Agenda packet — Laguna Beach City Council, June 23, 2026 (part 4 of 9)

5 Treatment Protocols for Fuel Modification Zones
Subject to Coastal Development Permitting
g. large trees (Quercus, Platanus, et. al.) shall be pruned of dead components, and lower small branches removed to a height of 8 feet or one half their height, whichever is less, so as to disrupt “fuel ladder” potential. Dead and down tree components on the ground below large trees shall be removed.

Where there is still over 50% vegetative cover after the above material has been removed, the contractor will remove healthy live vegetation in accordance with the hierarchical list below, beginning with the first species listed, then in descending order through the list until 50% vegetative cover has been attained:

1. Coastal Goldenbush (Isocoma menziezii)

2. California Buckwheat (Erigonium fasciculatum),

3. Black Sage (Salivia mellifera)

4. California Sagebrush (Artemisia californica)

5. Monkeyflower (Mimulus aurantiacus)

6. Laurel Sumac (Malosma laurinus)

7. Toyon (Heteromeles arbutifolia)

8. Lemonade Berry (Rhus integrifolia)
Stumps will be cut to within 4” or less of the ground. Thinning of healthy, live vegetation will be done in a dispersed manner to avoid creating new large openings. All healthy specimens of Southern Maritime Chaparral species including Bush Rue (Cneoridium dumosum), Spiny Redberry (Rhamnus crocea) and Bigpod Lilac (Ceanothus megacarpus) will be retained.

Treatment of Water Courses
Pampas Grass and other invasive plant removal and herbicide treatment will be the primary vegetation management within a 25-foot buffer on either side of any “blue-line” ephemeral drainages or stream courses (as listed by USGCS map or City Website) that cross the treatment areas. For long drainages which may form a corridor through which fire may be ushered into residences at the head of drainages, additional site-specific steps may be implemented to establish breaks in fuel continuity within these corridors on a site-specific basis consistent with best environmental practice.

Herbicide Use
Herbicides may be used for spot treatment of invasive species when identified as appropriate by the site biologist. Herbicides shall be specific to the intended use and be used is such a manner as to not pose excessive risk to nearby sensitive species or water courses. Herbicides shall not be used on a landscape scale to defoliate large expanses of fuels.

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6 Treatment Protocols for Fuel Modification Zones
Subject to Coastal Development Permitting
Erosion Control
The preponderance of roots of perennial plants will be left in place to minimize erosion. Mulch and other erosion control measures (such as straw wattles and/or jute netting) will be installed as necessary for additional protection without being obtrusive, as recommended in site geotechnical reports. Haul paths will be minimized and rehabilitated with mulch or other methods as deemed appropriate by the project biologist. Areas of relatively low slope (i.e., below 33% or 1:3 grade) will be mulched to an adequate depth to minimize weed propagation and ongoing maintenance needs.

Disposal of Cut Materials
All dead and cut material will be disposed of properly. All non-native material will be removed from the site, placed in a truck or dumpster and hauled to a green waste recycler. City contractors will generally be conditioned within their contracts to pay all dump fees related to disposal. Native material will be chipped and used as mulch on-site in areas of moderate slope to reduce erosion and weed propagation.

Native material unable to be reused on site will be hauled to a green waste recycler, though efforts will be made to reuse as much native material on site as possible.

Native vegetation under 3 inches in diameter, live or dead, may be processed with hand tools on site and spread in place as mulch as an alternative to hauling and chipping, if it is cut into pieces not exceeding 12 inches, lays flat on the ground, does not cover remaining native plant species and total mulch depth does not exceed 12 inches. All coarse non-native material (e.g., woody debris, Pampas Grass leaves), live or dead, must be removed from the site, including any material dumped in the Project Area by residents or others. Fine material treated with herbicide (e.g., non-native grasses and annual weeds) may be left on site.

Additional Mitigations
Additional site mitigations may be considered when recommended or required by environmental permitting agencies on a case-by-case basis.

Trash and Litter Found On-site
Trash and litter found throughout the Project Area will be removed from the site and hauled to a landfill.

Site Monitoring and Documentation
An annual monitoring report shall be prepared by the City detailing the following:

1. Dates and locations of vegetation treatment or modification

2. Treatment methods utilized by site

3. Number of acres managed

4. Photos of treatment sites, pre- and post- treatment
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7 Treatment Protocols for Fuel Modification Zones
Subject to Coastal Development Permitting

5. Description of any violations or failure to meet conditions of the Coastal Development Permit

HABITAT CLASSIFICATION
The following definitions are utilized in the classification of habitat types within the City of Laguna Beach: (Excerpt from: Laguna Beach Biological Resources Inventory, Marsh et. al 1983 pp. 35-36) Biological Value Mapping is based on the parameters of habitat integrity and extent, faunal use, and presence of endangered, rare, or locally unique biota. From these, a ranking system was developed of low, medium, high, and very high value habitat. These habitats are classified as follows:

LOW VALUE HABITAT:

Disturbed, impacted sites, often dominated by ruderals, annual plants, and escaped horticulturals.

Such areas are usually highly fragmented by, or are contiguous to urban development. These sites are biologically simplified and are of low faunal carrying capacity. Low value habitats do not possess biological constraints to urban development, but may, if developed, be areas where spillover impact adversely affects contiguous higher value settings
MODERATE VALUE HABITAT:

These sites may contain either native vegetation of a specific community type, or ornamental species in a setting providing horizontal and vertical structural diversity. The sites are usually, however, limited in area extent, being contiguous to urban development. Thus their faunal carrying capacity, and often, the native floral species diversity, is lower than “high value” habitats described below.

HIGH VALUE HABITAT:

These are extensive areas dominated by indigenous plant communities which possess good species diversity. They are often, but not always, linked to extensive open space areas, within or outside of the city, by wild-fauna transversable open space corridors. Their faunal carrying capacity is good to excellent, many areas are utilized as bedding and foraging sites by mule deer or possess large resident populations of avifauna or native small animals.

VERY-HIGH VALUE HABITAT:

These include the habitats of endangered, rare, or locally unique native plant species (including disjunct and outpost populations). Also included are areas of southern oak Woodland and natural (not irrigation augmented) springs and seeps. Among the very-high value habitats inventoried are areas of significant rock outcrop exposures, because of the assemblages of sensitive plant species which often occupy such settings.
082018
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Appendix B – Coastal California Gnatcatcher Survey Report 186
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COASTAL CALIFORNIA GNATCATCHER SURVEY REPORT
Proposed Fuel Modification Zones 16 and 19 Projects
Prepared for:

Laguna Beach Fire Department
505 Forest Avenue
Laguna Beach, California 92651
Prepared by:

Aspen Environmental Group
5020 Chesebro Road, Suite 200
Agoura Hills, CA 91301
June 2023
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June 2023 i
Contents

1.0 INTRODUCTION ................................................................................................................................. 1

2.0 SURVEY OBJECTIVES AND METHODS ................................................................................................ 1

3.0 PROJECT DESCRIPTION ...................................................................................................................... 1

3.1 Topography and Surrounding Land Uses.................................................................................. 2

3.2 Vegetation................................................................................................................................. 2

4.0 SPECIES BACKGROUND...................................................................................................................... 2

4.1 Coastal California Gnatcatcher ................................................................................................. 2

5.0 RESULTS ............................................................................................................................................. 3

6.0 SUMMARY ......................................................................................................................................... 4

7.0 CERTIFICATION .................................................................................................................................. 4

8.0 REFERENCES....................................................................................................................................... 4 List of Tables
Table 1. Coastal California Gnatcatcher Survey Results ............................................................................. 3 Table 2. Additional Special-status Species Observed ................................................................................. 3 List of Attachments
Attachment 1: Figures
Figure 1: Regional Map
Figure 2: Project Site
Figure 3: Biological Resources
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Coastal California Gnatcatcher Survey Report
Proposed Fuel Modification Zones 16 and 19 Projects
June 2023 1

1.0 Introduction
This report presents the results of focused breeding season surveys for coastal California gnatcatcher (Polioptila californica californica) completed by Aspen Environmental Group (Aspen) for the proposed Lower Hobo (Fuel Modification Zone [FMZ] 16) and Diamond Crestview (FMZ 19) Fuel Modification Project (Project). Surveys were conducted according to the established protocols for this species by the U.S. Fish and Wildlife Service (USFWS). This report was prepared under contract to the City of Laguna Beach Fire Department to document coastal California gnatcatcher within the Project sites to support the preparation of a Biological Resources Technical Report and project permits. This report summarizes the methods and results of the focused surveys conducted in 2023.

2.0 Survey Objectives and Methods
The objective of the focused breeding season surveys for coastal California gnatcatcher was to gather sufficient data to determine the presence or absence of coastal California gnatcatcher within the Project sites. The goals of this survey were to: (1) identify the location of any suitable habitat for coastal California gnatcatcher within the Project sites; (2) document the presence or absence of coastal California gnatcatcher in suitable habitat within the Project sites during their breeding season; and (3) document any incidental observations of other special-status species within the Project sites.

Protocol-level breeding season surveys for the coastal California gnatcatcher were performed in accordance with the 1997 U.S. Fish and Wildlife Service (USFWS) guidelines, which stipulate that during the breeding season, six surveys shall be conducted in all areas of suitable habitat (USFWS, 1997). Surveys were conducted by permitted biologist Jason Berkley (Federal Recovery Permit TE-009015-5). During the survey, a combination of gnatcatcher vocalization recordings and “pishing” sounds were used to elicit responses from gnatcatchers. Weather conditions during the surveys were conducive to a high level of bird activity. All surveys were conducted during the morning hours and were completed before 10:00 am.

Surveys were not conducted during extreme weather conditions, and weather conditions documented during the surveys are reported in Table 1. All wildlife species observed during the surveys were recorded and are presented in Section 5.0.

3.0 Project Description
FMZs 16 and 19 are located within the City of Laguna Beach, Orange County, California (Figure 1; Attachment 1). Project activities in FMZs 16 and 19 would include vegetation thinning and removal to create a 100-foot zone of cleared vegetation across roughly 2.5 linear miles to reduce the risk of wildfire for adjacent residences in the area. Removal of heavy vegetation would reduce potential wildfire ignition of residential properties as well as reduce potential for wildfire to spread to high value habitat in wildlands. In addition, the Project would reduce fire line intensity, reduce wildfire rates of spread, and improve occupant safety.

FMZ 16 consists of approximately 13.5 acres located northeast of Pacific Coast Highway (Hwy 1) between Nyes Place to the west, and Laguna Terrace North and K Street to the east, behind residential and community properties (Figure 2a; Attachment 1). FMZ 19 consists of approximately 25.5 acres located northeast of Hwy 1, bounded by Diamond Street to the west, Summit Drive to the north, and La Mirada Street and Alta Vista Way to the east, adjacent to residential properties (Figure 2b; Attachment 1). Vehicle staging would be on existing paved roads, dirt roads, and other unvegetated areas. 189
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Coastal California Gnatcatcher Survey Report
Proposed Fuel Modification Zones 16 and 19 Projects
2 June 2023
Fuels management would be implemented per the City of Laguna Beach Treatment Protocols for Fuel Modification Zones Subject to Coastal Development Permitting. Fuels management is expected to primarily consist of hand removal with the option of goat-grazing in select areas if determined to be suitable. Vegetation removal by hand crews would be completed using hand clearing tools such as chainsaws, loppers, and other hand tools. If any special-status plants or animals are found, a trained biological monitor would flag such areas before treatment to ensure the species are protected and avoided.

Project work would avoid California gnatcatcher breeding season to the maximum extent feasible.

However, should work be required during the California gnatcatcher breeding season, mitigation measures require that a pre-construction nesting bird survey be performed. If birds are nesting on the site, then Project activities would be postponed until nesting is completed, or the Project Biologist would designate appropriate avoidance buffers around nests to protect nesting birds. The width of the buffer is typically 500 feet for coastal California gnatcatcher. Implementation of mitigation measures would reduce potential effects to the species.

Additional information on the project description and proposed treatment methods are included in the Biological Resources Technical Report (Aspen, 2023).

3.1 Topography and Surrounding Land Uses
The Project location is shown on Figure 1 (Attachment 1). It is within the California United States Geological Survey (USGS) Laguna Beach 7.5-minute Quadrangle (Quad), near the border with the San Juan Capistrano USGS Quad to the east. The elevation of the survey area ranges from approximately 150 to 630 feet elevation above mean sea level. The land use surrounding FMZ 19 is single-family residential.

FMZ 16 is adjacent to single-family residential, one commercial/community property, and open space in the Aliso and Wood Canyons Wilderness Park.

3.2 Vegetation
Vegetation within the survey area consists primarily of lemonade berry scrub, holly leaf cherry – toyon – greenbark ceanothus chaparral, and ornamental/developed areas. Other vegetation types include bigpod ceanothus chaparral, California buckwheat scrub, California sagebrush – black sage scrub, and fountain grass swards. Coastal sage scrub vegetation is located in FMZ 19 and is dominated by California sagebrush and black sage. Chaparral vegetation is located in both FMZs 16 and 19 and is dominated by lemonade berry and toyon. The vegetation and cover types within the Project sites are described in detail in the Biological Resources Technical Report (Aspen, 2023).

4.0 Species Background

4.1 Coastal California Gnatcatcher
Species Description, Distribution, and Status
Coastal California gnatcatcher was listed as threatened under the Federal Endangered Species Act in 1993 (USFWS, 1993). Its geographic range is primarily coastal southern California from Ventura County, inland to the Santa Clarita area, Banning area, and southward through northwestern Baja California. Its habitat is coastal sage scrub largely composed of California sagebrush, California buckwheat, and other lowgrowing, drought-deciduous shrubs. Coastal California gnatcatcher CNDDB occurrences overlap with the 190
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Coastal California Gnatcatcher Survey Report
Proposed Fuel Modification Zones 16 and 19 Projects
June 2023 3
Project in FMZ 16 and surround the project area in Aliso and Wood Canyons Wilderness Park to the north and east and in Crystal Cove State Park to the northwest (CDFW, 2023).

5.0 Results
No coastal California gnatcatcher were detected during any of the focused surveys. Survey results are provided in Table 1. Some habitat within the Project sites is suitable for coastal California gnatcatcher.

The highest quality coastal sage scrub habitat is present in the central portion of FMZ 19. Habitat in other portions of FMZ 19 and in FMZ 16 is dominated by chaparral and is not suitable habitat for coastal California gnatcatcher.

Table 1. Coastal California Gnatcatcher Survey Results
Survey # Date
Survey Time
Temp. (°F)
Cloud Cover
(%)
Wind Speed
(mph)
Species
Start End Detected?
1 4/12/2023 7:00 a.m. 12:00 p.m. 55-58 100-100 0-1 0
2 4/26/2023 7:00 a.m. 12:00 p.m. 54-67 50-0 0-1 0
3 5/3/2023 7:00 a.m. 12:00 p.m. 52-58 100-100 0-1 0
4 5/10/2023 7:00 a.m. 12:00 p.m. 52-67 100-50 0-1 0
5 5/18/2023 7:00 a.m. 12:00 p.m. 53-63 100-50 0-1 0
6 5/25/2023 7:00 a.m. 12:00 p.m. 50-58 100-100 0-1 0
Other Sensitive Species Observed
The surveys focused on coastal California gnatcatcher; however, incidental observations of all specialstatus species were also documented, as detailed in Table 2. Cooper’s hawk (Accipiter cooperii) was the only special-status species observed. The locations of this special-status species are shown on Figure 3 (Attachment 1).

Table 2. Special-status Species Observed
Common Name Scientific Name CDFW Status
Cooper’s hawk Accipiter cooperii Watch List
Watch List: Species that were either previously listed as Species of Special Concern and have not been state listed under the California Endangered Species Act; or were previously state or federally listed and now are on neither list; or are on the list of “Fully Protected” species.

Cooper’s hawk inhabits mature forests and open woodlands, in coniferous, deciduous, and mixed woods, typically nesting in tall trees with openings or edge habitat nearby.

Additional common species observed during the surveys include northern mockingbird (Mimus polyglottos), California thrasher (Toxostoma redivivum), house finch (Carpodacus mexicanus), wrentit (Chamaea fasciata), California towhee (Melozone crissalis), Anna’s hummingbird (Calypte anna), lesser goldfinch (Carduelis psaltria), song sparrow (Melospiza melodia), mourning dove (Zenaida macroura), spotted towhee (Pipilo maculatus), bushtit (Psaltriparus minimus), common raven (Corvus corax), California scrub-jay (Aphelocoma californica), Allen’s hummingbird (Selasphorus sasin), ash-throated flycatcher (Myiarchus cinerascens), red-tailed hawk (Buteo jamaicensis), white-crowned sparrow 191
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(Zonotrichia leucophrys), black-throated grey warbler (Setophaga nigrescens), hooded oriole (Icterus cucullatus), and ring-billed gull (Larus delawarensis).

As required by Mr. Berkley’s Federal Recovery Permit, no brown-headed cowbirds (Molothrus ater) were detected during the focused coastal California gnatcatcher surveys.

6.0 Summary
Coastal California gnatcatcher were not detected during the focused surveys. Minimal suitable habitat is present, and there is a moderate potential that this species could be present in the future. One additional sensitive species, Cooper’s hawk, was incidentally observed during the surveys.

7.0 Certification
I hereby certify that the statements furnished above and in the attached Figures present the data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief.

Date: __6/30/2023 Signed: _____________________________________ Jason Berkley

8.0 References
Aspen Environmental Group (Aspen). 2023. Biological Resources Technical Report, Proposed Fuel Modification Zones 16 & 19 Projects.

CDFW (California Department of Fish and Wildlife). 2023. California Natural Diversity Database (CNDDB Version 5). Rare Find. Wildlife & Habitat Data Analysis Branch, Department of Fish and Game.

USFWS (U.S. Fish and Wildlife Service). 1993. Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Coastal California Gnatcatcher. Federal Register 58:16742-16762 (March 30, 1993).
______. 1997. Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Protocol. Unpublished report. USFWS Field Office, Carlsbad, CA. 192
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Attachment 1 – Figures
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73 Crystal Cove
State Park
Emerald Bay
tal Cove
Laguna Beach
73 San Diego Fwy
Laguna Coast
Wilderness Park
Laguna Hills
133
San Dieg
o
Fwy
Aliso & Wood
Canyons
Wilderness Pk
Capist
Beac
Galivan
Three Arch Bay
Laguna Niguel
Dana Point
Aliso Viejo
133 ÄÆ
ÄÆ73
ÄÆ1
§¨¦5
Project
Location
Pacific Ocean
Los Angeles
County
Orange
County
Riverside
County
San
Bernardino
County
San Diego
County
Figure 1
Regional Map
0 1 2
Miles
Scale 1:75,000 ¯
FMZ 16
FMZ 19
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Ashton Dr
Rounsevel Ter
Hinkle Pl
L
ag
u
nita Ln
Du
mond
Dr
N
yes Pl
Nyes Pl
Alexander
Rd
S
Coast
Hwy
S
S t
Lagunita Ln
K S t
C S t
M S t
Kendall Dr
Loret ta Dr
K
St
Nyes Pl
M S t
Scale 1:4,000
1 inch = 333 feet
0 300 600
Feet
¯
FMZ 16
Sources: Aspen, 2023; ESRI, 2023.

Figure 2a
Project Site
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Surf & Sand
Resort
Summit Dr
Bluebird Canyon
Mountain Rd
Bluebird Park
1 Baja S t
Bluebird Canyon Dr
Glenneyre S t
Glenneyre St
Center S t
Moss S t
Diamond S t
Carmelita St
Pala Way
Ocean Way
Pearl St
California
Coastal National
Monument
Laguna Beach
Inn
Seaside
Laguna Inn &
Suites
Su
mmit Dr
La Mirada S t
Capistrano Ave
Quivera
St
Katella S t
Balboa Ave
Miramar S t
Del Mar Ave
Noria St
Acapulco S t
Bo
lsa
Mar
na Dr
li
n
Cortez Ave
Scale 1:7,000
1 inch = 583 feet
0 300 600
Feet
¯
FMZ 19
Sources: Aspen, 2023; ESRI, 2023.

Figure 2b
Project Site
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Ashton Dr
Rounsevel
Ter
Hinkle Pl
L
agu
nita Ln
Dumond
Dr
N
yes Pl
Nyes Pl
Alexander Rd
S
Coast Hwy
S
S t
Lagunita Ln
K S t
C St
M St
Kendall Dr
Loret ta Dr
K St
Nyes Pl
M S t
Figure 3a
Biological Resources
Scale 1:4,000
1 inch = 333 feet
0 300 600
Feet
¯
FMZ 16 Special-Status Wildlife
Cooper's Hawk
Sources: Aspen, 2023; ESRI, 2023.
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Summit Dr
Bluebird Canyon Dr
1 Baja St
Glenneyre S t
Center S t
Moss St
Diamond S t
Carmelita S t
Pearl S t
California
Coastal National
Monument
Laguna Beach
Inn
S
um
mit Dr
La Mirada S t
Katella S t
Miramar S t
Del Mar
Noria S t
Figure 3b
Biological Resources
Scale 1:5,000
1 inch = 417 feet
0 300 600
Feet
¯ FMZ 19 Special-Status Wildlife
Cooper's Hawk
Sources: Aspen, 2023; ESRI, 2023.
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Appendix D
Cultural Resources Assessment Report

CONFIDENTIAL
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Lower Hobo Canyon and Diamond Crestview
Fuel Modification Projects
Orange County, California

CULTURAL RESOURCES ASSESSMENT
REPORT

CONFIDENTIAL
Prepared for:

City of Laguna Beach Fire Department
505 Forest Avenue
Laguna Beach, CA 92651
Prepared by:

Lauren DeOliveira, M.S., RPA
Emily Smith, BA.
5020 Chesebro Road, Suite 200
Agoura Hills, CA 91301
October 2023
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Appendix E
Geotechnical Investigation of Potential Slope
Stability Impacts
Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program Zone 16, Western Nyes Place and Hobo Canyon Area Revised Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program Zone 19, Diamond Crestview to Arch Beach Heights Area
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Attachment 1 – Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program Zone 16, Western Nyes Place and Hobo Canyon Area
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October 27, 2017
City of Laguna Beach Fire Department Project No: 72287-16 505 Forest Avenue Report No: 17-8180
Laguna Beach, CA 92651
Attention: Mr. Jeff LaTendresse
Former Fire Chief
Subject: Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program
Zone 16, Western Nyes Place and Hobo Canyon Area
Laguna Beach, California

INTRODUCTION
This report presents the updated results of a geotechnical evaluation of the potential slope stability impacts related to proposed fuel modification on the slopes descending from residences along western Nyes Place and ascending from the Laguna Terrace community within Hobo Canyon in Laguna Beach. It is our understanding the proposed fuel modification involves an approximately 50 percent reduction in the density of the current vegetation canopy along a zone extending downslope approximately 100 feet from the adjacent residential properties. The goal of this modification is to provide a defensible space adjacent to homes in an effort to enhance the residents’ ability to evacuate and survive a severe fire event. An example of this 100 foot buffer is currently in place below the properties in Arch Beach Heights along Oro and Nyes Canyon, in Zone 1. This area has been undergoing similar modification for the past several years, and is meeting performance expectations with respect to controlled vegetation reduction without increasing erosion.

From the geotechnical perspective, two components of vegetation enhance slope stability. The plant canopy system and leaf structure creates surface area that accumulates rainfall for evaporation, reduces soil wetting and rainfall impact erosion or softening, and shades the soil surface from extreme drying and wind loosening during summer. The height and density of the vegetation is proportional to the protection provided during severe storms. Also, from a subsurface perspective, the plant root systems play a very important role by reinforcing the overall soil structure to increase strength and reduce the potential for shallow slippage and mudflows.
801 Glenneyre St. Suite F Laguna Beach CA 92651
(949) 494-2122 FAX (949) 497-0270
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October 27, 2017 Project No: 72287-16
Report No: 17-8180
Page No: 2
The purpose of this study is to assist the Fire Department to provide a safe fire break within Zone 16 below western Nyes Place and within Laguna Terrace, to identify the slope stability issues within the fuel modification area, and to provide mitigating guidelines, where possible.

Scope of Investigation
The investigation included:

1. Review of the published geologic reports and maps pertaining to the site vicinity, and nearby site specific geotechnical investigations.

2. Geologic surface reconnaissance of the fuel modification area.

3. Geotechnical review and evaluation for the formulation of our guidelines.

4. Preparation of this geotechnical report and graphics containing our conclusions and guidelines.

Accompanying Illustrations and Appendix
Plate 1 – Slope Ratio, Zone 16 Map
Appendix A – References
Site Description
The area of Zone 16 can be characterized as the lower hillside flanks of Hobo Canyon, along the community of Laguna Terrace, and a portion of the west-facing fill slope supporting central Nyes Place. The area is located on a lower edge of natural slope with ascending natural terrain on the order of 100 to 300 feet in total height. Overall, the majority of the slopes in this area are moderate to severe, inclined near 2:1 (horizontal: vertical) ratios and steeper, with localized isolated areas at 1:1 ratio to vertical at outcrops.

The area is in a largely natural state, with the exception of the Hobo Canyon fill for the Laguna Terrace community and the western Nyes Place grading. Significant fill deposits are located descending from the western portion of Nyes Place as a result of the mid-1960’s development of Tract 6029. Many areas of the ridge top and flanks expose a thin veneer of soil on bedrock. The ridge tops and flanks occupy the majority of the area within 100 feet of the adjacent properties.

Vegetation within the area is variable and similar to most of the hillsides in Laguna Beach. Near the canyon bottoms much of the vegetation is mature and in excess of five feet in height. On the flanks of the canyons the vegetation is a more open mix of sparse brush with few trees, and typically three feet or less in height. On the ridge tops and within trail areas the vegetation is limited to sparse grasses, cactus and brush commonly under three feet in height. Limited 205
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accumulations of debris comprised of dead vegetation and dry woody materials is scattered throughout the area.

GEOTECHNICAL CONDITIONS
Geologic Setting
The area and vicinity are located on the seaward slope of the San Joaquin Hills. The San Joaquin Hills are composed of Tertiary marine sedimentary strata uplifted due to regional tectonic forces acting on this portion of southern California during the last million years. Throughout this uplift, numerous canyons have been deeply incised into the San Joaquin Hills by erosional processes.

Zone 16 is located along western Nyes Place and the lower slope ascending from the westerly draining Hobo Canyon.

During this regional erosion-uplift process, decay and failure of the rock slopes occur naturally.

Over time, the bedrock materials chemically and mechanically reduce to form a thin soil mantle that essentially blankets the area. In some cases, and in steep terrain, the residual soils and shallow failures are completely removed by erosion over time. Where not eroded, these surficial remain sporadically located throughout the modification area.

Earth Materials
The modification area is underlain at shallow to moderate depths by bedrock strata assigned on the basis of regional geologic mapping to the San Onofre Formation. The San Onofre bedrock typically consists of coarse-grained sandstones, pebble to cobble conglomerate, and cemented angular breccia. Siltstone and claystone beds occur very infrequently. Overall the bedrock underlying the area is resistant and strong, except where thin weakened claystone beds are unsupported. Bedrock is commonly exposed at the surface in slopes that are inclined at a 1:1 (horizontal:vertical) ratio or steeper.

Landslide deposits are not indicated as being present in Zone 16 based on a review of State maps and aerial photographs. The absence of the ancient landslides is largely due to the competent nature of the underlying rock. The moderate to shallow sloping terrain of the modification area is mantled at shallow depth with a veneer of residual soil deposits. The residual soil consists of a coalesced mix of slopewash, weathered rock, and vegetation detritus, and is composed of medium to coarse grained sands with clays. The deposits are loose to dense, locally cohesionless, and prone to instability where moderately sloping and if saturated.

Geologic Structure
In general, the regional bedding within the Zone 16 area strikes north-northwest and is inclined 17 to 41 degrees southwest. This structure results in a supported condition on most slopes, but 206
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results in an obliquely unsupported condition underlying in southern sloping terrain, such as the northern flank of the Laguna Terrace community. Overall, the potential for deep gross failure of the bedrock is unlikely in these hillsides owing the lack of weak bedding and the hard and cemented character of the San Onofre Formation.

Fractures and joints are also present in the bedrock. These structures strike mostly northwest and dip to the east inclined at moderate to very high angles from horizontal. Over weeks to months after an application of water, these features provide a conduit for water to permeate into the hillside. The historic impact of increased groundwater in this area has not been and is not anticipated to be significant with regard to deep instability.

Surficial Runoff
Within Zone 16 the majority of the fuel modification area is unimproved with regard to drainage, except portions of the slopes southwesterly of Nyes Place where terrace drains systems were installed during the original rough grading. In other areas, the fill, residual soil, and rock slopes sheet flow to tributary drainages, which ultimately collect in the canyon bottom. Reductions in vegetation will likely somewhat increase the volume of runoff and surface sediment losses from the steeper hillsides, particularly in fill areas or where the reductions are made at the top of the slope.

Slope Stability
In Zone 16, the character of the rock and bedding in the San Onofre is not generally prone to gross instability. Accordingly, the California Geological Survey landslide map for Laguna Beach indicates no landslide deposits are known to be present in this area. Confirmation of the presence or absence of landslide features is not within the scope of this investigation.

This study indicates the risk for surficial instability on the upper slopes near the residential properties is low to moderate, and increases to moderate on the lower slopes. Some areas, which appear to be underlain with fill or residual soil, were observed with recent erosional scars and thin soil slips.

CONCLUSIONS

1. The primary geotechnical benefit of vegetation in hillside terrain is canopy protection of the soil from the elements, and root structure reinforcement within the upper soils to increase strength.
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2. The majority of the fuel modification area is underlain at the surface to relatively shallow depths by hard bedrock. The bedrock is mantled by isolated, thin residual soils and minor engineered fills from prior grading operations.

3. The exposed bedrock materials have a very low susceptibility to surficial failure. The residual soil and fill deposits have a low to moderate susceptibility to surficial movement with the current vegetation. No mapped landslides are present on the slopes flanking Hobo Canyon within Zone 16.

4. Overall, the likelihood of increased gross slope instability as a result of fuel modification is very low. The proposed fuel modification may have a limited adverse impact on soil stability in moderately sloping terrain, and where thicker soil or fill materials are present.

5. The potential for debris and/or mudflows from significant fuel modification is very low for slopes shallower than a 4:1 (horizontal:vertical) ratio, moderate on terrain sloping from a 4:1 to a 2:1 ratio, and high on slopes between a 2:1 to 1:1 ratio. Slopes steeper than a 1:1 ratio do not typically support soil accumulation, and therefore pose a relatively low debris flow potential. Sensitive surficial stability areas are indicated in orange on Plate 1.

6. Fuel modification impacts can be mitigated if conducted in a manner that considers the potential impacts to gross and surficial slope instability. Dead, fallen and woody debris may be removed without significant consequence to stability.

GUIDELINES
Our guidelines are considered to be generally consistent with the standards of practice. They are based on both analytical and empirical methods derived from experience with similar geotechnical conditions. These guidelines are considered to be geotechnically appropriate for the likely soil conditions and are not intended to supersede the criteria for fuel modification required for safe fire prevention or the responsibilities of the governing fire agencies.

1. Fuel modification should be conducted in the spring and completed in the early summer, to allow for some re-establishment of the native canopy prior to the next rainfall season.

2. Fuel modification efforts should be limited to the canopy and seasonal grasses, and should minimize damage to the existing root systems. Based on our prior conversations with personnel at Indacochea Ranch, Inc., the use of the goats to thin the vegetation may be acceptable, as they preferentially eat grasses, do not disturb root systems, and impact on the canopy can be controlled by moving the herd judiciously. We recommend a test area be used for a period of six months to one year, to evaluate the potential impacts. 208
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3. Fuel modification areas with a thick accumulation of soil on terrain sloping between a 2:1 to 1:1 (horizontal:vertical) ratio should consider surficial amendments, such as spray adhesives, fiber rolls, or jute matting, after the modification is complete and prior to the winter season.

LIMITATIONS
This investigation has been conducted in accordance with generally accepted practice in the engineering geologic and soils engineering field. No further warranty is offered or implied.

Conclusions and guidelines presented are based on the conditions encountered and are not meant to imply a control of nature. As site geotechnical conditions may alter with time, the recommendations presented herein are considered valid for a time period of one year from the report date. Changes in proposed land use may require supplemental investigation. Also, independent use of this report in any form cannot be approved unless specific written verification of the applicability of the recommendations is obtained from this firm.

Thank you for this opportunity to be of service. If you have any questions, please contact this office.

Respectfully submitted,

GEOFIRM
Kevin A. Trigg, R.G.

Chief Engineering Geologist, E.G. 1619
Registration Expires 12-31-18
KAT/HHR:fp
Distribution: (5) to Addressee
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Zone 10
Tsob
Tsob
Qopf
Qop2-6
Tsob
Tsob
Tsob
Tsob
Zone 10
Zone 11
Zone 16
Zone 16

SLOPE RATIO
ZONE 16

LAGUNA BEACH, CALIFORNIA
72287-16
JOB NO.:

FEET
0 HORIZONTAL AND VERTICAL SCALE:
1 INCH = 200 FEET
200 400
FEET
0 HORIZONTAL AND VERTICAL SCALE:
1 INCH = 200 FEET
200 400
OCTOBER 2017 DATE: PLATE:
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APPENDIX A

REFERENCES
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APPENDIX A

REFERENCES

1. California Geological Survey, 2006, “Draft-Preliminary Landslide Inventory, Laguna Beach Quadrangle”, dated May 8.

2. Geofirm, 2009, “Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Arch Beach Heights Fuel Modification Areas 1 and 2, Laguna Beach, California”, Project No. 71817-00, Report No. 09-6516, dated May 28.

3. Geofirm, 2012, “Evaluation for Slope Restoration and Erosion Control Plan, September 16, 2012 Fire Incident, Nyes Place Open Space, Laguna Beach, California”, Project No. 72021-00, Report No. 12-7202, dated February 6.

4. Geofirm, 2017, “Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program, Zone 10, Hobo Canyon Area, Laguna Beach, California”, Project No. 72287-10, Report No. 17-8025, dated February 6.

5. Hollingsworth, R., and Kovacs, G.S., 1981, “Soil Slumps and Debris Flows:

Prediction and Protection”, AEG Bulletin, Vol. 18, No. 1, pp 17-28.

6. Tan. S.I. and Edgington, W., 1976, "Geology and Engineering Geologic Aspects of the Laguna Beach Quadrangle, Orange County, California", Special Report 127, California Division of Mines and Geology.

7. Moore & Tabor, 1965, “Geologic Investigation, Tract 6029, Laguna Beach, California”, Job No. 15-723GP, dated October 21.

8. Moore & Tabor, 1967, “Report of Compacted Fill, Tract No. 6029, Lots 1-202, inclusive and Lot A, Laguna Beach, California”, Job No. 25-266T, dated February 9.

9. Morton, D.M., et. al., 2003, “Preliminary Soil-Slip Susceptibility Maps, Southwestern California” United States Geological Survey Open File report 03-17, Santa Ana Quadrangle, dated January 16 (modified 8-24-06)

10. USGS, 2003, “ Soil-Slip Stability Map for the Santa Ana 30’ x 60’ Quadrangle, Southern California”, Open-File Report 03-17, Plate 5.
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Attachment 1 – Revised Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program Zone 19, Diamond Crestview to Arch Beach Heights Area
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November 28, 2023
City of Laguna Beach Fire Department Project No: 72757-00 505 Forest Avenue Report No: 23-9493
Laguna Beach, California 92651
Attention: Mr. Robert Montaghami, City of Laguna Beach Fire Marshal Subject: Revised Geotechnical Evaluation of Potential Slope Stability Impacts Proposed Fuel Modification Program
Zone 19, Diamond Crestview to Arch Beach Heights Area
Laguna Beach, California
Reference: Geofirm, 2018, “Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program, Zone 19, Diamond Crestview to Arch Beach Heights Area, Laguna Beach, California,” Project No: 72422-19, Report No: 18-8427, dated October 26.

INTRODUCTION
This report presents the updated results of a geotechnical evaluation of the potential slope stability impacts related to proposed fuel modification on the slopes descending from residences in Arch Beach Heights and the Diamond Crestview community in Laguna Beach. Based on review of the new map of Fuel Modification Zone 19, it appears that the outline is generally the same 35.3 acres outline with the addition of proposed treatment area (0.9 acres) located to the north near Summit Drive. The three proposed untreated areas within the outline are identified as north (6.6 acres), middle (2.6 acres), and south (1.5 acres).

It is our understanding that the proposed fuel modification involves an approximately 50 percent reduction in the density of the current vegetation canopy along a zone extending downslope approximately 100 feet from the adjacent residential properties.

The goal of this modification is to provide a defensible space adjacent to homes in an effort to allow firefighters to fight fires more effectively in a severe fire event. An example of this 100 foot buffer is currently in place below the properties in Arch Beach Heights along Oro and Nyes Canyon, in Zone 1. This area has been undergoing similar modification for the past several years and is meeting performance expectations with respect to controlled vegetation reduction without increasing erosion.

From the geotechnical perspective, two components of vegetation enhance slope stability; due to the effects of soil moisture and reduced erosion. The plant canopy system and leaf structure accumulate rainfall for evaporation reducing runoff; and the soil surface from extreme drying and wind loosening during summer.
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The height and density of the vegetation are proportional to the protection provided during severe storms. Also, from a soil retention perspective, the plant root systems play a very important role by increasing the overall soil strength due to densification and reducing the potential for shallow slippage and mudflows.

The purpose of this study is to assist the Fire Department with the identification of geotechnical slope stability issues within the fuel modification area, and to provide mitigating guidelines, where possible.

Scope of Investigation
The investigation included:

1. Review of the published geologic reports and maps pertaining to the site vicinity, and nearby site specific geotechnical investigations.

2. Geologic surface reconnaissance of the fuel modification area.

3. Geotechnical review and evaluation for the formulation of our guidelines.

4. Preparation of this geotechnical report and graphics containing our conclusions and guidelines.

Accompanying Illustrations and Appendix
Figure 1 – Geotechnical Plan
Appendix A – References
Site Description
The area of Fuel Modification Zone 19 can be characterized as the west-southwest-facing hillside below Arch Beach Heights residential neighborhood and includes the Diamond Crestview residential neighborhood. The area consists of natural slopes with terrain on the order of 100 to 250 feet high with the overall topographic relief of approximately 450 feet; the lower elevation (150 feet) along Glenneyre St. and the upper elevation at the northern limit (600 feet) along Summit Drive. Overall, the majority of the slopes in this area are moderate, inclined near 2:1 (horizontal: vertical) ratios and steeper, with few localized areas at 1:1 ratio to near vertical at outcrops and roadcuts.

The area is exclusively wildland conditions. Many areas of the ridge top and flanks expose a thin veneer of soil on bedrock with the exception of the significant fill deposits located descending from the western terminus of Del Mar Avenue as a result of the mid-1980’s landslide repair and buttress. The new areas include the canyon areas with larger trees and shrubs. The ridge tops and flanks occupy the majority of the area within 100 feet of the adjacent properties.

Vegetation within the area is variable and similar to most of the hillsides in Laguna Beach. On the slope areas and the flanks of the intervening canyons the vegetation is a more open mix of sparse brush with few trees, and typically three to five feet or less in height. Limited accumulations of debris comprised of dead vegetation and dry woody materials is scattered 215
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throughout the area. Near the residence areas the vegetation appears to be thicker and greener with moderately tall specimen trees, likely supported and maintained by the property owners.

GEOTECHNICAL CONDITIONS
Geologic Setting
The area and vicinity are located on the seaward slope of the San Joaquin Hills. The San Joaquin Hills are composed of Tertiary marine sedimentary strata uplifted due to regional tectonic forces acting on this portion of southern California during the last several million years. Throughout this uplift, numerous canyons have been deeply incised into the San Joaquin Hills by erosional processes. Zone 19 can be topographically characterized as a generally western-facing slopes transected with several minor intervening drainages flowing to the west.

During this regional erosion-uplift process, decay and failure of the rock slopes occur naturally.

Over time, the bedrock materials chemically and mechanically reduce to form a thin soil mantle that essentially blankets the area. In some cases, and in steep terrain, the residual soils and shallow failures are completely removed by erosion over time. Where not eroded, these surficial instabilities remain sporadically located throughout the modification area.

A total of five existing landslides are located within the area of Fuel Modification Zone 19 (CGS, 2016). The geomorphic expression of the landslides generally consists of lobate shapes around the descending ridgelines and flanked by canyons with a western direction of movement.

Earth Materials
The modification area is underlain at shallow to moderate depths by bedrock strata assigned on the basis of regional geologic mapping to the Topanga Formation (Map Symbol Tt) to the north and San Onofre Breccia Formation (Map Symbol Tso) to the south of Fuel Modification Zone

19. See the attached Geotechnical Plan, Figure 1. The Topanga Formation bedrock typically consists of very thick fine to coarse-grained sandstones, with thin siltstone and claystone layering. The San Onofre Breccia Formation bedrock largely consists of coarse-grained sandstones, pebble to cobble conglomerate, and cemented angular breccia. Siltstone and claystone beds occur very infrequently. Overall, the bedrock underlying the area varies from moderately hard to resistant and strong, except where thin weakened claystone beds are unsupported. San Onofre Formation bedrock can be exposed at the surface on slopes that are inclined at a 1:1 (horizontal:vertical) ratio or steeper.

A total of five landslide deposits (Map Symbol Qls) are located in Zone 19 based on a review of available geologic maps and aerial photographs as depicted on the attached Geotechnical Plan, Figure 1. The available literature indicates that the age of these landslides are mature.

The moderate to shallow sloping terrain of the lower elevations within the modification area has a thin veneer of residual soil deposits. The residual soil consists of a coalesced mix of slopewash, weathered rock, and vegetation detritus, and is composed of medium to coarse grained sands 216
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with clays. The deposits are loose to dense, locally cohesionless, and prone to instability where moderately sloping and if saturated.

Geologic Structure
In general, the regional bedding within the Zone 19 area strikes east-west and is inclined 30 degrees south. This structure results in an obliquely supported bedding condition on most southwesterly facing hillsides but can result in a localized unsupported condition underlying southerly sloping terrain. Despite the history, the potential for deep gross failure of the bedrock is low in these hillsides, owing to the generally supported structure of the Topanga Formation and the lack of weak bedding and the hard and cemented character of the San Onofre Breccia Formation.

Surficial Runoff
Within Fuel Modification Zone 19 the hillsides are devoid of drainage improvements; however, the majority of the canyon areas are improved with storm drains inlets at the bottom.

Additionally, the western terminus of Del Mar and the Del Mar Landslide buttress fill has constructed drainage improvements. In other areas, the fill, residual soil, and rock slopes sheet flow to tributary drainages, which ultimately are directed toward the canyon bottom. Reductions in vegetation will likely somewhat increase the volume of runoff and surface sediment losses from the steeper hillsides, particularly in fill areas or where the reductions are made at the top of the slope.

Slope Stability
In Zone 19, the structure of bedding and character of the rock in the Topanga Formation and San Onofre Breccia Formations is not generally prone to gross instability. However, the California Geological Survey Landslide Inventory map indicates five minor landslide deposits are interpreted to be present in this area. One of the identified failures is the 1980 Del Mar Landslide, which was largely removed during remedial grading and replaced with a buttress fill.

Confirmation of the presence or absence of the other landslide features is not within the scope of this investigation.

However, the residual soils and weathered fill materials mantling the bedrock are considered subject to shallow instability in moderately steep terrain. Mudflows and debris flows may occur in exposed terrain inclined at a 2:1 (horizontal:vertical) ratio or steeper. The USGS has prepared maps depicting the risk of shallow soil instability within the Santa Ana 30-minute x 60-minute Quadrangle. This study indicates the risk for surficial instability on the upper slopes near the 217
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residential properties varies from low to high, with high-risk areas appearing to be focused near the interpreted minor failures.

CONCLUSIONS

1. The primary geotechnical benefit of vegetation in hillside terrain is canopy protection of the soil from the elements, and root structure reinforcement within the upper soils to increase strength.

2. The majority of the fuel modification area is underlain at the surface to relatively shallow soil depths and moderately hard to very hard bedrock. In the north, several mature landslide deposits exist on the ridgelines and are mantled by thin residual soils. Below Del Mar Avenue, engineered fills from prior grading operations conducted to remediate the landslide deposits.

3. The existing bedrock materials have a very low susceptibility to erosion due to surficial failure. The residual soil and fill deposits have a low to moderate susceptibility to surficial movement with the current vegetation. Relatively minor landslide deposits are present on the ridges within Fuel Modification Zone 19. It is anticipated fuel modification efforts will have no significant impact on these features.

4. Overall, the likelihood of increased gross slope instability as a result of fuel modification is low. The proposed fuel modification may have a limited adverse impact on soil stability in moderately sloping terrain, and where thicker soil or loose fill materials are present.

5. The potential for debris and/or mudflows from significant fuel modification is very low for slopes shallower than a 4:1 (horizontal:vertical) ratio, moderate on terrain sloping from a 4:1 to a 2:1 ratio, and high on slopes between a 2:1 to 1:1 ratio. Slopes steeper than a 1:1 ratio do not typically support significant soil accumulation, and therefore pose a relatively low debris flow potential. Sensitive surficial stability areas are indicated in orange on the attached Geotechnical Plan, Figure 1.

6. Fuel modification impacts can be mitigated if conducted in a manner that considers the potential impacts to gross and surficial slope instability. Dead, fallen and wood debris may be removed without significant consequence to stability.

1. Fuel modification should be conducted in the spring and completed in the early summer, to allow for some re-establishment of the native canopy prior to the next rainfall season.

2. Fuel modification efforts should be limited to the canopy and seasonal grasses and should minimize damage to the existing root systems. Based on our prior conversations with personnel at Indacochea Ranch, Inc., the use of the goats to thin the vegetation may be acceptable, as they preferentially eat grasses, do not disturb root systems, and impact on the canopy can be controlled by moving the herd judiciously. We recommend a test area be used for a period of six months to one year, to evaluate the potential impacts.

LIMITATIONS
This investigation has been conducted in accordance with generally accepted practice in the engineering geologic and soils engineering field. No further warranty is offered or implied.

Thank you for this opportunity to be of service. If you have any questions, please contact this office.

Respectfully submitted,

GEOFIRM
Christopher L. Tomlin, E.G. 2066 Jesse D. Bearfield, P.E. 84335 Senior Engineering Geologist Associate Engineer
CLT/JDB:mr
Distribution: Addressee via Email
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APPENDIX A

REFERENCES
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APPENDIX A

REFERENCES

1. California Geological Survey, 2016, “California Landslide Inventory,” available at https://maps.conservation.ca.gov/cgs/lsi/app.

5. Geofirm, 2018, “Geotechnical Evaluation of Potential Slope Stability Impacts, Proposed Fuel Modification Program, Zone 19, Hobo Diamond Crestview to Arch Beach Heights Area, Laguna Beach, California”, Project No. 72442-19, Report No. 18-8427, dated October 26.

6. Leighton and Associates, 1976, "Seismic Safety and Safety Element, City of Laguna Beach".

7. Leighton and Associates, 1980, "Geotechnical Investigation of the Del Mar Landslide (Phase 1), City of Laguna Beach, California".

8. Leighton and Associates, 1980, "Geotechnical Investigation of the Del Mar Landslide (Phase II), City of Laguna Beach", California.

9. Leighton and Associates, 1980, "Geotechnical Review of Plans and Specifications for Del Mar Landslide Area, City of Laguna Beach, California".

10. Leighton and Associates, 1981, "Final Geotechnical Report of Emergency Grading Operations for Stabilization and Repair of the Del Mar Landslide", Project No:
1800121-05, dated June 26.

11. Hollingsworth, R., and Kovacs, G.S., 1981, “Soil Slumps and Debris Flows:

Prediction and Protection”, AEG Bulletin, Vol. 18, No. 1, pp 17-28. 222
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12. Tan. S.I. and Edgington, W., 1976, "Geology and Engineering Geologic Aspects of the Laguna Beach Quadrangle, Orange County, California", Special Report 127, California Division of Mines and Geology.

13. Moore & Tabor, 1965, “Geologic Investigation, Tract 6029, Laguna Beach, California”, Job No. 15-723GP, dated October 21.

14. Moore & Tabor, 1967, “Report of Compacted Fill, Tract No. 6029, Lots 1-202, inclusive and Lot A, Laguna Beach, California”, Job No. 25-266T, dated February 9.

15. Morton, D.M., et. al., 2003, “Preliminary Soil-Slip Susceptibility Maps, Southwestern California” United States Geological Survey Open File report 03-17, Santa Ana Quadrangle, dated January 16 (modified 8-24-06)

16. USGS, 2003, “ Soil-Slip Stability Map for the Santa Ana 30’ x 60’ Quadrangle, Southern California”, Open-File Report 03-17, Plate 5.
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Appendix F
Paleontological Resources Summary
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A

PROJECT MEMORANDUM

LOWER HOBO AND DIAMOND CRESTVIEW FUEL MODIFICATION PROJECT Date:

To:

From:

November 29, 2023
Robert Montaghami, Fire Marshal, Laguna Beach Fire Department Joe Stewart, PhD
Subject: Paleontological Resources Summary for the Lower Hobo and Diamond Crestview Fuel Modification Project
Purpose and Intent of the Memorandum
This memorandum summarizes the paleontological resources that are present or could be present within the combined 39.1-acre area of Fuel Modification Zone (FMZ) 16 (Hobo Canyon) and FMZ 19 (Diamond Crestview) (Figure 1). It also discusses potential impacts to these paleontological resources. This report was compiled by Aspen’s principal paleontologist, Joe Stewart, whose resume is included as Attachment B. Dr. Stewart meets the criteria for a qualified professional paleontologist as defined by the Society of Vertebrate Paleontology (2010) and has published 40 peer-reviewed articles in scientific books and journals. He also has 35 years of experience studying the paleontology of southern California.

Site Description and Location
Both projects lie within the Laguna Beach 7.5’ quadrangle (Figure 2). FMZ 16 (Lower Hobo) lies generally in the northwest ¼ of section 31, Township 7 South, Range 8 West. FMZ 19 lies along the eastern edge of section 25 and in the NE ¼ of section 35, Township 7 South, Range 9 West, the remainder lies along the west border of section 30, Township 7 South, Range 8 West.

The City of Laguna Beach Fire Department (LBFD) proposes to apply fuel management practices within the City of Laguna Beach, California (see Figure 1). FMZ 16 (Lower Hobo) and FMZ 19 (Diamond Crestview) would consist of approximately 100-foot-wide zones of reduced vegetation. Removal of heavy vegetation would reduce potential wildfire ignition of primarily residential properties, increase the evacuation time for residents, and provide better access for firefighters to protect structures. In addition, the proposed project would reduce fire line intensity, reduce wildfire rates of spread, and improve occupant safety.

Lastly, it would protect High and Very High Value Habitat containing special-status plant species.

Since the 1950s, the City of Laguna Beach has maintained a system of fuel breaks for protection from wildfires. After the 1993 wildfires, the program was expanded, and now the city currently maintains 27 FMZs managed by goat-grazing and manual removal. According to the City of Laguna Beach, the project lies in a Very High Fire Hazard Severity Zone, and any wildfire would be an immediate threat to structures.

The proposed projects would establish fuel breaks directly around wildland-urban interface to protect residential and public properties. The LBFD would oversee the construction and maintenance of the fuel breaks in FMZs 16 and 19.
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Figure 1. Project Location Map
FMZ 16 (Lower Hobo). FMZ 16, an approximately 13.7-acre zone, predominantly borders residential single-family and mobile home communities along the western part of Nyes Place, then curves above Ashton Drive and Alexander Road, behind the Laguna Beach Community and Recreation Center and future location of the Laguna Beach Fire Department administrative offices, and along the north and south sides of Laguna Terrace North, M Street, and K Street (see Figure 1). The single-family homes in this neighborhood are adjacent to large portions of densely vegetated steep hillsides and are susceptible to wildfire hazards. FMZ 16 contains a variety of native and disturbed habitat and contains an intact population of big-leaved crownbeard, a State- and federally-listed threatened species and intermediate mariposa-lily, a State-listed threatened species.
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Figure 2. Project Location Topographic Map
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Other plant species within FMZ 16 include bigpod ceanothus, laurel sumac, California buckwheat, California brittlebush, California sagebrush, black sage, toyon, holly leaf redberry, coast live oak, scrub oak, heart leaved keckiella, blue elderberry, sticky monkeyflower, Victorian box, ngaio tree, garden nasturtium, lemonade berry, redberry, deerweed, fountain grass, coastal wattle, bank catclaw, athel, American century plant, glossy privet, and pride of madeira. Big-leaved crownbeard, a federal and state threatened species, occurs along Nyes Place and K Street. Additionally, several patches of Coulter’s Matilija Poppy (included in the California Native Plant Society Inventory of Rare and Endangered Plants as limited distribution) were observed in FMZ 16 adjacent to residential development. Special-status species would be flagged, and a 15-foot buffer installed during fuel management activities.

FMZ 19 (Diamond Crestview). Similar to FMZ 16, FMZ 19 is located on steep, densely vegetated slopes that pose the risk of wildfire hazards to nearby structures. FMZ 19 consists of approximately 25.4 acres bounded by Diamond Street to the west, Summit Drive to the north, and La Mirada Street and Alta Vista Way to the east and is surrounded by residential single-family homes (see Figure 3). According to the City of Laguna Beach’s GIS Constraints layers, large portions of FMZ 16 are designated as High/Very High Value Habitat and Seismic Hazard Landslide Areas (City of Laguna Beach, 2023). The heavily vegetated steep slopes within and around FMZ 19 pose a risk of wildfire damage to adjacent homes and valuable habitat.

FMZ 19, like FMZ 16, is also moderately impacted by non-native ornamental plants, such as Victorian box, ngaio tree, garden nasturtium, coastal wattle, bank catclaw, athel, American century plant, glossy privet, and pride of madeira, likely established by homeowners. The areas with relatively intact native habitat contain laurel sumac, California buckwheat, California brittlebush, California sagebrush, black sage, sweetclover, Italian thistle, coyote brush, toyon, holly leaf redberry, coast live oak, scrub oak, heat leaved keckiella, blue elderberry, sticky monkeyflower, Spiny redberry, and deerweed. Big-leaved crownbeard, intermediate mariposa lily, and decumbent goldenbush, all special-status species, occur in FMZ 19.

Additionally, Fish’s milkwort (included in the California Native Plant Society Inventory of Rare and Endangered Plants as limited distribution) occurs in the southern portion of FMZ 19. Portions of FMZ 19 that have been categorized as High/Very High Value Habitat or have had rare plant sightings were surveyed by a qualified biologist in June and September 2023 and the project design refined to avoid rare plants and minimize vegetation clearance in these areas.

Methods
Investigation methods included geologic mapping, a paleontological record search through the Natural History Museum of Los Angeles County, a site visit, and a paleontological literature search.

Results
Geologic mapping of the area shows FMZ 16 to be underlain primarily by the San Onofre Breccia with a small area in its midsection underlain by Old Quaternary paralic deposits, units 2-6, undifferentiated (Qop 2-6) (Morton and Miller, 1981). The same mapping shows the northern part of FMZ 19 to be within the Topanga Group, with the southern part in the San Onofre Breccia and the southwestern part in Qop 2-6 (Figure 3). The San Onofre Breccia is a middle Miocene marine deposit containing abundant broken pieces of metamorphic and sedimentary rocks. The Topanga Group is a middle Miocene marine sandstone. It has historically been regarded as a formation but is recognized as a group by Morton and Miller. The Old Quaternary paralic deposits, units 2-6, undifferentiated are intertongued marine and continental coastal deposits of late to middle Pleistocene age. They have been uplifted since they were deposited at or near sea level.
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Figure 3. Geologic Setting
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The paleontological resources records search done by the Natural History Museum of Los Angeles County for the Lower Hobo and Diamond Crestview Fuel Modification Project (see Attachment A) covers the area.

The records search yielded four known nearby Topanga Formation localities (middle Miocene) and two nearby San Onofre Breccia localities (Early-Middle Miocene). Two Topanga Formation localities produced specimen of an extinct aquatic mammal known as Desmostylus. Another produced a dugong fossil. The other one produced mollusk and brachiopod fossils. Both of the San Onofre Breccia localities produced unspecified invertebrate fossils.

A search of paleontological literature, both published and unpublished, did not yield any localities pertinent to this study.

Aspen paleontologist Joe Stewart attempted to survey the project area on October 12, 2023. Much of the project area was inaccessible because of steep slopes and dense vegetation. In the few areas that were accessible, no paleontological resources were located. In all the areas accessed, the Topanga Formation was a moderately indurated sandstone. The San Onofre Breccia is an indurated breccia. No exposures of the Old Quaternary paralic deposits were accessed. No fossils were detected at any of the sites.

Impacts
The Lower Hobo and Diamond Crestview Fuel Modification Project would involve minor ground disturbances to remove and reduce vegetation exclusively using hand crews. All cuttings would be removed and hauled off site with the exception of the majority of roots of perennial plants to be left in place to minimize erosion. The sediments that would be impacted are fairly or very loose. In some areas, they are mixed with humus and dead vegetation. There is no clear evidence that paleontological resources of the Topanga Formation would be impacted and would at most be impacted only by pedestrian traffic.

The likelihood of impacting significant paleontological resources that are not already disturbed by vegetation is negligible.

Conclusion
Impacts to paleontological resources within FMZ 16 and FMZ 19 would be negligible. No mitigation is required.

Attachments
Attachment A – Paleontological Resources Records Search Attachment B – Joe Stewart Resume
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Robert Montaghami, Fire Marshal

Page 7 ends

References
City of Laguna Beach. 2023. Public GIS Map Viewer. [Online]: https://gis.lagunabeachcity.net/ Html5Viewer/index.html?viewer=LagunaBeachPublicGIS. Accessed August 13, 2023.

Morton, P.K., and R.V. Miller. 1981. Geologic Map of Orange County California, Showing Mines and Mineral Deposits. California Division of Mines and Geology Bulletin 204, plate 1. Scale 1:48,000.

Morton, P.K., and R.V. Miller. 2006. Geologic map of the San Bernardino and Santa Ana 30’60’quadrangles, southern California. U.S. Geological Survey Open File Report OF-99-172.

Scale 1:100,00.md
Vedder, J. G., R. F. Yerkes, and J. E. Schoellhamer. 1957. Geologic map of the San Joaquin Hills – San Juan Capistrano area, Orange County, California. U.S. Geological Survey Oil and Gas Investigations Map OM-193. Scale: 1:24,000.

Society of Vertebrate Paleontology (SVP). 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. 11 p. [Online]: http://vertpaleo.org/ The-Society/Governance-documents/SVP_Impact_Mitigation_Guidelines.aspx 231
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Attachment A
Record Search Results
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Research & Collections
e-mail: [email protected]
October 1, 2023
Aspen Environmental Group
Attn: Lauren DeOliveira
re: Paleontological resources for the FMZ 16/19 Project Dear Lauren:

I have conducted a thorough search of our paleontology collection records for the locality and specimen data for proposed development at the FMZ 16/19 project area as outlined on the portion of the Laguna Beach USGS topographic quadrangle map that you sent to me via e-mail on September 21, 2023. We do not have any fossil localities that lie directly within the proposed project area, but we do have fossil localities nearby from the same sedimentary deposits that occur in the proposed project area, either at the surface or at depth.

The following table shows the closest known localities in the collection of the Natural History Museum of Los Angeles County (NHMLA).

Locality
Number Location Formation Taxa Depth
LACM IP 5835
East side of Aliso Creek bank;
approximately 1 mile inland
from Pacific Coast Highway; on
west side of prominent spur
trending northwest from Niguel
Hill
Topanga Formation
(shale)
abundant mollusks
and brachiopods
(Glotidia albida) Surface
LACM VP 3222
Two miles north of South
Laguna; west of the drainage of
Aliso Creek; southeast of
Temple Hill
Topanga Formation
(brecciated
conglomeratic
sandstone)
marine mammal
(Desmostylia) surface
LACM VP 4007
In the head of Rim Rock
Canyon south of Temple Hill
Drive & west of Top of the
World on Temple Hill Topanga Formation
Marine mammal
(Desmostylus) Unknown
LACM VP 7249
Ridge between Temple Hill and
Wood Canyon, south side of
wash on cliff face Topanga Formation
Marine mammals
(Dugongidae) Unknown
LACMIP 24377 Dana Point
San Onofre Breccia
(Red and gray;
sandy and earthy
schist breccia)
Invertebrates
(unspecified) Unknown
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LACMIP 6997
S slope of ridge adjacent to
Laguna RidgeTrail, near end of
Seaway Dr; Laguna Hills San Onofre Breccia
Invertebrates
(unspecified) Unknown
VP, Vertebrate Paleontology; IP, Invertebrate Paleontology; bgs, below ground surface This records search covers only the records of the NHMLA. It is not intended as a paleontological assessment of the project area for the purposes of CEQA or NEPA. Potentially fossil-bearing units are present in the project area, either at the surface or in the subsurface. As such, NHMLA recommends that a full paleontological assessment of the project area be conducted by a paleontologist meeting Bureau of Land Management or Society of Vertebrate Paleontology standards.

Sincerely,
Alyssa Bell, Ph.D.

Natural History Museum of Los Angeles County
enclosure: invoice
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Attachment B
Resume
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Joe Stewart, Ph.D.

PALEONTOLOGIST
PROFILE: Dr. Stewart is a vertebrate paleontologist with over 40 years of experience in paleontology and 33 years with the geology and paleontology of California. His main experience is with the paleontological resources of California, but also has experience with projects in Wyoming, Utah, Colorado, Arizona, Nevada, Idaho, and Nebraska, and a substantial research history in Kansas. Dr. Stewart has extensive experience with permitting projects subject to CEQA and NEPA and is on the list of approved paleontologist for Orange County. His expertise includes the identification of fish fossils and Pleistocene microvertebrate faunal remains. He recently completed the paleontological mitigation work for a project for the County of Orange on Newport Bay. He directed the paleontological monitoring and mitigation program for Path 15, a major transmission line project, and the paleontological aspects of permitting for the Gateway West transmission line project in Wyoming and Idaho. Joe has multiple BLM permits. He has published over 40 peer reviewed paleontology articles in scientific books and journals.

He is also a Research Associate at the Natural History Museum of Los Angeles County.

EDUCATION:
n PhD, Systematics and Ecology, University of Kansas, 1984 n MA, Systematics and Ecology, University of Kansas, 1979

PROFESSIONAL EXPERIENCE

REVIEW OF IVANPAH-CONTROL PROJECT
California Public Utilities Commission,
Reviewed paleontological resource aspects of Southern California Edison’s Ivanpah-Control Project environmental assessment filing for California Public Utilities Corporation.

TECHNICAL REVIEW OF ALAMITOS BAY PUMP STATION INITIAL STUDY Los Angeles County Flood Control District,
Reviewed paleontological documents for the Initial Study for the Los Angeles County Flood Control District.

STRAUSS WIND ENERGY PROJECT
Santa Barbara County Planning Dept,
Reworking paleontological resource sections of an earlier EIR for Santa Barbara County Planning Department.

PUERCO CANYON CAMP AND TRAILHEAD PROJECT
Mountains Recreation and Conservation Authority,
Surveyed the project footprint and wrote the Paleontological Resources Mitigation and Monitoring Plan.

PREVIOUS EXPERIENCE
n ISEC West Solar Project (2013-2016). Dr. Stewart supervised paleontological monitoring on private lands. n BrightSource Sonoran West Solar Project (2012-2013). Dr. Stewart supervised paleontological survey on BLM and private lands. Worked on AFC and wrote final report when project was terminated. n TerraGen Project (2012). Dr. Stewart Performed pedestrian paleontological survey of project site and wrote the Paleontological Resources section for the AFC.
n BrightSource Rio Mesa Solar Project (2011-2013). Dr. Stewart supervised paleontological survey on BLM and private lands. Wrote the Paleontological Resources section for the AFC. 236
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n Pio Pico Energy Center (2010-2011). Dr. Stewart supervised paleontological survey and wrote the Paleontological Resources section for the AFC.
n Mesquite Nevada Replacement General Aviation Airport (2009). Dr. Stewart wrote the paleontological Resource Assessment for the Federal Aviation Administration. n Marsh Landing Generating Station Application for Certification (2008- 2013). Dr. Stewart performed paleontological pedestrian survey of project area in Contra Costa County and wrote the paleontological resource section of the AFC. Served as Paleontological Resource Specialist for construction. Wrote final report. n Imperial Valley Solar Application for Certification (2008-2010). Dr. Stewart directed paleontological pedestrian survey of project area in San Bernardino County and wrote the paleontological resource section of the AFC. n Calico Solar Application for Certification (2008-2010). Dr. Stewart participated in paleontological pedestrian survey of project area, edited the paleontology section of the AFC, and am served as Paleontological Resource Specialist.
n Starwood Power-Midway, LLC Peaking Project Construction (2008-2009). Dr. Stewart wrote mitigation plan for paleontological resources, oversaw monitoring for paleontological resources, and wrote final report. n Calnev Pipeline Project (2008-2009). Dr. Stewart directed paleontological survey of 234-mile-long project area in San Bernardino County, California and Clark County, Nevada and wrote the paleontological assessment. n Willow Pass Generating Station Application for Certification (2008-2009). Dr. Stewart participated in paleontological pedestrian survey of project area in Contra Costa County and wrote the paleontological resource section of the AFC.
n San Joaquin One and Two Application for Certification (2008). Dr. Stewart directed paleontological pedestrian survey of project area in Fresno County and wrote the paleontological resource section of the AFC. n Carrizo Energy Solar Farm (Ausra) Application for Certification (2007). Dr. Stewart participated in paleontological pedestrian survey of project area and edited the paleontology section of the AFC. n Starwood Power-Midway, LLC Peaking Project Application for Certification (2007). Dr. Stewart participated in the responses to the CEC Provisional Staff Assessments. n Path 15 500-kV Power Transmission Line between Los Banos and Gates substations (2003-2005). Dr. Stewart supervised paleontological resource monitoring, excavations, specimen preparation, specimen identification, and report writing for 80-mile power line.

PREVIOUS EMPLOYMENT
n URS Corporation, Principal Paleontologist, San Diego, California, 2007-2015 n PCR Services Corporation, Principal Paleontologist, Irvine, California, 2005-2007 n Jones and Stokes, Project Paleontologist, Sacramento, California, 2003-2005 n Brian F. Smith & Associates, Project Paleontologist, Poway, CA, 2003-2005 n Natural History Museum of Los Angeles County, California, Assistant Curator of Vertebrate Paleontology, 1985-2003

PROFESSIONAL SOCIETIES AND AFFILIATIONS
n Society of Vertebrate Paleontology

SPECIAL CERTIFICATIONS
n Hazardous Waste Operations and Emergency Response 40 Hr. n General Site Worker
n Certified paleontologist in Orange County
n Certified paleontologist in Riverside County
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PUBLICATIONS
n Stewart, J. D., and M. E. Hakel. 2017. First record of vertebrate fossils in the Searles Basin: in another desert paleosol. California State University Desert Symposium Proceedings 2017:341. n Stewart, J. D., and M. E. Hakel. 2016. Pleistocene paleosol developed on ancestral Mojave River sediments near Hinkley, California. Paleobios 33 Supplement: 15.
n Stewart, J. D., and M. E. Hakel. 2015. Remanié Desmostylus fossils in the Tulare Formation. PaleoBios 32:
15-16.
n Stewart, J. D., and Marjorie E. Hakel. 2013. New observations on Pachyrhizodus species of North America.

Abstracts, 6th International Meeting on Mesozoic Fishes, Diversification and Diversity Patterns, Vienna, Austria, August 4–10, 2013, p. 62.
n Smith, G. R., J. D. Stewart, and N. E. Carpenter. 2013. Fossil and Recent mountain suckers, Pantosteus, and significance of introgression in catostomine fishes of western United States. Occasional Papers of the Museum of Zoology, University of Michigan 743:1-39.
n Smith, G. R., R. E. Reynolds, and J. D. Stewart. 2013. Hydrographic significance of fishes from the Early Pliocene White Narrows Beds, Clark County, Nevada. California State University Desert Symposium Proceedings 2013:171-180.
n Friedman, M., K. Shimada, M. J. Everhart, K. J. Irwin, B. S. Grandstaff, and J. D. Stewart. 2013. Geographic and stratigraphic distribution of the late Cretaceous suspension feeding bony fish Bonnerichthys gladius (Teleostei, Pachycormiformes). Journal of Vertebrate Paleontology 33:35-47. n Stewart, J. D., M. Williams, M. Hakel, and S. Musick. 2012. Was it washed in? New evidence for the genesis of Pleistocene fossil vertebrate remains in the Mojave Desert of southern California. California State University Desert Symposium Proceedings 2012:140-143.
n Bell, M. A., J. D. Stewart, and J. Park. 2009. The world's oldest fossil threespine stickleback. Copeia 2009:256-265.
n Tseng, J.Z., X. Wang, and J.D. Stewart. 2009. A new otter-like immigrant mustelid (Carnivora, Mammamlia) from the middle Miocene Temblor Formation of Central California. PaleoBios 29:13-23. n Kelly, T. S., and J. D. Stewart. 2008. New records of Middle and Late Miocene Perissodactyla and Artiodactyla from the western border of the San Joaquin Valley, Diablo Range, Fresno County, California. Los Angeles County Museum of Natural History Contributions in Science 516:1-29. n Tseng, Z., X. Wang, and J. D. Stewart. 2007. Tough New World. Discovery of an unusual immigrant mustelid with crushing dentition from the middle Miocene of coastal California. Journal of Vertebrate Paleontology 27:160A.
n Stewart, J. D. and M. Hakel. 2006. Ichthyofauna of the Mowry Shale (Early Cenomanian) of Wyoming. New Mexico Museum of Natural History & Science Bulletin 35:161- 163. n Stewart, J. D., E. Zaborsky, and M. Hakel. 2006. A new Middle Miocene terrestrial fauna from the Temblor Formation of Central California. New Mexico Museum of Natural History & Science Bulletin 34:40. n Stewart, J. D. 2003. Quantifiable change in the Isurus hastalis populations in Middle and Late Miocene rocks of California. Journal of Vertebrate Paleontology 23:101A. n Stewart, J. D., and F. Perry. 2002. The first paleomagnetic framework for the Isurus hastalis–Carcharodon transition in the Pacific Basin: the Purisima Formation, Central California. Journal of Vertebrate Paleontology 22:111A.
n Hakel, M., and J. D. Stewart. 2002. First fossil Molidae (Actinopterygii: Tetraodontiformes) in western North America. Journal of Vertebrate Paleontology 22:62A.
n Geist, N. R., S. Carpenter, and J. D. Stewart. 2002. Chemical and morphological analysis of soft tissue preservation in a mosasaur. Journal of Vertebrate Paleontology 22:75A. n Stewart, J. D., and V. Friedman. 2001, Oldest American records of Saurodontidae (Teleostei:

Ichthyodectiformes). Journal of Vertebrate Paleontology 21:104A. 238
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n Stewart, J. D. 2000. Late Miocene ontogenetic series of true Carcharodon teeth. Journal of Vertebrate Paleontology 20:71A.
n Martin, L. D., and J. D. Stewart. 1999. Implantation and replacement of bird teeth. Smithsonian Contributions to Paleobiology 89:295-300.
n Stewart, J. D., and R. Raschke. 1999. Correlation of stratigraphic position with Isurus-Carcharodon tooth serration size in the Capistrano Formation and its implication for the ancestry of Carcharodon carcharias.

Journal of Vertebrate Paleontology 19:78A.
n Stewart, J. D. 1999. A new genus of Saurodontidae (Teleostei: Ichthyodectiformes) from the Upper Cretaceous rocks of the Western Interior of North America. P. 335-360 in: G. Arratia (ed.) Mesozoic Fishes – Systematics and the Fossil Record. Verlag Dr. Friedrich Pfeil, Munich. 576 p. n Fielitz, C., J. D. Stewart, and J. Wiffern. 1999. Aethocephalichthys hyrainarhinos n. gen. and n. sp., a new and enigmatic Late Cretaceous actinopterygian from North America and New Zealand. P. 95-106 in: G. Arratia (ed.) Mesozoic Fishes – Systematics and the Fossil Record.
n Barnes, L. G., M. Berkhoff, D. P. Domning, S. K. Jarvis, S. A. McLeod, E. D. Mitchell, R. E. Raschke, J. D. Stewart, C. C. Swift, and H. W. Thomas. 1999. The Middle Miocene Sharktooth Hill local fauna and paleoecology of the Sharktooth Hill Bonebed, Kern County, California. Paleobios 19:2A. n Stewart, J. D., and F. Govean. 1998. The first Cenozoic record of Symphurus (Pleuronectiformes:

Cynoglossidae) and the first North American Cenozoic cynoglossid fosils. Journal of Vertebrate Paleontology 18:79A-80A.
n Stewart, J. D., and S. B. Hunter. 1997. Deprandus lestes Jordan is a synonym of Thyrsocles velox (Jordan) (Teleostei: Perciformes) and is not an eel. Journal of Vertebrate Paleontology 17:79A. n Cumbaa, S. L., T. T. Tokaryk, C. Collom, J. D. Stewart, T. S. Ercit, and R. G. Day. 1997. A Cenomanian age bond bed of marine origin, Saskatchewan, Canada. Journal of Vertebrate Paleontology 17:40A. n Schwimmer, D. R., J. D. Stewart, and G. D. Williams. 1997. Xiphactinus vetus and the distribution of Xiphactinus species in the eastern United States. Journal of Vertebrate Paleontology 17:610-615. n Stewart, J. D. 1997. Nuevos peces del Miocene Tario de la Formación Almejas de Isla Cedros, Baja California, México. [New late Miocene fishes from the Almejas Formation of Cedros Island, Baja California, Mexico.] Abstract, Memorias de la IV Réunion Intermational sobre Geologia de la Peninsula de Baja California, Ensenada, Baja California, México, 6-9 April, 1997.
n Schwimmer, D. R., J. D. Stewart, and G. D. Williams. 1997. Scavenging by sharks of the genus Squalicorax in the late Cretaceous of North America. Palaios 12:71-83. n Stewart, J. D. 1996. Cretaceous acanthomorphs of North America. P. 383-394 in: Arratia, G., and G. Viohl (eds,), Mesozoic Fishes – Systematics and Palaeoecology, Verlag Dr. Friedrich Pfeil, Munich. 576 p. 382-294 n Stewart, J. D. 1996. The validity of Saurodon pygmaeus Loomis 1900 (Teleostei: Ichthyodectiformes) and its relationship to other Ichthyodectiformes. Journal of Vertebrate Paleontology 16(3):67A. n Feige, S. F., and J. D. Stewart. 1996. Preliminary findings concerning increase in size through time of the clupeiform teleost, Xyne grex. San Bernardino County Museum Association Quarterly 43:149. n Stewart, J. D., and J. E. Martin. 1996. Osteichthyes of the Turonian deposits in the Ortonville-Milbank Granite Quarries, Grant County, South Dakota. Geological Society of America Abstracts With Programs 28(4):39. n Schwimmer, D. R., J. D. Stewart, and G. D. Williams. 1995. Evidences of scavenging by selachian genus Squalicorax in the Late Cretaceous of North America. Geological Society of America Abstracts with Programs 2:A368.
n Stewart, J. D. 1995. Confirmation of pomatomid affinities of Pseudoseriola David (Teleostei: Percifrormes).

Journal of Vertebrate Paleontology 15:54A-55A.
n Everhart, M. J., P. A. Everhart, and J. D. Stewart. 1995. Notes on the biostratigraphy of a small coelacanth from the Smoky Hill Member of the Niobrara Chalk (Upper Cretaceous) of western Kansas. Abstracts, Kansas Academy of Science 14:18.
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n Alexander, C. K., S. Feige, D. Foley, E. Topping, D. K. Valdez, and J. D. Stewart. 1995. Temporal trends in fossil guitarfish Rhinobatos teeth from Upper Cretaceous rocks of the U. S. Western Interior. Journal of Student Research 1:99.
n Stewart, J. D, S. A. Bilbey, D. J. Chure, and S. K. Madsen. 1994. Vertebrate fauna of the Mowry Shale (Cenomanian) in northeastern Utah. Journal of Vertebrate Paleontology 14:47A. n Schwimmer, D. R., J. D. Stewart, and D. Williams. 1994. Giant fossil coelacanths from the Late Cretaceous in the Eastern United States. Geology 22:503-506. Stewart, J. D., and G. L. Bell, Jr. 1994. North America's oldest mosasaurs are teleosts. Los Angeles County Museum of Natural History Contributions in Science 441:1-9. n Hunter, S. B., and J. D. Stewart. 1994. Resurrection of Sarda stocki David, 1943. Paleobios 16:9. n Stewart, J. D., and J. E. Martin. 1993. Late Cretaceous selachians and associated marine vertebrates from the Dakota Rose Granite Quarry, Grant County, South Dakota. Proceedings of the South Dakota Academy of Sciences 72:241-248.
n Stewart, J. D., and J. E. Martin. 1993. A snowshoe hare, Lepus americanus, from the Lange Ferguson Clovis Kill Site, Shannon County, South Dakota. Current Research in the Pleistocene 10:110-112. n Stewart, J. D. 1993. A skeleton of Platecarpus sp. (Lacertilia: Mosasauridae) with stomach contents and extensive integument. Journal of Vertebrate Paleontology 13:58A-59A. n Stewart, J. D. 1993. The case of the sword-swallowing shark. Terra 31:42-43. n Stewart, J. D., and M. Roeder. 1993. Razorback sucker (Xyrauchen) fossils from the Anza Borrego Desert and the Ancestral Colorado River. Special Publication of the San Bernardino County Museum Association 93:94-96. n Stewart, J. D., and F. J. Aranda-Manteca. 1993. Nuevos teleosteos del Miembro Los Indios de la Formacion Rosarito Beach, Baja California (new teleosts from the Los Indios member of the Rosarito Beach Formation, Baja California). lI Reunion Internacional de Geologia de la Peninsula de Baja California, p. 79. n Barradas, H., and J. D. Stewart. 1993. Posible contenido estomacal de un pinipedo del Mioceno Medio de la Mision, Baja California, México (Possible Middle Miocene pinniped gut contents from La Mision, Baja California, Mexico). II Reunion Internacional de Geologia de la Peninsula de Baja California, p. 24-25. n Stewart, J. D. 1992. First Mississippi records of Holocentrites ovalis (Beryciformes: Holocentridae), and confirmation of its myripristin affinities. Journal of Vertebrate Paleontology 12:53A. n Schwimmer, D. R., J. D. Stewart, and D. Williams. 1992. Late Cretaceous Xiphactinus fossils in eastern United States are not necessarily X. audax. Journal of Vertebrate Paleontology 12:51A. n Stewart, J. D., and J. M. Harris. 1992. Acquisitions. Terra 30:44-45. n Schwimmer, D. R., J. D. Stewart, and D. Williams. 1991. Upper Cretaceous coelacanths in eastern Alabama:
suggestion of a Gondwanan-Eastern Gulf lineage. Abstract, Geological Society of America Abstracts with Programs 23:A169.
n Stewart, J. D., P. A. Everhart, and M. J. Everhart. 1991. Small coelacanths from Upper Cretaceous rocks of Kansas. Abstract, Journal of Vertebrate Paleontology 11:56A. n Stewart, J. D. 1991. Fossil teeth tell part of the story. Terra 30:34-35. n Espinosa-Arrubarena, L. G. Barnes, S. P. Applegate, S. A. McLeod, F. J. Aranda-Manteca, and J. D. Stewart. 1991. Depredadores y mamiferos marinos: la evidencia del registro fosil. Programa y Resumenes, Abstracts, XVI Reunion Internacional para el Estudio de los Mamiferos Marinos, Nuevo Vallarta, Nayarit, México, p. 5 n Stewart, J. D. 1990. Niobrara Formation symbiotic fish in inoceramid bivalves, p. 31-41 in: S. C. Bennett (ed.), Niobrara Chalk Excursion Guidebook. Kansas Geological Survey, Lawrence. n Stewart, J. D. 1990. Niobrara Formation vertebrate stratigraphy. P. 19-30 in: S. C. Bennett (ed.), Niobrara Chalk Excursion Guidebook. Kansas Geological Survey, Lawrence. n Stewart, J. D., C. Bennett, and R. J. Zakrzewski. 1990. Road log from Lawrence to the type area of the Niobrara Chalk, October 9-10, 1990. p. 3-12 in: S. C. Bennt (ed), Niobrara Chalk Excursion Guidebook. Kansas Geological Survey, Lawrence.
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n Stewart, J. D. 1990. Niobrara Formation vertebrate biostratigraphy. Journal of Vertebrate Paleontology 10:44A.
n Stewart, J. D. 1990. Niobrara Formation symbiotic fish in inoceramid bivalves. Journal of Vertebrate Paleontology 10:44-44A.
n Stearley, R. F., and J. D. Stewart. 1990. Phylogenetic significance of Onchorhynchus rastrosus. Journal of Vertebrate Paleontology 10:43A.
n Schwimmer, D., J. D. Stewart, and G. D. Williams. 1990. A giant Upper Cretaceous coelacanth form eastern Alabama. Journal of Vertebrate Paleontology 10:41A.
n Stewart, J. D., and K. Carpenter. 1990. Examples of vertebrate predation on cephalopods in the Late Cretaceous of the Western Interior. p. 203-207 in: A. J. Boucot (ed.), Evolutionary paleobiology of behavior and evolution. Elsevier.
n Stewart, J. D. 1990. Examples of Late Cretaceous commensalism from Kansas. p. 51-57 in: A. J. Boucot (ed.), Evolutionary paleobiology of behavior and evolution. Elsevier. n Stewart, J. D. 1989. Paleontology and paleoecology of the 1987 excavation of the North Cove Site, 25HN164. p. 63-106 in: M. J. Adair (ed.), Archaeological investigations at the North Cove Site, Harlan County Lake, Harlan County Nebraska. Report submitted to U. S. Army Corps of Engineers, Kansas City District, CACW41-86-0167, Modification P00003.
n Stewart, J. D., and G. Bell, Jr. 1989. The earliest North American mosasaur records are not mosasaurs. Journal of Vertebrate Paleontology 9:39A.Coney, C. C., and J. D. Stewart. 1989. Comparative shell morphometrics in some related species of fossil and Recent Gastrocopta (Pulmonata: Pupillidae). The Western Society of Malacologists Annual Report 22:10.
n Anonymous. 1989. The fossil fish that almost got away. Terra 27(5-6):48. n Whistler. D. W., and J. D. Stewart. 1989. A Late Pleistocene (Rancholabrean) assemblage from the northwestern Mojave Desert. San Bernardino County Museum Quarterly 36:67-68. n Stewart, J. D. 1988. Paleoecology and the first North American West Coast record of the shark genus Ptychodus. Journal of Vertebrate Paleontology 8:27.
n Stewart, J. D. 1988. Stratigraphic distribution of Cretaceous Protosphyraena in Kansas and Alabama. Fort Hays Studies, third series, Science series, no 10:80-94.
n Stewart, J. D. 1987. Paleontology and paleoecology of the North Cove Site, 25HN164. p. 298-335 in: M. J. Adair and K. L. Brown (eds.), Prehistoric and Historic Cultural Resources of Selected Sites at Harlan County Lake, Harlan County, Nebraska. Report submitted to U. S. Army Corps of Engineers, Kansas City District. n Stewart, J. D. 1987. Late Cretaceous fish-pelecypod symbiosis. Ningxia Geology 1:14-17. n Stewart, J. D. 1987. Late Wisconsinan biota and artifacts from the Kansas-Nebraska border. Journal of Vertebrate Paleontology 7:27A.
n Wells, P. V., and J. D. Stewart. 1987. Cordilleran-boreal taiga and fauna on the Central Great Plains of North America, 14,000-18,000 years ago. American Midland Naturalist 118:94-106. n Stewart, J. D. 1987. Latitudinal effects in Wisconsinan mammalian faunas of the Plains. p. 153-158 in: W. C.

Johnson (ed.), Quaternary environments of Kansas. Kansas Geological Guidebook Series 5. n Wells, P. V., and J. D. Stewart. 1987. Spruce charcoal, conifer macrofossils, and landsnail and small-vertebrate faunas in Wisconsinan sediments on the High Plains of Kansas. p. 129-140 in: W. C. Johnson (ed.), Quaternary environments of Kansas. Kansas Geological Guidebook Series 5. n Martin, L. D., W. V. Koenigswald, and J. D. Stewart. 1986. Pleistocene Phenacomys from Kansas and the fossil history of the genus. Transactions of the Nebraska Academy of Science 14:35-39. n Johnson, W. C., G. G. Fredlund, P. V. Wells, J. D. Stewart, and W. Dort Jr. 1986. Late Wiconsinan biogeography of south central Nebraska: the North Cove site. American Quaternary Association – Program and Abstract of the ninth biennial meeting, p. 89.
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n Cross, F. B., R. L. Mayden, and J. D. Stewart. 1986. Fishes in the western Mississippi drainage. P. 363-412 in:

C.H. Hocutt and E. O. Wiley, (eds.), Zoogeography of North American Freshwater Fishes. Wiley and Sons, New York.
n Dort, W. Jr., W. C. Johnson, G. G. Fredlund, R. A. Rogers, L. D. Martin, J. D. Stewart, and P. V. Wells. 1985.

Evidence for an open conifer woodland in the Central Great Plains during the Late Wisconsin glacial maximum.

Abstract, Canadian Quaternary Association Abstracts, p. 23. Lethbridge. n Johnson, W. C., L. D. Martin, W. Dort, Jr., C. J. Sorensen, R. A. Rogers, and J. D. Stewart. Evidence for a pine parkland in Central and Western Kansas and adjacent Nebraska during Mid- and Late-Wisconsinan time.

TER-QUA Symposium Series 1:197.
n Martin, L. D., and J. D. Stewart. 1985. Homologies in the avian tarsus. Nature 315:159. n Stewart, J. D. 1984. The montane vole in the Late Pleistocene of the Plains. Annual Plains Conference, Programs and Abstracts p.41-42.
n Stewart, J. D. 1984. Taxonomy, paleoecology, and stratigraphy of the halecostsome-inoceramid associations of the North American Upper Cretaceous epicontinental seaways. Ph.D. dissertation, University of Kansas, Lawrence, 201 p.
n Stewart, J. D., and L. D. Martin. 1984. Bird teeth and avian origins. One hundred second stated meeting of the American Ornithologists' Union: Abstracts no. 95.
n Martin, L. D., and J. D. Stewart. 1984. The avian pretibial bone and the relationship between ratites and carinates. One hundred second stated meeting of the American Ornithologists' Union: Abstracts no. 13. n Stewart, J. D. 1984. Snowshoe hare, Lepus americanus, from the Peoria Loess of Kansas. Abstracts, Kansas Academy of Science 3:39.
n Stewart, J. D., and R. A. Rogers. 1984. Analysis of pollen from the Trapshoot local fauna quarry (Rancholabrean) of Kansas. American Midland Naturalis 112:198-200.
n Schultze, H.-P., J. D. Stewart, A. M. Neuner, and P. M. Coldiron. 1982. Type and figured specimens of fossil vertebrates in the collection of the University of Kansas Museum of Natural History. Part I. Fossil Fishes.

Miscellaneous Publications of the University of Kansas Museum of Natural History No. 73, 53 p. n Martin, L. D., and J. D. Stewart. 1982. An ichthyornithiform bird from the Campanian of Canada. Canadian Journal of Earth Sciences 19:324-327.
n Stewart, J. D. 1982. Actinopterygian – pelecypod commensalism in Kansas Cretaceous deposits. Abstracts, Kansas Academy of Science 1:52-53.
n Wiley, E. O., and J. D. Stewart. 1981. Urenchelys abditus, the first undoubted eel from the Cretaceous of North America (Teleostei: Anguilliformes). Journal of Vertebrate Paleontology 1:43-47. n Stewart, J. D. 1980. Reevaluation of the phylogenetic position of the Ptychodontidae. Transactions of the Kansas Academy of Science 83:154.
n Martin, L. D., J. D. Stewart, and K. N. Whetstone. 1980. The origin of birds: structure of the tarsus and teeth.

The Auk 97:86-93.
n Stewart. J. D. 1979. Paleontology and paleoecology of the Trapshoot local fauna, Rooks County, Kansas. M.A. thesis, University of Kansas, Lawrence. 146 p.
n Stewart, J. D. 1979. A new Late Blancan local fauna from Rooks County, Kansas. Transactions of the Kansas Academy of Science 82:100.
n Stewart, J. D. 1979. Biostratigraphic distribution of species of Protosphyraena (Osteichthyes: Actinopterygii) in the Niobrara and Pierre formations of Kansas. Proceedings of the Nebraska Academy of Sciences and Affiliated Societies 1979:51-52.
n Stewart, J. D. 1978. Mammals of the Trapshoot local fauna, Late Pleistocene of Rooks County, Kansas.

Proceedings of the Nebraska Academy of Sciences and Affiliated Societies 1978:45-46. n Stewart, J. D. 1978. Earliest record of the Toxochelyidae. Transactions of the Kansas Academy of Sciences 81:9-16.
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n Stewart, J. D. 1978. Enterospirae (fossil intestines) from the Upper Cretaceous Niobrara Fromation of western Kansas. Kansas University, Paleontological Contributions paper 89:9-16. n Wiley, E. O., and J. D. Stewart. 1977. A gar (Lepisosteus sp.) from the marine Cretaceous Niobrara Formation of western Kansas. Copeia 1977:761-762.
n Martin, L. D., and J. D. Stewart. 1977. Oldest (Turonian) mosasaurs from Kansas Journal of Paleontology 51:973-975.
n Martin, L. D., and J. D. Stewart. 1977. Teeth in Ichthyornis (Class: Aves). Science 195:1331-1332. n Stewart, J. D. 1976. Teuthids of the North American Late Cretaceous. Transactions of the Kansas Academy of Science 79:94.
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Appendix G
Policy Consistency Memorandum
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A

PROJECT MEMORANDUM
Date: January 15, 2024
To: Robert Montaghami, Fire Marshal, Laguna Beach Fire Department From: Avery Robinson, Environmental Scientist
Subject: Lower Hobo and Diamond Crestview Fuel Modification Project The City of Laguna Beach Fire Department (LBFD) proposes to apply fuel management practices within the City of Laguna Beach, California. The project would include two fuel management zones (FMZs) within the City of Laguna Beach. FMZ 16 (Lower Hobo) measures approximately 13.7 acres and predominantly borders residential single-family and mobile home communities along Nyes Place, Ashton Drive, Alexander Road, Terry Road, Laguna Terrace North, M Street, and K Street as well as the Laguna Beach Community and Recreation Center and Laguna Beach Fire Department administrative offices. FMZ 19 (Diamond Crestview) consists of approximately 25.4 acres bounded by Diamond Street to the west, Summit Drive to the north, and La Mirada Street and Alta Vista Way to the east and is surrounded by residential single-family homes. Both FMZs would be within the jurisdiction of the City of Laguna Beach and planning boundary for the City of Laguna Beach General Plan, except for the southwestern section of FMZ 19 which is within the City of Laguna Beach’s specific planning area for the Diamond/Crestview subdivisions and the southeastern section of FMZ 19 which is within the City’s specific planning area for the Arch Beach Heights subdivision.

This technical memorandum demonstrates the proposed project’s consistency with the California Coastal Act, City of Laguna Beach Local Coastal Program (City of Laguna Beach, 2023), Diamond/Crestview Specific Plan (City of Laguna Beach, 2010), and Arch Beach Heights Specific Plan (City of Laguna Beach, 2023b) that provide policies for managing and monitoring the lands associated with the proposed project.

California Coastal Act
The California Coastal Act establishes a comprehensive approach to govern land use planning along the entire California coast. The coastal zone is defined in Section 30103 of the Coastal Act as the following:
(a) "Coastal zone" means that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico . . . extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards (California Coastal Commission, 2023).

The Coastal Act sets forth general policies (Public Resources Code Section 30200 et seq.) that are used by the California Coastal Commission (Coastal Commission) to review permit applications and local plans. Development activities within the coastal zone generally require a coastal permit. In the case of recreational facilities, Section 30600 of the Coastal Act states:
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(a) Except as provided in subdivision (e), and in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, any person, as defined in Section 21066, wishing to perform or undertake any development in the coastal zone, other than a facility subject to Section 25500, shall obtain a coastal development permit (CDP) (California Coastal Commission, 2021).

In addition to the regulatory oversight of the Coastal Commission, Coastal Act policies are implemented through the preparation of Local Coastal Programs (LCPs) by the cities and counties located in whole or in part within the coastal zone. LCPs include a land use plan and a local implementation program that specify the relevant planning policies and zoning ordinances specific to the coastal zone within that jurisdiction. Once an LCP is certified, coastal development permit authority is delegated to the appropriate local government, except for certain specific lands for which the Coastal Commission retains original permit jurisdiction (City of Laguna Beach, 2020).

The proposed fuel modification activities would primarily occur within the planning boundary of the City of Laguna Beach LCP. Figures 2 and 3 in the Initial Study illustrate the location of specific fuel modification activities within FMZ 16 and FMZ 19.

The entire City of Laguna Beach is encompassed within the coastal zone, except for the Sycamore Hills area (City of Laguna Beach, 2012). The City’s LCP constitutes the following planning and policy documents, and any amendments to these documents require Coastal Commission approval as LCP Amendments (City of Laguna Beach, 2012; City of Laguna Beach, 2023):
 Coastal Land Use Plan Technical Appendix
 Laguna Beach General Plan Land Use Map
(excluding Blue Lagoon and Three Arch Bay)
 Laguna Beach Zoning Map
 General Plan Land Use and Zoning Map
Amendments
 Laguna Beach General Plan Land Use and
Open Space-Conservation Elements
 Post-LCP Certification Permit and Appeal
Jurisdiction
 Downtown Specific Plan
 Laguna Canyon Annexation Specific Plan
 Treasure Island Specific Plan
 Title 12.08 (Preservation of Heritage Trees
Ordinance)
 Title 14.78 (Geology Reports - Preparation
and Requirements Ordinance)
 Title 16 (Water Quality Control)
 Title 21 (Plats and Subdivision)
 Title 22 (Excavation and Grading)
 Title 25 (Laguna Beach Zoning Code, including
the Coastal Development Permit Ordinance)
 Shoreline Protection Guidelines (as adopted
by Resolution 88.43)
 Design Guidelines- A Guide to Residential
Development
 Design Guidelines for Hillside Development
(as adopted by Resolution 89.104)
 South Laguna Community Design and
Landscape Guidelines (as adopted by
Resolution 89.104)
 Fuel Modification Guidelines of the Laguna
Beach Safety General Plan Element (as
adopted by Resolution 89.104)
 Summer Festival Parking Agreements.

The City of Laguna Beach LCP was certified in 1993, and an amendment to the LCP was certified in 2004.

The certified LCP provides permitting authority to the City of Laguna Beach within its respective coastal zone.
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California Coastal Act Consistency Determination
The proposed fuel modification activities would be consistent with the California Coastal Act based on the following review of this project with respect to the Coastal Act and the City of Laguna Beach LCP.

This discussion identifies the applicable requirements from the Coastal Act along with the relevant policies from the City’s LCP, Diamond/Crestview Specific Plan, and Arch Beach Heights Specific Plan and provides a justification for project consistency with each.

Article 3: Recreation Policies
Coastal Act Section 30223
“Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.”
Laguna Beach General Plan: Land Use Element
 Policy 7.1: Protect dedicated and accepted open space.

Justification for Fuel Break Activities. The fuel modification activities in FMZ 16 and FMZ 19 would increase protection, reduce fire intensity and flame length, and reduce potential for wildfire to spread to residential, institutional, public, and valuable recreational areas. These activities are consistent with the Coastal Act Section 30223 regarding protection and support of coastal recreational uses. They are also consistent with the Laguna Beach General Plan (Policy 7.1) regarding protection of open space.

Article 5: Land Resource Policies
Coastal Act Section 30240
“a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.” Laguna Beach General Plan: Land Use Element
 Policy 2.6: Require the preservation of significant trees in conjunction with development proposals.

The Design Review Board may grant exceptions to this provision when its strict enforcement would deny a property owner reasonable use of his/her property.  Policy 7.6: Implement individualized fuel modification programs for existing legal building sites whenever environmentally sensitive resources are present.

Laguna Beach General Plan: Open Space/Conservation Element  Policy 8C: Identify and maintain wildlife habitat areas in their natural state as necessary for the preservation of species.
 Policy 8G: Detailed biological assessments shall be required for all new development proposals, including all subdivisions and fuel modification proposals, located within or adjacent to areas 247
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designated high or very high value on the Biological Values Map. Such biological assessments shall utilize the biological value criteria specified in the Biological Resources Inventories (1983, 1992 and 1993).
 Policy 8N: Prohibit intrusion of fuel modification programs into environmentally sensitive areas, including chaparral and coastal sage scrub.

Diamond/Crestview Specific Plan
Vegetation and Wildlife Resources Policies
 1. Protect, preserve and restore streams, watercourses and riparian habitats in their natural state.  2. Protect mule deer watershed, cross-ridge dispersion corridors, and major bedding, fawning and foraging areas to the greatest extent feasible.
 3. Promote the preservation of corridor connections north and south to link preserved lands onsite with the large off-site open spaces of Upper Bluebird/Rancho Laguna and Arch-Porta-Fina Canyons for maintenance of animal migration opportunities.
 6. Protect endangered and candidate species of plants and animals.  7. Protect significant mature vegetation.
 8. Protect high and very high value habitats.

Justification: Appendix A to the Initial Study includes a comprehensive list of the treatment protocols for fuel modification zones within the coastal zone. The fuel modification actions would follow strict vegetation removal protocols based on the sensitivity of species found in the FMZs, utilizing careful hand crew treatment to avoid and preserve sensitive species in a Moderate or High Value Habitat area.

This procedure would ensure consistency with Coastal Act Section 30240, the Laguna Beach General Plan (Policies 7.6, 8C, 8G, and 8N), and Diamond/Crestview Specific Plan (Vegetation and Wildlife Policies 1, 2, 3, 6, 7, and 8).

Some areas within FMZ 16 and FMZ 19 are moderately disturbed by non-native and invasive annual species, rendering removal necessary for both fire protection and invasive management. In these areas, hand crews would remove the majority of non-native plants (non-native roots may remain in erosionprone areas to minimize erosion), and in some instances, herbicide may be applied as spot treatments for non-native and/or invasive plants when necessary. Surveys by professional biologists have been completed to determine prescribed treatments for areas within each FMZ based on the species surveyed. Healthy native trees within the FMZs would not be removed, but simply pruned to clear dead branches and any other flammable material. Targeted removal of non-native and/or invasive species would be conducted within and surrounding the zones, consistent with Laguna Beach General Plan Policy 2.6 and Diamond Crestview Specific Plan Vegetation and Wildfire Resources Policies 6 and 8.

These individualized treatments ensure that the project would be consistent with the aforementioned policies. Furthermore, continuing existing fire control methods, encouraging cooperation among residents, and annually monitoring FMZs would be consistent with Laguna Beach General Plan Policy 2.6 and Diamond Crestview Specific Plan Vegetation and Wildfire Resources Policies.

Coastal Act Section 30244
“Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required.” 248
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Laguna Beach General Plan: Open Space/Conservation Element  Policy 12D: Preserve cultural/scientific sites, including geologically unique formations having archaeological significance.

Diamond/Crestview Specific Plan
Historic Preservation Policies
 1. Encourage the preservation of historic structures through the City's Historic Preservation Ordinance  2. Inventory the neighborhood for significant historic structures.

Justification: The project would utilize the treatment protocols listed in Appendix A to the Initial Study, which require that FMZ 16 and FMZ 19 be evaluated for archaeological and paleontological resources in accordance with CEQA requirements. Per these treatment protocols, areas determined to have a presence of identified archaeological and/or paleontological resources may require modification or elimination of fuels treatment. Site-specific evaluations have been documented in Appendix D and Appendix F to the Initial Study, and no cultural and paleontological resources were found in FMZ 16 or FMZ 19 where surveys were feasible. Additionally, a Worker Environmental Awareness Training would be completed for cultural resources prior to project implementation, and a qualified archaeological monitor would be present when vegetation removal occurs on slopes less than 30 degrees to avoid impacts to unidentified potential cultural resources. A professional archaeologist would also be available on-call to identify and evaluate any previously unidentified cultural resources discovered during construction activities, and avoidance measures would be implemented. If human remains, or potential human remains are discovered, construction activities within 100 feet of the find would be immediately halted and the appropriate responsible public agency and the County Coroner would be immediately notified. These measures would ensure project consistency with Coastal Act Section 30244, the Laguna Beach General Plan (Policy 12D), and the Diamond Crestview Specific Plan Historic Preservation policies.

Article 6: Development Policies
Coastal Act Section 30251
“The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.” Laguna Beach General Plan: Land Use Element
 Policy 3.9: Maintain the landscape guidelines set forth in the City’s Landscape and Scenic Highways Resource Document.

Laguna Beach General Plan: Open Space/Conservation Element  Policy 7G: The Design Review process for an individual project shall include criteria for treatment of the urban edge between existing development and open space in areas designated 249
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“Residential/Hillside Protection” on the Land Use Plan Map. The criteria shall be developed to reflect topographic constraints and shall include at a minimum:
a. Treatments to screen development, including the use of vegetation, variable setbacks and modified ridgelines or berms;
b. Fuel modification techniques for new development which provide the following: result in graduated fuel modification zones in which the minimum amount of native vegetation is selectively thinned; prohibit grading or discing for fuel modification; confine fuel modification to the development side of the urban open space edge to the maximum extent; avoid fuel modification encroachment into environmentally sensitive areas; locate structures with respect to topographic conditions to incorporate setbacks, minimize fuel modification requirements and maximize hazards; and provide requirements for ongoing maintenance.
c. Treatments for fuel modification and maintenance techniques for existing development consistent with standards in (b) above to the maximum extent feasible.

Justification: The fuel modification project is consistent with Coastal Act Section 30251 and the Laguna Beach General Plan (Policies 3.9 and 7G). FMZ 16 and FMZ 19 are located directly along the wildlandurban interface along residential and institutional development. Urban structures adjacent to undeveloped land are considered at high risk during fire season due to their proximity to heavily vegetated hillsides and steep slopes. The fuel breaks would provide defensible space for structures in the City of Laguna Beach from heavy-load chaparral fuels, reduce potential wildfire intensity and flame length, and reduce the risk of wildfire from spreading to high value habitat. Fuel modification activities would only occur within their respective zones and be limited to 100-foot widths. Once fuel breaks are established, annual maintenance of approved methods (mowing and hand crew removal in appropriate locations) would occur. Furthermore, consistent with Policy 7G, the proposed project would target full removal of non-native species, with selective thinning of native vegetation and avoidance of sensitive and rare species such as Coulter’s Matilija poppy and big-leaved crownbeard.

Coastal Act Section 30253
“New development shall do all of the following:
(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (c) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development.
(d) Minimize energy consumption and vehicle miles traveled. (e) Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.” Laguna Beach General Plan: Land Use Element
 Policy 9.3: Ensure that the City is adequately prepared for potential hazards and natural disasters. 250
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 Policy 10.6: Require all fuel modification to be located within the site being developed. Exceptions may be granted for existing legal building sites when findings can be made by the approval authority that other alternatives are not available, and a strict application of this provision would endanger environmentally sensitive resources or deny a property owner reasonable use of an already existing legal building site. Fuel modification performed by private property owners cannot go beyond property lines without agreement by the adjacent property owners. Fuel modification on public land to protect existing development should be avoided whenever feasible; if avoidance isn’t feasible, measures must be employed to minimize the amount of fuel modification necessary on public land.

Laguna Beach General Plan: Open Space/Conservation Element  Policy 10G: Fuel modification plans, where appropriate shall be included within the boundary of the developed land use zone.

Laguna Beach General Plan: Safety Element
 Policy 4B: Review and continually maintain each year the City’s fuel modification program.  Policy 4C: Work with adjacent local jurisdictions and agencies on the ongoing implementation of the City’s fuel modification program.
 Policy 4G: Educate and inform the public on fire safety, especially regarding landscaping installation and maintenance in urban areas, to further protect the community and the environment from unnecessary fire hazards.
 Policy 4H: Require that new development located within wildland interface areas reduce the threat of wildfires through fuel modification, fire resistive construction and defensible space management consistent with the following Fuel Modification Guidelines and in compliance with the Fuel Modification Exhibit (Figure IV-1):
(a) Prohibit combustible structures, including but not limited to wood decks, sheds, gazebos and wood fences, within the 20-foot minimum width of Zone A.
(b) Require irrigation systems to be installed and operated within Zone A to ensure a reasonable moisture content in planted areas.
(c) Discourage the planting of trees and vegetation which produce excessive fuel or litter within Zone A.
 Policy 4N: As a condition of new development, require private responsibility for development and maintenance of fuel modification zones and programs, including a recorded deed restriction acknowledging the fire hazard potential and maintenance responsibility by the developer or his successors and assigns.
 Policy 4O: Encourage property owners to create defensible space surrounding their homes, including providing access for firefighters, maintenance of plantings and outdoor areas and minimizing combustible structures.
 Policy 4P: Encourage property owners to consider “fire-wise” planting, especially in landscapes in areas adjacent to the wildlands interface.
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Diamond/Crestview Specific Plan
Natural Hazards Policies
 1. Development in potential geologic hazard areas shall be permitted, only if a comprehensive geological and soils report is prepared pursuant to Title 22 of the City's Municipal Code, and adequate mitigation measures, which have been approved by the City, are implemented. Building in geologically unstable areas, flood-prone lands, and slopes subject to erosion and slippage should be avoided if at all possible.
 2. Require site-specific geotechnical investigation for all future development. These site investigations should include subsurface investigation, characterization of geological site conditions, analysis of slope stability, and recommendations for appropriate foundation and grading design.  4. Evaluate possible increased erosion along canyon bottoms and resultant destabilization of adjacent properties by undercutting of canyon side slopes on a site-specific basis.  5. Before development occurs, establish the capacity of downstream drainage systems and where necessary, construct off-site improvements so that downstream capacity is not adversely impacted.  6. Promote the use of fire protection techniques such as appropriate building materials, protective devices, interior and exterior sprinkler systems and fuel modification.  7. Assure emergency access at all times.
 8. Restrict pedestrian access to slopes steeper than 1 to 1 in order to safeguard health and safety by reducing slope erosion and falling hazards.
 9. Encourage the use of fire retardant and drought resistant landscaping that requires less water.

Justification: The project would utilize the treatment protocols listed in Appendix A to the Initial Study, which require that FMZ 16 and FMZ 19 be evaluated by a qualified geologist for geological stability and flood/debris movement potential. Per these treatment protocols, areas determined to be geologically unstable may require modification or elimination of fuels treatment. Site-specific evaluation has been documented in Appendix B to the Initial Study, and subsequent modifications to fuels treatment have been incorporated into the project as mitigation to avoid impacts resulting from geological instability or erosion and ensure project consistency with Coastal Act Section 30253.

The proposed project is consistent with the requirements of the Laguna Beach General Plan (Policies 4B and 4C) regarding annual maintenance of the City’s fuel modification program and coordinating with local jurisdictions and agencies. FMZ 16 and FMZ 19 would be annually maintained into perpetuity using approved methods to control invasive vegetation. Furthermore, the proposed fuel modification satisfies the requirements of the Laguna Beach General Plan (Policies 9.3, 10.6, 10G, 4G, 4H, 4N, 4O, and 4P) and Diamond/Crestview Specific Plan Natural Hazards Policies 6 and 9 regarding increasing safety from fire hazards and creating defensible space around development. FMZ 16 and FMZ 19 would be located around development that is vulnerable to wildfire hazards, as the surrounding environment consists of heavily vegetated steep topography. FMZ 16 and FMZ 19 would provide defensible space between manmade structures and wildfires, reducing thermal outputs and flame lengths. Additionally, the proposed fuel modification is consistent with the Diamond/Crestview Specific Plan (Natural Hazards Policies 1, 2, 4, 5, 7, and 8) regarding identifying geologic hazards and establishing precautions and maintaining drainage system capacity and emergency access. 252
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References
California Coastal Commission. 2023. Public Resources Code Division 20, California Coastal Act. [online]:
https://www.coastal.ca.gov/coastact.pdf. Accessed October 12, 2023.

City of Laguna Beach. 1992. Resolution No. 92.014: A Resolution of the City Council of the City of Laguna Beach Approving and Adopting its Local Coastal Program Pursuant to the California Coastal Act of 1976. Adopted February 18. [online]: http://www.lagunabeachcity.net/civicax/filebank/ blobdload.aspx?t=41949.64&BlobID=23490. Accessed December 12, 2023. _____. City of Laguna Beach. 2010. Diamond/Crestview Specific Plan. Accessed November 11, 2023. [Online]:
https://www.lagunabeachcity.net/home/showpublisheddocument/260/637360447937670000. _____. 2012. City of Laguna Beach General Plan, Land Use Element. Adopted by the City Council on February 7, 2012. [online]:
https://www.lagunabeachcity.net/home/showpublisheddocument/8146/638001338428230000 . Accessed October 12, 2023.
_____. 2020. Informational Guide for a Coastal Development Permit. Revised December 30. [online]:
http://www.lagunabeachcity.net/civicax/filebank/blobdload.aspx?blobid=8761. Accessed October 15, 2023.
_____. 2023a. City of Laguna Beach Local Coastal Program. [online]:
https://www.lagunabeachcity.net/government/departments/communitydevelopment/planning-zoning/land-use-plans/local-coastal-program. Accessed October 16. _____. 2023b. Arch Beach Heights Specific Plan. Accessed November 7, 2023. [Online]:
https://ecode360.com/42900648?highlight=&searchId=8385970954419183#42900650. 253
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Response to Comments
State Clearinghouse No. 2024090959
Lower Hobo and Diamond
Crestview Fuel Modification Projects
Prepared for:

City of Laguna Beach
Robert Montaghami, Laguna Fire Department
505 Forest Avenue
Laguna Beach, California 92651
949.497.0352
Prepared by:

Aspen Environmental Group
Contact: Lisa Blewitt, Project Manager
5020 Chesebro Road, Suite 200
Agoura Hills, California 91301
818.338.6759
January 2025
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Contents

1. Introduction ................................................................................................................ 1-1

1.1 Introduction............................................................................................................................. 1-1

1.2 Document Format.................................................................................................................... 1-1

1.3 CEQA Requirements Regarding Comments and Responses.................................................... 1-1

2. Response to Comments ............................................................................................... 2-1 Comment Set A1 – California Coastal Commission............................................................................ 2-2 Comment Set B1 – Matt Lawson........................................................................................................ 2-6 Comment Set B2 – Jerry Myers.......................................................................................................... 2-9 Comment Set B3 – Rebecca and Frank Visconti .............................................................................. 2-11 Comment Set B4 – J. Rex Theobald.................................................................................................. 2-13 Comment Set B5 – Evgeniy Krasko................................................................................................... 2-15 Appendix 1: Mitigation Monitoring and Reporting Program ....................................... App 1-1 255
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1. Introduction

1.1 Introduction
This document includes a compilation of the public comments received on the Lower Hobo and Diamond Crestview Fuel Modification Projects Mitigated Negative Declaration and Initial Study (collectively, “MND”; State Clearinghouse No. 2024090959) and City of Laguna Beach (City) responses to the comments.

Under the California Environmental Quality Act (CEQA), a lead agency has no affirmative duty to prepare formal responses to comments on a MND. The lead agency, however, should have adequate information in the record explaining why comments received do not affect the conclusion of the MND and that there are no potentially significant environmental effects. In the spirit of public disclosure and engagement, the City has responded to all written comments submitted during the 40-day MND public review period, which began September 20, 2024, and ended October 30, 2024.

1.2 Document Format
This document is organized as follows:

Section 1, Introduction. This section describes CEQA requirements and content of this document.

Section 2, Response to Comments. This section provides a list of agencies and individuals that commented on the MND (no comments from organizations were received), copies of comment letters received during the public review period, and individual responses to written comments. To facilitate review of the responses, each comment letter has been reproduced and assigned a number. Individual comments have been numbered for each letter, and the letter is followed by responses with references to the corresponding comment number.

Appendix 1, Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting Program (MMRP) lists all the mitigation measures required for implementation of the project, the phase in which the measures would be implemented, and the enforcement agency responsible for compliance.

The monitoring program provides (1) a mechanism for giving the lead agency staff and decision makers feedback on the effectiveness of their actions; (2) a learning opportunity for improved mitigation measures on future projects; and (3) a means of identifying corrective actions, if necessary, before irreversible environmental damage occurs.

1.3 CEQA Requirements Regarding Comments and Responses
CEQA Guidelines Section 15204(b) outlines parameters for submitting comments on negative declarations and reminds persons and public agencies that the focus of review and comment should be “on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, it should: (1) Identify the specific effect, (2) Explain why they believe the effect would occur, and (3) Explain why they believe the effect would be significant.”
CEQA Guidelines Section 15204(c) further advises, “Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.” 256
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Section 15204(d) also states, “Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency’s statutory responsibility.” Section 15204(e) states, “This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.” Finally, CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to potentially significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the environmental document. 257
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2. Response to Comments
This section provides all written comments received on the circulated MND and the City’s response to each comment.

Number
Reference Commenting Person/Agency
Date of
Comment
Page
Number
A1 California Coastal Commission October 24, 2024 2-2
B1 Matt Lawson October 5, 2024 2-6
B2 Jerry Myers October 8, 2024 2-9
B3 Rebecca and Frank Visconti October 10, 2024 2-11
B4 J. Rex Theobald October 19, 2024 2-13
B5 Evgeniy Krasko October 28, 2024 2-15
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Comment Set A1 – California Coastal Commission
A1-1
A1-2
A1-3
A1-4
A1-5
A1-6
A1-7
LGB FMZS 16 & 19 MND CCC STAFF COMMENTS
10/24/2024
The MND recognizes that a CDP from the CCC is required for the southern portion of FMZ 16 located in the Hobo Canyon ADC. If the applicant (LBFD) and City prefer, a single consolidated CDP can be processed by the CCC for the entirety of FMZ 16.

The MND does not recognize that at least portions of FMZ 19 fall within the CCC appeals jurisdiction as it appears to include area within 100’ of a watercourse (pdf p. 6 of MND states that approximately 2.82 acres of FMZ 19 fall within 25’ of a blue line drainage or stream).

Slight modifications to the Treatment Protocols document since approval the Treatment Protocols document pursuant to CDP 5-21-0641 appear to have occurred. Some ccc staff comments and questions are included in the version of the Treatment Protocol document included in the MND as Appendix A and attached to the 10/24/2024 ccc staff comment email.

MND pdf p. 6:

Fuel management methods would rely exclusively on hand crews due to the presence of special-status species and the steep topography.

Just confirming that for the proposed project in FMZs 16 & 19, no goats will be used, right?
MND pdf p. 7 (hand crew removal):
“b. Hand crew fuel modification conducted in High or Very High Value Habitat shall generally be limited to a width of 100 feet.”
Are there areas where vegetation removal would exceed 100’ in width? Where are these located? What would trigger the need for vegetation removal widths greater than 100’? Is there a maximum width beyond which fuel modification vegetation removal would not occur?
MND pdf p. 9, 3rd paragraph, 1st sentence:

Refers to the conclusion of the grant term. What “grant term” is this referring to? The CDP application should include, but I not limited to, the following:

Recent biological surveys of the FMZ areas.

A written explanation, by a qualified biologist, of plant removal hierarchy.

A written description and explanation, by a qualified biologist, of the basis for the proposed use of herbicide in drainage courses, prepared. 259
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Comment Set A1: California Coastal Commission (continued) A1-8
A1-9
A1-10
A1-11
A1-12
A1-13
A1-14

Page 2 ends

Will a biological monitor be present during all FMZ vegetation removal work? Or, if not, how will it be decided when one is required to be present? The MND indicates that there will be a 25-foot buffer from both edges of any blue-line ephemeral drainages or stream courses. How will the edges of the watercourses be determined? Will the buffer extend 25 feet away from the watercourse edge or will the 25 feet be taken from the centerline of the watercourse? Or is some other method proposed? A written explanation, prepared by a qualified biologist, describing how this buffer distance and location relative to the watercourse will be determined should be included with the CDP application.

If there are discrepancies between the project as described in the body of the MND and the Treatment Protocols included in Appendix A, which will take precedence? How much time is each FMZ vegetation removal activity expected to take? Is the subsequent maintenance expected to take less time? When is the expected timing of each FMZ vegetation removal activity expected to occur (time of year/season, outside nesting season, etc.)? How will the timing be determined? For what time period is the CDP being requested? Is it for a one year period only? Or in perpetuity, with annual or biannual maintenance, as with CDP 5-21-0641? Or something else?
The CDP application should include a Habitat Mitigation Plan to address unavoidable impacts to habitat, prepared by a qualified biological professional. Biological Mitigation Measure 10 requires preparation of an HMP for the FMZs project.

A project staging and storage plan should be provided with the CDP application.

Proof of legal ability to perform the work should be provided with the CDP application. A1-15 260
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Responses to Comment Set A1 – California Coastal Commission A1-1 The City prefers to process FMZ 16 under a single consolidated Coastal Development Permit.

A1-2 The Final IS/MND has been revised to clarify that the proposed project is within CCC’s appeals jurisdiction due to activities falling within 100 feet of a watercourse.

A1-3 Final IS/MND Appendix A has been revised to include the updated version of the Treatment Protocols for Fuel Modification Zones Subject to Coastal Development Permitting (City’s fuel modification treatment protocols).

A1-4 The proposed project does not include goat grazing or any other prescribed herbivory. Due to the steep topography and presence of special-status species in the project area, hand crews will be used exclusively.

A1-5 City’s revised fuel modification treatment protocols provide examples of instances where vegetation removal may exceed 100 feet in width (Final IS/MND Appendix A):

Exceptions to the 100-foot clearance may include when topographic conditions may accentuate wildfire behavior such as in steep gullies which may “chimney” or accentuate fire effects towards development. Other cases may include where islands of native vegetation are retained as buffers for sensitive species within the fuel modification zone and allow fuel continuity to exist that would allow wildfire to transition readily through the zone. In these or similar conditions, the fuel modification width may be extended to 150 feet when required to mitigate expected fire behavior on structures above the site.

A1-6 The “grant term” refers to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). The City intends to finance the proposed project through the FEMA HMGP.

A1-7 The City will submit a CDP application that will include recent biological surveys of the Project area, a written explanation of plant removal hierarchy, and a written description of the basis for proposed use of herbicides, as requested. Per Mitigation Measure (MM) BIO-1, preconstruction surveys would be conducted. The City’s fuel modification treatment protocols include a plant hierarchy list for instances where there is still over 50 percent vegetative cover after removal of non-native plants and dead or dying material. The treatment protocols also include the basis for the prudent use of herbicides on invasive plant species.

A1-8 A biological monitor will not be present during all FMZ vegetation removal work. As recommended in MM BIO-1, the City shall assign a qualified biologist (Project Biologist) to the project to conduct pre-construction surveys (MM BIO-2). If any nesting birds, special-status plants, or other special-status species are found, the Project Biologist shall flag these areas for avoidance. In addition, per MM BIO-4, the Project Biologist shall be present as needed on the project site during vegetation clearing done by hand crews to document compliance with the avoidance and minimization measures and to provide guidance in avoiding or minimizing impacts to biological resources. The Project Biologist shall also conduct quarterly monitoring of the project site for 12 months after the completion of the fuel treatment. 261
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A1-9 The 25-foot blue-line buffer would be established on either side of the edges of the drainage or to the edge of riparian vegetation, whichever is a greater distance. A written explanation prepared by a qualified biologist describing these practices will be included with the CDP application.

A1-10 The Final IS/MND incorporates the most recent version of the City’s fuel modification treatment protocols as Appendix A. The Project Description has been revised to be consistent with the latest treatment protocols. All project activities are subject to the City’s fuel modification treatment protocols.

A1-11 Vegetation removal activities are anticipated to occur over approximately six months. Per MM GEO-1, fuel modification activities would be conducted in the spring and summer and allow for some re-establishment of the native canopy prior to the next rainy season. Maintenance activities would continue annually in perpetuity. Per the City’s fuel modification treatment protocols, fuel modification zones are subject to multiple treatments each year to maintain prescribed conditions. The number of annual treatments would vary and are determined by annual growth, seasonal conditions, and other factors and may be conducted as often as necessary to maintain fire prevention benefits. Per MM BIO-3, project activities shall be completed outside the nesting bird breeding season (between January 1 through September 1), or after a pre-construction nesting bird survey has been completed. If native birds are nesting on the site, then project activities shall be postponed until nesting is completed or the Project Biologist shall designated appropriate avoidance buffers around nests to protect nesting birds.

A1-12 The CDP is being requested in perpetuity, with maintenance of the FMZs anticipated to be performed annually.

A1-13 The CDP application will include a Habitat Mitigation Plan prepared by a qualified biologist.

A1-14 The CDP application will provide the project staging and storage plan.

A1-15 The CDP application will provide proof of legal ability to perform fuel modification. 262
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Comment Set B1 – Matt Lawson
Matt Lawson
P.O. Box 5245
Laguna Beach, CA 92652
October 5, 2024
Mr. Robert Montaghami, Fire Marshal
Laguna Beach Fire Department
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Support for Draft Mitigated Negative Declaration (MND) for FMZ 16 & 19 Dear Robert:

Having lived in the Diamond/Crestview neighborhood since completing construction of our home in 2003, my wife and I are very much aware of the extreme wildfire hazard presented by the unmaintained vegetation in Diamond Canyon, adjacent to where we live. The sane is also true in Hobo Canyon, a bit further from our home but yet another overgrown interior canyon that presents an extreme wildfire hazard to our entire at-risk community.

We are very pleased that the City is moving forward with both much-needed fuel mod projects.

The Draft MND, which resulted from the CEQA Initial Study, is an important “first step” to address any environmental concerns around these essential fire hazard mitigation projects. In view of the far more aggressive and lethal fire incidents experienced throughout California starting in 2018, it’s clear that wildfire poses an extreme, existential danger throughout Laguna Beach, nearly 90% of which has been classified as “Very High Fire Hazard Severity Zone” by the California Department of Forestry & Fire Protection (CalFIRE).

Laguna’s severe wildfire hazard has been exhaustively documented in multiple studies and reports commissioned by the City but developed and/or reviewed by public safety professionals in fire and disaster management agencies at the federal, state and municipal levels, including:
• Community Risk Assessment & Standards of Cover recommendations, received by Council June 11, 2024.
• Local Hazard Mitigation Plan, approved by the Governor’s Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA), then adopted by Council December 12, 2023.
• General Plan Safety Element, approved by CalFIRE, adopted by Council October 19, 2021.
• Council’s Wildfire Mitigation & Fire Safety Plan, adopted by Council July 23, 2019.

The severity of our local wildfire hazard is further underscored by the number of established insurance carriers that have either declined to renew longstanding homeowners insurance policies on properties in Laguna Beach and/or have substantially increased the annual premiums on such properties to reflect the increased risk from more aggressive wildfire behavior in recent years. The insurance industry’s response to our escalating wildfire threat level was discussed at length during an August 27, 2024 presentation at City Hall by Julia Juarez, Deputy Director of the CA Department of Insurance.

B1-1
B1-2
B1-3
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Mr. Robert Montaghami, Fire Marshal

Page 2 ends

The fire danger from unmanaged vegetation in Diamond Canyon, in very close proximity to several densely developed neighborhoods has been recognized for decades. The Environmental Hazards section of the Diamond/Crestview Specific Plan (DCSP), adopted by Council in July 1999, states: “Wildfires. The City of Laguna Beach General Plan designates the Diamond/Crestview area as an extreme fire hazard area and states that it is probably the most difficult area of the City in which to provide fire protection. The rugged terrain and steep walled, heavily vegetated canyons provide the elements for a high fire hazard area.” (emphasis added)
Diamond/Crestview residents are at such extraordinary risk from the dangerous combination of extreme wildfire hazard and impaired circulation, that ours’ is the only neighborhood in the City where street parking is strictly limited to marked spaces to keep vehicles off the streets. Since 2015, Diamond/Crestview is also the only neighborhood in Orange County with stringent, LAstyle “ticket and tow” parking restrictions under Red Flag wildfire alert conditions.

In recent years, approximately 12% of CA’s land area has been devastated by wildfires. Beyond the loss of hundreds of lives and tens of billions of dollars in property, the environmental damage has been immense. The cost of remediating the millions of tons of toxic ash just in the City of Paradise, a veritable “witch’s brew” of PCBs, dioxin and heavy metals, was estimated at $3 billion by the federal National Institute for Standards & Technology (NIST). That compares with about $400 million to clean up Love Canal, the worst Super Fund site in American history. The aftermath of a devastating wildfire in a coastal hillside community like Laguna Beach would be far worse. Millions of tons of toxic contaminants could find their way onto our beaches and into the ocean with environmental consequences as bad as those from a major oil spill.

In addition, a team climate research scientists from UCLA and the University of Chicago determined that the enormous quantity of greenhouse gases (GHGs) generated by California wildfires in 2020 alone offset 2X the GHG reduction from ALL of the state’s regulatory efforts to during the preceding 20 years!
Fortunately, the Laguna Beach Fire Dept. has developed a system of vegetation management protocols to protect High and Very High Value Habitat containing special-status plant species.

All fuel modification activities in FMZ 16 and 19 would be conducted in accordance with the City’s Treatment Protocols for Fuel Modification Zones.

Following the CA Coastal Commission’s 11-0 rejection of an appeal of the City’s Coastal Development Permit for a very similar fuel modification project in 2022, then Coastal Commission Executive Director Jack Ainsworth praised the City’s “measured and reasonable” approach to fuel modification, adding “This is the most sensibly designed fuel modification plan that I’ve ever seen…It should be used as a model across the state.” That’s why I support moving forward with FMZ 16 and 19 and other important wildfire hazard mitigation measures to protect our residents, our homes and our community as well as our air, land and water resources.

Cordially,
B1-4
B1-5
B1-6
Comment Set B1: Matt Lawson (continued)
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Responses to Comment Set B1 – Matt Lawson
B1-1 The comment describes the existing wildfire hazard conditions in the Diamond Crestview and Hobo Canyon neighborhoods. No further response is needed.

B1-2 The comment expresses support for the proposed project and describes the City’s various studies and plans documenting wildfire hazards. The Final IS/MND acknowledges the project area falls within the Very High Fire Hazard Severity Zone and aims to reduce potential wildfire ignition of primarily residential properties, increase the evacuation time for residents, provide better access for firefighters to protect structures, reduce fire line intensity, reduce wildfire rates of spread, and improve occupant safety.

B1-3 The comment describes the effect of severe wildfire hazards on homeowner insurance policies. While insurance is not a topic addressed under CEQA, the proposed project intends to reduce wildfire risk in the City and improve safety for homeowners.

B1-4 The comment highlights the high risk of fire in Diamond Crestview due to the steep topography and limited evacuation access routes in the area. During fuel modification activities, work vehicles would either be parked along residential roads or private roads that would require coordination with property owners and would not impede on emergency access.

Access through private roads and driveways would be coordinated with homeowners. Access along public roadways would be maintained, and no road closures would be required. The proposed project would improve access for firefighters and increase evacuation times by reducing fuel loads and reducing the risk of ignition of properties.

B1-5 The comment states that wildfires create large amounts of hazardous waste, requiring extensive remediation to remove contaminants. The comment expresses concern with potential wildfire contaminants entering the marine environment as well as the large quantities of greenhouse gases (GHGs) generated by wildfires.

Final IS/MND Section 8 (Greenhouse Gas Emissions) and Section 9 (Hazards and Hazardous Materials) evaluate the proposed project’s construction impacts on GHG emissions and hazardous materials. No known hazardous materials sites were found within the project footprint. Construction equipment such as trucks, crew vehicles, and power tools would generate a relatively small amount of GHG emissions well below the South Coast Air Quality Management District’s thresholds. The proposed project aims to reduce the risk of wildfire and thus reduce the amount of hazardous byproducts and GHG emissions resulting from wildfires.

B1-6 The comment summarizes the City’s goals of balancing vegetation management and protecting special-status plant species, expressing support for the City’s fuel treatment protocols.

The proposed project is designed in accordance with the latest fuel treatment protocols (Final IS/MND Appendix A).
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Comment Set B2 – Jerry Myers
Jerry Myers
1333 Terrace Way, Laguna Beach, Ca, 926511 [email protected] Tuesday, October 8, 2024
Mr. Robert Montaghami, Fire Marshal
Laguna Beach Fire Department
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Dear Robert:

As a 52-year Laguna Beach resident and whose home is in Rimrock Canyon I am extremely aware on how important it is to maintain safe brush clearances to protect our homes from wildfire. Having a brush clearance program that maintains healthy vegetation while also protecting the environment is critical to the safety of our residents and property owners.

Our wildfire hazard in Laguna Beach is categorized as severe and maintaining homeowners fire insurance is becoming difficult or if non-renewed, nearly impossible to find that is affordable. For the reasons stated in this letter, I support the Draft Mitigated Negative Declaration (MND) for Fuel Modification Zones 16 & 19.

Sincerely,
onny)
Q.�\j
ber Emergency Disaster Preparedness Committee (EDPC)
Director, Laguna Beach Community Emergency Response Team (CERT B2-1
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Responses to Comment Set B2 – Jerry Myers
B2-1 The comment expresses support for the proposed Project. No further response is necessary. 267
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Comment Set B3 – Rebecca and Frank Visconti
Lower Hobo and Diamond Crestview Fuel Modification Project Email From: Rebecca Visconti <[email protected]>
Sent: Thursday, October 10, 2024 8:13 AM
To: Montaghami, Robert FD <[email protected]> Subject: Hobo Canyon / Diamond Canyon
Dear Fire Marshal Robert Montaghami, City of Laguna Beach Fire Department, I support our Fire Dept. proposal to improve fire safety by thinning out the dangerously overgrown dense brush in Diamond Canyon and Hobo Canyon through the very careful process of creating "Fuel Modification Zones," FMZ 16 (in Hobo Canyon) and FMZ 19 in Diamond Canyon.

As homeowners at 341 Diamond St., our insurance carrier (Farmers) has discontinued our coverage. We were able to find another policy at double the rate.

Most importantly we are concerned about the safety of the people, property and community here in Laguna Beach.

We fully support this proposal. We are grateful for all that you do.

Respectfully yours,
Becky & Frank Visconti
341 Diamond St.
702-338-3137
B3-1
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Responses to Comment Set B3 – Rebecca and Frank Visconti B3-1 The comment expresses support for the proposed project. No further response is necessary. 269
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Comment Set B4 – J. Rex Theobald
J. Rex Theobald
1984 Del Mar Avenue
Laguna Beach, CA 92651
October 19, 2024
Mr. Robert Montaghami, Fire Marshal
Laguna Beach Fire Department
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Dear Mr. Montaghami,
I'm writing to support the Draft Mitigated Negative Declaration (MND) for FMZ 16 & 19.

I live in Arch Beach Height, so I'm always pleased to see the fire mitigation efforts conducted by the city.

We tend to think of fire risk in terms of Santa Ana winds, but we learned in the disastrous Coastal Fire of 2022 that even moderate onshore wind can drive fire uphill resulting in the destruction of homes. Arch Beach Heights was under voluntary evacuation during that incident but was spared only because the wind drove the fire into Laguna Niguel instead.

I note that the fuel modification in FMZ 19 (Diamond Crestview) is immediately upwind (in prevailing westerly winds) and downslope from the densely populated Arch Beach Heights neighborhood. Many of the houses in this neighborhood are built with open eaves, sided with wood, and have other architectural features that make them vulnerable to ignition by embers. The houses are very close together. And the streets are narrow. So I fear that a fire in FMZ 19 could quickly turn into historic disaster.

The Hobo Canyon FMZ 16 also threatens this neighborhood as well as the homes to the southwest, which would be downwind in Santa Ana conditions.

In light of these risks and the current wildfire environment in California, it is urgent to do everything practical to mitigate the hazards before it's too late.

Yours truly,
fWJ� J. Rex Theobald
B4-1
B4-2
B4-3
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Responses to Comment Set B4 – J. Rex Theobald
B4-1 The comment expresses support for the proposed project. No further response is necessary.

B4-2 The comment describes the existing fire hazards in the project area due to prevailing winds, steep topography, density of homes, flammability of structures, and narrow roads. The proposed project aims to reduce potential wildfire ignition of primarily residential properties, increase the evacuation time for residents, provide better access for firefighters to protect structures, reduce fire line intensity, reduce wildfire rates of spread, and improve occupant safety. During fuel modification activities, work vehicles would either be parked along residential roads or private roads that would require coordination with property owners and would not impede on emergency access. Access through private roads and driveways would be coordinated with homeowners. Access along public roadways would be maintained, and no road closures would be required. The proposed project would improve access for firefighters and increase evacuation times by reducing fuel loads and reducing the risk of ignition of properties.

B4-3 The comment expresses support of addressing wildfire hazards. The proposed project aims to reduce wildfire risk in the City of Laguna Beach.
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Comment Set B5 – Evgeniy Krasko
Evgeniy Krasko
785 Gainsborough Dr.

Laguna Beach, CA 92651
October 28, 2024
Mr. Robert Montaghami, Fire Marshal
Laguna Beach Fire Department
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Support for Lower Hobo and Diamond Crestview Fuel Modification Project (FMZ 16 and 19)
Dear Robert,
I am writing in support of the Lower Hobo and Diamond Crestview Fuel Modification Project. I live in the Diamond/Crestview neighborhood in Laguna Beach, and I am very much aware of the elevated risks of fire in my neighborhood.

There is a large amount of unmaintained vegetation in the canyons that could ignite any time, and the access for fire trucks and evacuation vehicles is very much limited in Diamond/Crestview, where Diamond street serves as the only evacuation route for the residents.

I have witnessed for myself the devastating impact of recent fires around Irvine, and I've heard stories of Laguna Fire in 1993, which destroyed a large fraction of my neighborhood.

Implementing the project would, in my opinion, go a long way in ensuring the safety for Laguna Beach residents, and could potentially save lives, prevent injuries, and also save not only beautiful, but also quite expensive homes in the area.

The project has been very thoughtfully planned with care for our natural resources and protected species, and I fully support it.

Best,
Evgeniy Krasko
B5-1
B5-2
B5-3
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Responses to Comment Set B5 – Evgeniy Krasko
B5-1 The comment expresses support for the proposed project. No further response is necessary.

B5-2 The comment describes the existing fire hazards in the project area due to the density of vegetation and narrow roads. The proposed project aims to reduce potential wildfire ignition of primarily residential properties, increase the evacuation time for residents, provide better access for firefighters to protect structures, reduce fire line intensity, reduce wildfire rates of spread, and improve occupant safety. During fuel modification activities, work vehicles would either be parked along residential roads or private roads that would require coordination with property owners and would not impede on emergency access. Access through private roads and driveways would be coordinated with homeowners. Access along public roadways would be maintained, and no road closures would be required. The proposed project would improve access for firefighters and increase evacuation times by reducing fuel loads and reducing the risk of ignition of properties
B5-3 The comment expresses support for the proposed project. No further response is necessary. 273
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Appendix 1: Mitigation Monitoring and Reporting
Program
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Table A-1. Mitigation Monitoring Program for Fuel Breaks in FMZ 16 and FMZ 19 Environmental
Factor
Reference
Number Mitigation Measures
Responsible
Party Timing

4. BIOLOGICAL

RESOURCES
4(a) BIO-1 The City of Laguna Beach (City) shall assign a qualified biologist to the project (i.e., Project Biologist). The qualified biologist shall be responsible for conducting pre-construction surveys (MM BIO-2), implementing nesting bird avoidance (MM BIO-3), monitoring project activities (MM BIO-4), and conducting worker training (MM BIO-5). The "qualified biologist" is defined as a person with appropriate education, training, and experience to conduct the required surveys, monitor project activities, provide worker education programs, and supervise or perform other monitoring-related actions. The Project Biologist shall be authorized by the City to temporarily halt project activities, if needed, to prevent take of listed species or harm to any other special-status species.

City of Laguna
Beach Fire Chief
Prior to and during
fuel modification
activities
4(a) BIO-2 Prior to start of project activities, the Project Biologist shall survey the work area to determine if any special-status species are present. During the survey, the Project Biologist shall search for nesting birds, special-status plants, and other special-status species. Pre-clearing surveys shall be performed during the appropriate blooming period for special-status plants to ensure species present are identified. Any specialstatus species or sensitive resources shall be flagged and avoided, in coordination with the Project Biologist.

If big-leaved crownbeard are located within the project site, they shall be flagged, and a 50-foot buffer installed. Plants with a CRPR of 1B or 2B shall be flagged and a 15-foot buffer installed. Any willow canopy that falls outside the 25-foot buffer around “blue-line” drainages (per the City’s fuel modification treatment protocols), shall be avoided. San Diego desert woodrat nests shall be avoided with a 15-foot buffer. No work shall be permitted within these buffers. The Project Biologist shall also flag coast live oak seedlings and western sycamore seedlings for avoidance, as feasible. The Project Biologist shall also search for shot hole borers on all oak and sycamore trees that are proposed for pruning. If shot hole borers are found, the Project Biologist shall notify the City who will then coordinate with CDFW, and the U.S. Fish and Wildlife Service.

All pruning tools shall be cleaned and disinfected prior to use within the project area and at least weekly during the project to further reduce the spread of pathogens. To the extent practicable, thinning within coastal sage scrub and chaparral habitats shall be limited to winter months outside the growing season.

City of Laguna
Beach Fire Chief
Prior to and during
fuel modification
activities
4(a, d) BIO-3 Vegetation removal and initial ground disturbance shall be completed outside the breeding season (i.e., no removal of potential nesting habitat from January 1 through September 1), or after a pre-construction nesting bird survey has been completed. The Project Biologist shall confirm that no birds are nesting in or adjacent to areas to be disturbed. If native birds are nesting on the site, then project activities shall be postponed until nesting is completed or the Project Biologist shall designate appropriate avoidance buffers around nests to protect nesting birds. No project related disturbance shall be allowed within these buffers.

City of Laguna
Beach Fire Chief
Prior to fuel
modification
activities outside of
bird breeding
season
4(a) BIO-4 The Project Biologist shall be present as needed on the project site during vegetation clearing done by hand crews to document compliance with the avoidance and minimization measures and to provide guidance in avoiding or minimizing impacts to biological resources. The Project Biologist shall also conduct quarterly monitoring of the project site for 12 -months after the completion of the fuel treatment. During this post-treatment monitoring the Project Biologist shall inspect the mulched plant material for Argentine ants and will also note wildlife use of the treatment areas. If Argentine ants are found within the mulched plant City of Laguna
Beach Fire Chief
During fuel modification activities
and continuing for
at least 12 months
following completion of activities
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Table A-1. Mitigation Monitoring Program for Fuel Breaks in FMZ 16 and FMZ 19 Environmental
Factor
Reference
Number Mitigation Measures
Responsible
Party Timing
material, the City shall implement an ant control program to remove them from these areas. If any new non-native plants are found within the project area, the City shall implement a control program for these species to ensure they are eradicated and not allowed to spread into adjacent natural lands. 4(a)
BIO-5 The Project Biologist shall conduct training to ensure that all workers on the project site are aware of all applicable mitigation measures for biological resources. Specifically, workers shall be required to (1) limit all activities to approved work areas; (2) report any special-status species; (3) report any bird nests; (4) avoid contact with any wildlife that may approach a work area, and be aware of potential venomous reptile bites from carelessness or unnecessary harassment; (5) pick up and properly dispose of any food, trash, or construction refuse; and (6) report any spilled materials (e.g., oil, fuel, solvent, engine coolant, raw concrete, or other material potentially hazardous to wildlife) to the supervisor. During the training, the Project Biologist shall briefly discuss special-status species that may occur in the work areas, their habitats, and requirements to avoid or minimize impacts. In addition, all workers shall be informed of civil and criminal penalties for violations of the federal Endangered Species Act, California Endangered Species Act, and the Migratory Bird Treaty Act.

City of Laguna
Beach Fire Chief
Prior to fuel
modification
activities

5. CULTURAL

RESOURCES

18. TRIBAL

CULTURAL

RESOURCES
5(a, b)
18(a)(i)
CUL-1 A qualified professional archaeologist and local Native American monitor shall be retained to provide monitoring services when crews are working in areas on slopes less than 30 degrees. If any such resources are discovered when the monitor is not present, contractors should stop work in the immediate area of the find and contact the archaeologist to assess the nature of the find and determine if future monitoring is appropriate. If deemed appropriate, monitoring should continue until vegetation removal activities are complete, or until the monitoring archaeologist, based on field observations, is satisfied there is no likelihood of encountering intact archaeological deposits. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. This report should be submitted to the South Central Coastal Information Center.

City of Laguna
Beach Fire Chief
During fuel
modification
activities
5(a, b)
18(a)(i)
CUL-2 Prior to the initiation of construction, all construction personnel shall be trained by a qualified archaeologist regarding the recognition of possible buried cultural resources (i.e., prehistoric and/or historical artifacts, objects, or features) and protection of all archaeological resources during construction.

Training shall inform all construction personnel of the procedures to be followed upon the discovery of cultural materials. All personnel shall be instructed that unauthorized removal or collection of artifacts is a violation of State law. Any excavation contract (or contracts for other activities that may have subsurface soil impacts) shall include clauses that require construction personnel to attend the Workers’ Environmental Training Program, so they are aware of the potential for inadvertently exposing buried archaeological deposits.

City of Laguna
Beach Fire Chief
Prior to fuel
modification
activities
5(c)
CUL-3 All human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager/owner of the site (i.e., City of Laguna
Beach Fire Chief
During fuel
modification
activities
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Lower Hobo and Diamond Crestview Fuel Modification Projects Mitigation Monitoring and Reporting Program
January 2025 App 1-4
Table A-1. Mitigation Monitoring Program for Fuel Breaks in FMZ 16 and FMZ 19 Environmental
Factor
Reference
Number Mitigation Measures
Responsible
Party Timing
Orange County Parks) is to be called and informed of the discovery. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/ historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historic-era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.

According to the California Health and Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).

7. GEOLOGY

AND SOILS

20. WILDFIRE
7(a, c)
20(d)
GEO-1 The City of Laguna Beach shall adhere to the following fuel modification protocols in landslideprone areas in FMZ 16 and FMZ 19:
• Fuel modification activities shall be conducted in the spring and summer and allow for some reestablishment of the native canopy prior to the next rainy season. • Fuel modification efforts shall be limited to the canopy and seasonal grasses and should minimize damage to the existing root systems.
• Spray adhesives, fiber rolls, or jute matting shall be used in areas with a thick accumulation of soil on slopes between a 2:1 to 1:1 (horizontal:vertical) ratio prior to winter.

City of Laguna
Beach Fire Chief
During fuel
modification
activities

9. HAZARDS
AND

HAZARDOUS

MATERIALS
9(a)
HAZ-1 The City of Laguna Beach shall include the following provisions or similar in the contractor bid contract for hand clearing:
• All power tools shall be fueled in an area clear of fire hazards. • Fueling of power tools in the fuel modification zones shall occur over a containment system (e.g., plastic tray or tub) to catch and prevent spills. • Any fuel spills shall be cleaned up immediately and properly disposed. • All trucks and larger equipment, such as chippers, shall be fueled off site. • Engine fuel shall not be used as a cleaning solvent.

City of Laguna
Beach Fire Chief
Prior to fuel
modification
contract signing
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CITY OF LAGUNA BEACH 505 Forest Ave. Phone: (949) 497-0700 Laguna Beach, CA 92651 Fax: (949) 497-0784

FIRE DEPARTMENT ADDENDUM
DATE: 5/4/26

TO: ALL BIDDERS SUBMITTING PROPOSALS FOR WILDFIRE MITIGATION

VEGETATION REDUCTION SERVICES
FROM: CITY OF LAGUNA BEACH, FIRE DEPARTMENT
SUBJECT: ADDENDUM NO. 1
This Addendum forms a part of the Request for Proposals identified above. All portions of the proposal documents not specifically mentioned or otherwise revised by this Addendum remain in full force and effect. Acknowledgment of this Addendum is required and must be included with the proposal submission. Failure to acknowledge this Addendum may render the proposal non-responsive. Please note the following clarification:

1. Updated Submittal Information and Instructions, Tentative RFP Schedule and Project Timeline (Section III, A)
The tentative RFP schedule and project timeline is hereby revised to include the option to schedule a non-mandatory pre-bid meeting/walkthrough as highlighted below. The pre-bid meeting is optional and is provided for informational purposes only. Proposers are encouraged, but not required, to attend.

Description Date
Advertise for Proposals April 29, 2026, 09:00 am PDT
Deadline for Written Questions May 4, 2026, 5:00 pm PDT City Response to Questions May 5, 2026, 5:00 pm PDT
Non-Mandatory Pre-Bid
Meeting/Walkthrough
Upon request and at the
convenience of the Fire Prevention
Division: May 7, 2026 – May 12, 2026
Bid Closing May 13, 2026, 5:00 pm PDT
Interviews (as applicable) May 14, 2026
City Council Award of Contract TBD (Prior to July 1, 2026)

ACKNOWLEDGMENT
Proposers shall acknowledge receipt of this Addendum in their proposal submission.

END OF ADDENDUM NO. 1
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CITY OF LAGUNA BEACH

WILDFIRE MITIGATION VEGETATION REDUCTION SERVICES
FUEL MODIFICATION ZONE 19
Invitation No. FD-26-004

TECHNICAL & COST PROPOSAL
May 13, 2026, 5:00 PM
Submitted to:

Kirsten Gallacher, [email protected]
POC: Ford Ainslie, Director of Partnerships & Growth
310 Shaw Road, Suite D, South San Francisco, CA 94080
[email protected] | (516) 669-7353
Attachment 2
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1. COVER LETTER AND STATEMENT OF INTEREST 2

2. CONTRACTOR BUSINESS INFORMATION 3

3. EXPERIENCE / QUALIFICATIONS OF CONTRACTOR’S TEAM 3
Company Background 3
Relevant Project Experience 4
Qualifications / Certifications 4
Key Personnel 4
Subcontractors 6

4. APPROACH / METHODOLOGY 6
Overview 6
Pre-Mobilization 6
Treatment Methodology 7
Environmental Compliance 8
Erosion Control 8
Safety 8
Proposed Schedule 9

5. REFERENCES / PROJECT HISTORY 9

6. PROPOSED COST FILE 11
Table 1 – Field Personnel 11
Table 2 – Project Management 11

7. OTHER INFORMATION 12
Large Hazard Tree Removal Capability 12
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1. COVER LETTER AND STATEMENT OF INTEREST
May 13, 2026
Kirsten Gallacher, Senior Administrative Analyst
Laguna Beach Fire Department
505 Forest Avenue
Laguna Beach, CA 92651
Re: Proposal Submission – Invitation No. FD-26-004, Wildfire Mitigation Vegetation Reduction Services
Dear Ms. Gallacher and Members of the Evaluation Committee, BurnBot, Inc. (BurnBot) is pleased to submit this proposal in response to the City of Laguna Beach’s Request for Proposals for Wildfire Mitigation Vegetation Reduction Services within Fuel Modification Zone 19 (Diamond Crestview). We are a California-based comprehensive wildfire mitigation company with over 20,000 acres treated across the Western United States, and we are fully prepared to deliver safe, effective, and environmentally responsible fuel modification across FMZ 19’s approximately 26.9 acres.

Key Elements of Our Proposal
BurnBot proposes deploying a 15-person trained hand crew to implement the City’s prescribed mosaic treatment approach. Our scope includes precision thinning, pruning, and lop-and-scatter techniques to reduce vegetation cover to the targeted ~50% while maintaining ecological integrity and strict compliance with the City's Fuel Modification Treatment Protocols and Coastal Act requirements. We anticipate completing the project within 10–15 working days, well within the agreement performance period of July 1, 2026 through June 30, 2027, and we are prepared to mobilize immediately upon authorization.

Statement of Interest
BurnBot is deeply committed to protecting communities in the Wildland-Urban Interface, and Southern California represents one of the most critical and personal regions in which we operate.

Laguna Beach is exactly the kind of coastal community we were built to serve — high-stakes, environmentally complex, and deeply embedded in the wildland edge where the consequences of inaction are measured in homes and lives. Protecting communities like this one is not peripheral to our mission; it is our mission.

FMZ 19's steep coastal slopes, sensitive biological resources, Coastal Act permitting requirements, and proximity to residential neighborhoods demand a contractor with the precision, regulatory fluency, and field experience to execute without incident. That is precisely what BurnBot delivers. Fuels management in community interface settings — navigating access constraints, biological exclusion zones, mosaic treatment requirements, and homeowner coordination — is not a niche capability for us. It is our core competency, and it is the work we do every day across California and the Western United States. 2 281
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Southern California's communities face some of the highest wildfire risk in the nation, and BurnBot has made serving those communities a strategic priority. Our established presence across the region enables rapid mobilization and a team that understands local terrain, regulatory frameworks, and the neighborhoods we are working to protect. We bring not just technical expertise, but a genuine investment in the long-term fire resilience of the communities we serve — and we would be proud to make Laguna Beach one of them.

Sincerely,
Ford Ainslie
Director of Partnerships & Growth
BurnBot, Inc.

2. CONTRACTOR BUSINESS INFORMATION
Offeror Information Table
Business Name BurnBot, Inc.

Headquarter Address 310 Shaw Road, Suite D
South San Francisco, CA 94080
Regional Hub Address 165 Durley Ave
Camarillo, CA 93010
Primary Point of Contact Ford Ainslie, Director of Partnerships & Growth (516) 669-7353
[email protected]
CA Contractor’s License No. 1140821 (C-49)
DIR Public Works Registration Registered with the California Department of Industrial Relations – Registration No. 2000007540

3. EXPERIENCE / QUALIFICATIONS OF CONTRACTOR’S TEAM
Company Background
BurnBot, Inc. brings demonstrated expertise in fuel modification and WUI vegetation management directly applicable to the FMZ19 project. Founded in 2020, BurnBot has treated over 20,000 acres across California, Oregon, Nevada, and the broader Western United States, establishing itself as a trusted partner for federal agencies, state programs, local governments, fire districts, and utilities seeking to reduce wildfire risk at scale.

Our deep experience performing vegetation management in residential hillside communities directly aligns with the scope and complexity of this project. BurnBot has successfully executed fuel modification in steep, access-constrained environments comparable to FMZ 19's Diamond 3 282
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Crestview corridor, navigating biological exclusion zones, mosaic pattern treatment requirements, homeowner coordination, and strict regulatory compliance — including work subject to Coastal Act and CEQA constraints.

BurnBot's operational philosophy — deploying "the right tool, for the right acre, at the right time" — ensures each project receives the most appropriate treatment methodology based on terrain, vegetation type, environmental constraints, and client objectives. For FMZ 19, this means a hand crew-first approach that prioritizes precision, ecological integrity, and full compliance with the City's established treatment protocols.

Relevant Project Experience
BurnBot has successfully executed fuel modification and WUI vegetation management projects across steep, environmentally sensitive terrain throughout California, with experience directly applicable to the FMZ19 scope. Our team has demonstrated ability to navigate the specific challenges present in this project, including:
→ Fuel modification in Very High Fire Hazard Severity Zones (VHFHSZ) adjacent to residential structures
→ Mosaic pattern treatment implementation to reduce horizontal and vertical fuel continuity while preserving ecological character
→ Lop-and-scatter and precision thinning in steep and access-constrained terrain → Coordination with City-designated biologists and strict observance of pre-construction survey findings, flagged exclusion zones, and species buffers → Compliance with Coastal Act and CEQA requirements in environmentally sensitive zones → No-herbicide operations as required by project specifications → Community-sensitive project delivery in established, high-visibility residential neighborhoods where crew conduct, site presentation, and neighbor relations are held to the highest standard
Qualifications / Certifications
BurnBot is fully licensed and registered to perform the scope of services required under this Agreement. Our C-49 Tree Service Contractor license directly qualifies BurnBot to execute the hand crew operations, chainsaw work, and biomass management activities central to the FMZ 19 project. Combined with our registration as a public works contractor with the California Department of Industrial Relations, BurnBot meets all state licensing and labor compliance requirements for government-contracted vegetation management work of this nature.

Key Personnel
Name / Title Experience and Qualifications
Lincoln Peters, Project Manager
(BurnBot)
22-year USFS wildland fire veteran and retired Fire Captain, Mill Creek Hotshots (San Bernardino National Forest). 15 years as Fire Captain across hotshot crews and engines; 5 4 283
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years as Division/Group Supervisor on incident management teams. Extensive experience in fuels management, hazard tree mitigation, hand-line construction, and multi-crew field supervision in steep Southern California terrain.

Qualifications include DIVS, ICT3, CRWB, ENGB, TFLD, and RXB3. Certified Instructor (1A/1B).

Isaias Casimiro Montalvo,
Owner/Crew Supervisor (Fresh
Garland)
Primary point of contact and operational lead for Fresh Garland Reforestation. Extensive experience managing hand crews in steep terrain, ladder fuel reduction, manual thinning, and community interface environments. Oversees a crew of 15–20 members (scalable) holding OSHA PPE training,
NWCG FFT2 Wildland Firefighter Certification, and USFS
B-Level Chainsaw Safety Certification (professional fallers), with First Aid/CPR maintained by all supervisors. Quality assurance maintained through daily safety briefings, annual competency assessments, and continuous performance
monitoring against project specifications.

Daniel Casimiro, Superintendent
(Fresh Garland)
Extensive experience in hazard tree assessment and falling, manual mastication, and hand piling on slopes exceeding 40%. He has led fuel modification crews across steep
Southern California coastal terrain, with strong proficiency in CAL/OSHA chainsaw protocols, biomass reduction, and
maintaining compliance with biological and fire safety
requirements in sensitive environments.

Orlando Martinez-Mendez,
Foreman (Fresh Garland)
Specializes in steep terrain operations, cut-and-pile methods, and manual vegetation treatment. He brings proven
experience coordinating safe crew operations on challenging slopes where equipment access is restricted, with a
disciplined focus on low-impact techniques, erosion
prevention, and maintaining treatment quality standards on slope-restricted sites.

Ford Ainslie, Director of
Partnerships & Growth (BurnBot)
Leads BurnBot's partnership development and sales efforts, bringing extensive experience managing full-lifecycle
contract opportunities from initial outreach through award.

He serves as the primary point of contact for municipal and agency clients, ensuring proposals are responsive,
compliant, and clearly communicate BurnBot's technical
capabilities. Ford has cultivated relationships with fire departments, land management agencies, and local
governments across California, and is committed to
delivering solutions that align contractor expertise with the specific wildfire mitigation needs of each community.
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Subcontractors
BurnBot will utilize Fresh Garland Reforestation as our primary hand crew subcontractor for manual vegetation management operations on FMZ 19. Fresh Garland will be responsible for manual thinning, brush removal, pruning, material movement to designated drop points, treatment boundary compliance, and steep terrain operations in Units 1 and 2.

Fresh Garland brings extensive experience in steep terrain hand treatments, ladder fuel reduction, and work in and around residential structures, with all crew members holding OSHA PPE training, chainsaw safety certifications, and USFS B-Level Faller Certification for professional fallers. Their established partnership with BurnBot spanning thousands of acres of comparable fuels mitigation work ensures seamless integration with BurnBot's operational standards and prescription compliance protocols.

Fresh Garland Reforestation is BurnBot's primary and preferred hand crew partner — not a contingency resource, but an integral part of how BurnBot delivers projects of this nature. Our collaboration spans thousands of acres across multiple projects, and Fresh Garland crews operate as a seamless extension of the BurnBot team. They know our standards, our protocols, and our expectations before they set foot on site. BurnBot maintains direct field supervision over all Fresh Garland operations, with dedicated oversight, daily progress monitoring, and full accountability for treatment compliance, safety adherence, and environmental protocol. The City will not receive two separate teams working in parallel — it will receive one unified, coordinated operation under BurnBot's management from day one.

4. APPROACH / METHODOLOGY
Overview
BurnBot's approach to FMZ 19 is grounded in a thorough understanding of the project site (through multiple site walks), the City's established treatment protocols, and the environmental constraints governing work in this Coastal Act-permitted zone. FMZ 19 presents a combination of steep terrain, densely vegetated coastal slopes, sensitive biological resources, indirect access points, and proximity to residential structures — conditions that require a precise, crew-led approach rather than heavy mechanized equipment. BurnBot's methodology is designed to deliver a 100-foot-wide fuel modification zone across 26.9 acres using a mosaic treatment approach that reduces both horizontal and vertical fuel continuity while preserving ecological integrity and the visual character of the hillside.

Pre-Mobilization
Prior to commencing any field work, BurnBot will complete the following preparatory steps:
→ Coordinate with the City's project manager to confirm scheduling, access arrangements, and any site-specific conditions identified since the RFP → Participate in City-led worker environmental training covering all applicable mitigation measures, special-status species awareness, and permit compliance requirements 6 285
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→ Coordinate with the City-designated qualified biologist to review pre-construction survey findings, confirm flagged exclusion zones and species buffers, and ensure all crew members are briefed on avoidance requirements before breaking ground → Confirm all equipment is in serviceable condition, with all factory-installed safety devices functioning, and all PPE inventoried and distributed to crew members → Establish staging areas in cleared zones and position fire suppression equipment and hand tool caches within 300 feet of all active work areas Treatment Methodology
All fuel modification activities will be conducted in strict accordance with the City of Laguna Beach Fuel Modification Treatment Protocols and the conditions established in the Final Mitigated Negative Declaration for the Lower Hobo and Diamond Crestview Fuel Modification Project.

Vegetation Reduction Target and Pattern
Vegetation will be reduced to a target of approximately 50% remaining cover, consistent with City standards. Treatment will be applied in a dispersed mosaic pattern to break up horizontal and vertical fuel continuity while avoiding large continuous clearings that could compromise habitat value, erosion stability, or visual character.

Vegetation Removal Hierarchy
BurnBot will follow the City’s prescribed removal hierarchy in all treatment areas:

1. All non-native and invasive vegetation will be removed first, including unmaintained ornamental vegetation

2. Dead and dying native vegetation will be removed, with careful distinction made between dormant and dead material

3. If additional reduction is required to reach target fuel levels, native vegetation will be selectively thinned per the City's prescribed hierarchy, with the qualified biologist providing guidance to preserve habitat value and biodiversity

4. Southern Maritime Chaparral species — including Bush Rue, Spiny Redberry, and Bigpod Lilac — will be retained unless all other hierarchy opportunities have been exhausted Pruning Standards
→ Ladder fuels will be reduced through selective pruning → Crown base height on tree-form shrubs will be raised to approximately 50% of plant height → Dead and dying branches will be removed from trees and large shrubs → Stumps will be cut low to grade (≤4 inches where feasible) → All pruning cuts will be made within 1 inch or less of the branch coll Lop-and-Scatter and Biomass Management
Primary biomass management will utilize lop-and-scatter techniques, with treated vegetation cut and dispersed to reduce fuel continuity while minimizing soil disturbance. Non-native vegetation will be hauled to an approved green waste recycling facility. Native material will be dispersed 7 286
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on-site to support erosion control and mulch distribution where slope conditions allow, consistent with the City's treatment protocols.

Waterway Buffers
A 25-foot buffer will be maintained on either side of all blue-line drainages crossing the treatment area. Within these buffers, work will be limited to removal of Pampas Grass and other invasive species. No treatment will occur within the 0.5-acre exclusion zones or the 3-acre drainage/stream buffer areas identified in the project maps.

Herbicide
No herbicide will be used on this project, as prohibited by the RFP Scope of Services.

Environmental Compliance
BurnBot recognizes that environmental compliance is not incidental to this project — it is central to it. All work will be conducted in close coordination with the City-designated qualified biologist, who will conduct pre-construction surveys, flag sensitive resources, provide worker environmental training, and monitor operations as needed. BurnBot will:
→ Limit all activities to approved work areas at all times → Strictly observe all flagged exclusion zones, species buffers, and drainage setbacks → Immediately halt work and notify the biologist if any special-status species are encountered during operations
→ Comply with all nesting bird avoidance requirements, including seasonal restrictions if applicable
→ Ensure all pruning tools are cleaned and disinfected prior to use and at least weekly during the project to prevent the spread of pathogens, including shot hole borers on oak and sycamore trees
→ Avoid all work during or within two days following a significant rainfall event (>0.25 inches) to prevent soil compaction and erosion
Erosion Control
Given FMZ 19's steep terrain, BurnBot will implement proactive erosion control measures throughout the project. Haul routes will be minimized and varied where practicable to avoid creating skid trails, with brush carried off the ground rather than dragged wherever feasible. The preponderance of perennial plant root systems will be left in place to maintain slope stability.

Where designated, BurnBot will install weed-free burlap straw wattles, jute netting, or all-natural fiber mats as directed by the City's project manager or biologist. Areas of moderate slope will be mulched from cut native material to minimize weed propagation and reduce ongoing maintenance needs.

Safety
BurnBot will maintain rigorous safety protocols throughout all field operations, including:
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→ Full PPE compliance for all personnel at all times, including leather boots, gloves, long pants, chainsaw chaps, hard hat, eye and ear protection for chainsaw operators, and snake gaiters for all workers
→ No chainsaw or power tool operations during Red Flag Warning conditions or when the Air Quality Index is Orange or higher
→ Fire suppression equipment and hand tool caches staged at all active work areas, with at least one cache within 300 feet of any active power tool use → No smoking permitted within the project area at any time → All vehicles parked only in areas cleared of flammable vegetation → Steep slope protocols enforced, with work limited to conditions deemed safe by the Field Supervisor
All safety incidents, near-misses, and field conditions of concern will be reported immediately to the BurnBot Project Manager and the City's project manager.

Proposed Schedule
Milestone Target Date
Contract Execution Upon Notice of Intent to Award
Pre-Construction Coordination & Biologist
Survey
Within 2 weeks of City notice to proceed
Field Operations Begin No later than October 15, 2026
Estimated Field Duration 10–15 working days
Project Completion Within agreed timeframe; no later than June 30, 2027

5. REFERENCES / PROJECT HISTORY
Reference #1
Agency Name Ventura County Fire Department
Brief
Description of
Services
BurnBot partnered with the Ventura County Fire Department (VCFD) and the Mountains Recreation and Conservation Authority (MRCA) on multiple fuel reduction projects in Ventura County, including a 21.2-acre shaded fuel break along the Las Virgenes Trail corridor and the targeted removal of approximately 95 palm trees within a riparian creek corridor adjacent to Bell Canyon Park. Work combined remote-controlled mechanical mastication (RCU-55 and RCU-75 systems) with hand crew treatments — including controlled felling, winch-assisted extraction, and mechanical loading — in steep and environmentally sensitive riparian zones. All operations were 9 288
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conducted under strict red-flag protocols, with multi-agency coordination and environmental protections for riparian buffers, demonstrating BurnBot's ability to execute complex WUI fuel reduction in high-risk Southern California environments mirroring the conditions present in FMZ 19.

Contact
Information
Captain Ryan Matheson
(805) 914-7574
[email protected]
Reference #2
Agency Name Bend Fire & Rescue (City of Bend)
Brief Description
of Services
In partnership with Bend Fire & Rescue, BurnBot implemented 156 acres of WUI community protection treatments across varied terrain adjacent to residential developments, including creation of shaded fuel breaks. Work required multi-stakeholder coordination with the High Desert Museum and BNSF Railway, as well as adaptive management protocols to accommodate active recreational uses. This project mirrors the municipal partnership structure and complex stakeholder environment of the FMZ 19 scope.

Contact
Information
Melissa Steele
(541) 385-6679
[email protected]
Reference #3
Agency Name Los Alamos Fire Department
Brief Description
of Services
BurnBot delivered mechanical fuels mitigation treatments across 44.5 acres of County-owned WUI land in Los Alamos, NM in partnership with the Los Alamos Fire Department. Work included remote mastication using FAE RCU75 systems capable of operating on slopes up to 55 degrees, targeting Ponderosa pine thinning and defensible space creation adjacent to private and county lands. Project scope encompassed multi-unit treatment areas — including Canyon Rim Trail, Horse Stables, and Canada Del Buey — with GIS-guided slope and vegetation complexity analysis, daily site documentation, and adaptive management protocols reflective of the complexity expected in FMZ 19.

Contact
Information
Van Leimer
(505) 695-4353
[email protected]
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6. PROPOSED COST FILE
Item Description Est. Period of
Performance
QTY Unit Price
Hand Crew
Fuel
Modification
(See Table 1)
15-person crew performing
FMZ 19 treatment in
accordance with City
protocols
10 - 15 Working
Days (July 1, 2026 -
June 30, 2027)

26.9 acres
$7,763 /acre
Project
Management
(See Table 2)
Our project management fees
are included in our per-acre
pricing.

Included in
/acre price
TOTAL $208,824
Table 1 – Field Personnel
Role QTY Description Hourly Rate
Crew
Supervisor
1 Not subject to Prevailing Wage – Senior field
supervisor managing all on-site crew activities
$120
Superintendent 1 Subject to Prevailing Wage – Operations superintendent overseeing multi-crew coordination
$102.64
Foreman 2 Subject to Prevailing Wage – Directing daily field operations
$102.64
Chainsaw
Operator
5 Subject to Prevailing Wage – Performing
mechanical vegetation removal
$76.64
Ground Crew
Laborer
6 Subject to Prevailing Wage – Performing manual
fuel modification tasks
$76.09
Table 2 – Project Management
Item QTY Description Hourly Rate
Project
Manager
1 Not subject to Prevailing Wage $120
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7. OTHER INFORMATION
Large Hazard Tree Removal Capability
BurnBot confirms that our team possesses the professional ability and specialized equipment necessary to remove large, mature, and complex hazard trees. Our crews hold Registered Professional Forester (RPF) credentials and have successfully completed numerous tree removal projects throughout Southern California and the greater state of California. Should large hazard trees within FMZ 19 require removal beyond standard fuel modification treatment, BurnBot is fully capable of performing this work and is prepared to establish an agreed-upon rate with the City at the time such trees are identified.
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-1- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

CITY OF LAGUNA BEACH

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement #__________ is made and entered into this _____ day of ________, 2026, 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 BurnBot Inc., a California Corporation, with its principal place of business at 310 Shaw Road, Suite D, South San Francisco, CA 94080 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of 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 Wildfire Mitigation Vegetation Reduction Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for Wildfire Mitigation Vegetation Reduction Services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Wildfire Mitigation Vegetation Reduction Services ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Attachment 3
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-2- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed two-hundred eight-thousand, eight-hundred twenty-four dollars ($208,824) 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.

3.2.2 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 non-disputed 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. Failure to submit an invoice within ninety (90) days of any service(s) or good(s) provided shall constitute an absolute waiver of any right to payment for such service(s) and/or good(s), and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 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.

3.3 Responsibilities of Consultant.

3.3.1 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 293
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connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 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 "B" 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.

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

3.3.4 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: Ford Ainslie, Director of Partnerships & Growth.

3.3.5 City's Representative. The City hereby designates Robert Montaghami, Fire Marshal, 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.

3.3.6 Consultant's Representative. Consultant hereby designates Ford Ainslie, Director of Partnerships & Growth, 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.

3.3.7 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.
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3.3.8 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 re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 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” or “B” 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.

3.3.9.2 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.

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to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 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. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 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.

3.3.10.3 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.

3.3.10.4 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.

3.3.10.5 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 296
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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 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.

3.3.10.6 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.

3.3.11 Insurance.

3.3.11.1 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.

3.3.11.2 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.
(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. (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. (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. 297
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(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.

3.3.11.3 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:
(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 non-payment of premium. (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.
(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) 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.
(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 298
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insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 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.

3.3.11.5 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.

3.3.11.6 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 self-insured retention.

3.3.11.7 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 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.

3.3.11.8 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.

3.3.11.9 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.
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3.3.11.10 Requirements 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.

3.3.11.11 Additional Insurance Provisions
(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.
(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.
(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.
(D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (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.
(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.
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(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.

3.3.11.12 Insurance 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.

3.4 Labor Code Requirements.

3.4.1 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.

3.4.2 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.
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3.4.3 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.

3.4.4 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 employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 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.

3.6 Indemnification.

3.6.1 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, 302
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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 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.

3.6.2 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.

3.7 General Provisions.

3.7.1 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.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 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.

3.7.2.2 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 303
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include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 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: BurnBot, Inc.
310 Shaw Road, Suite D
South San Francisco, CA 94080
ATTN: Ford Ainslie, Director of Partnerships & Growth
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Robert Montaghami, Fire Marshal
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). 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 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. 304
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UPDATED 2-2026

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 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.

3.7.4.4 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.

3.7.4.5 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 Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 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. 305
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-15- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
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.

3.7.5 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.

3.7.6 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.

3.7.7 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.

3.7.8 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 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.

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

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

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

3.7.12 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. 306
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-16- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
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.

3.7.13 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.

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

3.7.15 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.

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

3.7.17 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.

3.7.18 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.

3.7.19 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. 307
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-17- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

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

3.7.21 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.

SIGNATURES ON NEXT PAGE
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UPDATED 2-2026

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND
BURNBOT, INC.

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 BURNBOT, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dave Kiff
City Manager
Approved as to Form:
_____________________________________
City Attorney
Attested By:

City Clerk
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
Fuel Modification Zone 19 (FMZ 19) consists of 26.9 acres of undeveloped and generally unmodified land which involves steep, mountainous terrain with natural hazards such as presence of poison oak, rattlesnakes, ticks, spiders, and other wildlife and hazards. FMZ 19 is generally located behind homes with 100 feet of structural development. Access to the site is sometimes indirect, from the end of blocks of homes or off trails. FMZ 19, designated for new development, is generally in an unmodified natural state, comprised of established mixed chaparral or Coastal Sage Scrub.

In order to comply with environmental permitting, the City contracts with a qualified biologist who accompanies crews, identifies sensitive species and flags areas to be treated, and monitor vegetation removal for permit compliance. Vegetation management contractors are expected to work closely and cooperatively with monitors to achieve environmental permit compliance. Field operations require survey of work sites for nesting birds 48-hours prior to work initiation during the period between January 1 and September 15 each year, or as required by the qualified biologist and permitting. Bird survey work is conducted by the contract environmental monitors, who will notify the City and vegetation management contractors of site accessibility.

Environmental monitors will also be responsible for identifying native and non-native plants and shrubs.

Treatments within FMZ 19 will occur within 100 feet of combustible primary structures, excluding areas of irrigated and maintained ornamental vegetation, sensitive biological resources, certain areas of geological instability, and archeological or cultural sites, to create a native vegetative cover of approximately 50%, with all non-native plant material (including unmaintained ornamentals) and dead/dying plant material above 3 inches in diameter removed from the site.

The majority of existing root systems for perennial plants should remain intact, and regrowth on trees and large shrubs will be pruned (from below or from above, as appropriate) to reduce their original crown height by half, with no peeled bark or projecting stobs. The remaining vegetation will generally be in clumps no larger than 400 square feet and with at least 6 feet between clumps, with no additional large openings created. Haul paths will be minimized and mitigated. Areas of relatively low slope (i.e., below 33% or 1:3 grade) will be mulched with cut native vegetation to an adequate depth to minimize weed propagation and ongoing maintenance needs.

VEGETATION REMOVAL AND DISPOSAL:

All dead and cut material must be disposed of as follows: All non-native material and trash will be removed from the site, placed in a truck or dumpster and hauled to a green waste recycler in coordination with the project biologist (contractor will pay all dump fees). Native material may be chipped and used as mulch on-site in areas of moderate slope to help reduce erosion and weed propagation, up to a depth of one foot. Native material unable to be reused on site will be hauled to a green waste recycler, though efforts will be made to reuse as much native material on site as possible. Contractor is not responsible for removal of any large waste items that cannot be removed by hand (example: vehicles, refrigerators, etc.) Native vegetation under 3 inches in diameter, live or dead, may be processed with hand tools on site and spread in place as mulch, as an alternative to hauling and chipping, if it is cut into pieces 12 inches long or shorter, lays flat on the ground and total mulch depth does not exceed 12 inches. 310
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55852.00003\42823523.1
Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
All coarse non-native material (e.g., logs, woody debris, Pampas Grass leaves, Palm fronds, etc.), live or dead must be removed from the site, including any material dumped in the Project Area by residents or others. Complete removal of certain priority invasive species, including roots, may be required at the discretion of the project manager. Such species may include California Invasive Plant Council rated highly invasive species, California Native Plant Society Early-DetectionRapid-Response species, USDA listed species, High Priority species listed on the Natural Communities Coalition Priority List. Fine material treated with herbicide (e.g., non-native grasses and annual weeds) may be left on site with approval from the project manager.

New Development areas may require extensive hauling of green waste and related materials.

Trees Removal or Pruning:

Trees within the project area are subject to fuel modification or removal. The contractor will be tasked to remove non-native trees, or alternatively, to conduct pruning and thinning to remove ladder fuels/lower limbs to a height of 8 feet, remove dead limbs both on the ground and in the tree, and to remove crown density both within individual trees or groups of trees. Smaller dead trees may be removed by the contractor. Large/mature and complex dead trees may be exempted from treatment when removal requires skills of a professional arborist or requires specialized equipment to prevent damage to neighboring development, as determined by City staff. If the contractor possesses professional ability to remove such large, hazard trees, they may be removed by the contractor for an additional agreed-to rate.

WORK RESTRICTIONS AND DIRECTIVES:

Work is often conducted on private property within the City. The City has acquired owner permission to trespass in many cases, however communication with residents is often required prior to conducting site work. This responsibility rests with the City project manager and contract staff and is not the responsibility of the contractor.

Per the City Municipal Code, work will be performed during normal work hours (0700 to 1700, Monday through Friday). To the extent possible or practicable, work will be performed to minimize inconvenience to and disturbance of adjacent residents. Work is not permitted on Federal Holidays.

Work may be limited by weather conditions including rainfall or fire weather conditions. Under severe conditions the City may require a contractor to suspend performance until the adverse weather conditions are abated.

Work may be limited by saturated hillside conditions typical of mid-winter months. These restrictions generally apply during and immediately after heavy rainfall and include one to two days of drying post heavy rain. Work is dictated by the terms of environmental permitting, and the contractor must work with other City staff and contractors in assuring that areas to be treated are evaluated by biologists for environmental conditions as prescribed in permits, as required.

Contractors may be onsite when State or Federal agency inspectors conduct an unannounced inspection. In this case they shall inform City staff immediately of the inspector’s presence.

The contractor must report any accidents or property damage of any type occurring during the conduct of the City work to the City project manager.

Selected contractors shall obtain and maintain all City contractors required insurance and related requirements as a contract condition.
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55852.00003\42823523.1
Exhibit “A”-3 PROFESSIONAL SERVICES AGREEMENT
The selected contractor will not be required to meet competitive wages or other requirements unless stipulated in this solicitation, except as mandated by State or Federal law.

WORK SCHEDULING AND DELIVERY:

The contractor shall meet the following minimum conditions as a contract obligation:
• The contractor shall designate a senior project manager who shall set schedules and liaison with the City project manager as required. The contractor’s Senior manager shall be responsible for the provision of a weekly or monthly work schedule that meets the satisfaction of the City and shall manage any exceptions required.
• The contractor shall also assign a field supervisor daily to crews working in the field. The supervisor must be fluent in English and the primary language of other employees assigned.

To the extent possible, the contractor shall consistently assign the same supervisory personnel to the City work. If multiple crews are operating simultaneously, the field supervisor will serve as the primary supervisor for all crews.
• The contractor shall field an average minimum crew of six personnel (including the supervisor) to City FMZ’s under maintenance daily, Monday-Friday, except holidays, so long as contracted work areas remain available for treatment. The contractor shall report monthly on its daily worksite staffing. (Crew staffing accountability will be averaged over a month-long period and may flex within the 30-day period as needed). If necessary to meet the scheduled timeline, the contractor will be required to field additional personnel. • The contractor shall accomplish clearance at an average rate of 0.5 acre per day or greater in new development FMZ’s, calculated on a 30-day average. • The contractor will be responsible for placement of straw wattles, jute netting or similar erosion control at the direction of City staff or the project manager for the purposes of post-clearance erosion control. Erosion control materials will be acquired by the contractor for this purpose as requested by City staff and reimbursed at cost plus 5%. Erosion control activities shall be incorporated by the contractor into the cost of fuels modification. • The City project manager may adjust these conditions given environmental or other circumstances, as required.
• The use of herbicide is strictly prohibited for the implementation of Zone 19. • The City’s project manager will direct scheduling and inspect quality assurance, then provide the contractor with at least two weeks’ notice when work needs to be conducted. The city staff or project manager will also certify treated work areas as complete. • The contractor’s proposal shall reflect a per acre cost basis.

Personnel working on the project must be able to demonstrate thorough competence and documentation of training in the following areas:
• Project Orientation (purpose of project, site, methods, mitigation measures, etc.) 312
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55852.00003\42823523.1
Exhibit “A”-4 PROFESSIONAL SERVICES AGREEMENT
• Site Environmental permits and associated requirements (instruction by City or other contract staff to be provided)
• Chainsaw Safety – Safe Operational Use and Safety Equipment/Clothing • Plant & Wildlife Safety (e.g., Poison Oak, Bushrue, Rattlesnake, Ticks, etc.) • Fire Safety (including fire extinguisher training)
• Working on Steep Slopes
• Working in Hot Weather
• Plant and Wildlife Identification (with focus on special-status species) • Fuel Modification Standards and Percent Cover Goals for Project • Pruning Techniques
• Low Impact Ingress, Egress and During Implementation
WORKER TRAINING:

Annually, the City project manager will conduct on-site training of up to 4 hours in length to address and/or review any of the above subjects, as necessary. Some of this training will apply to all workers and some only to the crew foremen. The contractor will maintain records and document worker training.

If, during project implementation, the City project manager identifies additional training needs to assure worker safety and/or meet project objectives, additional worker training may be required.

FIRE, SAFETY, AND AIR QUALITY:
• All personal protective equipment (PPE) must be in a serviceable condition, and the contractor is responsible for providing all workers with access to and use of PPE. • All personnel operating chainsaws must always wear required PPE, including leather boots, gloves, long pants, chainsaw chaps, hard hat, appropriate eye protection (ANSI Z87) and ear protection (NRR of 33 recommended).
• All personnel operating power tools other than chainsaws or working within 50 feet of a power tool being operated will wear all applicable PPE mentioned above except for chaps. • All other workers in the area will wear all appropriate PPE mentioned above except for chaps, hard hat, and ear protection.
• Snake gaiters are recommended for all workers (other than chainsaw operators). • Chainsaws, brush cutters, chippers and other power tools must be in serviceable condition and all factory-installed safety devices must be functioning (i.e., chain brake, chain catcher, 313
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Exhibit “A”-5 PROFESSIONAL SERVICES AGREEMENT
throttle-trigger interlock, spark arrestor, etc.). Chains are to be kept sharp and properly tensioned, and cuts made at full throttle to reduce chances of kickback. • Chainsaws will be operated in accordance with CAL/OSHA Regulations (California Code of Regulations, Title 8, Sections 3225 and 6283).
• Workers will maintain adequate spacing when using chainsaws and other power tools (i.e., at least 10 feet or 1 ½ the height of vegetation, whichever is greater). Workers will avoid working directly downhill of other workers whenever practicable. • Workers will exercise extreme care when operating on steep slopes, making sure that they have stable footing before making cuts, and working from the uphill of vegetation being cut whenever practicable. Workers will exercise care to avoid objects rolling or sliding downhill as well. The chain brake will be engaged at any time when more than 2 steps are being taken between cuts, whenever a hand is removed from the saw and before starting or re-starting the engine.
• When a woody plant is to be fully removed, it will be cut parallel to the ground and within 4 inches of the ground to avoid creating tripping/impalement hazards. • Contractors shall comply with the CAL/OSHA Heat Illness Prevention Program, Title 8, Section 3395).
• Sanitary facilities meeting the standards of State and local laws will be provided as necessary by the contractor for all contractor personnel. WORKER SAFETY • Contractor will furnish flagmen for hazardous traffic situations whenever deemed necessary by the project manager, LBFD personnel, crew foreman or local regulations. • Contractor shall provide and restock as necessary at least one basic first aid kit at each staging area. First aid kits and their use shall comply with applicable CAL/OSHA standards (California Code of Regulations Title 8, Section 1512). • All chainsaws and other gasoline-powered tools will be operated with functional spark arrestors in place. Care will be taken to avoid setting down power tools in combustible materials (e.g., dry grass, etc.).
• Chains will be kept sharp and properly tensioned and lubricated and cuts will be made to reduce binding and the chance of creating sparks or burning. Use of vegetable-based chain lubricants is recommended to minimize contamination of the area with petroleum-based products.
• All power tools will be fueled in an area clear of fire hazards. Tools will be allowed to cool for 5 min before refueling. Equipment will be started at least 10 feet away from the fueling area.

Fueling over a plastic tub is recommended. Fuel spills will be cleaned up immediately. Engine fuel is not to be used as a cleaning solvent.
• Chainsaws and other power tools will not be used in the Project Area on days when there is a Red Flag Warning in place.
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Exhibit “A”-6 PROFESSIONAL SERVICES AGREEMENT
• Appropriate firefighting backpack water pumps and a set of basic firefighting hand tools (spade, McLeod and Pulaski or similar tool complement) will be kept at each staging area. In work zones where parts of the treatment area are more than 300 feet from a staging area, additional fire caches will be staged (and their location communicated to all workers) so that there is always at least one fire cache within 300 feet of where power tools are being used. • No smoking will be permitted within the Project Area at any time. • Vehicles driven into the treatment area will be parked only in areas cleared of all flammable vegetation.
• Chainsaws and other gasoline-powered tools will not be operated on days where the Air Quality Index (AQI) is Orange or higher. Current local AQI information can be obtained at the Environmental Protection Agency’s website: airnow.gov.

EROSION CONTROL:

Prevention:
• When hauling brush, efforts will be made to use different routes when practicable to avoid creating skid trails. Haul routes should, wherever practicable, cut across slopes at a low angle and avoid the fall line (i.e., straight down a slope). When feasible, brush will be carried off the ground instead of dragging to minimize damage to remaining vegetation. • Work will not be conducted in the treatment area during or for 2 days after a significant rainfall event (more than 0.25 inches) in order to avoid compaction and skid damage to the soil (and to maintain worker safety) unless the project manager visits the work area and determines that the soil is dry enough to avoid damage or undue risk to workers.

Mitigation:
• Existing erosion control measures will be evaluated to determine what needs to be repaired or replaced to maintain effective erosion control in areas where it is still necessary. Measures utilized may include weed-free burlap straw wattles, jute netting, all-natural fiber mats, mulching and/or seeding with a suitable mixture of native plants. The visual appearance of the area will be considered when choosing appropriate erosion control measures and determining how they are to be implemented.
• The area will be monitored by the contractor after each significant rain event to determine the effectiveness of erosion control measures and amend them as necessary. 315
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION
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1 AMENDMENT NO.1 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

CITY OF LAGUNA BEACH
AND

LAGUNA CANYON FOUNDATION

1. Parties and Date.

This 1st Amendment to the Professional Services Agreement (“Amendment”) is made and entered into this_____ day of June 2026, by and between the City of Laguna Beach (“City”) and Laguna Canyon Foundation. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment.

2. Recitals.

2.1 City and Consultant entered into that certain Professional Services Agreement dated September 16, 2024 (“Agreement”), whereby Consultant agreed to provide project management services.

2.2 City and Consultant now desire to amend the Agreement for the 1st time to revise the scope of services.

3. Terms.

3.1 Revised Scope of Services. The Services to be provided by Consultant shall be revised to include the Services set forth in Exhibit “1” attached hereto and incorporated by this reference.

3.2 Compensation. The total compensation shall increase by twenty thousand one hundred twenty-four dollars ($20,124.00) so that the total amount paid for services rendered by Consultant under the Agreement shall not exceed one million forty thousand two hundred six dollars ($1,040,206.00).

3.3 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

3.4 Adequate Consideration. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. Consultant further accepts the terms and conditions of this Amendment as full and final resolution of any and all claims, asserted or otherwise, arising out of or related to the subject of this Amendment and acknowledges that the compensation and/or additional time, if any, set forth herein is adequate and comprises the total compensation and/or time due for the change(s) included in this Amendment.

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

Attachment 4
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2 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first herein above written.

CITY OF LAGUNA BEACH LAGUNA CANYON FOUNDATION
By: By:
(Authorized Representative of Consultant)
Printed Name: Printed Name:

Title: Title:

Dated: Dated:
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3 EXHIBIT 1
TO AMENDMENT NO. 1
[ATTACHED]
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Contact: Ryan Neace
Revision Date: June 4, 2026
Task hours Contractor/Staff *Unit Price cost
Management 55 Manager $ 156.00 $ 8,580.00
Training & Oversight 111 Staff $ 104.00 $ 11,544.00
**Fixed Rate Total: $ 20,124.00
**Proposal covers additional hours to those included in the current contract (Agreement #23-173) Deliverables: Training, oversight, & management of fuel modification contractors, and increased coordination with Fire Dept staff for the initial construction of FMZ 19 (approx 27 acres). *$104/hour for staff, $156/hour for managers, $208/hour for senior staff.

City of Laguna Beach, Fire Department
Cost Proposal for FMZ 19 Initial Construction: Additonal Managemant & Oversight FMZ 19 Initial Construction: Additional Management & Oversight 321
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STAFF REPORT
Meeting Date:

June 23, 2026

CONSENT
16 SUBJECT: APPROVAL OF AN AMENDED PURCHASING POLICY AND PROCEDURES (CITY COUNCIL POLICY NO. 4.2)
RECOMMENDATION: It is recommended that the City Council:

1. Rescind Administrative Policy No. 1-9, Purchasing Policy and Procedures;

2. Adopt City Council Policy No. 4.2, Purchasing Policy and Procedures, to be included in the City Council Policy and Procedures Manual; and

3. Find that the recommended action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.

SUMMARY OF THE MATTER
The City’s Purchasing Policy, Administrative Policy No. 1-9, was adopted by the City Council on October 14, 2025 and became effective on November 28, 2025, concurrently with the City's updated Purchasing Ordinance. Since implementation of that Policy under the new Ordinance, staff have identified opportunities to improve clarity, align contract requirements with procurement risk, and reduce administrative burden for routine purchases. Accordingly, staff recommends Council adopt the revised Purchasing Policy to reflect these identified efficiencies.

Staff further recommends moving the Purchasing Policy from the Administrative Policy Manual to the City Council Policy and Procedure Manual. This recommendation is consistent with the City's ongoing effort to establish a clear and comprehensive City Council Policy and Procedures Manual, including by distinguishing between policies that establish legislative direction that require City Council approval (and are therefore included in the City Council Policy and Procedures Manual), and administrative policies that govern the day-to-day management and operation of City functions that are appropriately adopted by the City Manager (and therefore included in the City’s Administrative Policy Manual).1 Adoption of the proposed City Council Policy No. 4.2 will supersede and replace Administrative Policy No. 1-9 and enshrine the policy in the formal City Council Policies.

DISCUSSION
Since adoption of the Purchasing Policy last fall, staff has worked with departments across the City to administer the policy and identify opportunities for improvement. The proposed revisions to that policy clarify requirements, improve efficiency, and maintain existing procurement controls. 1 Historically, certain policies contained within the Administrative Policy Manual have been adopted by the City Council, while others have been adopted administratively through the City Manager's Office. This has created uncertainty regarding the authority required to amend particular policies and has made it difficult to determine from the face of a policy whether City Council approval is required. Reclassifying policies as either City Council Policies or Administrative Policies promotes consistency, clarifies administrative authority, and improves the City's ability to efficiently maintain and update procedures. 1 of 717

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A key revision involves contract requirements. The current policy requires a written contract for all purchases exceeding $10,000, regardless of purchase type. Staff has found this creates unnecessary administrative processing for routine purchases of standard/run-of-the-mill goods and commodities that are adequately documented through a City-issued Purchase Order.

To better align contract requirements with procurement risk, Finance Department staff recommends increasing the mandatory contract threshold for goods and commodities from $10,000 to $30,000. This does not preclude use of the City’s template agreement; rather, it just provides more flexibility for standard purchases. A review of procurement practices among local agencies (see Attachment 3) found that contract requirements are commonly based on procurement risk, purchase type, and delegated purchasing authority rather than a blanket dollar threshold. Routine purchases of goods and commodities are typically managed through purchase orders and standard terms and conditions, while formal contracts are reserved for higherrisk procurements, professional services, construction-related services, and purchases requiring formal solicitation procedures.

The proposed threshold aligns with the existing approval authority granted to Department Directors for purchases up to $30,000 and allows staff to focus contract administration efforts on procurements that present greater operational, legal, or financial risk. An updated Purchasing Policy is attached as Attachment 1; a redlined version of the existing policy is attached as Attachment 2.

Under the proposed policy:
• Goods and Commodity purchases (supplies, materials, tools, minor equipment, off-the-shelf, catalog, or stock items) would require a written contract only when the purchase exceeds $30,000.

Purchases at or below $30,000 may be completed using a City-issued Purchase Order containing the City's standard terms and conditions. This proposal does not preclude use of the City’s template agreement – just provides the option to rely upon the City-issued Purchase Order should the situation call for it. For purchases below $30,000 where the City’s template agreement is not used, a City-issued Purchase Order with standard terms and conditions will serve as the binding agreement. While the City’s template agreement has more formal protections, the flexibility proposed by this proposed modification may allow the City to more efficiently procure certain items. However, this is ultimately a judgment/policy decision for the City Council. • All other purchase types would continue to follow the existing $10,000 contract threshold requirements contained in the current policy.

The proposed revisions also formalize existing exemptions for certain expenditure categories, including memberships and professional dues, outside legal services, employee benefits, utilities, postage, permits, licenses, and government fees. These expenditures generally involve fixed pricing, statutory obligations, or limited-source providers and do not typically benefit from competitive procurement.

Finally, staff recommends transitioning the Purchasing Policy to a City Council Policy, proposed to be adopted as City Council Policy No. 4.2, in lieu of an Administrative Policy, because this policy establishes 2 of 717

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procurement procedures and approval authorities applicable to all City departments and relates to expenditure of City funds. As noted above, as part of this action, it is also recommended that the City Council rescind Administrative Policy No. 1-9, which is the previously adopted Purchasing Policy.

FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.

ENVIRONMENTAL ANALYSIS
This action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378, as it involves the approval of an internal administrative purchasing policy, update to the City’s Purchasing System ordinance, and resolution to formally become subject to the Uniform Public Construction Cost Accounting Act. None of these actions commit the City to a specific development proposal or result in a physical change to the environment.

ATTACHMENTS

1. Purchasing Policy (Council Policy No. 4.2) - updated version (Pgs. 4-21)

2. Purchasing Policy (Administrative Policy No. 1-9) – redlined version (Pgs. 22-42)

3. Purchase Order and Contract Authority - Orange County Data (Pg. 43) Submitted By: .Michelle Bannigan Approved: .David A Kiff Michelle Bannigan, Director of
Administrative Services
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Eva Pierce, Procurement Officer Patrick Donegan, Assistant City Attorney 3 of 717

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Effective
Last Rev. 06-2026

PURCHASING POLICY AND PROCEDURES
PURPOSE: This document defines the policies and procedures for the purchase of supplies, equipment and services for the City of Laguna Beach, and is in conformance with the requirements of Federal and State law, Laguna Beach Municipal Code (“LBMC”) Chapter 2.30.

In the event of any conflict between this Purchasing Policy and the LBMC or Federal and State law, the LBMC and Federal and State law shall govern. The City’s purchasing philosophy is to ensure fiscal stability and efficiency in governance through the procurement of goods, services, and public projects at the best quality and value in an open and competitive market. The City strongly encourages broad participation in the procurement process.

This policy applies to all City departments, officers, and employees involved in any procurement activity, including purchases made using grants or federal/state financial assistance. When federal or state funding agency requirements are more restrictive than this policy, the more restrictive requirement governs.

GENERAL POLICY:

Responsibilities:

The Departments are responsible for following proper policies and procedures as laid out in this Purchasing Policy. The Director of Finance shall be responsible for recommending additions, deletions and amendments to the City of Laguna Beach Purchasing Policy.

Definitions:
a. The following definitions apply throughout this policy. Emergency: A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
b. General Services: Furnishing of labor, time, or effort by a contractor for services as the city may, from time to time, find necessary and proper for the functioning of the City.

Examples include, but are not limited to, janitorial, uniform cleaning and other services which do not require any unique skill, special background or training. c. Capital Asset: Equipment, Machinery, and/or Vehicles costing more than $10,000 with a useful life greater than one year which require reporting, tagging and tracking as well as calculating and recording depreciation
d. Commodities: Supplies, materials tools and minor equipment typically consumed within Attachment 1
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Laguna Beach City CouncilJune 23, 2026

Laguna Beach City Council
June 23, 2026