The Public Works & Utilities Department performs annual inspections of all City streets to identify privately maintained vegetation or other improvements that present obstructions to pedestrians and vehicles, in violation of LBMC Sections 11.30.010 and 11.30.040. California Government Code Sections 39560- 39588 provide a process for the abatement of such public nuisances for any number of properties at one time. That process is codified in LBMC Chapter 12.12 (Abatement of Weeds and Obstructions to Intersection Visibility), pursuant to Government Code Section 39501. In order to efficiently carry out the abatement of all of the properties identified by City staff through this annual inspection, the City follows the process in LBMC Chapter 12.12. This year, there are 99 parcels requiring abatement. These properties are listed on Exhibit A of the attached resolution. (Attachment 1).
In accordance with LBMC Chapter 12.12, to proceed with abatement of the public nuisances, the City Council is required to set a public hearing date to consider any protests to the proposed abatement of public nuisances. Upon adoption of the attached resolution, affected property owners will be notified of the public hearing date by mail. Staff recommends that the City Council adopt the attached resolution setting a public hearing date of May 12, 2026, at 5:00 p.m.
Those properties that are not in compliance with the order to abate by June 12, 2026, will be abated by the City, and the abatement costs will be added to the owners’ property tax bills.
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.
If property owners fail to complete the required vegetation abatement, the City may perform the work and recover the associated costs through assessments placed on the property owners’ tax bills, consistent with the procedures outlined in Government Code Sections 39560–39588 and LBMC Chapter 12.12.
ENVIRONMENTAL ANALYSIS
The annual abatement of public nuisances (Project) qualifies for a categorical exemption pursuant to Section 15304 of the State CEQA Guidelines – Minor Alterations to Land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of vegetation and weeds that are public nuisances to pedestrians and vehicles constitute minor alterations to land, and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines section 153002. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the vegetation and weeds only need be removed permanently one time. There are no unusual circumstances that apply to the Project that would result in a reasonable possibility for a significant effect on the environment since these involve minor removal of vegetation and weeds. There are no scenic resources within an officially designated scenic highway on or near the abatement of vegetation and weeds that would result in damage to those scenic resources as a result of the Project. The properties listed on Exhibit A of the attached resolution are not included on any list compiled pursuant to Government Code section 65962.5. There are no historical resources on or near the properties such that there would be a substantial adverse change in the significance of such historical resource. Thus, the Project is exempt pursuant to Class 4, and no further environmental review is required.
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RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK AND
INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM
March 24, 2026
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RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK AND
INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM
March 24, 2026
ATTACHMENTS
1. Resolution and Exhibit A (Pgs. 4-9)
Submitted By:
.Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Reza Jafari, Deputy Director/ Public Services
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RESOLUTION NO. 26.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT
VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS,
PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA
BEACH ARE A PUBLIC NUISANCE, AND DIRECTING THE CITY
CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID
VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING
THE TIME FOR HEARING OBJECTIONS AND PROTESTS, AND
FINDING THE PROJECT EXEMPT FROM CEQA
The City Council of the City of Laguna Beach hereby resolves and orders as follows:
Section 1. Pursuant to the provisions of Laguna Beach Municipal Code Chapter 12.12 (Abatement of Weeds and Obstructions to Intersection Visibility) and Laguna Beach Municipal Code Section 11.30.040 pertaining to abatement of vegetation and obstructions that interfere with public interest and use, the City Council hereby determines and declares that all vegetation or weeds located upon the streets, sidewalks, parkways and private property in the City of Laguna Beach hereinafter identified and described, are noxious and dangerous and endanger the public safety and are hereby declared a public nuisance. The streets, sidewalks, parkways, and private property in the City of Laguna Beach upon which or in front of which said vegetation or weeds are located are designated and described on Exhibit “A” attached hereto and incorporated herein by this reference.
Section 2. Pursuant to the provisions of Laguna Beach Municipal Code Chapter 12.12 (Abatement of Weeds and Obstructions to Intersection Visibility) and Laguna Beach Municipal Code Section 11.30.010 pertaining to abatement of vegetation and obstructions to intersection visibility, the City Council hereby determines and declares that all such vegetation or weeds located upon any property at intersecting streets in the City of Laguna Beach hereinafter identified and described are noxious and dangerous and endanger the public safety and are hereby declared a public nuisance.
The property in the City of Laguna Beach upon which or in front of which said vegetation or weeds are located are designated and described on Exhibit “A” hereto and incorporated herein by this reference.
Section 3. The City Council hereby fixes the 12th day of May 2026, at the hour of 5:00 Attachment 1
3 5 of 157
p.m., as the date and time for the City Council to hear and consider all objections and protests, if any, to the proposed removal of said vegetation or weeds. The notice mailed to property owners in accordance with Section 4 below shall contain instructions for presenting any objections and protests in writing and/or at the time of the hearing in person or by telephone.
Section 4. The City Clerk is hereby instructed to prepare and mail notices to destroy said vegetation or weeds as required by law, to all persons owning property described in “Exhibit A” as shown on the last equalized assessment rolls, said notice to be mailed at least five days prior to the time for hearing objections by the City Council.
Section 5. This annual abatement of public nuisances is categorically exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15304 – Minor Alterations to Land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. This project is designed to eliminate privately maintained vegetation or weeds that are public nuisances in order to minimize obstructions to pedestrians and vehicles. This is exempt under Class 4 because the abatement of vegetation and weeds are minor alterations to land and does not involve the removal of mature, scenic trees. None of the exceptions outlined in State CEQA Guidelines section 15300.2 apply, and therefore no further environmental review is required.
City Council directs staff to cause a Notice of Exemption to be submitted to the County Clerk and State Clearinghouse within five days of the adoption of this Resolution.
ADOPTED this 24th day of March, 2026.
_________________________________
Mark Orgill, Mayor
ATTEST:
_______________________________
Ann Marie McKay, City Clerk
4 6 of 157
I, Ann Marie McKay, Clerk of the City Council of the City of Laguna Beach, California, do hereby certify that the foregoing Resolution No. 26.XXX was duly adopted at a Regular Meeting of the City Council of said City held on March 24, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________________
Ann Marie McKay, City Clerk
5 7 of 157
Exhibit A
Nuisance Abatement - 2026 Parcel List
# Assessor Parcel No. Site Street Address Property Owner 1 053-135-01 1352 Circle Way Dawn Craig
2 053-135-07 1316 Circle Way Bruno A Olshausen
3 053-152-08 110 La Brea St Maryann O Pentz
4 496-081-07 450 Cliff Dr Tara Clan Balboa LLC
5 496-082-01 397 North Coast Hwy Heisler Laguna LLC
6 496-135-03 310 Hawthrone Rd Gregory J Caruso
7 496-121-07 445 Cypress Dr Tjene Inc
8 496-172-06 445 Linden St Shirley Matthews Jagles
9 496-035-02 325 Holly St Steven John Morgan
10 053-142-06 347 Pinecrest Dr Robert H Simon
11 053-123-10 225 Viejo St 123 West Pomona LLC
12 053-123-29 1342 North Coast Hwy John G Mazza
13 053-111-12 300 Camden Pl Ola L Assem
14 053-111-13 565 Dunnegan Dr Lee S Friedman
15 496-071-34 770 Hillcrest Castleplus Real Estate Investment Inc 16 053-092-25 475 Panorama Dr Gary S Seehoff
17 053-092-07 1600 Sunset Ridge Dr Dona Jo Blurock
18 496-181-13 590 North Coast Hwy Paulette Adams
19 644-036-30 621 Ramona Ave PFG Laguna Beach Oil LLC
20 644-043-03 513 Through St Karen Gonzales
21 644-043-06 545 Through St Glynnis Engen
22 641-271-10 626 Virginia Park Walter Michael Stender
23 641-292-05 646 Vista Ln Seth R Johnson
24 641-292-10 690 Vista Ln Mary L & Mark Craig Dawson
25 641-292-06 662 Vista Ln Bienvenida S Cruz
26 641-303-22 1280 Anacapa Way Lisa D Jago
27 641-303-29 1248 Anacapa Way Chandrashekhar Shende
28 641-303-30 1244 Anacapa Way Bo Eluf Nielsen
29 641-303-32 1234 Anacapa Way Rarviz Shams
30 641-303-35 1222 Anacapa Way Anacapa Way LLC
31 641-303-34 1228 Anacapa Way Adsiz Dogan Ekmekci
32 641-303-37 1214 Anacapa Way Anne Krizman
33 641-491-05 1350 Moorea Way Lee Dudley Blevins
34 641-322-21 1325 Pitcairn Pl Stephen A & Denise C Marinacci 35 641-294-10 691 Mystic Way Carl Howard Bruns
36 641-294-09 685 Mystic Way James Richard Shoemaker
37 641-294-11 697 Mystic Way Evan G Linder
38 641-304-03 715 Mystic Way OC Hills LLC
39 641-303-07 1224 Coronado Dr Jeffery Liao
40 641-303-13 1278 Coronado Dr Helmut Bauer
41 641-303-12 1268 Coronado Dr Marilyn Cabang Pannell
42 641-303-06 1218 Coronado Dr Monu J Joseph
6 8 of 157
Exhibit A
Nuisance Abatement - 2026 Parcel List
# Assessor Parcel No. Site Street Address Property Owner 43 641-303-04 1223 Skyline Dr Illia Rudenko
44 641-303-01 1200 Skyline Dr Gregory E Marsella
45 641-303-39 1197 Skyline Dr Kurt B Marquez
46 641-301-06 1255 Skyline Dr Steven K Williams
47 641-301-07 1247 Skyline Dr James B Prusa
48 641-302-02 1220 Bermuda Dr Kjeld Poschmann
49 641-302-03 1216 Bermuda Dr Robert Alan Lebby
50 641-301-10 1229 Skyline Dr Dominic G Caldara
51 641-452-08 2421 Park Av Maera LLC
52 641-421-30 2324 Hillview Dr Irma Hernamdez
53 641-452-01 2581 Park Ave Carl S & Barbara T Brown
54 641-052-01 2665 Park Ave Ursula Staubli
55 641-051-08 3146 Bern Dr Christopher Andrezze
56 641-021-04 3186 Bonn Dr Terri Lynn Eisenberg
57 641-022-03 3163 Bonn Dr Bonn View LLC
58 641-031-22 3013 Nestall Rd Timothy James Rabun
59 644-321-15 1486 Morningside Cir Lars Erik Sundberg
60 644-322-35 1657 Bluebird Canyon Dr David Scot Zimmerman 61 644-322-38 1689 Bluebird Canyon Dr Mark Haskins
62 644-332-05 1372 Morningside Dr Melinda A & David Merle Bowles 63 644-332-08 1344 Morningside Dr Betty Luskin
64 644-332-07 1354 Morningside Dr Shiyong Yang
65 644-341-35 1160 Morningside Dr Brian & Kristin Tovtin 66 644-207-03 1434 Santa Cruz St William Pawluk
67 644-201-15 1340 Glenneyre St Paul Maguire
68 644-211-03 1331 Glenneyre St Christopher Keller
69 644-221-15 1520 Glenneyre St Andrea Grossman
70 644-268-07 1990 Glenneyre St Arthur Przybyl
71 656-143-45 629 Alta Vista Way Kaj Lea
72 656-143-26 559 Alta Vista Way Mahdad Fard-Ghassemi
73 656-134-07 2518 Encina Way Marie Titolo
74 656-191-29 30922 Coast Hwy Laguna Almont LLC
75 656-134-12 2501 Duarte Way Mahesh & Jayshree Vyas
76 656-137-01 725 Fontana Way Frank Daccone
77 656-101-14 2604 Solana Way Ernest Huddleson
78 656-101-16 2626 Solana Way Tram Quynh Le Nguyen
79 656-101-17 2647 Glenneyre St Eve Wong Figge
80 656-054-14 639 Bolsana Dr Michael & Beverly Ouimette 81 656-054-15 649 Bolsana Dr Patrick Reilly
82 656-058-06 619 Balboa Ave Ali Homayouni
83 656-054-20 699 Bolsana Dr Patricia Lynn Simmons
84 656-054-23 721 Bolsana Dr Charles J Bixler
7 9 of 157
Exhibit A
Nuisance Abatement - 2026 Parcel List
# Assessor Parcel No. Site Street Address Property Owner 85 656-054-24 725 Bolsana Dr Clifford Terry
86 656-054-25 733 Bolsana Dr Behrooz B & Kay Mirshafiee 87 656-054-26 745 Bolsana Dr Hormuz & Rhoda Irani
88 056-105-34 31736 4th Ave Rose Marie Harrold
89 658-112-04 31919 Virginia Way Michael Blanchard
90 658-112-05 31921 Virginia Way Christopher Todd Lambert 91 658-112-06 31923 Virginia Way Sharam Danny Shaoulian 92 658-112-08 31932 Coast Hwy Gary W Finley
93 658-112-02 31902 Coast Hwy James Russell & Gina Marie Laubham 94 658-111-07 31844 Coast Hwy Justin & Christy Helwig
95 056-031-13 31425 Monterey St Brian Joseph Smith
96 056-031-11 31411 Monterey St Dajun Xu
97 496-094-14 204 Cliff Dr Bruce E Vanderwilt
98 496-172-07 439 Linden St Leslie Ann Oneil
99 496-163-26 333 High Dr Carol Ann Jackson
8 10 of 157
STAFF REPORT
Meeting Date:
March 24, 2026
CONSENT
10 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF LAGUNA BEACH TO SET A PUBLIC
HEARING DATE FOR THE ANNUAL WEED ABATEMENT PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT WEEDS,
RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE
PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE AND
DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID
WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS,” which will set a hearing date of May 12, 2026, for the annual Weed Abatement Program; and
2. Find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to pursuant to CEQA Guidelines § 15304 and are further statutorily exempt as none of the exceptions to the exemptions set forth under State CEQA Guidelines § 15300.2 apply.
SUMMARY OF THE MATTER
This report recommends that the City Council adopt a resolution declaring weeds, rubbish, and refuse on certain properties within the City to be a public nuisance and setting a public hearing date of May 12, 2026, for the Annual Weed Abatement Program.
Each year, the Fire Department conducts inspections on City-owned lots and private parcels to identify vegetation, rubbish, and refuse that constitute a public nuisance and require removal. These public nuisances must be addressed under the Municipal Code's abatement procedures and the California Government Code.
This year, 368 parcels require abatement. The affected parcels are listed in Exhibit A of the attached resolution (Attachment 1). If the properties fail to comply with the abatement order by May 12, 2026, the City will address the non-compliance, and the associated costs will be included in the property tax assessment.
There is no fiscal impact associated with adopting the resolution, as any abatement costs incurred by the City may be recovered from the responsible property owner.
DISCUSSION
The Laguna Beach Fire Department conducts annual inspections of City-owned and private parcels to identify vegetation, rubbish, and refuse that may pose a fire hazard or otherwise constitute a public nuisance.
The removal of these hazards is an important component of the City’s wildfire prevention and public safety efforts.
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RESOLUTION OF THE CITY COUNCIL OF LAGUNA BEACH TO SET A PUBLIC HEARING
DATE FOR THE ANNUAL WEED ABATEMENT PROGRAM
March 24, 2026
The City must follow the procedures outlined in Article 2, Chapter 13, Part 2, Division 3, Title 4 of the California Government Code and Chapter 12.12 of the Laguna Beach Municipal Code, which authorize cities to declare weeds, rubbish, and refuse a public nuisance and provide property owners with an opportunity to protest prior to abatement.
Adoption of the attached resolution initiates this process by:
• Declaring the identified weeds, rubbish, and refuse to be a public nuisance; • Directing the City Clerk to mail notices to affected property owners; and • Setting a public hearing date to allow property owners to present any objections or protests.
If the City Council adopts the resolution, notices will be mailed to affected property owners informing them of the May 12, 2026, public hearing. Notices will be mailed at least five days prior to the hearing, as required by state law. Property owners will have the opportunity to remove the weeds, rubbish, or refuse themselves before the hearing. If the nuisance conditions are not corrected, the City Council may authorize the City to perform the abatement.
Following the City's abatement, the costs associated with the work may be recovered through the property tax assessment process, consistent with applicable law. The public hearing will be held in City Council Chambers, where property owners will have the opportunity to present objections or protests before any City-performed abatement actions.
FINANCIAL ANALYSIS
The recommended action has no financial impact on the budget. If property owners fail to remove the nuisance conditions, the City may perform the abatement and recover associated costs through the property tax assessment process in accordance with applicable law.
ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
The Annual Weed Abatement Program supports the City Council’s Public Safety and Wildfire Preparedness priorities by reducing vegetation hazards that may contribute to wildfire risk. Proactive inspection and abatement of combustible vegetation helps protect residents, property, and critical infrastructure while supporting the City’s ongoing efforts to reduce wildfire hazards and maintain safe community conditions.
ENVIRONMENTAL ANALYSIS
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RESOLUTION OF THE CITY COUNCIL OF LAGUNA BEACH TO SET A PUBLIC HEARING
DATE FOR THE ANNUAL WEED ABATEMENT PROGRAM
March 24, 2026
The annual abatement of public nuisances (Project) qualifies for a categorical exemption pursuant to § 15304 of the State CEQA Guidelines – Minor Alterations to Land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of vegetation and weeds that pose a public nuisance to pedestrians and vehicles constitutes a minor alteration to land and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines § 15300.2 apply. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the vegetation and weeds are removed as needed and do not require permanent or repeated abatement. There are no unusual circumstances associated with the Project that would create a reasonable possibility of a significant environmental effect, as the activities are limited to the minor removal of vegetation and weeds. There are no scenic resources within an officially designated scenic highway on or near the abatement areas that would be impacted by the Project. The properties listed in Exhibit A of the attached resolution are not included on any list compiled pursuant to Government Code Section 65962.5. There are no historical resources on or near the properties such that the Project would result in a substantial adverse change to the significance of a historical resource.
ATTACHMENTS
1. Weed Abatement Resolution with Exhibit A (Pgs. 4-10) Submitted By:
. Approved: .David A Kiff
Niko King, Fire Chief Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Kirsten Gallacher, Senior Administrative
Analyst
Robert Montaghami, Fire Marshal
Niko King, Fire Chief
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RESOLUTION NO. 26.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, DECLARING AND
DETERMINING THAT WEEDS, RUBBISH, AND REFUSE UPON
THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE
PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC
NUISANCE AND DIRECTING THE CITY CLERK TO MAIL
NOTICES TO DESTROY AND REMOVE SAID WEEDS,
RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING
THE TIME FOR HEARING OBJECTIONS AND PROTESTS
The City Council of the City of Laguna Beach does resolve and order as follows:
SECTION 1: That pursuant to the provisions of Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code of the State of California and Chapter 12.12 of the Laguna Beach Municipal Code pertaining to abatement of weeds and obstructions to intersection visibility, the City Council of the City of Laguna Beach hereby determines and declares that all weeds, rubbish, and refuse located upon the streets, sidewalks, parkways and private property in the City of Laguna Beach hereinafter identified and described, are noxious and dangerous and endanger the public safety and are hereby declared a public nuisance. The streets, sidewalks, parkways, and private property in the City of Laguna Beach upon which or in front of which said weeds, rubbish, and refuse are located and designated and described on Exhibit “A” attached hereto and incorporated herein by this reference.
SECTION 2: That the 12th day of May 2026, at the hour of 5:00 p.m., shall be and the same hereby is fixed as the date, time, and place for the City Council to hear and consider all objections and protests, if any, to the proposed removal of said weeds and rubbish. The hearing will be conducted in Council Chambers. The notice mailed to property owners in accordance with Section 3 below shall contain instructions for presenting any objections and Attachment 1
4 4 of 167
-2- Reso. #26.XXX
protests in writing and/or in person at the time of the hearing in Council Chambers.
SECTION 3: That the City Clerk of the City of Laguna Beach is hereby instructed to prepare and mail notices to destroy said weeds, rubbish, and refuse as required by law, to all persons owning property described in Section 1 hereof as shown on the last equalized assessment rolls, said notice to be mailed at least five days prior to the time for hearing objections by the City Council.
ADOPTED this 24th day of March, 2026.
Mark Orgill, Mayor
ATTEST:
Ann Marie McKay, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.XXX was duly adopted at a regular meeting of the City Council of said City held on March 24, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk, City of Laguna Beach, CA
5 5 of 167
AP ADDRESS MAIL_ADDRESS MAIL_STAT MAIL_ZIP OWNER
1 053-101-25 1648 HILLCREST DR 23122 VIA CELESTE COTO DE CAZA CA 92679 KINGSLEY, JOHN CLARK TR 2 053-111-36 NO SITE ADDRESS 31423 COAST HWY, UNIT 76 LAGUNA BEACH CA 92651 LUNT, DONNA TR RONALD 3 053-112-24 465 DARTMOOR ST 29 OFFSHORE NEWPORT COAST CA 92657 HALE, LISA HINRICHSEN TR 4 053-131-20 NO SITE ADDRESS PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KENT L TR KENT 5 053-131-21 257 CRESCENT BAY DR PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KENT L TR THE K 6 053-131-23 267 CRESCENT BAY DR 267 CRESCENT BAY DR LAGUNA BEACH CA 92651 HYNES, ANTHONY W JR TR 7 053-134-20 300 CRESCENT BAY DR PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KENT LANDIS TR K 8 053-134-21 1400 N COAST HWY PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KEITHA M TR K M 9 053-134-22 1400 N COAST HWY PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KEITHA M TR K M 10 053-134-23 1400 N COAST HWY PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KEITHA M TR K M 11 053-134-25 NO SITE ADDRESS 25 FIRST AVE SW , UNIT A WATERTOWN SD 57201 CRESCENT COVE CONSTRUCTION LLC 12 053-141-34 990 HILLCREST DR 564 HIGH DR LAGUNA BEACH CA 92651 ROHRER, CHARLES ROBERT TR 13 053-151-01 1271 N COAST HWY PO BOX 913 LAGUNA BEACH CA 92652 RUSSELL, KEITHA M TR 14 053-162-12 800 CLIFF DR 301 E COLORADO BLVD, UNIT 600 PASADENA CA 91101 TYSON, MARY C TR HOWELL N 15 056-020-04 31131 ALISO WAY, UNIT 31121 1062 LA CRESTA DR THOUSAND OAKS CA 91362 REYNOLDS, DARYL TR 16 056-020-11 31271 MONTEREY ST 31271 MONTEREY ST LAGUNA BEACH CA 92651 LEE, PING 17 056-031-03 31351 MONTEREY ST 31351 MONTEREY ST LAGUNA BEACH CA 92651 WONG, BRADLEY TR 18 056-042-07 31181 BROOKS ST 130 CORINTHIAN WALK LONG BEACH CA 90803 RIACH, VICTORIA TR THE T 19 056-051-10 31262 CEANOTHUS DR 31672 SEA BLUFF LN LAGUNA BEACH CA 92651 BURNES JAMES T TR 20 056-051-59 31272 HOLLY DR PO BOX 3299 INCLINE VILLAGE NV 89450 STEINBERG, LEE M TR 21 056-051-68 31162 CEANOTHUS DR 2580 PIONEER AVE, UNIT E VISTA CA 92081 CEANOTHUSDRIVE LLC 22 056-051-74 31164 CEANOTHUS DR 1332 BAJA ST LAGUNA BEACH CA 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STAFF REPORT
Meeting Date:
March 24, 2026
CONSENT
11 SUBJECT: LEASE AGREEMENT WITH ANNELIESE PRESCHOOL, INC. FOR PORTION OF THE PROPERTY IDENTIFIED AS ASSESSOR PARCEL NUMBER 988-01-95 CONSISTING SPECIFICALLY OF THE BUILDING LOCATED AT 21542
WESLEY DRIVE AND THE SMALL MULTIPURPOSE ROOM AND COMMON AREAS LOCATED AT 21540 WESLEY DRIVE CONSISTING OF RESTROOMS,
PLAYGROUND, AND PARKING SPACES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Anneliese Preschool, Inc., in a form approved by the City Attorney, for an initial two-year term with an option for three, one-year extensions, at the rate of $10,635 per month with an annual consumer price index increase; and
2. Find the action is not a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065.
SUMMARY OF THE MATTER
This report recommends that the City Council authorize the City Manager to execute a lease agreement with Anneliese Preschool, Inc. for the continued use of a portion of the Lang Park Community Center property located at 21542 Wesley Drive for an initial two-year term with three one-year extension options.
The City owns property identified as assessor parcel number 988-01-95, which is more commonly known as the Lang Park Community Center. Since 1990, Anneliese Preschool, Inc. (“Anneliese”) has leased a portion of the property to operate a year-round preschool and childcare program.
The current lease with Annaliese was executed in 2021 and is scheduled to expire on June 30, 2026.
Anneliese has requested a new lease agreement to allow the preschool program to continue operating at this location.
City staff has prepared a 2026 lease agreement that largely maintains the operational structure of the existing lease, while clarifying the leased areas and addressing parking limitations at the facility. The proposed agreement has an initial two-year term beginning July 1, 2026, with three optional one-year extensions that could extend the agreement to June 30, 2031.
The proposed rent is $10,635 for fiscal year 2026-2027, with annual adjustments based on the Consumer Price Index (CPI) each July 1.
DISCUSSION
Background
The City owns property located at 21540–21542 Wesley Drive, commonly known as the Lang Park Community Center. Since 1990, Anneliese has leased a portion of the property to operate a preschool and 1 of 206
LEASE AGREEMENT WITH ANNELIESE PRESCHOOL INC. FOR PROPERTY LOCATED AT 21542 WESLEY DRIVE
March 24, 2026
childcare program. The preschool provides year-round early childhood education and childcare services for families in the Laguna Beach Community.
The current lease agreement between the City and Anneliese was executed in 2021 (and is based on an appraisal done in 2019, with CPI adjustments). The 2021 lease expires on June 30, 2026 (Attachment 1).
In advance of the expiration, Anneliese has approached the City seeking a new lease agreement (Attachment 2).
Existing Lease Terms
Below are some of the terms from the 2021 lease:
• The monthly rent is $10,325, adjusted annually based on CPI. • Responsibility for all interior maintenance, repairs, and utility expenses. • Requirement to maintain $3 million in comprehensive liability insurance. • Use a small conference room within the Lang Park Community Center for kindergarten or specialty classes, as well as a neighboring building and outdoor play yard for preschool programs and activities.
Proposed 2026 Lease Agreement
City staff has prepared a proposed 2026 lease agreement that maintains the existing lease terms while providing additional clarity regarding the leased areas and addressing parking management at the site. The proposed lease includes an initial two-year term, with three one-year extension options through June 30, 2031. Monthly rent will be $10,635 for Fiscal Year 2026–2027 and will be adjusted annually based on the Consumer Price Index (CPI) each July 1 throughout the term of the agreement (Attachment 3).
Key provisions of the proposed lease include:
Lease Element Proposed Terms
Initial Lease Term Two years (July 1, 2026 – June 30, 2028) Extension Options Three one-year extensions
Maximum Lease Term Through June 30, 2031
Monthly Rent $10,635 for FY 2026-2027
Rent Adjustments Annual CPI adjustment each July 1
Premises Description:
The proposed lease clarifies the areas used by the preschool program. These areas included:
• The building (“Building”) located at 21542 Wesley Drive • The small multipurpose room (“Small Multipurpose Room”) located at 21542 Wesley Drive • The common areas with non-exclusive rights located at 21540 Wesley Drive:
o the common area restrooms (restroom janitor restroom); o the playground; and
o parking spaces, as further restricted in the lease (the “Common Areas”). 2 of 206
LEASE AGREEMENT WITH ANNELIESE PRESCHOOL INC. FOR PROPERTY LOCATED AT 21542 WESLEY DRIVE
March 24, 2026
Collectively, hereinafter referred to as the “Premises.” The Premises are depicted below:
Parking Management
Finally, the 2026 lease addresses parking limitations at and around the property and specifies that the City will provide a limited number of ten-minute parking passes for use by parents and guardians during dropoff and pick-up times, to be agreed upon annually by the Lessor and Lessee. Lessee shall be responsible for distributing the passes to parents and guardians and shall enforce the ten-minute parking limit against them.
All other terms of the new 2026 lease agreement are the same as the 2021 lease agreement.
FINANCIAL ANALYSIS
Monthly rent on July 1, 2026, will equal $10,635 for an annual sum of $127,620 for FY 2026-2027, which will increase annually based on the Consumer Price Index (CPI) as specified in the lease agreement.
Under the terms of the lease, Anneliese Preschool is responsible for interior maintenance, repairs, utilities, and operational costs associated with the leased premises. As a result, the lease does not create additional operational costs for the City.
ENVIRONMENTAL ANALYSIS
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LEASE AGREEMENT WITH ANNELIESE PRESCHOOL INC. FOR PROPERTY LOCATED AT 21542 WESLEY DRIVE
March 24, 2026
The recommended action consists of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “project” within the meaning of the California Environmental Quality Act. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5).) Here, the recommended action consists of continuing to lease a City-owned property to Anneliese Preschool, Inc. on the same terms that currently exist and have existed for the last five years. Therefore, there will be no direct or indirect physical change in the environment.
ATTACHMENTS
1. Executed 2021 Lease (Pgs. 3-19)
2. Letter request from Anneliese School to renew lease at Lang Park. (Pg. 20)
3. Proposed 2026 Lease (Pgs. 21-37)
Submitted By: Alexis Braun Approved: .David A Kiff
Alexis Braun, Acting Director of
Transit and Community Services
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Andrea Tirnauer, Senior Recreation
Coordinator
Jane Abzug, Assistant City Attorney
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September 9, 2025
VIA EMAIL ONLY
[email protected]
CC: [email protected]
Nabila Guzman
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92652
Regarding: Lease Agreement dated July 1, 2021
21547 Wesley Drive, Laguna Beach, CA 92651
Dear Ms. Guzman and Ms. Braun,
We are grateful for the many years we have been able to lease the premises at 21547 Wesley Drive in Laguna Beach. During this time, we have provided nursery and preschool care, offering families in the community an excellent and affordable early childhood education option.
As the current lease extension ends on June 30, 2026, we would like to formally express our interest in entering into a new Lease Agreement with the City of Laguna Beach for the premises at 21547 Wesley Drive.
Because our enrollment period begins each January, we are reaching out now to allow sufficient time to plan for the upcoming academic year. Our sincere hope is to continue serving the community from our current site.
We appreciate your consideration of this request and look forward to your response.
Sincerely,
Julie Porter
Director, Corporate Finance & Growth
[email protected]
949-497-8310 extension 109
Attachment 2
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LEASE AGREEMENT
This LEASE AGREEMENT (hereinafter “Agreement”)) is entered into as of this 24th day of March 2026 (“Effective Date”) by and between the CITY OF LAGUNA BEACH, a California municipal corporation (“Lessor”) and ANNELIESE PRESCHOOL, INC., a California corporation (“Lessee”).
1 TERM OF LEASE.
1.1 Lease of Premises. For and in consideration of the payments of rentals and the performance by Lessee of each and every term, covenant, and condition herein, as of the “Lease Commencement Date” (as that term is defined in Section 1.2 below), Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the following portions of the property identified as assessor parcel number 988-01-95: (a) the building located at 21542 Wesley Drive, in the City of Laguna Beach, State of California, 92651 (“Building”); (b) the small multipurpose room located at 21540 Wesley Drive, Laguna Beach, CA 92651 (“Small Multipurpose Room”); and (c) the following common areas with non-exclusive rights of use in Lang Park Community Center, located at 21540 Wesley Drive, Laguna Beach, CA 92651: (i) the common area restrooms (restroom janitor restroom); (ii) the playground; and (iii) parking spaces, as restricted further herein (the “Common Areas”). (Collectively, hereinafter the Building, Small Multipurpose Room, and Common Areas will be referred to hereinafter as the “Premises.”) The Premises are depicted in Exhibit A, which is attached hereto and incorporated herein by this reference.
1.2 Original Lease Term. Subject to the termination provisions of Section 9 below, the term of this Agreement (“Lease Term”) shall commence as of July 1, 2026 (“Lease Commencement Date”) and shall continue for two (2) years and terminate at 11:59 P.M. local time on June 30, 2028 (“Expiration Date”). Unless terminated earlier pursuant to the provisions of this Agreement, this Agreement shall terminate on the Expiration Date.
1.3 Option to Extend Lease Term. Subject to the following paragraph, Lessee shall have the right to extend the Lease Term for three (3) one-year (1) extensions (“Extension Term”), and in the event of any such extension, the Expiration Date shall be automatically extended to the end of the Extension Term. It is understood and agreed that Lessee shall provide Lessor written notice of its intention to exercise its option to extend the Lease Term not more than sixty (60) days and not less than thirty (30) days prior to the Expiration Date. If Lessee is in default hereunder, as set forth in Section 9.2 of this Agreement, on the date of providing notice of Lessee’s intent to exercise an option to extend the Lease Term, the option notice shall be ineffective and void. In addition, if Lessee is in default hereunder on the date of providing notice of Lessee’s intent to exercise an option to extend the Lease Term, the Extension Term shall not commence, and this Agreement shall terminate at the end of the original Expiration Date or at the end of any Extension Term authorized under this Agreement.
1.4 Conditions to Delivery. Notwithstanding anything in this Agreement to the contrary, Lessor shall not be obligated to deliver the Premises to the Lessee, and Lessee’s lease of the Premises shall not commence, until such time as all of the following conditions precedent have Attachment 3
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been satisfied, or waived by the Lessor:
1.4.1 Lessee has provided to Lessor, and obtained Lessor’s written approval of, the insurance required pursuant to Section 7 below.
2 LEASE RENTAL PAYMENTS
2.1 Monthly Rent. As consideration for the rental of the Premises by Lessor to Lessee, on each month during the Lease Term and Extension Term (if applicable) (each such date, (“Rent Payment Date”), commencing on the 1st of each month Lessee shall pay as monthly rent to Lessor the sum of Ten Thousand Six Hundred and Thirty-Five Dollars ($10,635) on the first of each month thereafter for the first twelve (12) months. Thereafter, the rent shall be increased by the amount of change in the Consumer Price Index-all Urban Consumers (CPI-U) for the Los Angeles–Anaheim–Riverside areas rounded off to the nearest dollar. This shall be determined based by the annual rate each June and be effective the following July 1st. The maximum increase will be (5%).
2.2 Payment of Rent.
2.2.1 Lessee shall make all rent payments, and pay all other sums due under this Agreement, in lawful money of the United States, by check payable to “City of Laguna Beach” and shall personally deliver or mail all rent payments without notice or demand to Lessor at the address set forth in Section 10.1 below. Lessee assumes all risks of loss and late payment if rental payments are made by mail.
2.2.2 Subject to Section 2.3 below, all payments of rent due under this Agreement shall be paid without offset or deduction and shall be deemed payments on account. Neither the payment by Lessee nor the acceptance by Lessor of any rent or other sums in an amount which is less than the amount due and payable pursuant to this Agreement, nor the issuance of a monthly statement showing as due and payable an amount less than is properly due and payable pursuant to the terms of this Agreement, shall constitute an agreement by Lessor modifying this Agreement or a waiver of Lessor’s right to receive all sums provided for in this Agreement. No endorsement or statement on any check or any letter accompanying any check or payment shall be deemed an accord or satisfaction, and Lessor shall accept all rent checks and payments from Lessee without prejudice to Lessor’s right to recover the balance of the amount due or to pursue any other remedy in this Agreement or otherwise provided by law.
2.3 Charge for Late Rent Payment.
2.3.1 Lessee hereby acknowledges that the late payment of rent or any other sums due hereunder constitutes a material breach of this Agreement which will cause Lessor to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative processing of delinquent notices, lost interest and income, and increased accounting costs.
2.3.2 Lessee and Lessor hereby acknowledge and agree that such late charges do not represent and shall not be deemed to be an interest payment, but that such late charges represent 22 24 of 206
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a fair and reasonable estimate of the costs and expenses that Lessor will incur by reason of Lessee’s late payment.
2.3.3 Acceptance by Lessor of any delinquent rent or late charges shall in no way constitute a waiver of Lessee’s default with respect to such overdue and delinquent payment, or in any way impair, prevent, or preclude Lessor from exercising any of its rights or remedies set forth in this Agreement or otherwise provided at law.
3 CONDITION AND INSPECTION OF PREMISES
3.1 Premises Leased “As-Is”. Lessee acknowledges that the Premises are being leased to the Lessee on an “as-is” basis, and Lessee takes and occupies the Premises without reliance upon any representation or warranty by Lessor, or any of its officials, employees, agents, or representatives, or any other person, concerning the Premises, their fitness for Lessee’s intended use or any other particular purpose or use, their income producing history, potential, or capabilities, their value, or any other promise, representation, or inducement not expressly set forth in this Agreement.
3.2 No Representation or Warranty Concerning Premises. Lessee acknowledges that neither Lessor, nor its directors, officials, employees, or agents or representatives, has made any written or oral representation, promise, or warranty, expressed or implied, concerning the Premises, their fitness for Lessee’s intended use or any other purpose or use, their income producing history, potential or capabilities, their value or any other matter not expressly set forth in this Agreement.
3.3 Inspection by Lessee. Lessee acknowledges that, as of the Lease Commencement Date, Lessee shall have had the opportunity to and shall have inspected the Premises, and that Lessee takes and leases the Premises in the condition in which the Premises exist as of the Lease Commencement Date. Lessee stipulates that the Premises are in good, clean, safe, and leasable condition, and fit for Lessee’s intended use, as of the Lease Commencement Date.
3.4 Accessibility. In accordance with California Civil Code Section 1938, Lessor hereby provides notice to Lessee that as of the Effective Date, the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). Lessor acknowledges and agrees that all Lessor improvements to the Premises shall comply with all applicable laws, including the Americans with Disabilities Act (“ADA”) of 1990 (42 U.S.C. §12101 et seq.), any amendment thereto or regulations promulgated thereunder, and any federal, state, or local ordinances or codes enacted pursuant thereto.
Lessor shall be solely responsible for all of such costs. Except to the extent caused by Lessee or any Sublessee authorized by the City in writing, Lessor shall defend, indemnify, and hold harmless Lessee and the Sublessee with respect to any claims related to the failure of the Premises or any Lessor Improvements to comply with the ADA.
3.5 Hazardous Material Disclosure. California law requires landlords to disclose to tenants the existence of certain Hazardous Materials (as defined in Section 8.2.1, below). Certain adhesives, paints, and other construction materials and finishes used on portion of the Premises may contain Asbestos Containing Materials (“ACMs”) and/or lead based paint (“LBP”). 4 USE OF PREMISES. The Premises shall be used by Lessee for year-round school and summer recreational/educational programs for children. Subject to the advance written consent and approval of Lessor in its sole and absolute discretion, and subject to such terms and conditions 23 25 of 206
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as may be prescribed by Lessor (including but not limited to insurance and indemnity). Lessee warrants and represents that it will maintain all necessary licenses, permits, and other entitlements as required for operation of recreational/educational programs on the Premises. Lessee agrees that all of Lessee’s operations or activitiesshall be conducted in compliance with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state, county, and municipal governments and appropriate departments, commissions, boards, and offices thereof which may be applicable to the Premises or to the use or manner of use of the Premises.
Lessee agrees that the use of the Premises and the programs conducted thereon shall be nondiscriminatory as to race, religion, national origin, color, gender, age, marital status, sexual preference, AIDS or AIDS-related symptoms (including HIV positive findings). 5 CONDITIONS OF USE. For and during the Lease Term and Extension Term (if applicable), Lessee’s use of the Premises, as set forth in Section 4 above, is subject to the following conditions, covenants, and restrictions:
5.1 Prior Consent for Improvements. Any alterations, additions, or improvements (excluding interior painting) to the Premises proposed by Lessee, other than routine maintenance and repair, shall be approved in advance and in writing by Lessor in its sole and absolute discretion.
Any such approved alterations, additions, or improvements shall be diligently constructed, at no cost or expense to Lessor, in a good and workmanlike manner according to and in conformity with any applicable laws, rules, and regulations of all governmental bodies and agencies.
5.1.1 In the event that Lessor grants written approval to any requested alteration of or improvement to the Premises, such approval shall be deemed conditioned upon the Lessee acquiring all governmental licenses, approvals, and permits required therefor, and such alteration or improvement shall be constructed in strict conformance with the plans approved therefor by Lessor. Once approved by Lessor, no changes or alterations shall be made to the plans without the prior written approval by Lessor.
5.1.2 In the event that Lessor grants written approval to any requested alteration of or improvement to the Premises, Lessee shall construct such alteration or improvement at the Lessee’s sole cost and expense.
5.1.3 In the event that Lessor grants written approval to any requested alteration of or improvement to the Premises, Lessee shall give Lessor not less than ten (10) days’ notice prior to the commencement of any work to the Premises. Lessor shall have the right to post notices of non-responsibility in or on the Premises or the building in which the Premises are located, as provided by applicable law.
5.2 Ownership of Improvements. All improvements, fixtures, and facilities (exclusive of trade fixtures, portable buildings, vehicles, and antennas), constructed or placed within the Premises by the Lessee shall, upon the completion of construction, installation, or placement within the Premises, be free and clear of all liens, claims, and liability for payment for labor and material. Such buildings, improvements, fixtures, and facilities (exclusive of trade fixtures, portable buildings, vehicles, and antennas), shall become and remain the property of Lessor at the expiration of this Agreement or earlier termination hereof. 24 26 of 206
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5.3 As-Built Plans and Construction Costs. As a condition of the approval of any alteration of or improvement to the Premises, Lessor shall have the right to require Lessee to prepare and furnish to Lessor, at the Lessee’s sole cost and expense, and within sixty (60) days following completion of such alteration or improvement, a complete set of reproducible “As-Built” plans for such alteration or improvement, and/or an itemized statement of the actual cost of the construction or installation of such alteration or improvement.
5.4 Modification of Alterations or Improvements. In the event that Lessee desires to modify or add to any alteration of or improvement to the Premises, no such modification or alteration shall be commenced without the prior written consent of Lessor.
5.5 Mechanic Liens or Stop-Notices. Lessee shall at all times indemnify and hold Lessor harmless from all claims, losses, demands, damages, costs, expenses, and liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including attorney fees and costs.
In the event a lien or stop-notice is imposed upon the Premises as a result of any of such construction, repair, alteration, or installation, Lessor shall either:
a) Require Lessee to record a valid Release of Lien, or b) Require Lessee to obtain and record a bond pursuant to Section 3143 of the California Civil Code, which frees the Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien.
Should Lessee fail to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop-notice, Lessee shall be in default hereunder and this Agreement shall be subject to immediate termination byLessor.
5.6 Common Area with Non-Exclusive Rights
5.6.1 Restrooms. Pursuant to this Agreement, Lessee has non-exclusive rights to use the restrooms depicted in Exhibit A during Lessee’s operation of recreational/educational programs on the Premises.
5.6.2 Playground. Pursuant to this Agreement, Lessee has non-exclusive rights to use the playground depicted in Exhibit A during Lessee’s operation of recreational/educational programs on the Premises.
5.6.3 Parking. Pursuant to this Agreement, Lessee has non-exclusive rights to use the parking lot depicted in Exhibit A during Lessee’s operation of recreational/educational programs on the Premises to accommodate student drop-off and pick-up times. Lessor and Lessee shall agree to a schedule of drop-off and pick-up time annually in writing. Lessor will provide a limited number of ten-minute parking passes for use by parents and guardians during drop-off and pick-up time. Lessee shall be responsible for distributing the passes to parents and guardians and shall enforce the ten25 27 of 206
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minute parking limitation against parents and guardians. Lessor reserves the right to modify or revoke Lessee’s non-exclusive rights to the parking lot if misuse occurs or if operational needs require.
6 MAINTENANCE AND REPAIR OF PREMISES. Lessee shall, at all times during the Lease Term and Extension Term (if applicable), maintain all portions of the Premises and improvements located thereon, at its sole expense, in good condition and repair and keep the Premises in a clean, sanitary condition, free from debris. Lessor agrees, at its sole expense, to provide weekly landscaping services, and custodial services to the shared building Monday through Friday. Lessee hereby expressly waives any right or privilege under statute or otherwise to require that repairs to the Premises or any adjacent areas be performed by Lessor, or at the expense of Lessor.
6.1 Lessee’s Default of Maintenance Duties. In the event that Lessee fails, neglects, or refusesto maintain or make repairs or replacements as required by this Agreement, Lessor shall notify Lessee in writing of such failure or refusal. Should Lessee fail or refuse to correct or commence to correct such default within ten (10) business days of receipt of such written notice from Lessor to Lessee, Lessor may (but shall not be required to), itself or by contract, undertake the necessary maintenance, repair, or replacements; and the cost thereof, including but not limited to the cost of labor, materials, and equipment, plus an administrative fee in the amount of fifteen percent (15%) of the sum of such costs, shall be paid by Lessee to Lessor within ten (10) days of Lessee’s receipt of a statement of such costs from Lessor. Any such maintenance, repair, or replacement by or on behalf of Lessor shall not be deemed to be a waiver of Lessee’s default under this Agreement, and shall not in any way impair, prevent, or preclude Lessor from exercising any of its rights or remedies set forth in this Agreement or otherwise provided at law.
7 INSURANCE AND INDEMNIFICATION
7.1 Insurance Requirements:
7.1.1 Commercial General Liability Insurance.
7.1.1.1 Lessor shall require Lessee, at Lessee’s sole cost and expense, to maintain at all times during the Lease Term and Extension Term (if applicable), commercial public liability insurance, contractual liability insurance, and property damage liability insurance for the Premises and the conduct or operation of business therein, with each of Lessor’s respective officers, officials, employees, and agents as additional insureds, with a minimum limit of One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) aggregate.
7.1.1.2 Lessee shall have the right to satisfy such minimum insurance coverage requirements through umbrella or excess coverage policies.
The limits of such insurance shall not limit the liability of Lessee. All such insurance shall insure the performance by Lessee of the indemnity provisions of Section 7.3 below as to liability for injury to, illness of, or death of persons and damage to property. All such 26 28 of 206
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insurance shall be primary and shall provide that any insurance of Lessor shall be noncontributing, and Lessee shall deliver to Lessor additional insured ACORD Form 27 evidence of insurance, or any other form reasonably requested by Lessor, issued by the insurance company duly licensed to conduct the business of insurance in the State of California and County of Orange, at least ten (10) days before the Lessee either takes possession, occupies, or otherwise enters any portion of the Premises.
7.1.1.3 Lessor shall require Lessee to procure and pay for renewals of such insurance from time to time before the expiration thereof, and Lessee shall deliver to Lessor and any additional insured such renewal certificate at least thirty (30) days before the expiration of any existing policy.
7.1.2 Workers’ Compensation. Lessor shall require Lessee, at Lessee’s sole cost and expense, to maintain at all times during the Lease Term and Extension Term (if applicable), workers compensation insurance as required by law, including employer’s liability coverage.
7.1.3 Acceptable Insurance Companies; Termination. All insurance policies required to be carried by Lessee hereunder shall be issued by responsible insurance companies authorized to issue insurance in the State of California rated A-XV or higher by Best’s Insurance Rating Service. All such policies shall provide that they shall not be amended in any way that would affect the interests of Lessor or Lessee or any such additional insureds, or cancelled, without at least thirty (30) days prior written notice to Lessor and such additional insureds. Lessee shall deliver to Lessor certificates evidencing the insurance required hereunder and all specified endorsements at least ten (10) days before Les ee either takes possession or occupies any portion of the Premises.
7.1.4 Increase in Coverage. Lessor may from time to time, but not more frequently than once every three (3) years, require that the amount of commercial public liability insurance to be maintained by Lessee under this Section 7 be increased so that the amount thereof adequately protects Lessor’s interest based on amounts of coverage required of comparable tenants in comparable buildings.
7.1.5 Deductibles; Blanket Coverage. Any policy of insurance required pursuant to this Agreement containing a deductible exceeding One Thousand Dollars ($1,000) per occurrence must be approved in writing by Lessor prior to the issuance of such policy. Lessor shall require Lessee to be solely responsible for the payment of any deductible. Any insurance required of Lessee pursuant to this Agreement may be provided by means of a so-called “blanket policy,” so long as (i) the Premises are specifically covered (by rider, endorsement, or otherwise), (ii) the limits of the policy are applicable on a “per location” basis to the Premises and provide for restoration of the aggregate limits, and (iii) the policy otherwise complies with the provisions of this Agreement.
7.1.6 Waiver of Subrogation. The insurance coverage required by this Section 7 shall contain a clause pursuant to which the insurance carriers waive all rights of subrogation against Lessor, Lessee, as the case may be, with respect to losses payable under such policies. Lessee and 27 29 of 206
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Lessor each waives, and Lessor shall require the Lessee to waive, any and all right of recovery against the others, or against the partners, members, officers, directors, shareholders, employees, and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, if and to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damage, or which is to be insured against under the terms of this Agreement. Any applicable deductible amount or coinsurance amount shall be treated as though it were recoverable under such policies. Notwithstanding the foregoing, it is agreed that in the event that any loss is due to the act, omission, or negligence or willful misconduct of Lessee or the Lessee’s employees, directors, agents, or representatives, Lessee’s liability insurance shall be primary and shall cover all losses and damages prior to any other insurance hereunder. The provisions of this Section shall not limit the indemnification provisions elsewhere contained in this Agreement.
7.2 Liability of Lessor. Lessor shall not be liable at any time for any loss, damage, or injury whatsoever to the person or property of any person or entity whatsoever, including but not limited to any employee, agent, or contractor of Lessee, resulting from or arising out of any act or omission of Lessee or of any person or entity holding under Lessee, or the occupancy or use of the Premises or any part thereof by or under Lessee, or directly or indirectly from any state or condition of the Premises, or any part thereof.
7.3 Lessee’s Indemnification Responsibilities.
7.3.1 Irrespective of any insurance carried by Lessee for the benefit of Lessor, and notwithstanding any other provision of this Agreement to the contrary, Lessor shall require Lessee to indemnify and hold Lessor, and its respective officers, officials, members, employees, agents, and representatives harmless from and against any and all actions, claims, demands, judgments, attorney’s fees, costs, damages to persons and property, penalties, obligations, expenses, or liabilities of any kind (“Claims”) that may be asserted or claimed by any person or entity (including, but not limited to, any employee, agent, or contractor of the Lessee) in any way arising out of or in connection with this Agreement, the construction, installation, and operations carried on by Lessee on the Premises or any lands to which the Lessee has access under the Lease, or the investigation, occupation, or use of the Premises by Lessee or any person or entity holding under Lessee whether or not there is concurrent passive or active negligence on the part of Lessor, its officers, officials, employees, agents, and representatives. Lessee’s indemnification obligation shall extend to any Claims arising from the use, generation, storage, treatment, handling, transportation, disposal, and release of any Hazardous Materials at, from, or near the Premises or the Building by Lessee or by anyone under Lessee’s control. The Lessee’s indemnification obligations set forth in this paragraph and the related subparagraphs shall survive termination of this Agreement. Notwithstanding the foregoing, Lessor shall not hold the Lessee liable for willful or negligent acts of Lessor, or Lessor’s officials, employees, and/or representatives. In connection therewith:
7.3.2 Lessor shall require Lessee to defend any action or actions filed in connection with any of such claims, damages, penalties, obligations, or liabilities, and shall pay all expenses and costs, including attorney’s fees, incurred in connection therewith. Lessor shall require Lessee to promptly pay any judgment rendered against Lessor, covering any such claims, damages, penalties, obligations, or activities hereunder, and hold and save Lessor harmless therefrom.
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prosecuted for damages or other claims arising out of or in connection with the possession or use of the Premises by Lessee or any person holding under Lessee, or the activities of Lessee under the Lease, Lessor shall require Lessee pay to Lessor any and all costs and expenses incurred by Lessor in any such action or proceeding, together with reasonable attorney’s fees.
7.4 Nature of Relationship. Lessor and Lessee understand and agree that the only relationship between them created by this Agreement is that of landlord and tenant, and that this Agreement does not create, and shall not be construed to create, any agency, partnership, joint venture, or other relationship between Lessor and Lessee
7.5 Compliance with Law. Lessor shall require the Lessee to keep itself fully informed of all existing and future state and federal laws and all county and City of Laguna Beach ordinances and regulations which in any manner affect the activities of the Lessee under this Agreement, or the possession or use of the Premises by Lessee, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Lessors shall require the Lessee to at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees, and shall protect and indemnify, as required herein, Lessor, its officers, officials, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Lessee or any person or entity holding under Lessee.
7.5.1 Lessor shall prohibit Lessee from engaging in any activity on or about the demised premises that violates any “Environmental Law” (as that term is defined below), and shall require Lessee to promptly, at Lessee’s sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for cleanup and removal of any contamination involving any hazardous material created or caused directly or indirectly by the Lessee. The term “Environmental Law” shall mean any federal, state, or local law, statute, ordinance, or regulation pertaining to health, industrial hygiene, or the environmental conditions on, under, or about the demised premises including, without limitations, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Sections 25248.5 et seq.; (v) the Federal Water Pollution Control Act, 33 U.S.C.
Sections 1317 et seq.; (vi) California Water Code Section 13000 et seq.; and (vii) California Civil Code Section 3479 et seq., as such laws are amended, and the regulations and administrative codes applicable thereto. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste,” “restrictive hazardous waste,” or “hazardous substance” or considered a waste, condition of pollution, or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; (iv) substances known by the State of California to cause cancer and/or reproductive toxicity; and (v) any material or substance defined as “hazardous” by any Federal, State, or local law, statute, ordinance, regulation, or order. It is the intent of the parties hereto to construe the terms “Hazardous Materials” and “Environmental Laws” in their broadest sense. Lessor shall require that Lessee provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1988, California Health and Safety Code Section 25249.5 et seq. Lessor shall require Lessee to provide prompt written notice to Lessor of the existence of 29 31 of 206
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Hazardous Materials on the premises and all notices of violation of the Environmental Law received by Lessee.
7.6 Acknowledgement of Lessor’s Title. Lessee hereby acknowledges the title of Lessor in and to the Premises, including real property and improvements existing or erected thereon, and Lessee hereby covenants and promises never to assail, contest, or resist Lessor’s title to the Premises.
7.7 Condemnation. If pursuant to the exercise of the right of condemnation or eminent domain (i) the Premises is taken or conveyed under threat of the exercising of such right, or (ii) only a portion of the Premises is so taken or conveyed and Lessee reasonably determines that the remainder of the Premises is inadequate or unsatisfactory for the purposes and authorized uses described herein, or (iii) Lessee’s access to the Premises is reduced by such taking or conveyance, or other reconstruction or alteration of the roadways abutting the Premises, whether or not property is actually taken from the Premises for such reconstruction or alteration, and Lessee reasonably determines that its access to the Premises is inadequate or unsatisfactory for the purposes and authorized uses described herein, Lessee shall have the right to terminate this Agreement subject to Lessee’s rights as set forth below. Such termination shall be effective on the date Lessee reasonably determines that its occupancy, use, or access (whichever is earlier) is inadequate or unsatisfactory for the purposes and authorized uses described herein. The termination of this Agreement as provided above shall not operate to deprive Lessor of the right, and Lessor expressly grants to Lessee the right, to make a claim for an award in condemnation, or participate in an award, for loss of business goodwill, relocation expenses, Lessee’s leasehold interest and/or lease bonus value or leasehold advantage, loss or damage to fixtures and improvements made by Lessee to the Premises, the value of Lessee’s unexpired option to extend the Term, or any other claims that Lessee is permitted under applicable law to make or elects to make, or to receive notices and participate in the condemnation proceedings, including any settlement negotiations, whether conducted prior to or after the filing of a condemnation proceeding. Lessor further agrees to provide to Lessee information regarding any settlement offers made to or by Lessor, any appraisal reports made on behalf of Lessor in connection with the condemnation proceeding, and all other data relevant to calculating the compensation or damages to which Lessor may be entitled in such a condemnation proceeding. Further, Lessor agrees to meet and confer with Lessee prior to entering into an agreement or settlement with or sale or transfer to the condemning authority.
If this Agreement is not terminated, as provided herein, Lessor and Lessee shall cooperate in good faith to determine an equitable reduction in the rent. If the parties fail to agree upon such reduction within sixty (60) days from the date Lessee is required to give up such occupancy, use, or access, whichever is earlier, Lessor and Lessee shall each choose one arbitrator and the two arbitrators so chosen shall choose a third arbitrator. The decision of any two of the arbitrators concerning the rent reduction, if any, shall be binding on Lessor and Lessee and any expense of the arbitration shall be divided equally between Lessor and Lessee. Any such reduction in rent shall not constitute an election of remedies by Lessee nor deprive Lessee of the right to make a claim for an award in condemnation as set forth above or receive notices and participate in the condemnation proceedings, including any settlement negotiations, subject to the last sentence in the immediately preceding paragraph.
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7.8 Attornment. Subject to Section 8.10 below, Lessor hereby reserves the right to sell any portion of the Premises at any time, to any person or entity. In such event, Lessee shall attorn to and become the Tenant of the successor in interest to Lessor and recognize such successor in interest as the landlord under this Agreement. No attornment shall permit material interference with Lessee’s rights under this Agreement, and any successor in interest to Lessor shall recognize Lessee and its permitted successors and assigns as the tenant of the Premises and Lessee as Lessee of the Premises, and shall not disturb Lessee’s right to quiet possession of the Premises during the Lease Term and Extension Term (if applicable) so long as no default has occurred or is continuing under this Agreement pursuant to Section 9.2 below.
7.9 Waiver of Claims. As a material part of the consideration to be rendered to Lessor under this Agreement, Lessor shall require Lessee to waive any and all claims that it may have against Lessor during the Lease Term or Extension Term (if applicable), for damage to goods, wares, and merchandise upon or about the Premises, and for injury to the Lessee, its employees, agents, representatives, invitees, or to third parties in or about the Premises, from any cause arising at any time, except for willful or negligent acts of Lessor.
7.10 Surrender of Possession.
7.10.1 At the expiration of the Lease Term or Extension Term (if applicable), or termination of this Agreement, for any reason whatsoever, Lessee shall execute, acknowledge, and deliver to Lessor a quitclaim deed conveying all rights, title, and interest of Lessee to the Premises, both land and improvements. Should Lessee fail or refuse to deliver the required deed to Lessor, Lessor may prepare and record a notice reciting the failure of Lessee to execute, acknowledge, and deliver such deed and said notice shall be conclusive evidence of the termination of the Lease and of all rights of Lessee or those claiming under Lessee in and to the Premises.
7.10.2 Lessor shall require that Lessee, at the expiration of the Lease Term or Extension Term (if applicable), or termination of this Agreement, for any reason whatsoever, promptly quit and surrender the Premises in a good state of repair, reasonable wear and tear excepted.
7.10.3 Lessor shall require that Lessee, at the expiration of the Lease Term or Extension Term (if applicable), or termination of this Agreement, for any reason whatsoever, at its sole cost and expense, remove all portable buildings, equipment and personal property placed on the Premises by Lessee, and clear the Premises of all debris; and shall further require that the Premises shall be surrendered to Lessor in goof order and clean condition, reasonable wear and tear excepted.
7.11 Disposition of Abandoned Property. If Lessee abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property left on the Premises for fifteen (15) or more days after such event shall, at Lessor’s option, be deemed to have been abandoned and transferred to Lessor. Lessor shall have the right to remove and dispose of any and all such property without liability therefor to Lessee or to any person or entity claiming under Lessee, and Lessor shall have no duty to account for such property. 31 33 of 206
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7.12 Security Measures. Lessee acknowledges that the Premises are leased to and accepted by Lessee in an “as-is” condition, and that the rent payable from Lessee to Lessor hereunder does not include the cost of security guards or any other security services or measures.
Lessee further acknowledges that Lessor makes no representation or warranty, express or implied, regarding the security of the Premises or the need for or propriety of any security measures at the Premises; and Lessee further acknowledges that Lessor shall have no obligation whatsoever to provide guard service or any other security measures. Lessor shall require the Lessee to expressly assume all responsibility for the protection and security of the Premises, Lessee, its agents, employees, invitees, and property within the Premises from any and all acts of any third party.
7.13 Disputes and Attorneys’ Fees. In the event that any action is commenced by a party to this Agreement against the other to enforce its rights or obligations arising from this Agreement or seeking to interpret this Agreement, the prevailing party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all costs, plus reasonable attorneys’ fees. Should Lessor be named in any suit brought by any third party against Lessee in connection with or arising out of Lessee’s occupancy or use of the Premises under this Agreement, Lessee shall pay to Lessor its costs and expenses incurred in such suit, including reasonable attorneys’ fees.
7.14 Prior Leases. It is mutually agreed that this Agreement shall terminate and supersede any prior leases or agreements between the parties hereto covering all or any portion of the Premises on and from the Lease Commencement Date of this Agreement.
7.15 Possessory Interest Tax. In accordance with California Revenue and Taxation Code Section 107.6(a), Lessee acknowledges that by entering into this Lease, a possessory interest subject to property taxation may be created, and that Lessee shall be subject to and responsible for the payment of any property taxes levied on such interest. 8 Default and Termination.
8.1 Term and Prior Termination. This Agreement shall continue for the Lease Term and any Extension Term (if applicable) set forth in Section 1 hereof, unless this Agreement is terminated prior to its expiration by reason of the abandonment of the Premises or breach of this Agreement by Lessee as set forth in Sections 9.2 and 9.3 below, or unless the Lease is terminated.
8.2 Default by Lessee. Each and every covenant and agreement contained in this Agreement is declared to be a condition to this Agreement, and to the Premises hereby demised to Lessee. Lessee shall be considered to have materially breached this Agreement, giving Lessor the remedies specified in Section 9.3 below, in the event that any one or more of the following occur:
8.2.1 Lessee fails or refuses to pay to Lessor any rent due hereunder when due, and such rent remains unpaid for five (5) days after written notice to pay rent or surrender possession of the Premises is served on Lessee by Lessor; or
8.2.2 Lessee defaults in the performance of or breaches any covenant, condition, or provision contained in this Agreement other than as set forth in Section 9.2.1 hereinabove, and such 32 34 of 206
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default or breach is not cured within twenty (20) days after written notice thereof is served by Lessor on Lessee; or
8.2.3 Lessee abandons or vacates the Premises; or
8.2.4 Lessee become insolvent; for purposes of this Agreement, Lessee (as applicable) shall be conclusively presumed to have become insolvent if:
a) A receiver is appointed to take possession of all or substantially all of Lessee’s property because of insolvency; or
b) Lessee makes a general assignment for the benefit of creditors; or c) Lessee allows any judgment against Lessor to remain unsatisfied or unbonded for a period of thirty (30) days or longer; or d) An attachment or execution is levied upon or against any or all of Lessee’s right, title, or interest in or under this Agreement, and the same shall not have been released within thirty (30) daysfrom the date thereof; or
e) Proceedings in receivership or bankruptcy have been or are about to be instituted against Lessee; or
f) Lessee is adjudicated bankrupt.
8.3 Remedies for Lessee’s Default. Should Lessee breach this Agreement Lessor may, in addition to any other remedy given Lessor by law or in equity:
8.3.1 Terminate this Agreement and Lessee’s right to possession of the Premises bring an action to reenter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect; or
8.3.2 In the event Lessee becomes insolvent, Lessor may, by giving twenty (20) days’ notice to Lessee to the person appointed to manage Lessee’s affairs at the address for such person appearing in the official records of the court that appointed such person, terminate this Agreement and forfeit the Lessee’s interest in the Premises and in any improvements or facilities on or appurtenant to the Premises.
8.4 Waiver of Breach. A waiver by Lessor of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a continuing waiver of such term, covenant, or condition, or a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, unless such waiver is in writing signed by Lessor. The acceptance of rent by Lessor under this Agreement shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or condition of this Agreement, other than the failure of Lessee to pay the particular rent so accepted by Lessor, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent. 33 35 of 206
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8.5 Cumulative Remedies. The remedies in Section 9.3 shall not be exclusive, but shall be cumulative and in addition to any and all other remedies now or hereafter allowed by law or otherwise authorized elsewhere by this Agreement; and the exercise of one or more of said rights, powers, elections, or remedies shall not impair Lessor’s right to exercise any other right, power, election, or remedy.
8.6 Re-entry. No entry or re-entry into the Premises by Lessor shall be construed as an election to terminate this Agreement, unless prior thereto or concurrently therewith written notice of intent to terminate is given by Lessor to Lessee. Lessor’s entry into possession of the Premises without having elected to terminate shall not prevent Lessor from making such an election and giving Lessee notice thereof.
9 Miscellaneous
9.1 Notice. Any notice payment or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by personal delivery, by deposit with a reputable overnight courier that provides a receipt with the date and time of delivery, or by depositing the same in any United States mail depository, first class postage prepaid, certified or registered, and addressed as follows:
If to Lessor: City of Laguna Beach
505 Forest Ave.
Laguna Beach, CA 92651
Attn: City Manager
If to Lessee: Anneliese Preschool, Inc.
758 Manzanita Drive
Laguna Beach, CA 92651
Attn: Paul Schimmelpfennig
or such other person or address as either party may direct in writing to the other; provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery, by registered or certified mail, return receipt requested, or by courier service, in which case service of any instrument or writing shall be deemed complete on delivery, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository.
9.2 Warranty of Authority. Each officer of Lessor and Lessee affixing his or her signature to this Agreement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter into this Agreement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith.
9.3 Headings. The titles and headings of Sections and Paragraphs of this Agreement, as 34 36 of 206
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herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants, or conditions of this Agreement or to control, limit, or modify any of the terms, covenants, or conditions hereof.
9.4 Time of Essence. Time is of the essence of this Agreement. Failure to comply with any requirement, including but not limited to any time requirement, of this Agreement shall constitute a material breach of this Agreement.
9.5 Integration, Construction and Amendment. This Agreement represent the entire understanding of Lessor and Lessee as to those matters contained herein and therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Agreement shall be governed by the laws of the State of California and construed as if drafted by both Lessor and Lessee. This Agreement may not be modified, altered, or amended except in writing signed by both Lessor and Lessee.
9.6 Successors. Subject to the provisions of Section 8.4 above, this Agreement, and all of the terms, conditions, and provisions herein, shall inure to the benefit of, and be binding upon, Lessor, Lessee, and their respective successors and assigns.
9.7 Partial Invalidity. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the date first above written.
“LESSOR”
CITY OF LAGUNA BEACH, A California
municipal corporation
By: _____
Dave Kiff, City Manager
Approved as to form:
By:
Megan Garibaldi, City Attorney
“LESSEE”
ANNELIESE PRESCHOOL, INC.
By:
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Attest:
________________________________
Ann Marie McKay, City Clerk
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EXHIBIT “A”
Portions of Assessor Parcel Number 988-01-95
21542 Wesley Drive Laguna Beach, CA 92651: Building; Small Multipurpose Room 21540 Wesley Drive Laguna Beach, CA 92651: Restroom Janitor Restroom; Playground; Parking Lot
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STAFF REPORT
Meeting Date:
March 24, 2026
CONSENT
12 SUBJECT: APPROVAL OF SERVICE AGREEMENT WITH HI-STANDARD AUTOMOTIVE,
LLC FOR POLICE VEHICLE OUTFITTING AND CONVERSION SERVICES RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute a three-year (3) contract with a not-to-exceed amount of $120,000 per year with Hi-Standard Automotive, LLC., for police vehicle outfitting and conversion services; and
2. Find that this action is not a project subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378.
SUMMARY OF THE MATTER
This report recommends that the City Council authorize the City Manager to execute a three-year agreement with Hi-Standard Automotive, LLC for police vehicle outfitting and conversion services for the Laguna Beach Police Department fleet. These services include installation of emergency lighting systems, prisoner transport equipment, console systems, electrical integrations, and other specialized modifications necessary to prepare patrol and specialty vehicles for operational use.
Hi-Standard Automotive has previously provided these services to the Police Department and has demonstrated reliable performance and familiarity with the Department’s fleet configuration standards.
Continued use of this vendor will ensure operational consistency and efficiency when equipping newly purchased police vehicles.
Funding for vehicle outfitting services is available within the Police Department’s Field Services Vehicle Purchase account, and no additional appropriation is required.
DISCUSSION
The Laguna Beach Police Department issued a Request for Proposal (RFP) POL-26-001 to solicit proposals from qualified contractors capable of providing police vehicle outfitting and conversion services for the Police Department’s fleet. These services include installation of emergency lighting systems, prisoner transport equipment, console systems, electrical integrations, and other modifications required to prepare patrol and specialty police vehicles for operational use.
Two proposals were received and evaluated: LEHR and Hi-Standard Automotive. Both vendors demonstrated the ability to meet the minimum technical requirements outlined in the RFP. Proposals were evaluated on several factors, including technical capability, experience, pricing structure, facility capacity, delivery timelines, and quality assurance processes.
While both firms were found to be qualified, Hi-Standard Automotive provides significant advantages in operational continuity, cost efficiency, and demonstrated past performance with the Police Department. 1 of 232
APPROVAL OF SERVICE AGREEMENT WITH HI-STANDARD AUTOMOTIVE, LLC FOR
POLICE VEHICLE OUTFITTING AND CONVERSION SERVICES
March 24, 2026
Hi-Standard Automotive has an established working relationship with the Laguna Beach Police Department and has previously performed vehicle outfitting and conversion services for the Police Department’s fleet.
Their installations have consistently met operational expectations, and the Police Department has not experienced quality, reliability, or service issues with their work. This proven performance significantly reduces implementation risk and ensures continuity in fleet configuration, wiring standards, equipment mounting practices, and long-term maintenance familiarity.
Additionally, Hi-Standard Automotive’s proposed hourly labor rate of $105 per hour is substantially lower than the competing proposal’s rate of $140 per hour, representing significant cost savings to the City over the life of the contract. Because fleet outfitting and conversions occur regularly throughout the year, the lower labor rate will reduce long-term operational costs.
Hi-Standard Automotive also demonstrated substantial experience performing vehicle conversions for numerous Southern California public safety agencies and confirmed their ability to meet the RFP’s required delivery timelines and service expectations.
Based on the overall evaluation of qualifications, pricing, past performance, and reduced operational risk, Hi-Standard Automotive provides the best overall value to the City of Laguna Beach for police vehicle outfitting and conversion services.
FINANCIAL ANALYSIS
In FY 24-25, the City spent $82,590 for this service. In FY 25-26, the year-to-date amount is $78,655.
There is sufficient funding in the Police Field Services Vehicle Purchase account to fund this three-year contract, with an annual “not to exceed” amount of $120,000 per fiscal year. No additional appropriation is necessary.
ENVIRONMENTAL ANALYSIS
This action is not subject to the California Environmental Quality Act ("Public Resources Code Section 21000 et seq.) ("CEQA") because it does not qualify as a "project" under CEQA. The state CEQA Guidelines provide that "[a]n activity is not subject to CEQA if ... The activity is not a project as defined in Section 15378." (CEQA Guidelines, § 15060(c).) Here, the action does not qualify as a "project" as defined in CEQA Guidelines section 15378(a) as there is no substantial evidence to show that the proposed action has the potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (CEQA Guidelines § 15378(a).) Approving the proposed action is a continuing administrative activity designed to ensure the City has a qualified and competent vendor to provide police vehicle outfitting and conversion services.
ATTACHMENTS
1. Professional Services Agreement with Hi-Standard Automotive, LLC (Pgs. 4-26) 2 of 232
APPROVAL OF SERVICE AGREEMENT WITH HI-STANDARD AUTOMOTIVE, LLC FOR
POLICE VEHICLE OUTFITTING AND CONVERSION SERVICES
March 24, 2026
Submitted By:
. Approved: .David A Kiff
Jeff Calvert, Police Chief Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Jim Beres, Police Civilian Services
Administrator
Mike Peters, Police Captain
Eva Pierce, Procurement Officer
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CITY OF LAGUNA B EACH
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement # is made and entered into this day of , 20 , by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and Hi Standard Automotive, a LLC, with its principal place of business at 1110 W. BARKLEY AVE, ORANGE, CA 92868 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
1.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing outfitting and conversion services for various police department vehicles to public clients, is licensed in the State of California, and is familiar with the plans of City.
1.2 Project.
City desires to engage Consultant to render such professional services for the POLICE VEHICLES OUTFITTING AND CONVERSION PROJECT 26-001 project ("Project") as set forth in this Agreement.
2. TERMS.
2.1 Scope of Services and Term.
5.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply professional outfitting and conversion services for various police department vehicles necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated Attachment 1
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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.
5.1.2 Term. The term of this Agreement shall be from April 1, 2026 to March 31, 2029, 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. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
5.2 Compensation.
5.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One hundred twenty thousand dollars ($120,000) per fiscal year without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
5.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all nondisputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
5.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement.
5.2.4 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.
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5.3 Responsibilities of Consultant.
5.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. 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.
5.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
5.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
5.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
MARK CASTILLO, SENIOR INSTALLER.
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5.3.5 City's Representative. The City hereby designates the Police Support Services Captain, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
5.3.6 Consultant's Representative. Consultant hereby designates MIKE BELTRAN, OWNER, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her 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.
5.3.7 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.
5.3.8 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. 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. 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 subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be reemployed to perform any of the Services or to work on the Project. 7 7 of 232
5.3.9 Period of Performance.
5.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
5.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
5.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
5.3.10 Laws and Regulations; Employee/Labor Certification.
5.3.10.1 Compliance with Laws. 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 the Services and this Agreement. 8 8 of 232
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
5.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
5.3.10.3 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.
5.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
5.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in 9 9 of 232
completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
5.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
5.3.11 Insurance.
5.3.11.1 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
5.3.11.2 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.
(3.11.2.A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (3.11.2.B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence.
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(3.11.2.C) 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. (3.11.2.D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. 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 five (5) years from termination or expiration of this Agreement.
5.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(3.11.3.A) Commercial General Liability: (1) Additional Insured:
The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (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 nonpayment of premium. (3.11.3.B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (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. (3.11.3.C) Professional Liability (Errors & Omissions): (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) 11 11 of 232
days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (3.11.3.D) Workers' Compensation: (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. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
5.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
5.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers 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 selfinsured retention.
5.3.11.7 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 on forms approved by the City, together with all endorsements affecting each policy. 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. 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 and not
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replaced immediately so as to avoid a lapse in the required coverage, 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.
5.3.11.8 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 transact business of insurance 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.
5.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
5.3.11.10Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
5.3.11.11Additional Insurance Provisions
(3.11.11.A) If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
(3.11.11.B) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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(3.11.11.C) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(3.11.11.D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (3.11.11.E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(3.11.11.F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(3.11.11.G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
5.3.11.12Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement 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, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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5.4 Labor Code Requirements.
5.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, 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.
5.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
5.4.4 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 15 15 of 232
employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
5.5 Termination of Agreement.
3.5.1 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.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 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.
5.6 Indemnification.
5.6.1 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 acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses 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 16 16 of 232
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
5.6.2 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.
5.7 General Provisions.
5.7.1 Accounting Records. 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.
5.7.2 Independent Contractors and Subcontracting.
5.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
5.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s 17 17 of 232
use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
5.7.3 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: HI STANDARD AUTOMOTIVE, LLC
1110 W. BARKLEY AVE
ORANGE, CA 92868
ATTN: MIKE BELTRAN
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Police Support Services Captain
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.
5.7.4 Ownership of Materials and Confidentiality.
5.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
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minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
5.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
5.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project.
Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
5.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
5.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & 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 19 19 of 232
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
5.7.4.6 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 an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
5.7.5 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.
5.7.6 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.
5.7.7 Attorneys’ 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 attorneys’ fees and all costs of such action.
5.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have 20 20 of 232
been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
5.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
A Time of delivery of goods or services is of the essence in this Contract. City reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at Consultant’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by City.
5.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
5.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
5.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services 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.
5.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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5.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
5.7.15 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.
5.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
5.7.17 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.
5.7.18 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. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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.
5.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
5.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
5.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
5.7.22 Emergency/Declared Disaster Requirements. In the event of an emergency or if Laguna Beach is declared a disaster area by the City, County, state or federal 22 22 of 232
government, this Contract may be subjected to unusual usage. The Consultant shall service the City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by the Consultant shall apply to serving the City’s needs regardless of the circumstances. If the Consultant is unable to supply the goods/services under the terms of the Contract, then the Consultant shall provide proof of such disruption and a copy of the invoice for the goods/services from the Consultant’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Consultant shall show both the emergency purchase order number and the Contract number.
5.8 Federal Provisions. When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LAGUNA BEACH AND
HI STANDARD AUTOMOTIVE, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF LAGUNA BEACH HI STANDARD AUTOMOTIVE, LLC
Approved By:
Dave Kiff
City Manager
Approved as to Form:
By: Mike Beltran
Its: Owner
Printed Name:
City Attorney
Attested By:
By:
Its:
Printed Name:
City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Our company will provide complete police vehicle upfitting services, including procurement, installation, configuration, and testing of all specified equipment. This includes but is not limited to emergency lighting systems, siren and control systems, prisoner transport equipment, consoles, push bumpers, communication equipment, wiring, and any additional components outlined in the bid specifications.
All installations will be performed in accordance with manufacturer guidelines and industry best practices to ensure safety, reliability, and long-term durability. Vehicles will undergo a comprehensive quality control inspection prior to delivery to verify proper operation of all installed equipment.
Scheduling will be coordinated upon receipt of vehicle(s) and written authorization to proceed to ensure efficient workflow and timely completion. We will maintain clear communication throughout the build process and promptly address any specification changes or unforeseen circumstances.
Pricing Escalation: Due to annual manufacturer price adjustments and market fluctuations affecting vehicle equipment and materials, pricing provided in this proposal is based on current vendor costs. Should manufacturers or suppliers implement price increases after the date of this proposal and prior to equipment procurement, the contract price will be adjusted accordingly to reflect the documented increase. Any such adjustments will be communicated in writing prior to implementation. 25 25 of 232
EXHIBIT "A"
SCHEDULE OF SERVICES
EXHIBIT "A"
COMPENSATION
Rates and Authorized Reimbursable Expenses
Upon receipt of vehicle quantity confirmation and written authorization to proceed, required equipment will be ordered based on the approved specifications. Equipment procurement timelines are dependent on manufacturer availability and shipping schedules.
Once all major components and required equipment are received, vehicle upfitting will begin. Build scheduling will be coordinated based on the number of vehicles released and equipment arrival to ensure an efficient workflow and timely completion.
Completion timelines will be provided once vehicle quantities and equipment specifications are confirmed. Any delays resulting from manufacturer backorders, vehicle delivery timing, or approved change orders may impact the overall schedule.
Labor Rate: $105.00 per hour (standard rate).
This rate reflects a discounted labor rate when equipment is procured through our company as part of the complete vehicle upfit package. For a standard Ford Police Interceptor Utility (PIU) build in which all major equipment is purchased through our company, labor charges will not exceed $3,500 per vehicle, based on standard specifications. Any non-standard modifications or customer-requested additions beyond the agreed specifications may result in additional labor charges.
Authorized Reimbursable Expenses:
•Freight and shipping charges (billed at actual cost; no markup applied) •Special-order or non-standard equipment not included in original specifications (billed at agreed pricing)
•Subcontracted services, if required (billed at cost or agreed-upon rate) All reimbursable expenses will be documented and included with invoicing. 26 26 of 232
STAFF REPORT
Meeting Date:
March 24, 2026
CONSENT
13 SUBJECT: APPROVAL OF AMENDED AND RESTATED NPDES STORMWATER PERMIT
IMPLEMENTATION AGREEMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange, Orange County Flood Control District, and participating Orange County cities (collectively called Permittees);
2. Authorize the City Manager, or designee, to execute the Agreement and any related documents necessary to implement the terms of the Agreement, subject to approval as to form by the City Attorney; and
3. Find that the proposed action is not a “project” under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b). Or, in the alternative, find that the proposed action is exempt pursuant to CEQA Guidelines section 15061(b)(3).
SUMMARY OF THE MATTER
This report recommends that the City Council approve the Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement between the County of Orange, the Orange County Flood Control District, and participating Orange County cities.
The Agreement updates the existing regional framework used by Orange County jurisdictions to implement stormwater management requirements under Municipal Separate Storm Sewer System (MS4) permits issued by the California Regional Water Quality Control Boards. The proposed update reflects current regulatory requirements, administrative practices, and program needs while maintaining the collaborative structure used by Orange County jurisdictions to coordinate stormwater compliance activities.
The updated Agreement allows participating jurisdictions to continue implementing the Orange County Stormwater Program through shared regional efforts such as compliance reporting, watershed monitoring, municipal staff training, and development of water quality improvement strategies. The Agreement also introduces additional flexibility to establish optional watershed or project-specific sub-budgets among participating agencies to address localized water quality priorities.
The Agreement maintains the existing cost-sharing formula based on population and land area among the participating jurisdictions, with the Orange County Flood Control District contributing ten percent of total program costs. Approval of the Agreement will allow the City to continue participating in the regional stormwater compliance program administered by the County of Orange. 1 of 403
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DISCUSSION
Background
The City is a Permittee under the Municipal Separate Storm Sewer System (MS4) permits issued by the California Regional Water Quality Control Boards (Santa Ana and San Diego Regions). The original NPDES Stormwater Permit Implementation Agreement (D90-094), which was executed in 1990 and amended in 1993 and 2002 (D02-048) (Attachment 1), established a cooperative framework for implementing the Orange County Stormwater Program to meet MS4 permit requirements and improve surface water quality.
The Agreement allowed for collaboration, consistency, and cost sharing of regional compliance strategies, municipal staff training, watershed monitoring and reporting efforts, and other MS4 program elements required of each of the Permittees.
Since the Agreement was last updated, MS4 permit requirements and related regulatory expectations have changed significantly. Watershed-specific priorities have become more complex and increasingly require targeted strategies and, where applicable, structural and programmatic solutions to meet ongoing and forthcoming compliance obligations.
Updated Agreement
The proposed Agreement (Attachment 2) restates and updates the prior Agreement to reflect current regulatory requirements, administrative practices, and programmatic needs. It continues the regional collaborative approach among Permittees while providing added flexibility to develop watershed- and subwatershed-specific strategies, programs, and projects through optional sub-budgets supported by participating agencies.
The amended and restated Agreement continues the long-standing regional approach to implementing the Orange County Stormwater Program by maintaining the County’s role as administrator of the Program (Attachment 3). This structure supports consistency across Permittees in managing MS4 permit requirements and enables coordinated implementation of regional stormwater management strategies that benefit water quality outcomes throughout Orange County.
The amended and restated Agreement also formalizes annual consultation with the Orange County City Managers Association (OCCMA) as part of the shared cost budget development process, strengthening and clarifying the budget collaboration process already in practice.
In addition, the Agreement clarifies responsibilities for each Permittee, including compliance reporting, monitoring, and the implementation of Best Management Practices (BMPs). This clarification aligns the Agreement with current MS4 permit requirements and related regulatory expectations, and it supports a shared understanding of how regional and local program components are delivered in practice.
Budget Development and Collaboration
The Agreement also strengthens and formalizes engagement with the Orange County City Managers Association (OCCMA) by providing a defined consultation role for strategic input on compliance priorities 2 of 403
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and funding. This formalized consultation is integrated into the annual shared cost budget approval process and builds on the existing annual budget collaboration process already implemented with OCCMA.
Sub-budget for Target Projects
A key update is the expanded and updated collaborative review process for annual operating budgets, including the ability to establish new sub-budgets with smaller groups of Permittees. These optional subbudgets are intended to support the development of targeted water quality projects and programs at appropriate geographic scales, such as across an MS4 permit area, at a watershed level, or at sub-watershed scales, allowing participating agencies to pursue focused strategies where needs and priorities are most acute.
For sub-budgets allowed under this Agreement that do not apply to all the Permittees, this same cost sharing formula approach would be applied for the participating Permittees. Examples of the types of geographic areas that a sub-budget could apply include: across an MS4 permit area, watershed level, or sub-watershed scales.
Cost Sharing
Finally, the Agreement continues the existing cost-sharing formula between Permittees based on land area and population. The District will contribute 10% of the overall cost, with the County and Cities sharing the remaining 90% for the annual operating budget countywide. For any new sub-budgets established under the Agreement that do not apply to all Permittees, the same cost-sharing formula approach will be applied among the participating agencies.
FINANCIAL ANALYSIS
The City’s financial contribution will be calculated annually based on its proportional share of land area and population, as outlined in the Agreement. Annual program costs are allocated among participating jurisdictions using a formula based on population and land area, with the Orange County Flood Control District contributing ten percent of total program costs.
The City’s annual share of the program budget is determined each fiscal year through the program’s budget approval process. Funding for the City’s participation in the regional stormwater program will be included in the Public Works and Utility Department Water Quality Division budget.
The adopted FY 2025-26 budget includes $142,200 in account 1103136-72037, which includes the City’s share of NPDES program costs. Annual shared costs are determined through the County’s NPDES budget process and distributed to Orange County Permittees in June 2026 for approval following AC and OCCMAWQC recommendations. Final approval occurs once the budget receives support from Permittees representing at least 50 percent of the population and 50 percent of the land area; therefore, future costs remain subject to the final approved shared cost budget and City budget appropriation.
ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
Participation in the Orange County Stormwater Program supports the City Council’s goals related to environmental stewardship, regulatory compliance, and protection of coastal water quality. The regional 3 of 403
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IMPLEMENTATION AGREEMENT
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program helps ensure that the City meets federal and state stormwater permit requirements while protecting local watersheds and the coastal environment.
ENVIRONMENTAL ANALYSIS
The proposed action is an administrative activity to approve and execute an amended and restated agreement that updates program governance, coordination, and cost-sharing for existing stormwater compliance obligations. Approval of the Agreement does not approve any specific construction activity or physical project. Therefore, the action is not a “project” under CEQA Guidelines section 15378(b)(5) which excludes from the definition of “project” organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. In the alternative, the proposed action is exempt under CEQA Guidelines section 15061(b)(3) (common sense exemption) because it can be seen with certainty that approval of the Agreement itself will not result in a significant effect on the environment.
Approving an amendment to an agreement that updates governance, coordination and cost-sharing for stormwater compliance will not result in any effect on the environment and any future site-specific capital projects or physical improvements that may be pursued under separate authorizations would undergo independent CEQA review, as applicable.
ATTACHMENTS
1. 2002 NPDES Implementation Agreement (Pgs. 5-55)
2. Amended and Restated NPDES Stormwater Permit Implementation Agreement (Pgs. 56-109)
3. Amended and Restated NPDES Stormwater Permit Implementation Agreement with Redlines (Pgs. 110-164)
Submitted By:
.Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Ashley Moran, Sr. PW Analyst/Solid Waste
Coordinator
Thomas Perez, City Engineer
Patrick Donegan, Assistant City Attorney
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AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT (“AGREEMENT”), for purposes of identification numbered [D02-048], and which may be alternatively referred to as the “OC Stormwater Program Implementation Agreement,” is entered into this ____ day of _________, 2026, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES).
The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this AGREEMENT.
RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p)) to require the United States Environmental Protection Agency (“EPA”) to promulgate regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination System (“NPDES”) permits for discharges from a municipal separate storm sewer system (“MS4”)(herein after called MS4 permits), and further require MS4 permits to include requirements to control pollutants from stormwater discharges; and WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT Attachment 2
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to provide for the control of flood and stormwater and protect from damage from those flood or stormwater, the harbors, waterways, public highways, and property within the DISTRICT’s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to regulate discharges that threaten to impact its system and carry on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and
WHEREAS, the California State Water Resources Control Board (“SWRCB”), as designee of the EPA, has delegated authority to the California Regional Water Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region (“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE or Principal Watershed Co-permittee, as defined in the MS4 permits; and WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into that certain agreement entitled National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June 25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the June 25, 2002 amendment will be referred to collectively hereinafter as the ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an integrated stormwater runoff management program with the objective of fulfilling MS4 permit requirements and improving water quality in Orange County (program 57 57 of 403
referred to herein as the “OC Stormwater Program”); and WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new, and potential future MS4 permit requirements, to the extent feasible, is in the best interests of the CITIES, the COUNTY, and the DISTRICT; and WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL AGREEMENT, as reflected and set forth in this AGREEMENT.
NOW, THEREFORE, the PERMITTEES do mutually agree as follows:
I. FILING STATUS
The COUNTY, the DISTRICT, and each CITY have filed applications for MS4 permits as PERMITTEES. The COUNTY, the DISTRICT and each CITY is a PERMITTEE under each MS4 permit to which they are subject.
II. INCORPORATION OF FEDERAL GUIDELINES
All applicable federal and state water quality regulations and guidelines under the Federal Clean Water Act, as presently written or as changed during the term of this AGREEMENT, are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT.
III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:
A. The COUNTY shall be the administrator of the OC Stormwater Program and, on a cost-shared basis, perform the following functions:
1. Annual operating budgets.
a. Prepare the annual operating budget (“annual operating budget”), which shall include a work plan and associated financial plan and 58 58 of 403
budget. The annual operating budget is intended to provide for all programmatic functions and associated costs of the OC Stormwater Program, as outlined in this AGREEMENT and as generally described in Section V.A. Annual operating budgets and work plans may be based on RWQCB region (i.e., Santa Ana Region versus San Diego Region). The budget year shall coincide with the COUNTY's fiscal year, July 1 – June 30.
b. Consult with the Stormwater Program Representatives (as defined in Section III.C.8) when preparing annual operating budgets and major program elements therein.
c. A draft of the annual operating budget may be prepared for the PERMITTIES for review by February 15 each year. Annual operating budgets shall be submitted to the PERMITTEES for consideration and approval by May 15 of each year. Individual CITY approval shall be obtained from each CITY’s city manager or designee thereof by July 30 of each year. CITY manager designations for annual operating budget approval shall be provided in writing to the County and shall remain in effect until revoked in writing by the CITY’s city manager. An annual operating budget shall be deemed approved and adopted for the OC Stormwater Program by affirmative responses from PERMITTEES which represent a majority (50% or greater) of both the area and population percentage contribution as calculated in accordance with Section V.A (method for calculating approval percentage referred to as “Majority Approval”). The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V.A. d. An approved and adopted annual operating budget shall not be 59 59 of 403
exceeded without prior Majority Approval of the PERMITTEES.
2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific and/or watershed-specific budgets and associated work plans (collectively, “sub-budget(s)”) for the design of water quality projects and/or responding to RWQCB enforcement orders and/or other orders (e.g., California Water Code 13267 or 13383 orders). b. Sub-budgets shall be prepared and proposed on an as-needed basis, at the discretion of the COUNTY, or as requested by interested PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will confirm participation to the COUNTY in writing. A PERMITTEE who confirms participation in a sub-budget shall be referred to herein as “PARTICIPATING PERMITTEE(s).” Sub-budgets will be subject to unanimous approval by all PARTICIPATING PERMITTEES, except that where a Participating Permittee fails to vote to approve a proposed sub-budget, such failure shall be deemed a withdrawal from the sub-budget and the withdrawing PERMITTEE shall no longer be considered a PARTICIPATING PERMITTEE and shall have no obligation to pay for or participate in the sub-budget. d. Project elements that go beyond design (e.g., construction, operation, and maintenance) shall not be provided for in subbudgets and, instead, are subject to separate agreement between the Participating Permittees.
3. Represent the OC Stormwater Program in reviews of documents, comments, and discussions with EPA, SWRCB, and RWQCBs and/or other resource agencies regarding MS4 permit requirements and related policies, programs, and regulations. The COUNTY shall timely notify the 60 60 of 403
PERMITTEES of any decision reached during these discussions that, in the determination of the County, substantially impacts the OC Stormwater Program.
4. Implement approved annual operating budgets and sub-budgets.
5. Working in collaboration with PERMITTEES, prepare and submit regional compliance reports as the Principal PERMITTEE, as required under the MS4 permits, and/or as designated in the approved workplans.
6. Implement the regional monitoring and reporting program elements from approved workplans for the MS4 permits, including, but not limited to, tasks to monitor and measure the effectiveness of Best Management Practices (“BMPs”). This may include monitoring and modeling.
7. Obtain, as may be required by the annual operating budget and/or subbudgets approved pursuant to this AGREEMENT, professional services, including, but not limited to, scientific, engineering, environmental, economic, and/or legal consultants to provide technical assistance for the work associated with the OC Stormwater Program. This work may include, but is not limited to, the preparation of technical or economic studies, legal analysis, watershed management plans, stormwater runoff management plans, water quality improvement plans, modeling, reasonable assurance demonstrations/reasonable assurance analyses, monitoring plans, technical reports, municipal staff training activities, and the design of structural and non-structural BMPs and strategies to prevent and/or reduce pollutants in stormwater runoff. Contracts for professional services to be funded under this AGREEMENT shall be made in conformance with the COUNTY’s procurement policies, and, to the extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of new contracts for professional services, so that PERMITTEES may 61 61 of 403
better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval by the Orange County Board of Supervisors (as determined within the sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be allowed to participate in any panel formed for the purpose of evaluating responses to Requests for Proposals or similar competitive solicitations submitted by potential consultants. Where any contract subject to this provision is to be extended beyond the initial term, the COUNTY shall request feedback from the Stormwater Program Representatives, regarding the consultant’s performance, prior to executing the extension. This process shall in no way impinge upon or limit the COUNTY’s discretion to enter into, amend, extend, renew, or cancel any contract for professional services for the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the COUNTY’s procurement policies that significantly affect the thresholds for competitive procurement, scoring, or selection processes for contract services.
8. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities within the unincorporated areas of the County, at no cost to the CITIES.
9. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities on County-owned property used for COUNTY governmental purposes (i.e., property used for governmental functions) and located within a CITY, at no cost to the CITIES. For purposes of this section, the regional facility known as Dana Point Harbor shall be considered a Countyowned property used for governmental purposes. 62 62 of 403
a. To avoid confusion in the implementation of each party’s facility inspection programs, the COUNTY shall provide a list of those facilities, buildings and properties that it owns and are located within other jurisdictions (i.e. non-unincorporated properties) that the COUNTY has decided to monitor and regulate pursuant to this Section III.A.9. The County further agrees to notify the affected PERMITTEE of changes to the status of a facility.
B. The DISTRICT shall, on a cost-shared basis, except as set forth in subparagraph 2 below:
1. Perform or cause to be performed the water quality and hydrographic monitoring for compliance with MS4 permits and/or in accordance with RWQCB-approved monitoring plans and/or in the approved workplans.
2. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities located on District-owned and controlled property that is used for governmental purposes, at no cost to the CITIES.
3. Undertake or cause to be undertaken all activities required of the CITIES in Section III.C and applicable to the District.
C. The CITIES, at no cost to the Counties and the District, shall:
1. Implement a facility inspection program for its MS4 facilities, as required by the MS4 permit(s) and within the jurisdictional boundaries of that CITY.
2. Submit to the COUNTY storm drain system maps and/or data describing the type and location of its MS4 facilities with periodic revisions that reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted as geographical information system (“GIS”) data.
3. Support the COUNTY in the preparation of watershed characterizations and catchment prioritization efforts, including, but not limited to, by:
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a. Identifying applicable zoning and land use designations. b. Identifying areas where sources of specific pollutants are known.
4. Upon COUNTY request, review, comment on, consider approval of, and, if approved, implement regional strategies to prevent and reduce pollutants in stormwater runoff.
5. Implement an illegal discharge detection and elimination program as required by the MS4 permit(s) to which the CITY is subject. Demonstrate adequate legal authority to control discharges to its MS4 facilities as may be required by the relevant MS4 permit(s) to which the CITY is subject.
6. Provide, as requested by the COUNTY, copies of the CITY’s jurisdictional reports, data, and any other information (in formats requested by the COUNTY, where such formats are reasonably available) to satisfy requirements in MS4 permits or other orders issued by a Regional Board or the State Board, to which the CITY is subject, provided the CITY has not otherwise challenged such order, and such challenge has not been resolved.
7. Participate in meetings convened by the COUNTY and respond to requests for information from the COUNTY, intended to obtain PERMITTEE input on matters related to this AGREEMENT and the implementation of the OC Stormwater Program.
8. Designate primary and secondary Stormwater Program Representative for matters related to this AGREEMENT and the implementation of the OC Stormwater Program. Designations shall be made by each CITY’s city manager, or designee, in writing to the COUNTY. Each designation shall remain in effect until revoked by the CITY’s city manager or designee.
Stormwater Program Representatives are intended to provide subject matter input and facilitate communication between the COUNTY and each CITY. For purposes of this AGREEMENT, a Stormwater Program 64 64 of 403
Representative will not be deemed to have the authority to approve annual operating budgets on behalf of a CITY, as required in Section III.A.1, unless expressly stated in the written designation provided to the COUNTY.
D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to the CITIES or the DISTRICT, undertake or cause to be undertaken all activities required above of the CITIES in Section III.C that are not responsibilities of the DISTRICT as outlined in Section III.B.
IV. Orange County City Manager Association Engagement
A. In lieu of the activities of the Technical Advisory Committee under the ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working relationship with the Orange County City Manager Association (“OCCMA”) or a sub-group thereof, to address issues such as MS4 permit requirements, MS4 permit compliance methods, and funding needs and strategies to facilitate regional and/or watershed-based, multi-jurisdictional project efforts.
B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set forth in this AGREEMENT, may implement recommendations (or parts thereof) that OCCMA may give on OC Stormwater Program matters, including, but not limited to, potential strategies for compliance with current and anticipated future MS4 permit requirements; funding strategies and options for MS4 permit compliance efforts; and OC Stormwater Program budgeting.
Recommendations that would result in unbudgeted costs shall be subject to Majority Approval of the PERMITTEES pursuant to III.A.1.d.
C. Under no circumstances shall this Section be interpreted as a replacement or substitute for any other responsibility of CITIES or the COUNTY under this Agreement. At the COUNTY’s discretion, the Director of OC Public Works may enter into a memorandum of understanding with OCCMA to facilitate 65 65 of 403
procedures for OCCMA engagement under this Section. Under no circumstances shall this provision be interpreted to require any written agreement between the COUNTY and OCCMA.
V. PROGRAM COSTS
A. Annual Operating Costs.
Where not otherwise funded, the annual operating budget, including all costs of equipment, goods, COUNTY services (including, but not limited to, applicable COUNTY and COUNTY’S departmental overhead), and all professional services costs incurred by the COUNTY, and any cost of the MS4 permits, as determined by the COUNTY in its role as administrator of the OC Stormwater Program, shall be a shared cost and allocated among the COUNTY, DISTRICT, and CITIES, and paid for as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY shall be functions of their respective dry land areas and population relative to those of the entire County of Orange. Each area shall be calculated as one-half of the sum of the area and population fractions, multiplied by 90%. National forests, state parks, airports, landfills, oceans, harbors, tidal bays, and active military installations shall be excluded from area calculations (Exhibit A-1). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Should any external or alternative sources of funding become available, those funds may be directly applied to the appropriate budget(s) before the shared cost percentages are applied to the PERMITTTEES or credited to a subsequent budget.
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Share in percent for jurisdiction #1= {(X1/Xtot) + (Y1/Ytot)}/2 x (90) X = area
Y = population
tot = total population or area
90 = total percentage excluding the DISTRICT’s contribution The percentage share shall be calculated by the COUNTY from population and area data. The population data shall be the most recent annual population estimates produced by the California Department of Finance, and area is based on the most recent OC Public Works survey data available to the COUNTY. Percentage share calculations shall be updated by May of each budget year for the budget year following and shall be included in annual operating budget proposals. Annual operating budget proposals shall be prepared based on the following percentage share computation methods, as applicable, and subject to exclusions in Exhibit A-1:
1. Countywide costs will be calculated as described in the process and formula above and subject to Exhibit A-1 for the entire group of PERMITTEES.
2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and San Diego Region), will be calculated based on the process and formula above for PERMITTEES within the respective permit geographic area. For PERMITTEES that have jurisdiction in both permit regions, the regional costs will be based on the land area and prorated population for that permit geographic area.
3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their corresponding area and prorated population total within the geographic area subject to the specific sub-budget.
4. In the event of a regulatory directive issued to PERMITTEES requiring amendment of any approved budget, the COUNTY shall provide immediate 67 67 of 403
notice to the included PERMITTEES and hold discussions with respect to responding to the directive and funding the immediate response. Such budget amendments shall be subject to the Majority Approval referenced in Section III.A.1.d.
5. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, and prior Majority Approval for such exceedance has been obtained, the COUNTY shall submit invoices to the involved PERMITTEES to recover the deficit. The share for each PERMITTEE shall be prorated according to the formula that was initially used to apportion budget costs. Each CITY shall pay the invoice within 45 calendar days of the billing date.
6. If at any time costs exceed the sum of the deposits for any approved budget, the COUNTY may propose a budget increase and request payment by the PERMITTEES, and PERMITTEES shall pay such amount, provided the budget increase is approved in accordance with sections III.A.1.c-d or III.A.2.c of this Agreement, as may be applicable. Until such approval is obtained and sufficient deposits received, the COUNTY may, at its sole discretion, cease carrying out approved budget components so as to limit or not incur costs in excess of deposits. Nothing in this AGREEMENT shall be construed as requiring PERMITTEES to approve budget increases.
7. The COUNTY shall prepare a budget year-end accounting within 120 calendar days of the end of the budget year and present the same to the involved PERMITTEES for review. If the budget year-end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits shall carry forward to reduce the obligation of the PERMITTEES for the following budget year and prorated to the CITIES consistent with the cost-sharing population and area data 68 68 of 403
calculation above.
8. The COUNTY shall invoice each CITY for its annual share of each approved budget by November 30 of each budget year. Each CITY shall pay their deposit(s) within 45 calendar days of the billing date or within 45 calendar days of November 30, whichever is later. Each CITY’S deposit(s) shall be based on their prorated share(s) of the approved budget(s), reduced for any carry forward amount identified in the prior budget year-end accounting.
9. The COUNTY shall hold each CITY’s annual share of each approved budget in interest-bearing accounts and credit interest earned on each CITY’s annual share against each CITY’s share of the approved budget costs.
The COUNTY shall maintain records regarding interest earned and credited on each CITY’s annual share and provide the same to the CITIES within 120 calendar days of the end of the budget year.
10.Upon termination of this AGREEMENT, a final accounting shall be performed by the COUNTY and presented to the PERMITTEES for review. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each CITY its prorated share of the excess, within 120 calendar days of the final accounting.
VI. LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or terminated in accordance with this AGREEMENT.
VII. ADDITIONAL PARTIES
Any CITY which becomes incorporated after the effective date of this AGREEMENT, or requests to become a party to this AGREEMENT after previously withdrawing pursuant to Section VIII, shall be eligible to become a party to this AGREEMENT, subject to Majority Approval. In approving adding additional cities to this AGREEMENT, the PERMITTEES may 69 69 of 403
require such conditions of the added cities as they determine necessary or advantageous. The date of initiation, for determining costs for newly incorporated cities, shall be the date of incorporation. The costs for adding additional cities to this AGREEMENT and OC Stormwater Program including, but not limited to, permit and processing fees, as well as administrative costs incurred by the COUNTY and costs to reimburse the existing PERMITTEES for unreimbursed costs related to a previous withdrawal (if applicable), shall be calculated by the COUNTY, approved by Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY and paid by the added city(ies) within 45 calendar days of the billing date. Monies to be reimbursed to the existing PERMITTEES shall carry forward to reduce the billings for the following budget year.
VIII. WITHDRAWAL FROM THE AGREEMENT
A CITY may withdraw from this AGREEMENT by providing at least 60 calendar days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES within 10 business days of receipt of any withdrawal notice. Neither the COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing CITY of the legal, regulatory, or programmatic effects of withdrawing, nor have any continuing responsibility to the withdrawing CITY upon the effective date of the withdrawal. The withdrawing CITY shall be solely responsible for any costs the withdrawing CITY may incur related to its withdrawal, including, but not limited to, penalties assessed by RWQCBs, and or other resource agencies (e.g., EPA, CDFW, etc.) in connection with or related to its withdrawal. In addition, withdrawal shall constitute forfeiture of any deposits on hand from the withdrawing CITY, for the budget year in which the withdrawal is effective. If the effective date of a withdrawal is within 60 calendar days of the beginning of any budget year, the withdrawing CITY shall be responsible for paying its annual 70 70 of 403
share for the upcoming budget year as if it were still a PERMITTEE participating in this AGREEMENT but shall be eligible to receive a credit for any prospective carry forward amount of such annual share as may be contemplated by this AGREEMENT. The cost allocations to the remaining PERMITTEES participating in this AGREEMENT shall be recalculated and collected and/or credited as necessary in the budget year following the effective date of the withdrawal.
IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS
Each PERMITTEE shall remain solely responsible for its own acts and omissions with respect to compliance with requirements of an MS4 permit or other order of the RWQCBs or SWRCB to which it may be subject, and nothing herein shall be deemed to waive, release, or transfer any such responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be construed as an assumption by any PERMITTEE of any liability or obligation of another PERMITTEE, whether past, present, or future.
X. LEGAL ACTION/ COSTS/ ATTORNEY FEES
In the event of legal action to enforce any provision of this AGREEMENT, each party shall bear its own attorneys’ fees and costs, and no party shall seek to recover the same from any other party through litigation or other legal proceedings.
XI. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the COUNTY and the required Majority Approval of PERMITTEES.
XII. NOTICES
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All notices required under Section VIII shall be deemed duly given if delivered by hand (with written confirmation of receipt); via electronic mail (with confirmation of transmission); or three (3) days after deposit in the U.S. Mail, postage prepaid.
XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby.
XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the duly authorized representative of the PERMITTEE to have waived or consented.
Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
XV. APPLICABILITY OF PRIOR AGREEMENTS
This AGREEMENT restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matter. All prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.
XVI. EXECUTION OF THE AGREEMENT
This AGREEMENT may be executed in counterparts, and the signed counterparts shall constitute a single instrument. The parties agree that this AGREEMENT may be executed and delivered by electronic means, including via email or electronic signature platforms (e.g., DocuSign, Adobe Sign), and that such electronic signatures shall be deemed to have the same legal 72 72 of 403
effect as original signatures. Each party agrees that electronically signed documents shall be valid, enforceable, and admissible in any legal proceeding to the same extent as a manually signed original.
XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION Notwithstanding anything in this Agreement to the contrary, nothing in this AGREEMENT shall require a party to release or provide information (including any reports, communications, data, etc.) that has been deemed by that party to be subject to the attorney-client privilege, attorney work product doctrine, or any other relevant privilege and protection, including, but not limited to, any reports or information generated by a party’s consultant that was prepared in consultation with, or at the direction of, such party’s attorney or counsel of record. Nothing in this AGREEMENT shall prohibit the parties hereto from entering into future agreements, including joint defense agreements, common interest agreements, or other similar agreements to share such privileged or protected information subject to the terms and conditions of such an agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Date: By
ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
///
///
///
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By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ALISO VIEJO
Date: , 2002
ATTEST:
City Clerk
75 75 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ANAHEIM
Date: , 2002
ATTEST:
City Clerk
76 76 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BREA
Date: , 2002
ATTEST:
City Clerk
77 77 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BUENA PARK
Date: , 2002
ATTEST:
City Clerk
78 78 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF COSTA MESA
Date: , 2002
ATTEST:
City Clerk
79 79 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF CYPRESS
Date: , 2002
ATTEST:
City Clerk
80 80 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF DANA POINT
Date: , 2002
ATTEST:
City Clerk
81 81 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FOUNTAIN VALLEY
Date: , 2002
ATTEST:
City Clerk
82 82 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FULLERTON
Date: , 2002
ATTEST:
City Clerk
83 83 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF GARDEN GROVE
Date: , 2002
ATTEST:
City Clerk
84 84 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF HUNTINGTON BEACH
Date: , 2002
ATTEST:
City Clerk
85 85 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
Date: , 2002
ATTEST:
City Clerk
86 86 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA HABRA
Date: , 2002
ATTEST:
City Clerk
87 87 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA PALMA
Date: , 2002
ATTEST:
City Clerk
88 88 of 403
By:
City Manager
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA BEACH
Date: , 2002
ATTEST:
City Clerk
89 89 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA HILLS
Date: , 2002
ATTEST:
City Clerk
90 90 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA NIGUEL
Date: , 2002
ATTEST:
City Clerk
91 91 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA WOODS
Date: , 2002
ATTEST:
City Clerk
92 92 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAKE FOREST
Date: , 2002
ATTEST:
City Clerk
93 93 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LOS ALAMITOS
Date: , 2002
ATTEST:
City Clerk
94 94 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF MISSION VIEJO
Date: , 2002
ATTEST:
City Clerk
95 95 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
Date: , 2002
ATTEST:
City Clerk
96 96 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ORANGE
Date: , 2002
ATTEST:
City Clerk
97 97 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF PLACENTIA
Date: , 2002
ATTEST:
City Clerk
98 98 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF RANCHO SANTA MARGARITA
Date: , 2002
ATTEST:
City Clerk
99 99 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN CLEMENTE
Date: , 2002
ATTEST:
City Clerk
100
100 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
Date: , 2002
ATTEST:
City Clerk
101
101 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
Date: , 2002
ATTEST:
City Clerk
102
102 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SEAL BEACH
Date: , 2002
ATTEST:
City Clerk
103
103 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF STANTON
Date: , 2002
ATTEST:
City Clerk
104
104 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF TUSTIN
Date: , 2002
ATTEST:
City Clerk
105
105 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF VILLA PARK
Date: , 2002
ATTEST:
City Clerk
106
106 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF WESTMINSTER
Date: , 2002
ATTEST:
City Clerk
107
107 of 403
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF YORBA LINDA
Date: , 2002
ATTEST:
City Clerk
108
108 of 403
EXHIBIT A - 1
DRY LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
Joint Forces Training Base - Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge
109
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No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT (“AGREEMENT”), for purposes of identification numbered [D02-048], and which may be alternatively referred to as the “OC Stormwater Program Implementation Agreement,” is entered into this ____ day of __________, 2026, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES).
The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this AGREEMENT.
RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p)) to require the United States Environmental Protection Agency (“EPA”) to promulgate regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination System (“NPDES”) permits for discharges from a municipal separate storm sewer Attachment 3
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system (“MS4”)(herein after called MS4 permits), and further requires require MS4 permits to include requirements to control pollutants from stormwater discharges; and
WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT to provide for the control of flood and stormwater and protect from damage from those flood or stormwater, the harbors, waterways, public highways, and property within the DISTRICT’s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to regulate discharges that threaten to impact its system and carry on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and
WHEREAS, the California State Water Resources Control Board (“SWRCB”), as designee of the EPA, has delegated authority to the California Regional Water Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region (“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE or Principal Watershed Co-permittee, as defined in the MS4 permits; and WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into that certain agreement entitled National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June 25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the 111
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June 25, 2002 amendment will be referred to collectively hereinafter as the ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an integrated stormwater runoff management program with the objective of fulfilling MS4 permit requirements and improving water quality in Orange County (program referred to herein as the “OC Stormwater Program”); and WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new, and potential future MS4 permit requirements, to the extent feasible, is in the best interests of the CITIES, the COUNTY, and the DISTRICT; and WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL AGREEMENT, as reflected and set forth in this AGREEMENT.
NOW, THEREFORE, the PERMITTEES do mutually agree as follows: I. FILING STATUS The COUNTY, the DISTRICT, and each CITY have filed applications for MS4 permits as PERMITTEES. The COUNTY, the DISTRICT, and each CITY is a PERMITTEE under each MS4 permit to which they are subject. II. INCORPORATION OF FEDERAL GUIDELINES All applicable federal and state water quality regulations and guidelines under the Federal Clean Water Act, as presently written or as changed during the term of this AGREEMENT, are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEEMENT. III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:
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Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent A. The COUNTY shall be the administrator of the OC Stormwater Program and, on a cost-shared basis, perform the following functions:. 1. Annual operating budgets. a. Prepare the annual operating budget (“annual operating budget”), which shall include a work plan and associated financial plan and budget. The annual operating budget is intended to provide for all programmatic functions and associated costs of the OC Stormwater Program, as outlined in this AGREEMENT and as generally described in section V.A. Annual operating budgets and work plans may be based on RWQCB region (i.e., Santa Ana Region versus San Diego Region). The budget year shall coincide with the COUNTY’s fiscal year of the COUNTY, July 1 – June 30. b. Consult with the Stormwater Program Representatives (as defined in Section III.C.98) when preparing annual operating budgets and major program elements therein. c. A draft of the annual operating budget may be prepared for the PERMITTIES for review by February 15 each year. Annual operating budgets shall be submitted to the PERMITTEES for consideration and approval by May 15 of each year. Individual PERMITTEE CITY approval shall be by obtained from each CITY’s city manager or designee thereof, by July 30 of each year. CITY manager designations for annual operating budget approval shall be provided in writing to the County and shall remain in effect until revoked in writing by the CITY’s city manager. An annual operating budget shall be deemed approved and adopted for the OC Stormwater Program by affirmative responses from PERMITTEES which represent a majority (50% or greater) of both the area and population 113
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percentage contribution as calculated in accordance with Section V.A (method for calculating approval percentage referred to as “Majority Approval”). The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V.A.A. d. An approved and adopted annual operating budget shall not be exceeded without prior Majority Approval of the PERMITTEES.
2. Project or watershed-specific sub-budgets. a. In coordination with the PERMITTEES, prepare project-specific and/or watershed-specific budgets and associated work plans (collectively, “sub-budget(s)”) and workplans for the design of water quality projects and/or responding to RWQCB enforcement orders and/or other orders (e.g., California Water Code 13267 or 13383 orders). b. Sub-budgets and workplans shall be prepared and proposed on an as-needed basis, at the discretion of the COUNTY, or as requested by interested PERMITTEES, subject to concurrence of the COUNTY. e.c. Each PERMITTEE willing to participate in a specific subbudget and work plan will confirm participation to the COUNTY in writing upon request. A PERMITTEE who confirms participation in a sub-budget shall be referred to herein as “PARTICIPATING PERMITTEE(s).” Should the COUNTY proceed with preparation and proposal of a sub-budget and workplan, these itemsSub-budgets will be subject to Majority Approvalunanimous approval by all participating interested PARTICIPATING PERMITTEES, except that where a Participating Permittee fails to vote to approve a Commented [County of1]: Changes to III.A.2,
to harmonize with structure of III.A.1,
for clarity, and per permittee comments.
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proposed sub-budget, such failure shall be deemed a withdrawal from the sub-budget and the withdrawing PERMITTEE shall no longer be considered a PARTICIPATING PERMITTEE and shall have no obligation to pay for or participate in the sub-budget. f.d. Project elements that go beyond design (e.g., construction, operation, and maintenance) shall not be provided for in subbudgets and, instead, are subject to separate agreement between the Participating Permittees.
2.3. Represent the OC Stormwater Program in reviews of documents, comments, and discussions with EPA, SWRCB, and RWQCBs and/or other resource agencies regarding MS4 permit requirements and related policies, programs, and regulations. The COUNTY shall timely notify the PERMITTEES of any decision reached during these discussions that, in the determination of the County, substantially impacts the OC Stormwater Program. 3.4. Implement approved annual operating budgets and, sub-budgets and associated workplans. 4.5. Working in collaboration with PERMITTEES, prepare and submit regional compliance reports as the Principal PERMITTEE, as required under the MS4 permits, and/or as designated in the approved workplans.
5.6. Implement the regional monitoring and reporting program elements from approved workplans for the MS4 permits, including, but not limited to, tasks to monitor and measure the effectiveness of Best Management Practices (“BMPs”). This may include monitoring, as well as the use ofand modeling.
6.7. Obtain, as may be required by the annual operating budget and/or sub-budgets and/or work plans approved pursuant to this AGREEMENT, professional services, including, but not limited to, scientific, Commented [County of2]: Clarification in RSP
to Permittee comments.
Commented [County of3]: Change per Permittee
comments.
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engineering, environmental, economic, and/or legal consultants to provide technical assistance for the work associated with the OC Stormwater Program. This work may include, but is not limited to, the preparation of technical or economic studies, legal analysis, watershed management plans, stormwater runoff management plans, water quality improvement plans, modeling, reasonable assurance
demonstrations/reasonable assurance analyses, monitoring plans, technical reports, municipal staff training activities, and the design of structural and non-structural BMPs and strategies to prevent and/or reduce pollutants in stormwater runoff. Contracts for professional services to be funded under this AGREEMENT shall be made in conformance with the COUNTY’s procurement policies, and, to the extent there is no conflict, the following: a. The COUNTY shall make efforts to stagger the date of issuance of new contracts for professional services, so that PERMITTEES may better absorb increases in consultant fee rates. b. For contracts for professional services that would require approval by the Orange County Board of Supervisors (as determined within the sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be allowed to participate in any panel formed for the purpose of evaluating responses to Requests for Proposals or similar competitive solicitations submitted by potential consultants. Where any contract subject to this provision is to be extended beyond the initial term, the COUNTY shall request feedback from the Stormwater Program Representatives, regarding the consultant’s performance, prior to executing the extension. This process shall in no way impinge upon or limit the COUNTY’s discretion to enter into, amend, 116
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extend, renew, or cancel any contract for professional services for the OC Stormwater Program. c. The COUNTY shall notify the PERMITTEES of any changes in the COUNTY’s procurement policies that significantly affect the thresholds for competitive procurement, scoring, or selection processes for contract services.
8. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities within the unincorporated areas of the County, at no cost to the CITIES. 9. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities on County-owned property used for COUNTY governmental purposes (i.e., property used for governmental functions) and located within a CITY, at no cost to the CITIES. For purposes of this section, the regional facility known as Dana Point Harbor shall be considered a Countyowned property used for governmental purposes. a. To avoid confusion in the implementation of each party’s facility inspection programs, the COUNTY shall provide a list of those facilities, buildings and properties that it owns and are located within other jurisdictions (i.e. non-unincorporated properties) that the COUNTY has decided to monitor and regulate pursuant to this Section III.A.9. The County further agrees to notify the affected PERMITTEE of changes to the status of a facility. B. The DISTRICT shall, on a cost-shared basis, except as set forth in subparagraph 2 below: 1. Perform or cause to be performed the water quality and hydrographic monitoring for compliance with MS4 permits and/or in accordance with RWQCB-approved monitoring plans and/or in the approved workplans.
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Leg/Reg Discussion
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2. Implement a facility inspection program, as required by the MS4 permits, for its MS4 facilities , as defined by the MS4 permits andlocated on District ownedDistrict-owned and controlled property that is used for governmental purposesowned by the DISTRICT or located on property owned by the DISTRICT, at no cost to the COUNTY or the CITIES.
3. Uundertake or cause to be undertaken, all activities required above of the CITIES in Section III.C and applicable to the District. C. The CITIES, shallat no cost to the Counties and the District, shall, to the maximum extent practicable, each be individually responsible for complying with the terms of their respective MS4 permit(s), implementation of common OC Stormwater Program elements within their respective jurisdictions and individual jurisdiction compliance reporting, at no cost to the COUNTY or the DISTRICT, and at minimum: 1. Implement a facility inspection program for its MS4 facilities, as defined required by the MS4 permit(s) and within the jurisdictional boundaries of that CITY.
2. Submit to the COUNTY storm drain system maps and/or data describing the type and location of its MS4 facilities with periodic revisions which that reflect any modifications made as a result of land development/redevelopment. If possible, information shall be submitted as geographical information system (“GIS”) data.
3. Support the COUNTY in the preparation of watershed characterizations and catchment prioritization efforts, including, but not limited to, by: a. Identifying applicable zoning and land use designations. b. Identifying areas where sources of specific pollutants are known. 4. Upon COUNTY request, review, comment on, consider approval of and, if approved, implement, regional strategies to prevent and reduce pollutants in stormwater runoff.
Commented [County of5]: Change per Permittee
comments.
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6.5. Obtain, maintain, and exerciseIdentifyDemonstrate adequate the legal authority to effectively control discharges to its MS4 facilities in manners consistent with the requirements of the as may be required by the relevant MS4 permit(s) to which theat CITY is subject.
7.6. Provide, as requested by the COUNTY, copies of the CITY’s jurisdictional reports, data, and any other information (in formats requested by the COUNTY, where such formats are reasonably available) to satisfy requirements in MS4 permits or other orders issued by a Regional Board or the State Board, to which the CITY is subject, provided the CITY has not otherwise challenged such order, and such challenge has not been resolved. 8.7. Participate in meetings convened by the COUNTY and respond to requests for information from the COUNTY, intended to obtain PERMITTEE input on matters related to this AGREEMENT and the implementation of the OC Stormwater Program.
9.8. Designate primary and secondary Stormwater Program Representative for matters related to this AGREEMENT and the implementation of the OC Stormwater Program. Designations shall be made by each CITY’s city manager, or designee, in writing to the COUNTY. Each designation shall remain in effect until revoked by the CITY’s city manager, or designee. Stormwater Program Representatives are intended to provide subject matter input and facilitate communication between the COUNTY and each CITY. For purposes of this AGREEMENT, a Commented [County of6]: Change per Permittee
comments
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Stormwater Program Representative will not be deemed to have the authority to approve annual operating budgets on behalf of a CITY, as required in Section III.A.1, unless expressly stated in the written designation provided to the COUNTY. D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to the CITIES or the DISTRICT, undertake or cause to be undertaken, all activities required above of the CITIES in Section III.C that are not responsibilities of the DISTRICT as outlined in Section III.B. IV. Orange County City Manager Association Engagement A. In lieu of the activities of the Technical Advisory Committee under the ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working relationship with the Orange County City Manager Association (“OCCMA”) or a sub-group thereof, to address issues such as MS4 permit requirements, MS4 permit compliance methods, and funding needs and strategies to facilitate regional and/or watershed-based, multi-jurisdictional project efforts.
B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set forth in this AGREEMENT, may implement recommendations (or parts thereof) that OCCMA may give on OC Stormwater Program matters, including, but not limited to, potential strategies for compliance with current and anticipated future MS4 permit requirements; funding strategies and options for MS4 permit compliance efforts; and OC Stormwater Program budgeting.
Recommendations that would result in unbudgeted costs shall be subject to Majority Approval of the PERMITTEES pursuant to III.A.1.d.
C. Under no circumstances shall this Section be interpreted as a replacement or substitute for any other responsibility of CITIES or the COUNTY under this Agreement. At the COUNTY’s discretion, the Director of OC Public 120
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Works may enter into a memorandum of understanding with OCCMA, to facilitate procedures for OCCMA engagement under this Section. Under no circumstances shall this provision be interpreted to require any written agreement between the COUNTY and OCCMA. V. PROGRAM COSTS A. Annual Operating Costs.
Where not otherwise funded, the annual operating budget, including all costs of equipment, goods, COUNTY services (including, but not limited to, applicable COUNTY and COUNTY’S departmental overhead), and all professional services costs incurred by the COUNTY, and any cost of the MS4 permits, as determined by the COUNTY in its role as administrator of the OC Stormwater Program, shall be a shared cost and allocated among the COUNTY, DISTRICT, and CITIES, and paid for as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY shall be functions of their respective dry land areas and population relative to those of the entire County of Orange. Each area shall be calculated as one halfone-half of the sum of the area and population fractions, multiplied by 90%. National forests, state parks, airports, landfills, oceans, harbors, tidal bays, and active military installations shall be excluded from area calculations (Exhibit A-1). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Should any external or alternative sources of funding become available, those funds may be directly applied to the appropriate budget(s) before the shared cost percentages are applied to the PERMITTTEES or credited to a subsequent 121
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budget.
Share in percent for jurisdiction #1 City CITY or COUNTY #1 = {(X1/Xtot) + (Y1/Ytot)}/2 x (90)
X = incorporated or unincorporated area
Y = population
tot = total population or area
90 = total percentage excluding the DISTRICT’s contribution The percentage share shall be calculated by the COUNTY from population and area data. The population data shall be the most recent annual population estimates produced by the California Department of Finance, and area is based on the most recent OC Public Works survey data available to the COUNTY.
Percentage share calculations shall be updated by May of each budget year for the budget year following and shall be included in annual operating budget proposals. Annual operating budget proposals shall be prepared based on the following percentage share computation methods, as applicable, and subject to exclusions in Exhibit A- 1:
1. Countywide costs will be calculated as described in the process and formula above and subject to Exhibit A-1 for the entire group of PERMITTEES.
2.Regional costs, specific to only one RWQCB permit (Santa Ana Region and San Diego Region), will be calculated based on the process and formula above for PERMITTEES within the respective permit geographic area. For PERMITTEES that have jurisdiction in both permit regions, the regional costs will be based on the land area and prorated population for that permit geographic area.
3. C. Project-specific and/or watershed-specific sub-budgetsSub-budgets shall be based on the included PARTICIPATING PERMITTEES and their corresponding area and prorated population total within the geographic Commented [County of7]: Clarification per
Permittee comments.
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area subject to theat specific sub-budget and work plan.
4. D. In the event of a regulatory directive issued to PERMITTEES requiring amendment of any approved budget, the COUNTY shall provide immediate notice to the included PERMITTEES and hold discussions with respect to responding to the directive and funding the immediate response. Such budget amendments shall be subject to the Majority Approval referenced in Section III.A.1.dc.
5. E. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, and prior Majority Approval for such exceedance has been obtained, the COUNTY shall submit invoices to the involved PERMITTEES to recover the deficit. The share for each PERMITTEE shall be prorated according to the formula that was initially used to apportion budget costs. Each CITY shall pay the invoice within 45 calendar days of the billing date.
6.F. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, without prior Majority Approval, the COUNTY may propose a budget increase and request paymentrepayment by the involved PERMITTEES, and PERMITTEES shall pay such repayment amount, provided the budget increase is approved in accordance with sections III.aA.1.c-d or III.aA.2.c of this Agreement, as may be applicable . Until such approval is obtained and sufficient deposits received, the COUNTY may, at its sole discretion, cease carrying out approved budget components so as to limit or not incur costs in excess of deposits. Nothing in this AGREEMENT shall be construed as requiring PERMITTEES to approve budget increases.
7. G. The COUNTY shall prepare a budget year- end accounting within 120 calendar days of the end of the budget year and present the same to the involved PERMITTEES for review. If the budget year- end accounting Commented [County of8]: Clarification to
align with changes re sub-budget
approvals.
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results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits shall carry forward to reduce the obligation of the PERMITTEES for the following budget year and prorated to the CITIES consistent with the cost sharing population and area data calculation above.
8. H. The COUNTY shall invoice each CITY for its annual share of each approved budget by November 30 of each budget year. Each CITY shall pay their deposit(s) within 45 calendar days of the billing date or within 45 calendar days of November 30, whichever is later. Each CITY’S deposit(s) shall be based on their prorated share(s) of the approved budget(s), reduced for any carry forward amount identified in the prior budget year- end accounting.
9. I. The COUNTY shall hold each CITY’s annual share of each approved budget in interest-bearing accounts and credit interest earned on each CITY’s annual share against each CITY’s share of the approved budget costs. The COUNTY shall maintain records regarding interest earned and credited on each CITY’s annual share and provide the same to the CITIES within 120 calendar days of the end of the budget year.
10. J. Upon termination of this AGREEMENT, a final accounting shall be performed by the COUNTY and presented to the PERMITTEES for review. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each CITY its prorated share of the excess, within 120 calendar days of the final accounting. VI.LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or terminated in accordance with this AGREEMENT. VII. ADDITIONAL PARTIES Any CITY which becomes incorporated after the effective date of this 124
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AGREEMENT, or requests to become a party to this AGREEMENT after previously withdrawing pursuant to Section VIII, shall be eligible to become a party to this AGREEMENT, subject to Majority Approval. In approving adding additional cities to this AGREEMENT, the PERMITTEES may require such conditions of the added cities as they determine necessary or advantageous. The date of initiation, for determining costs for newly incorporated cities, shall be the date of incorporation. The costs for adding additional cities to this AGREEMENT and OC Stormwater Program including, but not limited to, permit and processing fees, as well as administrative costs incurred by the COUNTY and costs to reimburse the existing PERMITTEES for unreimbursed costs related to a previous withdrawal (if applicable), shall be calculated by the COUNTY, approved by Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY and paid by the added city(ies) within 45 calendar days of the billing date. Monies to be reimbursed to the existing PERMITTEES shall carry forward to reduce the billings for the following budget year. VIII. WITHDRAWAL FROM THE AGREEMENT A CITY may withdraw from this AGREEMENT by providing at least 60 calendar days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES within 10 business days of receipt of any withdrawal notice. Neither the COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing CITY of the legal, regulatory, or programmatic effects of withdrawing, nor have any continuing responsibility to the withdrawing CITY upon the effective date of the withdrawal. The withdrawing CITY shall be solely responsible for any costs it the withdrawing CITY may incur related to its withdrawal including, but not limited to, penalties assessed by RWQCBs, and or other resource agencies (e.g., EPA, CDFW, etc.) in connection with or considered by the withdrawing CITY to be related to its withdrawal or the COUNTY’s or any remaining PERMITTEE’s lawful actions upon such withdrawal.
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In addition, withdrawal shall constitute forfeiture of any deposits on hand from the withdrawing CITY’s existing deposit(s) under this AGREEMENT , for the budget year in which the withdrawal is effective. If the effective date of a withdrawal is within 60 calendar days of the beginning of any budget year, the withdrawing CITY shall be responsible for paying its annual share for the upcoming budget year as if it were still a PERMITTEE participating in this AGREEMENT but shall not be eligible to receive a credit for any prospective carry forward amount of such annual share as may be contemplated by this AGREEMENT. The cost allocations to the remaining PERMITTEES participating in this AGREEMENT shall be recalculated and collected and/or credited as necessary in the budget year following the effective date of the withdrawal. IX.NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS Each PERMITTEE shall remain solely responsible for its own acts and omissions with respect to compliance with requirements of an MS4 permit or other order of the RWQCBs or SWRCB to which it may be subject, and nothing herein shall be deemed to waive, release or transfer any such responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be construed as an assumption by any PERMITTEE of any liability or obligation of another PERMITTEE, whether past, present or future. X. LEGAL ACTION/ COSTS/ ATTORNEY FEES In the event of legal action to enforce any provision of this AGREEMENT, each party shall bear its own attorneys’ fees and costs, and no party shall seek to recover the same from any other party through litigation or other legal proceedings. XI.AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage Commented [County of10]: Clarification per
Permittee comments.
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contribution equal to the total of the COUNTY and the DISTRICT as described in Section V. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the COUNTY and the required Majority Approval of PERMITTEES. XII. NOTICES All notices required under Section VIII shall be deemed duly given if delivered by hand (with written confirmation of receipt); via electronic mail (with confirmation of transmission); or three (3) days after deposit in the U.S. Mail, postage prepaid. XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby. XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the duly authorized representative of the PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. XV. APPLICABILITY OF PRIOR AGREEMENTS This AGREEMENT restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matter. All prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.
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Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent XVI. EXECUTION OF THE AGREEMENT This AGREEMENT may be executed in counterparts, and the signed counterparts shall constitute a single instrument. The parties agree that this AGREEMENT may be executed and delivered by electronic means, including via email or electronic signature platforms (e.g., DocuSign, Adobe Sign), and that such electronic signatures shall be deemed to have the same legal effect as original signatures. Each party agrees that electronically signed documents shall be valid, enforceable, and admissible in any legal proceeding to the same extent as a manually signed original. XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION Notwithstanding anything in this Agreement to the contrary, nothing in this AGREEMENT shall require a party to release or provide information (including any reports, communications, data, etc.) that has been deemed by that party to be subject to the attorney-client privilege, attorney work product doctrine, or any other relevant privilege and protection, including, but not limited to, any reports or information generated by a party’s consultant that was prepared in consultation with, or at the direction of, such party’s attorney or counsel of record. Nothing in this AGREEMENT shall prohibit the parties hereto from entering into future agreements, including joint defense agreements, common interest agreements, or other similar agreements to share such privileged or protected information subject to the terms and conditions of such an agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Date: By
ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
///
///
///
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By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ALISO VIEJO
Date: , 2002
ATTEST:
City Clerk
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By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ANAHEIM
Date: , 2002
ATTEST:
City Clerk
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By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BREA
Date: , 2002
ATTEST:
City Clerk
132
132 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BUENA PARK
Date: , 2002
ATTEST:
City Clerk
133
133 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF COSTA MESA
Date: , 2002
ATTEST:
City Clerk
134
134 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF CYPRESS
Date: , 2002
ATTEST:
City Clerk
135
135 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF DANA POINT
Date: , 2002
ATTEST:
City Clerk
136
136 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FOUNTAIN VALLEY
Date: , 2002
ATTEST:
City Clerk
137
137 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FULLERTON
Date: , 2002
ATTEST:
City Clerk
138
138 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF GARDEN GROVE
Date: , 2002
ATTEST:
City Clerk
139
139 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF HUNTINGTON BEACH
Date: , 2002
ATTEST:
City Clerk
140
140 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
Date: , 2002
ATTEST:
City Clerk
141
141 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA HABRA
Date: , 2002
ATTEST:
City Clerk
142
142 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA PALMA
Date: , 2002
ATTEST:
City Clerk
143
143 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA BEACH
Date: , 2002
ATTEST:
City Clerk
144
144 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA HILLS
Date: , 2002
ATTEST:
City Clerk
145
145 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA NIGUEL
Date: , 2002
ATTEST:
City Clerk
146
146 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA WOODS
Date: , 2002
ATTEST:
City Clerk
147
147 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAKE FOREST
Date: , 2002
ATTEST:
City Clerk
148
148 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LOS ALAMITOS
Date: , 2002
ATTEST:
City Clerk
149
149 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF MISSION VIEJO
Date: , 2002
ATTEST:
City Clerk
150
150 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
Date: , 2002
ATTEST:
City Clerk
151
151 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ORANGE
Date: , 2002
ATTEST:
City Clerk
152
152 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF PLACENTIA
Date: , 2002
ATTEST:
City Clerk
153
153 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF RANCHO SANTA MARGARITA
Date: , 2002
ATTEST:
City Clerk
154
154 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN CLEMENTE
Date: , 2002
ATTEST:
City Clerk
155
155 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
Date: , 2002
ATTEST:
City Clerk
156
156 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
Date: , 2002
ATTEST:
City Clerk
157
157 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SEAL BEACH
Date: , 2002
ATTEST:
City Clerk
158
158 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF STANTON
Date: , 2002
ATTEST:
City Clerk
159
159 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF TUSTIN
Date: , 2002
ATTEST:
City Clerk
160
160 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF VILLA PARK
Date: , 2002
ATTEST:
City Clerk
161
161 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF WESTMINSTER
Date: , 2002
ATTEST:
City Clerk
162
162 of 403
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF YORBA LINDA
Date: , 2002
ATTEST:
City Clerk
163
163 of 403
EXHIBIT A - 1
DRY LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Alamitos State Beach Seal Beach
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheney State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
MCAS El Toro County
Joint Forces Training Base - Los Alamitos Armed Svs.
Center
Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge
164
164 of 403
165 of 403
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168 of 403
169 of 403
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171 of 403
STAFF REPORT
Meeting Date:
March 24, 2026
CONSENT
14 SUBJECT: AUTHORIZE THE CITY MANAGER TO APPROVE A DEFERMENT LOAN TO
STEVE BRUCE LIUZZI AND CAREN MARY LIUZZI REVOCABLE FAMILY
TRUST FOR PARTICIPATION IN THE CITY'S UNDERGROUND UTILITY
ASSESSMENT DEFERMENT LOAN PROGRAM FOR UNDERGROUND
UTILITY ASSESSMENT DISTRICT 2021-1 (WEST STREET)
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to approve the deferment loan to Steve Bruce Liuzzi and Caren Mary Liuzzi Revocable Family Trust in an amount not to exceed $73,746.61; and
2. Find the item is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378.
SUMMARY OF THE MATTER
This report recommends that the City Council authorize the City Manager to approve a deferment loan to the Steve Bruce Liuzzi and Caren Mary Liuzzi Revocable Family Trust, the owner of the property located at 31494 West Street, for participation in the City’s Underground Utility Assessment Deferment Loan Program for Assessment District 2021-1 (West Street).
Although the Property Owner initially submitted a complete application prior to the November 17, 2025, deadline, the application was subsequently withdrawn (as the property owners had concerns and questions about the documentation) and later resubmitted after the deadline had passed. The City Manager then asked staff and Bond Counsel if there was a way to mirror the AD 2021-1 deferment program. There is. Because the request is being reconsidered after the established deadline, the City’s bond counsel, Best Best & Krieger LLP, recommended a pathway outlined here, including that the City Council approve the loan and authorize the City Manager to execute the necessary loan documents (Attachment 1).
If approved, the deferment loan would be issued in an amount not to exceed $73,746.61 and funded through the Street Lighting Special Revenue Fund. The recommended action is administrative in nature and is not a project under CEQA pursuant to CEQA Guidelines Section 15378.
DISCUSSION
On September 23, 2025, the City Council approved the formation of Underground Utility Assessment District 2021-1 (West Street). In October, the City’s Public Works Department mailed cash collection notices to all the property owners located within the West Street Assessment District to communicate the deadline for the cash collection period and date to submit applications and supporting documents to participate in the City’s deferment loan program was November 17, 2025. The Property Owner - who had an assessment of $43.062 - submitted a completed deferral application packet to the City prior to the deadline. However, on November 12, 2025, the Property Owners sent an email to the City’s Finance Director withdrawing their application from consideration. After November 17, 2025, the Property Owners changed their mind and requested the City reconsider their application for the deferment loan program. 1 of 439
APPROVE LOAN AGREEMENT WITH STEVE BRUCE LIUZZI AND CAREN MARY LIUZZI
REVOCABLE FAMILY TRUST FOR PARTICIPATION IN THE CITY'S UNDERGROUND
UTILITY ASSESSMENT DEFERMENT LOAN PROGRAM FOR THE WEST STREET
ASSESSMENT DISTRICT
March 24, 2026