Bins
Clean-up Bin Weekly rental $173.87 $22.85 $196.72
Clean-up Bin Weekly-recycling $124.11 $16.31 $140.42
Clean-up Bin over weight additional charge $86.44 $11.36 $97.80 3 yd bin after 7 days (rental) per day $7.21 $0.95 $8.16 Clean-up Bin trip charge $72.03 $9.47 $81.50

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331
Solid Waste Service Rates
Proposition 218 Hearing
332
2 Waste Disposal Agreement
• Solid Waste that isn’t recycled is disposed of at County landfill facilities
• Waste Disposal Agreement implemented in 1997 to provide reduced rates for contract customers
• $43.76 compared with $67.76
• After several amendments (2004, 2009, 2015, 2025) the WDA expires June 30th
333
3 Waste Infrastructure System Enterprise (WISE) Agreement • OC City Managers Association negotiated terms proposed by the County in the new WISE Agreement
• Council approved WISE Agreement April 1st
• New rate structure increased per ton disposal fees paid by contract customers at the landfill facilities
• $43.76 to $67.00
• Public (non-contract) rate will be at least 10% higher 334
4 Solid Waste Service Rates
• CR&R reviewed and accepted the terms of the WISE
Agreement
• Residential collection rates in FY 26-27 will increase 13.1% ($3.35/mo)
• Aliso Viejo residential rates before and after the increase are slightly below the County average
335
5 Future Solid Waste Service Rates
• Future adjustments based upon
• Fuel rates
• CPI
• Disposal fees
• FY 26-27 - $67.00
• FY 27-28 - $74.00
• FY 28-29 - $81.00
• Future - $81.00 plus CPI
336
6 Questions
337
City of Aliso Viejo

AGENDA ITEM

DATE: June 17, 2026

TO: Mayor and City Council

FROM: Ann Eifert, Director of Financial Services

SUBJECT: PUMP TRACK PROJECT

Recommended Actions:

1. Provide direction to s taff on the approval or disapproval of the Pump Track Capital Improvement Project initially proposed by Mayor Max Duncan for Fiscal Year 2026 -

27. Approval of the project would include the following:
a. Staff w orking with Aliso Viejo Community Association (AVCA) to ob tain approval for a location and a land-use agreement for the construction and operation of a pump track.
b. Staff undergoing the purchasing process for the design and construction of the pump track , which may include using a cooperative purchasing agreement. Contracts for the design and construction of the project will be brought to City Council for approval.

Fiscal Impact:

If the project is approved, the City Council has already allocated $824,802 for the project from park-in-lieu fees for Fiscal Year 2026-27. So, there is no additional fiscal impact at this time with this action . However, if a ny additional funds are required for the project , staff will bring it back to the City Council for approval.

Background:

At the September 17, 2025, City Council meeting, Mayor Duncan introduced a community youth presentation and discussion to build a pump track in the City. The City Council subsequently approved the creation of a Pump Track Ad -Hoc Committee comprised of Mayor Duncan and Councilmember Zandbergen.

On October 1, 2025, the City Council approved the use of the City’s indicia as it relates to email signatures and presentations related to the activities of the Pump Track Ad-Hoc Committee.

338

Page 2 of 4 ends
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