Agenda packet, regular meeting — Laguna Hills City Council, June 14, 2022 (part 1 of 3)

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING AGENDA
Tuesday, June 14, 2022 – 7:00 PM
(Closed Session at 6:00 PM when scheduled)
Dave Wheeler, Mayor
Janine Heft, Mayor Pro Tempore Don Caskey, Council Member Erica Pezold, Council Member Don Sedgwick, Council Member Location: City Council Chamber, 24035 El Toro Road, Laguna Hills, CA 92653 Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council/Planning Agency. Completion of the form is voluntary. All persons may attend the meeting regardless of whether this form is completed.

Members of the public wishing to address the City Council can do so during the Public Comments portion of the Agenda with a time limitation of three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item
Submission of Electronic Public Comments: While you may attend this meeting in person, those wishing to make electronic public comments may submit their comments by email to the City Clerk at [email protected], by 5:00 p.m. on June 14, 2022. In the subject line of the email, please state your name and the item number you are commenting on. Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. If you wish to submit a public comment on more than one agenda item, please send a separate email for each item you are commenting on. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council in advance to allow time for the Council Members to read them.

Announcement of Electronic Public Comments: During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all email comments received by 5:00 p.m. on June 14, 2022. Email comments will NOT be read by the City Clerk during the meeting. Electronic public comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. The email comments, including your name, will become part of the record of the City Council meeting and will be public information.

City of Laguna Hills City Council/Planning Agency Tuesday, June 14, 2022 Regular Meeting Agenda
2 GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.

INVOCATION: Pastor Leland Lantz of Lutheran Church of the Cross PLEDGE OF ALLEGIANCE: Council Member Caskey

ROLL CALL OF CITY COUNCIL MEMBERS

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Crime Prevention Specialist Presentation
Recommendation: That the City Council receive a presentation on Crime Prevention from Alyssa Rabas, Laguna Hills Crime Prevention Specialist.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Recommendation: That the Assistant City Clerk announce the upcoming City events in the months of June and July 2022.

3. PUBLIC COMMENTS
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes.

4. CONSENT CALENDAR
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.

4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

City of Laguna Hills City Council/Planning Agency Tuesday, June 14, 2022 Regular Meeting Agenda
3 4.2 Approval of Minutes for May 24, 2022, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the May 24, 2022, Regular Meeting.

4.3 Approval of Minutes for June 2, 2022, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the June 2, 2022, Special Meeting.

4.4 Approval of Minutes for June 9, 2022, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the June 9, 2022, Special Meeting.

4.5 Ratification of June 14, 2022, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from May 13, 2022, to June 2, 2022, in the amount of $1,148,802.

4.6 Direction Regarding Unscheduled Vacancy for Parks and Recreation Commission
Recommendation: That the City Council: 1) Accept the resignation of Julie Nassif, Parks and Recreation Commissioner, effective June 3, 2022; and 2) Direct Staff to proceed with the appointment process to fill the unscheduled vacancy on the Parks and Recreation Commission, per Government Code Section 54974, and Laguna Hills Municipal Code Section 2-28.080.

4.7 Proposed Civic Center Office Lease with Fay Blix, an Individual, for 24031 El Toro Road, Suite 301, Laguna Hills, California
Recommendation: That the City Council approve an office lease with Fay Blix, an Individual, for 24031 El Toro Road, Suite 301, Laguna Hills, California, and authorize the City Manager to execute the Lease.

4.8 Approval of the Plans and Specifications and Authorization to Advertise for Bids for Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505A
City of Laguna Hills City Council/Planning Agency Tuesday, June 14, 2022 Regular Meeting Agenda
4 Recommendation: That the City Council: 1) Approve the plans and specifications and authorize the advertisement for bids for cooling tower system replacement at the Laguna Hills Civic Center, CIP No. 505A; and 2) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - Existing Facilities. The proposed project will result in replacement of existing cooling tower system equipment with a like unit at an existing City building constructed in 2004.

4.9 Purchase or Lease of an Electric Fleet Vehicle for the City Manager Pursuant to the City Manager Employment Agreement and Chapter 3-08 of the Laguna Hills Municipal Code
Recommendation: That the City Council: 1) Approve the purchase or lease of an electric vehicle pursuant to LHMC Sections 3-08.130 and 3-08.080; and 2) Authorize the appropriation and use of funds not-to-exceed $50,000 from the City’s AB 2766 Subvention Fund for the purchase or lease of an electric vehicle pursuant to LHMC Section 3-08.060.

4.10 Approval of Fiscal Year 2022-2023 Law Enforcement Services Agreement with the County of Orange
Recommendation: That the City Council approve the Fiscal Year 2022/2023 Law Enforcement Services Agreement between the County of Orange and the City of Laguna Hills and authorize the Mayor to execute the Agreement.

4.11 Legislative Update for the 2022 Legislative Session Recommendation: That the City Council affirm the City Recommended Positions listed in the Legislative Update.

4.12 A Resolution to Support Temporary Gas Tax Suspension with No Loss of Revenue to Local Municipalities
Recommendation: That the City Council adopt a Resolution entitled: “A Resolution of the City Council of the City of Laguna Hills, California, Requesting a Temporary, Six-Month Suspension of the State Gas Tax."

4.13 Proposed Business Attraction and Retention Contractual Services Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022/2023 and a Related Budget Amendment
City of Laguna Hills City Council/Planning Agency Tuesday, June 14, 2022 Regular Meeting Agenda
5 Recommendation: That the City Council: 1) Approve the proposed “Business Attraction and Retention Contractual Services Agreement" between the City of Laguna Hills and the Laguna Hills Chamber of Commerce; 2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021/2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services"; and 3) Authorize the Mayor or the Mayor Pro Tempore to execute the Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. PLANNING AGENCY

5.1. ROLL CALL OF PLANNING AGENCY MEMBERS

5.2. PUBLIC COMMENTS
This is the time to address the Planning Agency on any matter not listed on this Agenda that is within the subject matter jurisdiction of the Planning Agency.

Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes.

5.3. APPROVAL OF MINUTES

5.4. ADMINISTRATIVE REPORTS

5.5. PLANNING AGENCY PUBLIC HEARINGS

5.5.1 Conditional Use Permit (CUP) No. USE-0089-2022, a Request by John Ramirez to Establish a Veterinary Clinic, Rise Pet Care, in an Existing 20,000 Square-Foot Tenant Space Located at 24721 Alicia Parkway, Suite A
Recommendation: That the Planning Agency: 1) Conduct a public hearing; 2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and 3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, approving Conditional Use Permit (CUP) No. USE-0089-2022, a request by John Ramirez, on behalf of Rise Pet Care, to establish a veterinary clinic in an existing 20,000 square-foot tenant space located at 24721 Alicia Parkway, Suite A, including an exemption from the California Environmental Quality City of Laguna Hills City Council/Planning Agency Tuesday, June 14, 2022 Regular Meeting Agenda
6 Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”

PLANNING AGENCY ADJOURNMENT

6. CITY COUNCIL PUBLIC HEARINGS

6.1 Residential and Commercial Rate Adjustments Relating to State Mandated (SB 1383) Organic Waste Recycling Requirements and Proposed Amendment No. 2 to Franchise Agreement with CR&R Incorporated
Recommendation: That the City Council:
1) Receive staff presentation and report and receive City Clerk report on written property owner protests;
2) Ask questions of staff;
3) Open the public hearing;
4) Receive public testimony;
5) Close the public hearing; and
6) If less than 5,086 written protests were received by the City, by motion, approve Amendment No. 2 to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and For the Collection and Transportation of Recyclable Materials to Processors for Diversion between the City of Laguna Hills and CR&R Incorporated.

7. ADMINISTRATIVE REPORTS

7.1. City Manager

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1 Laguna Hills Heritage Day
Recommendation: Mayor Pro Tempore Heft recommends that the City Council establish Heritage Day as its third signature annual event for the residents of and around Laguna Hills.

City of Laguna Hills City Council/Planning Agency Tuesday, June 14, 2022 Regular Meeting Agenda
7 9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1. Committee Assignment Reports
Recommendation: That the City Council receive oral reports on the following City Council Committee Assignments:

1. Orange County Fire Authority Board of Directors
(Council Member Sedgwick) May 26, 2022 Meeting.

2. Association of California Cities - OC Legislative and Regulatory Commission Meeting
(Mayor Dave Wheeler) May 26, 2022 Meeting.

3. OC Public Libraries Library Advisory Board
(Mayor Wheeler) May 26, 2022 Meeting.

4. South OC Watershed Management Area Executive Committee (Mayor Wheeler) May 26, 2022 Meeting.

10. CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
The next Regular Meeting of the City Council/Planning Agency will be June 28, 2022, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

CERTIFICATION
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by June 10, 2022, at 5:00 p.m.

June 10, 2022
City Clerk Date
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (949) 707-2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours.

City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Jennifer Lee
Assistant City Clerk
ISSUE: Schedule of Future Events
RECOMMENDATION: That the Assistant City Clerk announce the upcoming City events in the months of June and July 2022.

SUMMARY:

The following is a list of upcoming events in the months of June and July 2022:

Rooted Volunteer Planting Event
Saturday, June 18, 2022, 9:00 a.m., Alicia Parkway exit slope Regular City Council Meeting
Tuesday, June 28, 2022, 7:00 p.m., Laguna Hills Civic Center Council Chamber Fourth of July
Monday, July 4, 2022, City Hall Offices will be closed
Fourth of July Celebration
Fields open at 4:00 p.m., Fireworks start at 9:00 p.m., Laguna Hills Sports Complex Regular City Council Meeting
Tuesday, July 12, 2022, 7:00 p.m., Laguna Hills Civic Center Council Chamber City Council Candidate’s Filing Period for Nomination Papers Monday, July 18, 2022 through Friday, August 12, 2022, 5:00 p.m.

2.1 Packet Pg. 8
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager/City Clerk
ISSUE: Approval of Minutes for May 24, 2022, Regular Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the May 24, 2022, Regular Meeting.

ATTACHMENTS:
• 220524 CC Minutes

4.2 Packet Pg. 9

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, May 24, 2022
GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 6:59 p.m. by Mayor Wheeler.

INVOCATION: Pastor Kathleen Bratun of The Connection Church PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Heft

ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Dave Wheeler Mayor Present
Janine Heft Mayor Pro Tempore Present
Don Caskey Council Member Present
Erica Pezold Council Member Present
Don Sedgwick Council Member Present

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison
The City Council received an oral report from Laguna Hills High School 2022 Spring Student Liaison Kaitlyn Heinecke.

1.2 Certificates of Recognition for Laguna Hills High School Student Liaisons Kaitlyn Heinecke and Austin Kays
Mayor Wheeler presented Certificates of Recognition to Kaitlyn Heinecke and Austin Kays recognizing their service as the Laguna Hills High School 2022 Spring Student Liaisons.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Assistant City Clerk Lee announced the upcoming City events in the months of May and June 2022.

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Packet Pg. 10
Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 24, 2022 Regular Meeting Minutes
2 3. PUBLIC COMMENTS
There were no public comments on non-agendized items.

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Council Member Pezold removing Item No. 4.6.

RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council Member; Don Sedgwick, Council Member

4.2 Approval of Minutes for May 3, 2022 Special Meeting Recommendation: That the City Council approve the City Council Minutes for the May 3, 2022, Special Meeting.

4.3 Approval of Minutes for May 10, 2022 Regular Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the May 10, 2022, Regular Meeting.

4.4 Ratification of May 24, 2022, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from April 29, 2022, to May 12, 2022, in the amount of $364,719.98.

4.5 Records Retention Management
Recommendation: That the City Council adopt Resolution No. 2022-05-24-1: "A Resolution of the City Council of the City of Laguna Hills, California, authorizing and directing the City Clerk to dispose of certain City records in accordance with the City's Record Retention Schedule."

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Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 24, 2022 Regular Meeting Minutes
3 4.7 Progress Payment No. 5, Final, for Citywide Pavement Rehabilitation, CIP No. 101-L & Ridge Route Drive Pavement Resurfacing, CIP No. 188 Recommendation: That the City Council approve Progress Payment No. 5, Final, in the net amount of $4,389.00, and Contract Change Order No. 1, to Petrochem Materials Innovation, LLC., for Citywide Pavement Rehabilitation, CIP No. 101-L & Ridge Route Drive Pavement Resurfacing, CIP No. 188, and authorize the filing of the Notice of Completion and subsequent release of retention in 35 days, if no liens have been filed.

4.8 Residential Permit Parking Area and No Parking Zone for Street Sweeping Purposes on Certain Streets in the Stockport Park Residential Neighborhood Northerly of Alicia Parkway
Recommendation: That the City Council: 1) Find and determine that the proposed permit parking controls are not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 2) Adopt Resolution No. 2022-05-24-2: "A Resolution of the City Council of the City of Laguna Hills, California, establishing a Residential Permit Parking Area and a no parking zone during days and hours of street sweeping on certain streets in the Stockport Park residential neighborhood northerly of Alicia Parkway".

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.6 Progress Payment No. 1, Final, for LH on the Hill Letter Display, CIP No. 403
Council Member Pezold removed Item No. 4.6 from the Consent Calendar to indicate she would like to direct Staff to provide lighting options to the Council for the LH on the Hill.

Recommendation: That the City Council approve Progress Payment No. 1, Final, in the net amount of $35,014.15, to Nieves Landscape, Inc., for LH on the Hill Letter Display, CIP No. 403, and authorize the filing of the Notice of Completion and subsequent release of retention in 35 days, if no liens have been filed.

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Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 24, 2022 Regular Meeting Minutes
4 RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council
Member; Don Sedgwick, Council Member

5. PLANNING AGENCY
There were no separate Planning Agency Business Items for this meeting.

6. CITY COUNCIL PUBLIC HEARINGS
There were no City Council public hearings.

7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.1.1 Support for Senate Bill 904 (Bates)
City Manager Hildenbrand reviewed the information provided in the staff report.

Recommendation: That the City Council affirm the position of Support on Senate Bill 904.

RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Don Caskey, Council Member;
Erica Pezold, Council Member; Don Sedgwick,
Council Member

7.1.2 Opposition to Assembly Bill 2011 (Wicks)
City Manager Hildenbrand reviewed the information provided in the staff report.

Recommendation: That the City Council affirm the position of Oppose on Assembly Bill 2011.

RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member

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Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 24, 2022 Regular Meeting Minutes
5 AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Don Caskey, Council Member;
Erica Pezold, Council Member; Don Sedgwick,
Council Member

7.2. Community Development Director

7.2.1 Third Public Review of the Draft 2021-2029 Housing Element Update
Community Development Director Longenecker provided introductory comments on the item.

Nicole West, AICP, Senior Associate, PlaceWorks, provided a PowerPoint presentation and responded to Council Member requests for additional information.

The following individual submitted an electronic public comment on this item that was received, forwarded to the Council prior to the meeting, and announced into the record by Assistant City Clerk Lee:

Dennis Vaccaro, Managing Principal with Value Rock Investment Partners submitted an email reiterating the desire to have Moulton Plaza on the list of potential housing sites.

The following individuals address the City Council on this item:

Rona Henry, Ann Owens, Kate Van Camp, Sheryl Sterry, Denise Legters, Bruce Johnson, John Mendonca, and Scott Cebula
Recommendation: That the City Council: 1) Receive a presentation on the revised Housing Element Update; 2) Direct Staff to submit the Housing Element Update to HCD for review; and 3) Direct Staff to prepare both the Housing Element Update and Safety Element Update for public hearing adoption consideration at the City Council’s regularly scheduled meeting of June 28, 2022.

RESULT: APPROVED [3 TO 2]
MOVER: Erica Pezold, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Erica Pezold, Council Member
NAYS: Don Caskey, Council Member; Don Sedgwick,
Council Member

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Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 24, 2022 Regular Meeting Minutes
6 8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS There were no matters agendized by City Council Members.

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1. Committee Assignment Reports
Recommendation: That the City Council receive oral reports on the following City Council Committee Assignments:

1. OC Mosquito and Vector Control District Board of Trustees (Council Member Pezold) May 19, 2022 Meeting.

Council Member Pezold provided an oral report.

2. Orange County Mayors
(Mayor Wheeler) May 12, 2022 Meeting.

Mayor Wheeler provided no report.

10. CITY COUNCIL MEMBER COMMENTS
Council Member Pezold
Council Member Pezold expressed her appreciation for the recent hire of a new City Manager and her excitement for the future of the City.

Council Member Pezold requested that a discussion regarding development of an Economic/Business Development Ad Hoc Committee be agendized for a future meeting and received a second from Mayor Pro Tempore Heft.

Council Member Pezold requested that a discussion regarding development of a City Beautification Ad Hoc Committee be agendized for a future meeting and received a second from Mayor Pro Tempore Heft.

Council Member Pezold requested that a discussion regarding directing Staff to provide options for lighting of the LH on the Hill be agendized for a future meeting and received a second from Mayor Wheeler.

Mayor Pro Tempore Heft
Mayor Pro Tempore Heft requested that a discussion regarding development of a Community Event Ad Hoc Committee be agendized for a future meeting and received a second from Council Member Pezold.

Mayor Pro Tempore Heft encouraged Council Members to attend the Memorial Day Half Marathon, 5k, 10k event and wished everyone a Happy Memorial Day.

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Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 24, 2022 Regular Meeting Minutes
7 Mayor Wheeler
Mayor Wheeler reported that he will be attending a Memorial Day event at the El Toro Memorial Park.

Council Member Sedgwick
Council Member Sedgwick spoke regarding the Memorial Day Half Marathon, 5k, 10k event honoring the USMC 3/5 Battalion.

Council Member Sedgwick welcomed City Manager Hildenbrand and expressed his excitement to have him on board.

Council Member Sedgwick voiced an idea to have a workshop for City Council Members on roles, responsibilities, and working as a cohesive group.

Council Member Caskey
Council Member Caskey welcomed City Manager Hildenbrand.

Council Member Caskey agreed with Council Member Sedgwick’s comments regarding a workshop for City Council Members.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 8:52 p.m.

Melissa Au-Yeung, City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of June 14, 2022

4.2.a
Packet Pg. 16
Attachment: 220524 CC Minutes (2872 : Approval of Minutes for May 24, 2022 Regular Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager/City Clerk
ISSUE: Approval of Minutes for June 2, 2022, Special Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the June 2, 2022, Special Meeting.

ATTACHMENTS:
• 220602 CC Special Minutes

4.3 Packet Pg. 17

CITY OF LAGUNA HILLS

CITY COUNCIL

SPECIAL MEETING

MINUTES
Thursday, June 2, 2022

CALL TO ORDER
The meeting was called to order at 2:00 p.m. by Mayor Wheeler.

PLEDGE OF ALLEGIANCE: Council Member Pezold

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: (1 potential case)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9
Name of Case: Californians for Homeownership, Inc., a California nonprofit public benefit corporation, vs. City of Laguna Hills; Orange County Superior Court Case No. 30-2022-01255365-CU-WM-CJC; Verified Petition for Writ of Mandate.

PUBLIC COMMENTS
There were no public comments on the closed session item.

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR COUNCIL CHAMBER

CONVENE INTO CLOSED SESSION
The City Council convened into closed session to consider the matter(s) listed above.

4.3.a
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Attachment: 220602 CC Special Minutes (2882 : Approval of Minutes for June 2, 2022 Special Meeting) City of Laguna Hills City Council Thursday, June 2, 2022 Special Meeting Minutes
2 RECONVENE TO CITY COUNCIL CHAMBER
The City Council reconvened the City Council Meeting at 3:58 p.m. All Council Members were present in chamber.

CLOSED SESSION REPORT
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: (1 potential case)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9
Name of Case: Californians for Homeownership, Inc., a California nonprofit public benefit corporation, vs. City of Laguna Hills; Orange County Superior Court Case No. 30-2022-01255365-CU-WM-CJC; Verified Petition for Writ of Mandate.

City Attorney Simonian stated that the City Council convened into closed session this afternoon pursuant to the authorities listed on the Agenda with no reportable action taken.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 3:59 p.m.

Melissa Au-Yeung, City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of June 14, 2022

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Packet Pg. 19
Attachment: 220602 CC Special Minutes (2882 : Approval of Minutes for June 2, 2022 Special Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager/City Clerk
ISSUE: Approval of Minutes for June 9, 2022, Special Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the June 9, 2022, Special Meeting.

ATTACHMENTS:
• 220609 CC Special Minutes

4.4 Packet Pg. 20

CITY OF LAGUNA HILLS

CITY COUNCIL

SPECIAL MEETING

MINUTES
Thursday, June 9, 2022

CALL TO ORDER
The meeting was called to order at 7:01 p.m. by Mayor Wheeler.

PLEDGE OF ALLEGIANCE: Council Member Sedgwick

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9
Name of Case: Californians for Homeownership, Inc., a California nonprofit public benefit corporation, vs. City of Laguna Hills; Orange County Superior Court Case No. 30-2022-01255365-CU-WM-CJC; Verified Petition for Writ of Mandate.

PUBLIC COMMENTS
There were no public comments on the closed session item.

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR COUNCIL CHAMBER

CONVENE INTO CLOSED SESSION
The City Council convened into closed session to consider the matter(s) listed above.

RECONVENE TO CITY COUNCIL CHAMBER
The City Council reconvened the City Council Meeting at 8:11 p.m. All Council Members were present in chamber.

4.4.a
Packet Pg. 21
Attachment: 220609 CC Special Minutes (2892 : Approval of Minutes for June 9, 2022 Special Meeting) City of Laguna Hills City Council Thursday, June 9, 2022 Special Meeting Minutes
2 CLOSED SESSION REPORT
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9
Name of Case: Californians for Homeownership, Inc., a California nonprofit public benefit corporation, vs. City of Laguna Hills; Orange County Superior Court Case No. 30-2022-01255365-CU-WM-CJC; Verified Petition for Writ of Mandate.

City Attorney Simonian stated that the City Council convened into closed session this evening pursuant to the authorities listed on the Agenda with no reportable action taken.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 8:12 p.m.

Melissa Au-Yeung, City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of June 14, 2022

4.4.a
Packet Pg. 22
Attachment: 220609 CC Special Minutes (2892 : Approval of Minutes for June 9, 2022 Special Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Janice Reyes
Finance Director
ISSUE: Ratification of June 14, 2022, Warrant Register
RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from May 13, 2022, to June 2, 2022, in the amount of $1,148,802.

SUMMARY:

The City issues accounts payable disbursements on a regular basis and presents it to City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from May 13, 2022, to June 2, 2022, is being presented for ratification by the City Council.

Payments have been reviewed and approved by the appropriate departmental staff. The Director of Finance certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

ATTACHMENTS:
• Warrant Register - June 14, 2022
• Payables Detail Report - June 14, 2022

4.5 Packet Pg. 23
Payment Amount
1,200.00
36,747.59
580.27
255.81
4,977.50
400.00
851.52

47.69 2,199.60
979.41
4,629.65
1,233.00
294.00
2,460.00
100.00
1,500.00
2,820.00
495.00
10,875.00
509.68
12,342.70
500.00
2,900.00

90.00 308.68
5,122.52
7,462.72
1,039.00
1,831.66
585.62
800.00

65.63 1,989.65

66.51 7,125.24
252.70
1,032.50

93.99 75.43
234.63
500.00
2,742.92
30,604.00
196.00
6,823.60
883.36
600.00
315.00
4,000.00
478.55
3,644.70

32.99 3,120.00
6/2/2022 3:51:24 PM Page 1 of 4
8820819 C-1122 CROSSTOWN ELECTRICAL & DATA, INC. 06/02/2022 8820820 E-0600 EWING IRRIGATION PRODUCTS, INC 06/02/2022 8820821 Z-CD-0369 FONTAINE, JIM 06/02/2022
8820816 B-0304 BEE MAN, THE 06/02/2022
8820817 B-0434 BREW HA HA PRODUCTIONS, LLC 06/02/2022
8820818 C-0023 COX COMMUNICATION 06/02/2022
8820813 A-0138 ALL CITY MANAGEMENT, INC. 06/02/2022
8820814 B-0446 BEAR ICE COMPANY, LLC 06/02/2022
8820815 B-0433 BEAST PACING 06/02/2022
8820809 V-2253 VILLA ROMA 05/26/2022
8820810 W-2337 WEST COAST ARBORISTS, INC. 05/26/2022
8820811 W-2377 WILLDAN ENGINEERING 05/26/2022
8820806 S-2209 STUDIO TWO BLACK DIAMOND 05/26/2022
8820807 T-2682 THE LIFE TRENDS GROUP, TLTG, INC. 05/26/2022 8820808 Z-CD-0367 VASQUEZ, MARIO 05/26/2022
8820803 S-2296 SHUTE, MIHALY WEINBERGER LLP 05/26/2022
8820804 S-2267 SINTA DESIGN 05/26/2022
8820805 S-1904 SOUTHERN CALIFORNIA EDISON 05/26/2022
8820800 P-1834 PLACEWORKS, INC. 05/26/2022
8820801 R-1830 RALPHS GROCERY COMPANY 05/26/2022
8820802 R-1855 RICHARD FISHER ASSOCIATES 05/26/2022
8820797 O-1546 OFFICE SOLUTIONS 05/26/2022
8820798 O-1599 ORANGE COUNTY JUMPERS LLC 05/26/2022
8820799 P-1824 PACKET FUSION, INC. 05/26/2022
8820794 N-1474 NIEVES LANDSCAPE, INC. 05/26/2022
8820795 N-1475 NOLAN, PAUL, EMT-D 05/26/2022
8820796 O-1609 OCLA CONSTRUCTION & ENGINEERING 05/26/2022 8820791 L-1382 LOYA, RICKY 05/26/2022
8820792 M-1388 MOBILE MINI, INC. 05/26/2022
8820793 M-1302 MOULTON NIGUEL WATER DISTRICT 05/26/2022 8820788 J-1057 JAMEY CLARK, INC. 05/26/2022
8820789 Z-CS-0298 JARMIE, CLIFF 05/26/2022
8820790 G-0709 JOE A. GONSALVES & SON 05/26/2022
8820785 H-0894 HATTOX DESIGN GROUP, LLC 05/26/2022
8820786 H-0960 HR GREEN PACIFIC, INC. 05/26/2022
8820787 J-1088 J THAYER COMPANY, INC 05/26/2022
8820782 G-0865 GREENBELT NURSERY INC. dba GREENBELT GROWERS 05/26/2022 8820783 H-0805 HARRINGTON GEOTECHNICAL ENGINEERING, INC. 05/26/2022 8820784 H-0829 HARTZOG & CRABILL, INC. 05/26/2022
8820779 C-1190 FINGERPRINT ID (AFIS) LAW ENF. - COUNTY OF ORANGE 05/26/2022 8820780 Z-CD-0368 FORCE MOULTON OFFICE, LLC 05/26/2022
8820781 G-0866 GLADWELL GOVERNMENTAL SERVICES, INC. 05/26/2022 8820776 C-1139 COMPLETE OFFICE OF CALIFORNIA 05/26/2022 8820777 C-0023 COX COMMUNICATION 05/26/2022
8820778 D-0541 DIAMOND ENVIRONMENTAL SERVICES 05/26/2022 8820773 C-0457 CA CITY MANAGEMENT FOUNDATION 05/26/2022 8820774 C-1177 CANON FINANCIAL SERVICES, INC. 05/26/2022 8820775 C-1179 CANON SOLUTIONS AMERICA 05/26/2022
8820770 A-0360 ARC DOCUMENT SOLUTIONS, LLC 05/26/2022
8820771 A-0365 AT&T - CALNET 3 05/26/2022
8820772 B-0440 BUCKNAM INFRASTRUCTURE GROUP, INC. 05/26/2022 Payment Type: Regular
8820768 M-1513 MEEHAN, DANIEL 05/13/2022
8820769 S-1902 SAN DIEGO GAS & ELECTRIC 05/26/2022
Warrant Register - June 14, 2022
City of Laguna Hills, CA By Check Number
Date Range: 05/13/2022 - 06/02/2022
Check Number Vendor Number Vendor Name Payment Date

4.5.a
Packet Pg. 24
Attachment: Warrant Register - June 14, 2022 (2884 : Warrant Register, June 14, 2022) Payment Amount
100.00

57.80 2,425.92
1,221.50
20,132.39
217.80

83.09 87,636.69
487.98
1,240.00
500.00

70.05 130.32

48.49 94.15
29,488.00
11,500.00
53,885.66
Total Regular: 380,335.86
6/2/2022 3:51:24 PM Page 2 of 4
8820837 W-2337 WEST COAST ARBORISTS, INC. 06/02/2022
8820838 W-2448 WEST GATE CONTRACTOR 06/02/2022
8820839 R-1801 WOODRUFF, SPRADLIN & SMART 06/02/2022
8820834 S-2250 SPARKLETTS 06/02/2022
8820835 S-2209 STUDIO TWO BLACK DIAMOND 06/02/2022
8820836 U-2165 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 06/02/2022 8820831 R-1983 RODRIGUEZ, RUBEN ANGUIANO 06/02/2022
8820832 S-2219 SOUTH COUNTY OUTREACH 06/02/2022
8820833 S-2295 SOUTHERN COMPUTER WAREHOUSE 06/02/2022
8820828 M-1302 MOULTON NIGUEL WATER DISTRICT 06/02/2022 8820829 N-1474 NIEVES LANDSCAPE, INC. 06/02/2022
8820830 O-1546 OFFICE SOLUTIONS 06/02/2022
8820825 J-1057 JAMEY CLARK, INC. 06/02/2022
8820826 J-1071 JCTEES.COM CORPORATION 06/02/2022
8820827 M-1388 MOBILE MINI, INC. 06/02/2022
8820822 G-0865 GREENBELT NURSERY INC. dba GREENBELT GROWERS 06/02/2022 8820823 G-0843 GRIEGO-SANDS, CINDY 06/02/2022
8820824 H-0960 HR GREEN PACIFIC, INC. 06/02/2022
Warrant Register - June 14, 2022 Date Range: 05/13/2022 - 06/02/2022 Check Number Vendor Number Vendor Name Payment Date

4.5.a
Packet Pg. 25
Attachment: Warrant Register - June 14, 2022 (2884 : Warrant Register, June 14, 2022) Payment Amount
748,752.27
1,560.45
13,115.61
2,538.38
1,236.66
1,262.77
6/2/2022 3:51:24 PM Page 3 of 4
EFT's 0 0 0.00 0.00
102 77 0.00 1,148,802.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 6 6 0.00 768,466.14
Regular Checks 96 71 0.00 380,335.86
Manual Checks 0 0 0.00 0.00
DFT0001975 B-0276 BANK OF AMERICA VISA CARD 05/16/2022
Total Bank Draft: 768,466.14
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
DFT0001972 B-0276 BANK OF AMERICA VISA CARD 05/16/2022
DFT0001973 B-0276 BANK OF AMERICA VISA CARD 05/16/2022
DFT0001974 B-0276 BANK OF AMERICA VISA CARD 05/16/2022
Payment Type: Bank Draft
DFT0001970 C-1007 OCSD LAW ENFORCEMENT CONTRACT, OC TREASURER-TAX 05/13/2022 DFT0001971 B-0276 BANK OF AMERICA VISA CARD 05/16/2022
Warrant Register - June 14, 2022 Date Range: 05/13/2022 - 06/02/2022 Check Number Vendor Number Vendor Name Payment Date

4.5.a
Packet Pg. 26
Attachment: Warrant Register - June 14, 2022 (2884 : Warrant Register, June 14, 2022) 998 POOL 6/2022 229,218.04
1,148,802.00
6/2/2022 3:51:24 PM Page 4 of 4
Fund Summary
Fund Name Period Amount
998 POOL 5/2022 919,583.96
EFT's 0 0 0.00 0.00
102 77 0.00 1,148,802.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 6 6 0.00 768,466.14
Regular Checks 96 71 0.00 380,335.86
Manual Checks 0 0 0.00 0.00
Warrant Register - June 14, 2022 Date Range: 05/13/2022 - 06/02/2022 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment

4.5.a
Packet Pg. 27
Attachment: Warrant Register - June 14, 2022 (2884 : Warrant Register, June 14, 2022) Amount
05/26/2022 CA CITY MANAGEMENT 052522 Memberships & Dues, FY 22/23 100-000-140000 400.00 05/26/2022 SAN DIEGO GAS & ELECTRIC 052522 Street Lights, Traffic Control, Com Ctr, Mar & Apr
100-310-631100 9,299.41
6/2/2022 5:27:17 PM Page 1 of 6
05/26/2022 SOUTHERN CALIFORNIA EDISON 052322 - Acct #700076000453 Street Lights, Traffic Control, Apr '22 100-355-631000 50.17 05/26/2022 SOUTHERN CALIFORNIA EDISON 052322 - Acct #700076000453 Street Lights, Traffic Control, Apr '22 100-356-631400 43.82 05/26/2022 VILLA ROMA 052422 City Anniversary, May '22 100-310-695530 2,742.92 05/26/2022 COX COMMUNICATION 050522 T-1 Line, Apr '22 100-195-630000 895.41 05/26/2022 COX COMMUNICATION 050722 Traffic Signal, Apr '22 100-195-630000 84.00 05/26/2022 LOYA, RICKY 051322 Umpire Fees, Community Services, May '22
100-310-622502 90.00
05/26/2022 WILLDAN ENGINEERING 00623130 Professional Services, Apr '22, TM0003-2021100-000-452000 (196.00) 05/26/2022 WILLDAN ENGINEERING 00623130 Professional Services, Apr '22, TM0003-2021100-225-700201 196.00 05/26/2022 RALPHS GROCERY COMPANY 0422130605_22502898 Operating Supplies, Comm Svcs, May '22
100-310-622005 66.51
05/26/2022 AT&T - CALNET 3 000018160902 Alarm, Com Ctr & City Hall Lines, May '22
100-310-630100 86.55
05/26/2022 DIAMOND ENVIRONMENTAL 0003883774 Program Expense, 1/2 Marathon 100-310-695507 4,629.65 05/26/2022 WILLDAN ENGINEERING 00623130 Professional Services, Apr '22, TM0003-2021100-000-223000 196.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 100-356-646100 1,293.64 05/26/2022 AT&T - CALNET 3 000018158958 Traffic Signal, Public Services, Apr '22 100-356-630000 22.34 05/26/2022 AT&T - CALNET 3 000018160902 Alarm, Com Ctr & City Hall Lines, May '22
100-195-630000 146.92
05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 100-355-720500 100.58 05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 100-355-720700 894.93 05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 100-355-720701 8.91 05/16/2022 BANK OF AMERICA VISA CARD 042022 POLSVCS Departmental Expenditure, Apr '22 100-420-695000 1,327.38 05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 100-355-611000 45.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 100-355-622000 191.02 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-195-720050 179.88 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-195-940000 92.65 05/16/2022 BANK OF AMERICA VISA CARD 042022 POLSVCS Departmental Expenditure, Apr '22 100-000-120000 (64.61) 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-155-622000 305.44 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-155-626000 113.11 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-195-617000 898.11 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-310-695507 2,255.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-000-120000 (103.74) 05/16/2022 BANK OF AMERICA VISA CARD 042022 GENGOV2 Departmental Expenditure, Apr '22 100-155-612000 75.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-310-695500 288.95 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-310-695500 630.69 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-310-695502 9.99 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-195-940000 6,107.45 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-310-622502 2,051.84 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-310-624500 512.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-000-120000 (72.19) 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-155-612002 75.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMSVCS Departmental Expenditure, Apr '22 100-195-720050 1,256.88 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMDEV Departmental Expenditure, Apr '22 100-225-611000 785.00 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMDEV Departmental Expenditure, Apr '22 100-225-626000 396.13 05/16/2022 BANK OF AMERICA VISA CARD 042022 COMDEV Departmental Expenditure, Apr '22 100-225-646100 55.53 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 05/13/2022 - 06/02/2022
Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 100 - GENERAL FUND
05/13/2022 OCSD LAW ENFORCEMENT

CONTRACT, OC TREASURER-TAX
SH 61921 Law Enforcement Services, May '22 100-420-720800 748,752.27

4.5.b
Packet Pg. 28
Attachment: Payables Detail Report - June 14, 2022 (2884 : Warrant Register, June 14, 2022) Amount
6/2/2022 5:27:17 PM Page 2 of 6
05/26/2022 JAMEY CLARK, INC. 73116 Graffiti Removal, Public Services, May '22
100-355-720500 376.00
05/26/2022 JAMEY CLARK, INC. 73122 Park Repairs, Public Services, May '22 100-355-720701 246.70 05/26/2022 JAMEY CLARK, INC. 73125 Park Repairs, Public Services, May '22 100-355-720701 720.00 05/26/2022 NIEVES LANDSCAPE, INC. 71088 Monthly and Misc Landscape, May 100-355-720700 1,899.56 05/26/2022 NIEVES LANDSCAPE, INC. 71089 Monthly and Misc Landscape, May 100-355-720701 591.09 05/26/2022 NIEVES LANDSCAPE, INC. 71090 Monthly and Misc Landscape, May 100-355-720700 4,193.76 05/26/2022 NIEVES LANDSCAPE, INC. 71085 Rooted Campaign, May '22 100-310-695500 339.54 05/26/2022 NIEVES LANDSCAPE, INC. 71086 Monthly and Misc Landscape, May 100-355-720700 82.61 05/26/2022 NIEVES LANDSCAPE, INC. 71087 Monthly and Misc Landscape, May 100-355-720700 247.53 05/26/2022 CANON SOLUTIONS AMERICA 6000468814 Copier Usage, Community Services, Apr '22
100-195-641200 47.69
05/26/2022 NIEVES LANDSCAPE, INC. 71083 Monthly and Misc Landscape, May 100-355-720700 59.53 05/26/2022 NIEVES LANDSCAPE, INC. 71084 Monthly and Misc Landscape, May 100-355-720700 49.10 05/26/2022 GREENBELT NURSERY INC. dba

GREENBELT GROWERS
40206 Landscape Maintenance, May '22 100-355-720700 100.00 05/26/2022 RICHARD FISHER ASSOCIATES 4484 Professional Services, CIP #403, Apr '22
100-600-790600 7,125.24
05/26/2022 GLADWELL GOVERNMENTAL
SERVICES, INC.
4865 Professional Services, 2022 Election 100-155-700030 2,460.00 05/26/2022 CANON FINANCIAL SERVICES, INC. 28571381 Lease - Copier, New Admin Copier, 5/1/22 - 5/31/22
100-195-641200 317.82
05/26/2022 THE LIFE TRENDS GROUP, TLTG, INC. 28589 AED Supplies, May '22 100-155-700000 234.63 05/26/2022 BUCKNAM INFRASTRUCTURE
GROUP, INC.
361-01.25 Computer Consulting Services, Apr 100-195-700090 4,977.50 05/26/2022 SHUTE, MIHALY WEINBERGER LLP 276942 Professional Services, Legal, Apr '22 100-155-700011 252.70 05/26/2022 CANON FINANCIAL SERVICES, INC. 28571379 Lease - Copier, Comm Ctr, 5/1/22 - 5/31/22
100-195-641200 279.86
05/26/2022 CANON FINANCIAL SERVICES, INC. 28571380 Lease - Copier, City Hall, 5/1/22 - 5/31/22
100-195-641200 253.84
05/26/2022 HATTOX DESIGN GROUP, LLC 2205102 Civic Center Improvements, CIP #505 100-600-790600 495.00 05/26/2022 HARTZOG & CRABILL, INC. 22-240(HCI#3641) Traffic Signal Mgmt Services, May '22 100-356-700101 1,925.00 05/26/2022 COMPLETE OFFICE OF CALIFORNIA 2668636-0 Computer Supplies, May '22 100-195-621000 2,199.60 05/26/2022 HARTZOG & CRABILL, INC. 22-0257(HCI#3502) Traffic Signal Mgmt Svc, CIP 168, Apr '22
100-356-700101 770.00
05/26/2022 HARTZOG & CRABILL, INC. 22-0257(HCI#3502) Traffic Signal Mgmt Svc, CIP 168, Apr '22
100-600-790600 125.00
05/26/2022 NOLAN, PAUL, EMT-D 22-05-02 Program Expense, 1/2 Marathon 100-310-695507 1,039.00 05/26/2022 WEST COAST ARBORISTS, INC. 185360 Tree Trimming Services, Apr '22 100-355-720702 30,604.00 05/26/2022 OCLA CONSTRUCTION &

ENGINEERING
2 (Retention) El Toro Rd Bus Shelter @ PD, 100-000-201001 1,831.66 05/26/2022 HARRINGTON GEOTECHNICAL
ENGINEERING, INC.
21437 Professional Services, GRA-03-20-
0003, May '22
100-000-220444 1,500.00
05/26/2022 J THAYER COMPANY, INC 1593313-0 Computer & Operating Supplies, May '22
100-195-621000 452.76
05/26/2022 J THAYER COMPANY, INC 1593313-0 Computer & Operating Supplies, May '22
100-310-622005 56.92
05/26/2022 JOE A. GONSALVES & SON 159871 Legislative Services, Jun '22 100-155-700020 2,900.00 05/26/2022 ARC DOCUMENT SOLUTIONS, LLC 11225807 Printing Services, Engineering, May 100-355-623000 117.18 05/26/2022 ARC DOCUMENT SOLUTIONS, LLC 11229213 Printing Services, Engineering, CIP 101-K, May '22
100-600-790600 463.09
05/26/2022 HR GREEN PACIFIC, INC. 152263 Public Works Permit Inspections, Apr '22
100-356-700101 10,875.00
05/26/2022 MOULTON NIGUEL WATER DISTRICT 052522 Water Usage, Public Services & Com Ctr, Apr '22
100-355-635000 4,547.93
05/26/2022 SAN DIEGO GAS & ELECTRIC 052522 Street Lights, Traffic Control, Com Ctr, Mar & Apr
100-356-631400 14,891.98
05/26/2022 SAN DIEGO GAS & ELECTRIC 052522 Street Lights, Traffic Control, Com Ctr, Mar & Apr
100-356-631900 3,364.03
Payment Date Vendor Name Payable Number Description (Payable) Account Number 05/26/2022 MOULTON NIGUEL WATER DISTRICT 052522 Water Usage, Public Services & Com Ctr, Apr '22
100-310-635100 574.59
05/26/2022 SAN DIEGO GAS & ELECTRIC 052522 Street Lights, Traffic Control, Com Ctr, Mar & Apr
100-355-631000 9,192.17
Payables Detail Report Payment Dates: 05/13/2022 - 06/02/2022

4.5.b
Packet Pg. 29
Attachment: Payables Detail Report - June 14, 2022 (2884 : Warrant Register, June 14, 2022) Amount
06/02/2022 NIEVES LANDSCAPE, INC. 71975 Monthly and Misc Landscape, May 100-355-720700 87,636.69 06/02/2022 JAMEY CLARK, INC. 73162 Park Repairs, Public Services, May '22 100-355-720701 1,221.50 6/2/2022 5:27:17 PM Page 3 of 6
06/02/2022 WOODRUFF, SPRADLIN & SMART 71249 Professional Services Legal, Apr '22 100-155-700010 40,303.54 06/02/2022 WOODRUFF, SPRADLIN & SMART 71249 Professional Services Legal, Apr '22 100-155-700011 44.00 06/02/2022 WOODRUFF, SPRADLIN & SMART 71249 Professional Services Legal, Apr '22 100-225-700012 2,486.00 06/02/2022 CROSSTOWN ELECTRICAL & DATA, 4296-22-005 Traffic Signal Maintenance, May '22 100-356-720420 3,644.70 06/02/2022 WOODRUFF, SPRADLIN & SMART 71249 Professional Services Legal, Apr '22 100-000-223000 2,486.00 06/02/2022 WOODRUFF, SPRADLIN & SMART 71249 Professional Services Legal, Apr '22 100-000-452000 (2,486.00) 06/02/2022 WEST COAST ARBORISTS, INC. 186094 Tree Trimming Services, May '22 100-355-720702 29,488.00 06/02/2022 WEST GATE CONTRACTOR 37 Graffiti Removal, Public Services, May '22
100-355-720500 11,500.00
06/02/2022 SPARKLETTS 4228482 052022 Operating Supplies, May '22 100-195-622000 130.32 06/02/2022 HR GREEN PACIFIC, INC. 152929 Misc Storms Drains, CIP #403, 4/4/22 - 4/29/22
100-600-790600 2,425.92
06/02/2022 GREENBELT NURSERY INC. dba

GREENBELT GROWERS
16016 Landscape Maintenance, May '22 100-355-720700 100.00 06/02/2022 EWING IRRIGATION PRODUCTS, INC 16814455 Landscape Maintenance, Public Services, May '22
100-355-720700 32.99
06/02/2022 MOULTON NIGUEL WATER DISTRICT 060122 Water Usage, Public Services, May 100-355-635000 83.09 06/02/2022 GRIEGO-SANDS, CINDY 060222 Mileage Reimbursement, Gen Gov, 3/26/22 - 5/27/22
100-155-613000 57.80
06/02/2022 BEE MAN, THE 118302 Bee Removal, Public Services, May 100-355-720701 315.00 06/02/2022 RODRIGUEZ, RUBEN ANGUIANO 060122 1/2 Marathon Expense, May '22 100-310-695507 1,240.00 06/02/2022 BREW HA HA PRODUCTIONS, LLC 060122 1/2 Marathon Expense, May '22 100-310-695507 4,000.00 06/02/2022 SOUTH COUNTY OUTREACH 060122 Contribution for 1/2 Marathon 100-310-695507 500.00 06/02/2022 BEAR ICE COMPANY, LLC 00-204447 1/2 Marathon Expense, May '22 100-310-695507 883.36 06/02/2022 COX COMMUNICATION 051722 T-1 Line, May '22 100-195-630000 446.41 06/02/2022 COX COMMUNICATION 051822 Cable, City Hall, May '22 100-195-630000 32.14 05/26/2022 FINGERPRINT ID (AFIS) LAW ENF. -

COUNTY OF ORANGE
SH 61946 Fingerprint ID System Charges, May
'22
100-420-720835 1,233.00
05/26/2022 PACKET FUSION, INC. SLSI-1007454 Phone Equipment, May '22 100-195-646000 65.63 06/02/2022 BEAST PACING 000453 Program Expense, 1/2 Marathon, May '22
100-310-695507 600.00
05/26/2022 OFFICE SOLUTIONS I-02005367 Operating Supplies, May '22 100-195-622000 35.40 05/26/2022 SINTA DESIGN lhhm_052322 1/2 Marathon Expense, Apr-May '22 100-310-695507 840.00 05/26/2022 SINTA DESIGN lhhm_052322-02 City Anniversary Expense, Apr '22 100-310-695530 192.50 05/26/2022 OFFICE SOLUTIONS I-02003152 Operating Supplies, May '22 100-420-622000 54.94 05/26/2022 OFFICE SOLUTIONS I-02003466 Operating Supplies, May '22 100-195-622000 481.31 05/26/2022 OFFICE SOLUTIONS I-02004776 Operating Supplies, May '22 100-195-622000 13.97 05/26/2022 VASQUEZ, MARIO CD-0851-POOLR-0083-2021Refund, Pool Bond, REC-005796- 100-000-228001 500.00 05/26/2022 FORCE MOULTON OFFICE, LLC CD-0852-LLA-0001-2020 Refund, Lot Line Adjustment, R 100-000-220444 294.00 05/26/2022 JARMIE, CLIFF FRD-0274 Refund, Facility Deposit, R #1034401.002
100-000-222000 500.00
05/26/2022 MOBILE MINI, INC. 9013927201 Storage Rental, Community Center, 5/11 - 6/7/22
100-310-641000 225.71
05/26/2022 MOBILE MINI, INC. 9013979656 Storage Rental, Community Center, 5/17 - 6/13/22
100-310-641000 82.97
05/26/2022 STUDIO TWO BLACK DIAMOND 98734 Printing Services, May '22 100-195-623000 75.43 05/26/2022 PLACEWORKS, INC. 78419 Professional Services, USE-0055- 2021, Apr '22
100-000-223000 1,129.65
05/26/2022 PLACEWORKS, INC. 78419 Professional Services, USE-0055- 2021, Apr '22
100-000-452000 (1,129.65)
05/26/2022 PLACEWORKS, INC. 78419 Professional Services, USE-0055- 2021, Apr '22
100-225-700201 1,129.65
05/26/2022 PLACEWORKS, INC. 78313 Professional Services, USE-0072- 2021, Apr '22
100-000-223000 860.00
05/26/2022 PLACEWORKS, INC. 78313 Professional Services, USE-0072- 2021, Apr '22
100-000-452000 (860.00)
05/26/2022 PLACEWORKS, INC. 78313 Professional Services, USE-0072- 2021, Apr '22
100-225-700201 860.00
Payables Detail Report Payment Dates: 05/13/2022 - 06/02/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number 05/26/2022 JAMEY CLARK, INC. 73135 Park Repairs, Public Services, May '22 100-355-720701 11,000.00 05/26/2022 ORANGE COUNTY JUMPERS LLC 74140 Program Expense, 1/2 Marathon 100-310-695507 800.00

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Attachment: Payables Detail Report - June 14, 2022 (2884 : Warrant Register, June 14, 2022) Amount
Fund 600 - CAPITAL IMPROVEMENT PROJECT Total: -
Fund: 998 - POOL
05/13/2022 MEEHAN, DANIEL 051322 1/2 Marathon, Change Boxes 998-000-100007 1,200.00 Fund 998 - POOL Total: 1,200.00
Grand Total: 1,148,802.00
6/2/2022 5:27:17 PM Page 4 of 6
05/26/2022 RICHARD FISHER ASSOCIATES 4484 Professional Services, CIP #403, Apr '22
600-254-950403 7,125.24
06/02/2022 HR GREEN PACIFIC, INC. 152929 Misc Storms Drains, CIP #403, 4/4/22 - 4/29/22
600-000-490100 (2,425.92)
06/02/2022 HR GREEN PACIFIC, INC. 152929 Misc Storms Drains, CIP #403, 4/4/22 - 4/29/22
600-254-950403 2,425.92
05/26/2022 HATTOX DESIGN GROUP, LLC 2205102 Civic Center Improvements, CIP #505 600-000-490100 (495.00) 05/26/2022 HATTOX DESIGN GROUP, LLC 2205102 Civic Center Improvements, CIP #505 600-255-950505 495.00 05/26/2022 RICHARD FISHER ASSOCIATES 4484 Professional Services, CIP #403, Apr '22
600-000-490100 (7,125.24)
05/26/2022 ARC DOCUMENT SOLUTIONS, LLC 11229213 Printing Services, Engineering, CIP 101-K, May '22
600-251-950101 463.09
05/26/2022 HARTZOG & CRABILL, INC. 22-0257(HCI#3502) Traffic Signal Mgmt Svc, CIP 168, Apr '22
600-000-490100 (125.00)
05/26/2022 HARTZOG & CRABILL, INC. 22-0257(HCI#3502) Traffic Signal Mgmt Svc, CIP 168, Apr '22
600-251-950168 125.00
Fund 212 - MEASURE M Total: 98.45
Fund: 451 - LIABILITY SELF-INSURANCE
06/02/2022 WOODRUFF, SPRADLIN & SMART 71249 Professional Services Legal, Apr '22 451-155-700011 11,052.12 Fund 451 - LIABILITY SELF-INSURANCE Total: 11,052.12
Fund: 600 - CAPITAL IMPROVEMENT PROJECT
05/26/2022 ARC DOCUMENT SOLUTIONS, LLC 11229213 Printing Services, Engineering, CIP 101-K, May '22
600-000-490100 (463.09)
06/02/2022 SOUTHERN COMPUTER WAREHOUSE INV00737732 Computer Supplies, May '22 100-195-940000 70.05 Fund 100 - GENERAL FUND Total: 1,136,451.43
Fund: 212 - MEASURE M
05/16/2022 BANK OF AMERICA VISA CARD 042022 PUBSVCS Departmental Expenditure, Apr '22 212-355-720400 4.30 06/02/2022 UNDERGROUND SERVICE ALERT OF

SOUTHERN CALIFORNIA
520220371 Street Maintenance, May '22 212-355-720400 94.15 06/02/2022 FONTAINE, JIM CD-0854-BLDR-1091-2022 Refund, C&D Deposit, REC-006661- 2022
100-000-227001 1,740.00
06/02/2022 OFFICE SOLUTIONS I-02006647 Office Supplies, May '22 100-195-620000 457.37 06/02/2022 OFFICE SOLUTIONS I-02006701 Office Supplies, May '22 100-195-620000 30.61 06/02/2022 MOBILE MINI, INC. 9013992350 Storage Rental, Community Center, 5/18 - 6/14/22
100-310-641000 217.80
06/02/2022 STUDIO TWO BLACK DIAMOND 98558 Operating Supplies, Apr '22 100-420-622000 48.49 06/02/2022 FONTAINE, JIM CD-0853-BLDR-1090-2022 Refund, C&D Deposit, REC-006662- 2022
100-000-227001 1,380.00
Payment Date Vendor Name Payable Number Description (Payable) Account Number 06/02/2022 ALL CITY MANAGEMENT, INC. 77594 Crossing Guard Services, 5/1/22 - 5/14/22
100-420-720822 6,823.60
06/02/2022 JCTEES.COM CORPORATION 7929 1/2 Marathon Expense, May '22 100-310-695507 20,132.39 Payables Detail Report Payment Dates: 05/13/2022 - 06/02/2022

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Attachment: Payables Detail Report - June 14, 2022 (2884 : Warrant Register, June 14, 2022) 100-355-622000 Operating Supplies 191.02 191.02
6/2/2022 5:27:17 PM Page 5 of 6
100-310-695500 Special Events-Program Service 1,259.18 1,259.18 100-310-695502 Special Needs Program 9.99 9.99
100-310-695507 Marathon 5k 36,919.40 36,919.40
100-310-695530 City Anniversary Program 2,935.42 2,935.42 100-355-611000 Training and Education 45.00 45.00
100-310-624500 Advertising-Program Services 512.00 512.00 100-310-630100 Phone & Communication Comm 86.55 86.55
100-310-631100 Utilities - Electric Comm Ctr 9,299.41 9,299.41 100-310-635100 Utilities - Water Comm Ctr 574.59 574.59 100-310-641000 Rent/Lease - Equipment 526.48 526.48
100-225-646100 Maint & Repairs - Vehicles 55.53 55.53
100-225-700012 Legal Services - Community 2,486.00 2,486.00 100-225-700201 Plan Application 2,185.65 2,185.65
100-310-622005 Operating Supplies Comm Ctr 123.43 123.43 100-310-622502 Supplies-Adult Leagues 2,141.84 2,141.84 100-195-700090 Computer Consulting Services 4,977.50 4,977.50 100-195-720050 Contract Serv-Software Support 1,436.76 1,436.76 100-195-940000 Computer Hardware & Software 6,270.15 6,270.15 100-225-611000 Training and Education 785.00 785.00
100-225-626000 Subscriptions & Books 396.13 396.13
100-195-622000 Operating Supplies 661.00 661.00
100-195-623000 Printing 75.43 75.43
100-195-630000 Telephone & Communication 1,604.88 1,604.88 100-195-641200 Rent/Lease - Copier 899.21 899.21
100-195-646000 Maint & Rep-Equip & Machinery 65.63 65.63 100-155-700020 Professional Services - Legislative 2,900.00 2,900.00 100-155-700030 Professional Svcs- City Clerk 2,460.00 2,460.00 100-195-617000 Recruitment 898.11 898.11
100-195-620000 Office Supplies 487.98 487.98
100-195-621000 Computer Supplies 2,652.36 2,652.36
100-155-622000 Operating Supplies 305.44 305.44
100-155-626000 Subscriptions & Books 113.11 113.11
100-155-700000 Professional Services 234.63 234.63
100-155-700010 Legal Services-General Counsel 40,303.54 40,303.54 100-155-700011 Legal Services-Litigation 296.70 296.70
100-000-228001 Swimming Pool Bonds 500.00 500.00
100-000-452000 Plan Check Fee - Fee Base (4,671.65) (4,671.65) 100-155-612000 Travel, Conferences & Meetings 75.00 75.00 100-155-612002 Travel - ACC-OC 75.00 75.00
100-155-613000 Mileage Reimbursement 57.80 57.80
100-000-201001 Accounts Payable - Retention 1,831.66 1,831.66 100-000-220444 EncroachmentGrading 1,794.00 1,794.00
100-000-222000 Refundable Deposits 500.00 500.00
100-000-223000 Plan Application Deposit 4,671.65 4,671.65 100-000-227001 SecurityDeposit-WasteRecycling 3,120.00 3,120.00 998 - POOL 1,200.00 1,200.00
Grand Total: 1,148,802.00 1,148,802.00
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-000-120000 Accounts Receivable (240.54) (240.54)
100-000-140000 Pre-paid Expenditures 400.00 400.00
Report Summary
Fund Summary
Fund Expense Amount Payment Amount
100 - GENERAL FUND 1,136,451.43 1,136,451.43
212 - MEASURE M 98.45 98.45
451 - LIABILITY SELF-INSURANCE 11,052.12 11,052.12
600 - CAPITAL IMPROVEMENT PROJECT - -
Payables Detail Report Payment Dates: 05/13/2022 - 06/02/2022

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Attachment: Payables Detail Report - June 14, 2022 (2884 : Warrant Register, June 14, 2022) 6/2/2022 5:27:17 PM Page 6 of 6
998-000-100007 Cash - Cashier's Float Comm Ctr 1,200.00 1,200.00 Grand Total: 1,148,802.00 1,148,802.00
Project Account Summary
Project Account Key Expense Amount Payment Amount
**None** 1,148,802.00 1,148,802.00
Grand Total: 1,148,802.00 1,148,802.00
600-000-490100 Transfer In- General Fund (10,634.25) (10,634.25) 600-251-950101 CIP-Annual Street Maintenance 463.09 463.09 600-251-950168 TrafficSignalmprovCoordination 125.00 125.00 600-254-950403 CIP-Misc Storms Drains 9,551.16 9,551.16 600-255-950505 CIP-Civic Center Improvements 495.00 495.00 100-420-720822 Crossing Guard Services 6,823.60 6,823.60 100-420-720835 Fingerprint Identification Svc 1,233.00 1,233.00 100-600-790600 Transfers Out - Capital Imprv 10,634.25 10,634.25 212-355-720400 Street Maintenance 98.45 98.45
451-155-700011 Legal Services-Litigation 11,052.12 11,052.12 100-356-700101 MOE Traffic Engineer Services 13,570.00 13,570.00 100-356-720420 MOE Traffic Signal Maintenance 3,644.70 3,644.70 100-420-622000 Operating Supplies 103.43 103.43
100-420-695000 CommunityAsstnc/PublicRelation 1,327.38 1,327.38 100-420-720800 General Law Enforcement 748,752.27 748,752.27 100-355-720702 Tree Maintenance 60,092.00 60,092.00
100-356-630000 MOE Telephone & 22.34 22.34
100-356-631400 MOE Electricity-Streetlights & 14,935.80 14,935.80 100-356-631900 MOE Electrcity On-bill Financing 3,364.03 3,364.03 100-356-646100 MOE Maintenance & Repairs 1,293.64 1,293.64 100-355-631000 Utilities - Electric 9,242.34 9,242.34
100-355-635000 Utilities - Water 4,631.02 4,631.02
100-355-720500 Graffiti Removal 11,976.58 11,976.58
100-355-720700 Landscape Maintenance Contract 95,296.70 95,296.70 100-355-720701 Parks Contract Repair 14,103.20 14,103.20 Payables Detail Report Payment Dates: 05/13/2022 - 06/02/2022 Account Summary
Account Number Account Name Expense Amount Payment Amount 100-355-623000 Printing 117.18 117.18

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Attachment: Payables Detail Report - June 14, 2022 (2884 : Warrant Register, June 14, 2022) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager/City Clerk
ISSUE: Direction Regarding Unscheduled Vacancy for Parks and Recreation Commission
RECOMMENDATION: That the City Council: 1) Accept the resignation of Julie Nassif, Parks and Recreation Commissioner, effective June 3, 2022; and 2) Direct Staff to proceed with the appointment process to fill the unscheduled vacancy on the Parks and Recreation Commission, per Government Code Section 54974, and Laguna Hills Municipal Code Section 2-28.080.

SUMMARY:

On June 3, 2022, the City received a letter of resignation from Parks and Recreation Commissioner Julie Nassif, creating an unscheduled vacancy on the Parks and Recreation Commission. It is recommended that the City Council accept the resignation of Ms. Nassif and direct Staff to proceed with the process to fill the unscheduled vacancy per Government Code Section 54974 and Laguna Hills Municipal Code Section 2-28.080.

BACKGROUND:

Ms. Nassif was appointed to the Parks and Recreation Commission on January 22, 2019, and took her Oath of Office on February 12, 2019. Ms. Nassif is currently serving her first term, which is scheduled to expire on January 31, 2023.

Policy 201, adopted by the City Council for filling vacancies on City Commissions, adopts a procedure for filling the vacancy, as well as a timeline. Specifically, Policy 201 states

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Unscheduled Vacancy for Parks and Recreation Commission June 14, 2022

Page 2 ends

that once an unscheduled vacancy exists, “then, the same procedure that is followed during the biennial process for appointing Commissioners will be necessary to fill the vacancy.”
The timeline for the process for appointing Commissioners is as follows:

June 20, 2022 Open of application period. Notices will be posted in the City Clerk’s office and forwarded to the
newspaper for publication. Notices will also be
forwarded to homeowners’ associations in Laguna
Hills and to the Laguna Hills Technology Library, as
well as made available on the City’s website.

July 20, 2022 Close of application period; thirty days is the standard application period for the City’s biennial
Commission appointment process.

Week of July 25 The City Council calls a Special Meeting to conduct interviews and appoint a new Commissioner.

August 3, 2022 New Parks and Recreation Commissioner attends first Parks and Recreation Commission meeting.
(Commissioner will be sworn in by City Clerk prior to
the meeting)
August 9, 2022 New Commissioner provided with Certificate of Appointment and is sworn in at City Council meeting.

It is recommended that the City Council direct Staff to proceed with the process to fill the unscheduled vacancy per Government Code Section 54974 and the Laguna Hills Municipal Code Section 2-28.080.

ATTACHMENTS:
• Letter of Resignation - Commissioner Nassif

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Julie Nassif
25521 Gallup Circle
Laguna Hills, CA 92653
1 June 2022
Dear Laguna Hills City Council:

It is with regret that I resign as Commissioner of the Laguna Hills Parks and Recreation Commission effective today, 1 June 2022 to focus on family matters. I want to thank the Council for all their support to the Commission during the time I served the City of Laguna Hills.

Sincerely,
Julie Nassif

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Attachment: Letter of Resignation - Commissioner Nassif (2878 : Unscheduled Vacancy for Parks and Recreation Commission) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager/City Clerk
ISSUE: Proposed Civic Center Office Lease with Fay Blix, an Individual, for 24031 El Toro Road, Suite 301, Laguna Hills, California
RECOMMENDATION: That the City Council approve an office lease with Fay Blix, an Individual, for 24031 El Toro Road, Suite 301, Laguna Hills, California, and authorize the City Manager to execute the Lease.

SUMMARY:

Staff has negotiated a two-year lease renewal with Fay Blix, an individual, for 24031 El Toro Road, Suite 301. Fay Blix currently operates a law office and has been leasing space in the Civic Center since April 2012. The following is a summary of the key lease terms and financial analysis:

Commencement Date: November 1, 2022
Term: Two (2) years
Rentable Square Feet: 2,312
Upfront Capital: $6,367
Rate: Year 1 - $2.25/ sq. ft.

Year 2 - $2.34/ sq. ft.

Total Rent Payments: $127,345
Net Present Value: $81,979 (12% Discount Rate)

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Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 301 June 14, 2022

Page 2 ends

The final lease has been included as an attachment to this staff report and Staff is recommending approval.

FISCAL IMPACT:

The lease includes total rent payments of $127,345 over the term of the lease and has a positive net present value of $81,979. A total of $6,367 in upfront capital is required.

ATTACHMENTS:
• Proposed Lease - Fay Blix, Suite 301

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Attachment: Proposed Lease - Fay Blix, Suite 301 (2881 : Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 301)

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Attachment: Proposed Lease - Fay Blix, Suite 301 (2881 : Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 301)

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Attachment: Proposed Lease - Fay Blix, Suite 301 (2881 : Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 301)

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Attachment: Proposed Lease - Fay Blix, Suite 301 (2881 : Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 301)

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Attachment: Proposed Lease - Fay Blix, Suite 301 (2881 : Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 301) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Amber M. Shah P.E.

Acting Public Services Director
ISSUE: Approval of the Plans and Specifications and Authorization to Advertise for Bids for Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505A
RECOMMENDATION: That the City Council: 1) Approve the plans and specifications and authorize the advertisement for bids for cooling tower system replacement at the Laguna Hills Civic Center, CIP No. 505A; and 2) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - Existing Facilities. The proposed project will result in replacement of existing cooling tower system equipment with a like unit at an existing City building constructed in 2004.

SUMMARY:

The City’s Reserve Study for the Laguna Hills Civic Center recommends initiating replacement of the existing 18-year-old cooling tower system in the mechanical yard located in the parking lot of the Civic Center building at 24035 El Toro Road. The replacement was projected to occur during FY 2023/2024. However, the equipment has begun to fail. Based upon ongoing maintenance issues this facility equipment requires replacement now before it fails completely. Plans and specifications for the cooling tower system replacement have been prepared by Staff and are presented to the City Council for approval and for authorization to advertise the project for bids.

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Civic Center Cooling Tower Equipment Replacements and Roofing Repairs June 14, 2022

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BACKGROUND:

The Laguna Hills Civic Center at 24035 El Toro Road was constructed in 2004 and is owned and operated by the City of Laguna Hills. The City’s Reserve Study for the Civic Center projected the existing cooling tower system equipment would be due for replacement during FY 2023/2024. Based upon ongoing maintenance issues, and the unit reaching the end of its maximum useful life, replacement of the cooling tower system is recommended now in order to maintain the level of service expected in City buildings.

The plans and specifications for the Laguna Hills Civic Center cooling tower system equipment replacement has been prepared by Staff is on file in the office of the City Clerk and are presented on the dais this evening. The cost estimate for the work is $200,000. It is recommended the City Council approve the plans and specifications and authorize the advertisement of the project for bids.

CEQA FINDINGS:

Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption – Existing Facilities. The proposed project will result in replacement of existing cooling tower system equipment with a like unit at an existing City building constructed in 2004.

FISCAL IMPACT:

The cost estimate for the cooling tower system equipment at the Civic Center building is $200,000. The replacement of this facility was not projected to occur during the current City Council approved 2-year budget. Therefore, it will be necessary for the City Council to approve a budget amendment allocating funds in fiscal year 2022/2023 for this work.

A resolution amending the CIP will be brought to the City Council when award of contract for this project is agendized.

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City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: Purchase or Lease of an Electric Fleet Vehicle for the City Manager Pursuant to the City Manager Employment Agreement and Chapter 3-08 of the Laguna Hills Municipal Code
RECOMMENDATION: That the City Council: 1) Approve the purchase or lease of an electric vehicle pursuant to LHMC Sections 3-08.130 and 3-08.080; and 2) Authorize the appropriation and use of funds not-to-exceed $50,000 from the City’s AB 2766 Subvention Fund for the purchase or lease of an electric vehicle pursuant to LHMC Section 3-08.060.

SUMMARY:

In accordance with the City Manager Employment Agreement between the City of Laguna Hills and Jarad L. Hildenbrand, effective May 16, 2022, the City is required to provide the City Manager with a City purchased or leased vehicle to conduct official City business and/or for unlimited personal use while not conducting City business.

In order for the City to purchase or lease a vehicle, various requirements related to procurement procedures, appropriation of funds, and purchasing must be met in accordance with Laguna Hills Municipal Code (LHMC) Chapter 3-08, which are described in detail later in this report.

Based on these requirements, Staff recommends that the City Council: 1) Approve the purchase or lease of an electric vehicle pursuant to LHMC Sections 3-08.130 and 3-08.080; and 2) Authorize the appropriation and use of funds not-to-exceed $50,000 from the City’s AB 2766 Subvention Fund for the purchase or lease of an electric vehicle

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Purchase of Electric Vehicle
June 14, 2022

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pursuant to LHMC Section 3-08.060.

BACKGROUND:

On May 16, 2022, the Laguna Hills City Council officially appointed Jarad L. Hildenbrand as the City Manager of the City of Laguna Hills and approved the City Manager Employment Agreement, effective on the same date. Pursuant to Section 6(D) of the City Manager Employment Agreement, the City is required to provide the City Manager with a City purchased or leased vehicle in accordance with the City’s purchasing requirements, which are established by Ordinance and codified in Chapter 3-08 of the LHMC.

Based on the appropriation requirements defined in LHMC Section 3-08.060 and the informal purchasing procedures described in LHMC Section 3-08.080, Staff identified that funding for the new electric fleet vehicle may be appropriated from the City’s AB 2766 Motor Vehicle Subvention Fund – a State funded air quality management program that provides annual revenue to cities in which electric vehicles are qualifying purchases.

Consequently, Staff identified the following list of electric vehicles that will be used as a reference and guide for the purchase or lease of an electric fleet vehicle for the City Manager:

Make Model MSRP Range (miles) Inventory
Chevrolet Bolt EUV $39,625 259 Available Now
Kia Niro EV $40,500 239 Available Now
Ford Mustang Mach-E $44,995 211-303 Available Now
Hyundai Ioniq 5 $45,755 303 Available Now
Tesla Model 3 $46,990 267 Delivery Sept-Dec 2022
Kia EV6 (Light/Wind) $48,425 232 Available Now
In accordance with LHMC Section 3-08.130, any vehicle with an estimated value greater than $20,000 to be purchased or leased by the City must be approved in advance by the City Council prior to commencement of the procurement process. Furthermore,

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Purchase of Electric Vehicle
June 14, 2022

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pursuant to LHMC Section 3-08.080, the entirety of the cost of the electric vehicle must not exceed $50,000 inclusive of tax, fees, and any other charges.

Therefore, staff recommends that the City Council: (i) approve the purchase or lease of an electric vehicle pursuant to LHMC Sections 3-08.130 and 3-08.080; and (ii) authorize the appropriation and use of funds not-to-exceed $50,000 from the City’s AB 2766 Subvention Fund for the purchase or lease of an electric vehicle pursuant to LHMC Section 3-08.060.

FISCAL IMPACT:

Pursuant to LHMC Section 3-08.060, staff identified the City’s AB 2766 Fund for the appropriation and use of funds for the purchase or lease of an electric vehicle, not-toexceed $50,000 inclusive of taxes, fees, and any other charges. There is no fiscal impact to the General Fund.

ATTACHMENTS:
• City Manager Employment Agreement and Resolution
• Laguna Hills Municipal Code Chapter 3-08 (Purchasing)

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RESOLUTTON NO. 2022-04-26-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, APPOINTING
JARAD L. HILDENBRAND AS CITY MANAGER AND

APPROVING AND AUTHORIZING THE MAYOR / MAYOR

PRO TEM TO EXECUTE A CITY MANAGER EMPLOYMENT

AGREEMENT
WHEREAS, after 29 years of service, former City Manager Donald J. White separated from his employment with the City, effective January 22,2021; the City Council and Mr. White previously entered into a mutual separation agreement; and WHEREAS, on January 19,2021, the City Council appointed the Assistant City Manager/Public Services Director Kenneth H. Rosenfield, P.E., to serve as the Acting City Manager, effective January 22,2021, pending the negotiation and preparation of a proposed interim city manager employment contract; and
WHEREAS, on February 9,2021, the City Council appointed Assistant City Manager/Public Services Director Kenneth H. Rosenfield, P.E., to serve as the lnterim City Manager and approved an lnterim City Manager Employment Agreement with Mr. Rosenfield, effective February 10,2021; and
WHEREAS, on March 10, 2022, Interim City Manager
Kenneth H. Rosenfield, P.E., submitted a letter of resignation indicating his intent to retire from the City, effective April 1, 2022, after nearly 27-years of dedicated public service; during his tenure with the City, he served as the City's first Public Services Director/City Engineer, most notably serving as the Interim City Manager for the past 1S-months; and WHEREAS, Mr. Rosenfield's letter of resignation was placed on the March 22, 2022 agenda for City Council review and acceptance, Mr. Rosenfield's retirement from the City was made effective April 1 ,2022i and WHEREAS, pending the selection of a new city manager, a process that had already been initiated, but not yet completed, on March 22,2022, the City Council, pursuant to Government Code 557522.56 and 21221(h), appointed Kenneth H.

Rosenfield, P.E. to the interim position of City Manager on a temporary basis only for a limited duration consistent with the requirements set forth in CaIPERS regulations applicable to the employment of retired annuitants; while the City Council was actively engaged in a recruitment for a new City Manager, temporary assistance to perform the critical duties of this interim position was found and determined to be required; and WHEREAS, on March 22,2022, the City Councilapproved and entered into a Retired Annuitant Employment Agreement, temporarily appointing Kenneth H.

Rosenfield, P.E., to serve as Interim City Manager, effective April 2,2022, until completion of the ongoing formal competitive executive recruitment process and until selection and appointment of a new city manager is made by the City Council; and 1679636.1

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Page2
WHEREAS, as directed by the City Council, over the past several months the City Council has engaged in a formal competitive executive recruitment process for selecting a qualified candidate to fill the city manager position; the recruitment process has now been completed, which resulted in the City Council identifying and selecting Jarad L. Hildenbrand as the most qualified candidate for the position; and WHEREAS, pursuantto Laguna Hills MunicipalCode Chapter 2-08, the City Council now desires to appoint Jarad L. Hildenbrand as the City Manager of the City of Laguna Hills and to retain Mr. Hildenbrand and establish the terms and conditions for such employment by approving the attached City Manager Employment Agreement; and WHEREAS, pursuant to Government Code Section 36506, the City Council is required to establish the compensation of the City Manager by Resolution, which appointed public official shall hold office at the direction and pleasure of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

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

SECTION 1.
herein by reference.

The foregoing recitals are true and correct and are incorporated SECTION 2. Jarad L. Hildenbrand is hereby appointed City Manager of the City of Laguna Hills to serve at the direction and pleasure of the City Council, effective May 1 6,2022, pursuant to Laguna Hills Municipal Code Chapter 2-08.

SECTION 3. The City Council hereby approves and authorizes the Mayor / Mayor Pro Tem to execute the City Manager Employment Agreement, dated May 16, 2022, which employment agreement is attached hereto as Exhibit "1" and is incorporated herein by reference with an effective date and term of office commencement date of May 1 6,2022.

SECTION 4. The City Clerk is hereby directed to administer the Oath of Office SECTION 5. The City Clerk is hereby directed to provide written notice of contract termination to lnterim City Manager Kenneth H. Rosenfield, P.E., pursuant to Section 2.0 of the April 2, 2022 Retired Annuitant Employment Agreement, effective May 16,2022. '1679636.1

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ATTEST
(^

MELISSA AU-YEUNG, C CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
crTY oF LAGUNA H|LLS )
PASSED, APPROVED, AND ADOPTED this 26th day of April2022

DAVE WHEELER, MAYOR
l, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.2022-04-26-l adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 26th day of April2022, by the following vote:

AYES: Council Members Caskey, Pezold, Sedgwick, Mayor Pro Tempore Heft, and Mayor Wheeler
NOES: None
ABSENT: None
ABSTAIN: None
(sEAL) 4AlJ^A1--
M er-rssn AU-YEU [9/crrY cLERK
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EXHIB|T "l n'

CITY MANAGER EMPLOYMENT AGREEMENT
DATED: MAY 16,2022
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EMPLOYMENT AGREEMENT

CITY MANAGER
THIS EMPLOYI\4ENT AGREEMENT (the "Agreement") is made and entered into, to be effective May 16,2022 ("Effective Date"), by and between the CITY OF LAGUNA HILLS, a California municipal coqporation organized and existing under the laws of the State of California (hereinafter referred to as "City"), and JARAD L, HILDENBRAND , an individual (hereinafter referred to as "Hildenbrand" or "City Manager"). City and Hildenbrand are sometimes hereinafter individually refered to as "party" and are hereinafter collectively referred to as the "p&rties."

RECITALS
A. In order to ensure that its govemmental responsibilities are met at all times, City must attract and retain in its employment executive management personnel who exhibit the highest degree of knowledge, experience, technical ability, professionalism, and leadership qualities.

B. In order to attract and retain in its employment a city manager who possesses those qualities and the experience necessary to continue to fulfill the City's immediate and long-term goals and policy objectives, the City Council of the City has determined that it is advisable to appoint and retain Jarad L. Hildenbrand as City Manager and to enter into this Agreement. All City actions referred to in this Agreement shall mean actions taken by a majority of the City Council.

C. It is the desire of the City Council to retain the professional services of Jarad L.

Hildenbrand to serve as City Manager of the City of Laguna Hills and to provide for certain compensation and benefits, establish conditions of employment, and set working conditions for such services.

D. City and Hildenbrand, therefore, desire to enter into this Agreement in order to specifu the terms and conditions of Hildenbrand's employment with the City as City Manager.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable oonsideration, receipt of which is hereby acknowledged, the parties agree as follows:

AGREEMENT
Section 1: Annointment and Term
A. City hereby appoints and retains Jarad L. Hildenbrand to serve as City Manager of the City of Laguna Hills and Hildenbrand hereby aocepts such employment with City beginning on May 16,2022, and continuing until City Manager or City Council terminates this Agreement pursuant to Section 7 below. The City Manager is employed by City in anooat-will" capacity serving at the pleasure of the City Council. Either the City Council or City Manager may terminate this Agreement at any time with or without cause and in its or his sole discretion, as set forth in this Agreement.
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Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) B. The Term of this Agreement shallbe for three years, commencing on May 16, 2022andendingonMay16,z\2|,unlessextendedorterminatedasprovidedherein. OnMayl6, 2023,andannuallyoneachsucceedingMay 16th whilethisAgreementiseffective,theTermolthis Agreement shall be automatically extended for one additional year. For example, on May 16,2023, the Term of this Agreement shall be automatically extended until May 16,2026;on May 16,2024, the Term of this Agreement shall be extended until May 16,2027; and so on, unless prior to such date by a majority vote of the total membership of the City Council in attendance at a lawfully called meeting, the City Council takes formal action to declare its intention to not extend this Agreement for one additional year. Any such decision by the City Council to not extend the Term by one additional year shall modify only Section l(B) of this Agreement and shall not constitute a termination for purposes of Section 7(A) of this Agreement. The parties make no representation with respect to whether such action by the City Council would amount to an adverse employment action.

Section 2: General Duties
Hildenbrand shall serve as the City Manager of the City of Laguna Hills. In that capacity, Hildenbrand shall perform all of the city manager duties specified by the Laguna Hills Municipal Code, the Government Code, and any other applicable laws of the State of California and shall perform the functions and duties as the administrative head ofthe govemment ofthe City oflaguna Hills. As City Manager, Hildenbrand shall also perform suoh other functions and duties, not inconsistent with the terms of this Agreement, as the City, by and through its duly elected City Council, may legally and properly assign to that position.

Section 3l Devotion to Cifv's Business and Hours of Work A. Hildenbrand's position as City Manager is considered a full-time position.

City Manager shall devote his time, ability, and attention to the business of the City during the term of this Agreement on a full-time basis.

B. Except as otherwise provided hereinn City Manager shall not engage in any other business, educational, or professionalpursuits whatsoever, or directly or indirectly render any service of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise (excluding honoraria or the reimbursement of expenses), without the prior consent of the City Council. Notwithstanding the foregoing, Hildenbrand may expend reasonable amounts of time for educational, charitable, personal, or professional activities which shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the professional services required under this Agreement; such limited activities shall not require the prior consent of the City Council.

C. Nothing in this Agreement prohibits City Manager from making passive personal investments or conducting private business affairs, ifthose activities are not deemed to be a conflict of interest under state law or conflict or materially interfere with the professional management services required under this Agreement.
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Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) D. City Manager's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty-hour workweek and may also inolude time outside normal office hours, including but not limited to attendance at City Council meetings, City Manager is classified as an exempt employee under the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation for hours worked in excess of forfy in a work week or eight hours per calendar day.

Section 4: Performance Evaluation
The City Council shall review and evaluate the performance ofthe City Manager annually in October or November during the term of this Agreement. All aspects of this annual review are private personnel matters within the meaning of the Brown Act and are to be conducted in Closed Session of the City Council. Upon execution of this Agreement by both parties, the City Council shall schedule time, and allocate reasonable funds if nocessary, to develop mutually agreeable procedures and uiteria for these reviews, as well as substantive goals, objectives, and performance standards which will be applied during such annual performance evaluations.

The Mayor, City Council, and the City Manager shall be jointly responsible for the creation of prooedural and substantive guidelines for these annual reviews in the first year ofthis Agreement.

After the first annual performance review, the goals, objectives, and performance standards may be modified collaboratively between City Manager and the City Council. Each annual review is to include a written statement of findings which must be provided to the City Manager, who shall be afforded an adequate opportunity to discuss this evaluation with the Mayor and City Council and thereafter to submit a written statement in response.

The City Council may retain, at its sole discretion, the services of aprofessional facilitator or qualified labor negotiator, or other qualified professional, to assist the City Council in completing this annual performance evaluation process. Failure of the City Council to review and evaluate the performance of the City Manager pursuant to this section shall not affect the right of the City Council to terminate the City Manager's employment and shall not be considered a breach of this Agreement. Following each annual performance evaluation, the City Council may, at its sole discretion, grant the City Manager a performance bonus equal to 0 - I0% of his then-current annual base salary which, if awarded, must be approved by minute action ofthe City Council and ratified by resolution.

Section 5: Salarv
A. As compensation for the professional services to be performed hereunder, effective May 16, 2022, City agrees to pay City Manager an annual base salary of Two Hundred Sixty Thousand Dollar ($260,000.00), subject to deductions and withholdings of any and all sums required for federal or state income tax, other deductions or withholdings required by then current state, federal or local law, and paid bi-weekly in accordance with the City's established accounting and payroll practices at the same time and in the same manner as other employees of the City are paid. The City shallalso deduct from his annual base salary any applicable sums that City Manager 1677478, 3

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Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) is obligated to pay because of participation in plans or programs described in Section 6 of this Agreement and City Manager hereby authorizes such deductions.

B. Any increases in the annual base salary of City Manager, to the extent provided, may be made effective at any time and shall be made in the sole discretion of the City Council. Increases in City Manager's annual base salary approved by the City Council shall not require an amendment to this Agreement to be effeotive. Such increases may be set forth in an annual employee salary resolution or minute action approved by the City Council and ratified by resolution at a regularly scheduled meeting of the City Council.

C. City Manager's annual base salary shall not be subject to or affected by any Cost of Living or Consumer Price Index adjustments approved by the City Council to the salaries of other Executive Management employees.

Section 6: Benefits and Leaves of Absence
A. Employee Benefits
Except as expressly provided for in this Agreement, City Manager shall be entitled to receive the same benefits provided to other Executive Management employees pursuant to Resolution No. 2021-07-13-4 , as may be amended from time to time by the City Council, These benefits include, but are not limited, to health insurance (medical, dental, vision), paid fixed and floating holidays, supplemental retirement contribution, retiree health savings plan, group life and disability insurance, sick leave, short and long term disability insurance, and bereavement leave.

B. Vacation
City Manager shall accrue vacation at the rate of twenty paid days each fiscal year (in addition to recognized regular and floating City holidays). The parties agree that this benefit includes and may be used for time off due to illness (whether personally or of a family member).

During the term of this Agreement, Hildenbrand may not carryover more than forty days of accrued vacation from one fiscal year to the next. At any time during the term of this Agreement, Hildenbrand shall be entitled to cash-out accrued vacation days, provided that at least ten accrued vacation days remain available. The amount paid to Hildenbrand shall be based on Hildenbrand's annual base salary at the time the vacation hours/days are cashed out. Upon separation from employment, Hildenbrand shall be paid for all accrued and unused vacation time available at that time. Effective May l6,2A22,Hildenbrand shall receive a one-time starting vacation balance often days.

C. Retirement Benefits
l City Manager shall receive retirement benefits through the California Public Employment Retirement System ("PERS"). City Manager is a Tier I employee as defined in ResolutionNo.202l-07-13-4 and shall continue to be enrolled intheZYo at 60 program, City Manager agrees to pay the full cost of the employee's contribution, currently set at7Yo of salary. 167747n t 4

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2. City Manager is entitled to participate in the International City Managers Association ("ICMA") 457 defened compensation plan. As part of City Manager's annual compensation, City agrees to provide a Seotion 457 defened compensation program for City Manager which will be administered by ICMA and to pay Ten Thousand Dollars ($ I 0,000) per year (effective January 1,2023) into such program for his benefit. Beginning January l,2023,this amount shall be paid in a lump sum in January of each calendar year thereafter during the term of this Agreement.

D. Vehicle
City shall provide City Manager with a City leased or owned vehicle of a make and model deemed acceptable by the City Council, pursuant to Laguna Hills Municipal Code Section 3-

08.130, as may be amended, during the Term of this Agreement. City shall be responsible for only the following operating costs of such vehicle: insurance; maintenance; and repair. As part of his annual compensation, City Manager shall be allowed unrestricted personal use of suoh vehicle when not engaged in City business, subject to appropriate lnternal Revenue Service reporting requirements.

E. Professional Developrnent
City acknowledges its interest in the continuing professional development of City Manager and agrees to pay all reasonable and appropriate expenses associatedwith professional dues and subscriptions and/or attendance at conferences, training opportunities, and meetings of organizations concerned with the city manager and/or the public administration profession. Such expenses must be approved in advance by the City Council during its biennial budget process.

F. Genergl Business Exoenses
The City recognizes that City Manager may incur expenses of a non-personal, jobrelated nature that are reasonably necessary to City Manager's service to the City. The City agrees to either pay such expenses in advanoe or to reimburse the expenses, so long as the expenses are incurred and submitted according to the City's established expense reimbursement policies and procedures, or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City's normal requirements and must be submitted within time limits established by the City.

G. Administrative Leave Pending an Investigation
Because City Manager is an "at-will" employee, the City is not obligated to pay City Manager pending an investigation into any alleged misconduct by the City Manager.

Notwithstanding the foregoing, in the event that the City Council determines, in its sole discretion, that it is in the best interest of the City for City Manager to be placed on paid administrative leave pending such an investigation, City Manager shall fully reimburse any salary provided for that pu{pose if the misconduct for which the City Manager was under investigation results in the City t677478.1 5

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Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) Manager being convicted of a crime involving an abuse of his office or position as defined in Section 7(A)(2) ofthis Agreement. City Manager shall fully reimburse such salary no laterthan six months after such conviotion.

Section 7: Termination and $eparation Pav
A. Termination by City Without Cause or For Reasons Other Than "Cause" l. If City terminates this Agreement (thereby terminating City Manager's employment) without cause or forreasons otherthan "cause" as defined in Paragraph B below upon the vote of a majority ofthe total membership ofthe City Council in attendance at a lawfully called meeting, and only if City Manager timely executes and delivers to City an original "separation Agreement and General Release" in the form attached hereto as Attachment l, and does not thereafter timely exercise his right to revoke said Separation Agreement and General Release, the City shall pay City Manager a lump sum severance benefit equal to the monthly salary of City Manager at the time of separation multiplied by the number of months left on the unexpired term of the employment contract, not to exceed nine months of salary, In addition, City shall continue to pay for nine months the monthly group health and medical insurance benefits as provided under the then applicable salary and benefits resolution (such severance benefits to be referred to collectively as "Separation Pay"), beginning on the date that the revocation period for the Separation Agreement has expired.

2. Such Separation Pay is considered a cash settlement related to the termination of City Manager and shall therefore be fully reimbursed to the City by City Manager if the City Manager is convicted of a crime involving an abuse of his office or position. Abuse of offtce or position shall have the meaning set forth in Government Code section 53243.4,as may be amended, of either (l) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority or (2) acrime against public justice, including, but, not limited to, a crime described in Title 5 (commencing with Section 67), Title 6 (commencing with Section 85), or Title 7 (oommencing with Section 92) of Part I of the Penal Code. City Manager shall fully reimburse such Separation Pay no later than six months after such conviction.

B. Termination by Citv For Cause
If the City terminates this Agreement (thereby terminating City Manager's employment) with cause, City Manager shall not be entitled to any Separation Pay. As used in this Agreement, "cause" shallmean any of the following:
l. Conviction of a felony; or

2. Conviction of a misdemeanor arising out of City Manager's duties or performance under this Agreement; or
Misappropriation of public funds ; or
6 3.
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4. Willful abandonment of duties consisting of the failure to report to work for five consecutive working days (for reasons not medically related) and not notising staff and the City Council of his leave status; or

5. A willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council; or 6, Any other intentional or negligent action or inaction by City Manager that: (a) materially and substantially impedes or disrupts the operations of the City or its organizational units; (b) is detrimental to employees or public safety; (c) violates properly established rules or procedures ofthe City causing a material and substantial adverse impact on the City; or (d) has a material and substantial adverse effect on the City's interests as clearly defined and delineated by properly established City Council actions, policies, regulations, or City ordinances.

C. Termination by City Before or After an Elsction for Council Membership Except as provided otherwise in Section 7(B) above, during the 90-day period immediately preceding and 18O-days following the date of a regular or special municipal election for City Council membership, City shall take no action, whether immediate or prospective, to remove, suspend, terminate, or request the resignation City Manager. City acknowledges that this period is longer, and that this provision is broader, than that specified in the Laguna Hills Municipal Code, but provides said period and provision nevertheless as an additional inducement for City Manager to enter into this Agreement.

D. Termination by Citv Manager
City Manager may resign from his employment as City Manager and terminate this Agreement at any time. City Manager agrees to give the City Council at least forty-five days advance written notice ofhis decision to resign. City Manager shall not be entitled to any Separation Pay if he resigns. City Council may choose to waive this forty-five day notice period and/or place City Manager on paid administrative leave through the effective date of the resignation. The City Council's waiver of this period shall not change the City Manager's resignation to a termination.

E, Constructive Termination
If at any time during the Term of this Agreement City refuses, following written notice, to comply with any provision benefiting City Manager, or City Manager resigns following a request that he resign made by a majority of the total membership of the City Council in attendance at a lawfully called meeting, then City Manager shall be deemed to be "terminated" as of the date of such refusal or request within the meaning and context of Section 7(A) of this Agreement. 7 1677478.1

4.9.a
Packet Pg. 99
Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) SectionS: Confidentiality
City Manager acknowledges that in the course of his employment contemplated herein, City Manager will be given or will have access to confidential and proprietary doouments and information relating to the City, its residents, businesses, employees, and customers ("Confidential Information"), Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to City Manager that is not public information or would be exempt from public disclosure as confidential, protected, exempt, orprivileged information. City Manager shall hold the Confidential Information in trust for the City's benefit and shall not disclose the Confidential Information to others without the express written consent of the City. All Confidential Information shall be promptly returned to the City immediately upon the effeotive date of any termination or resignation.

Section 9: Indemnilication
A. Excep for an act of misappropriation of public funds, or an indictment, the filing of an information, a plea of guilty or a plea of nolo contendre for a crime involving moral turpitude, City shall defend, hold harmless and indemnif City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of his employment as City Manager, using legal counsel of the City's choosing in its sole discretion, in accordance with the provisions of California Government Code SeotionS25,applicable provisions of the Government Claims Act, and other applicable law. In the event there is a conflict of interest between the City and City Manager in such a case such that qualified independent counsel is required for City Manager, the City shall paythe reasonable fees of suoh qualified independent counsel, who shall be mutually chosen by the parties, City may compromise and settle any claim or suit against the City Manager and pay the amount of any settlement or judgment rendered therefrom.

B. In the event that the City provides funds for the legal criminal defense of the City Manager, City Manager shall fully reimburse said funds to the City if City Manager is convicted of a crime involving an abuse of his office orposition as defined in Section 7(A)(z)ofthis Agreement. City Manager shall fully reimburse to City such oriminal legal defense fees no later than six months after such conviotion.

Section 10: Notices
Any notices to be given hereunder by eitherparty to the other shall be in writing and may be transmitted bypersonal delivery, electronic mail, registered mail orcertifiedmail. Notices delivered personally or by electronic mail shall be deemed communicated as of the date of delivery. Mailed notices shall be deemed communicated as of the date they are postmarked. 8 1611478.1

4.9.a
Packet Pg. 100 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) Any notices required by this Agreement shall be addressed as follows:

IF TO CITY: Laguna Hills City Council
Laguna Hills City Attorney
City of Laguna Hills
Aun.: City Clerk
24035 El Toro Road
Laguna Hills, Califo mia 92653
IF TO CITY MANAGER: JaradL. Hildenbrand
lAddress on File with Human Resources
Departmentf
Section 11: Entire Asreement
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of Hildenbrand by City and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Agreement acknowledges that no representation, inducement, promise, or agreement, orally or otherwise, have been made by any paffy, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreemento statement, or promise not contained in this Agreement shall be valid or blinding on either party.

Section12: Modifications
Any modification of this Agreement shall be effeotive only if it is in writing and signed by the parties.

Section 13: Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenantsn or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

Section 14: Partial Invaliditv
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in anyway.
9 t6774'78.1

4.9.a
Packet Pg. 101 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) Section 15: Goveruipq Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California and all applicable City regulations, resolutions, and ordinances.

Section 16: Bondins
City shall bear the full oost of any fidelity or other bonds required of the City Manager under any law or ordinance, or any insurance policies in lieu thereof.

Section 17: Citvts Policise and Procedures
The terms and conditions of City Manager's employment, including additional employment benefits of City Manager not specifically provided for in this Agreement, shall be governed by City's personnel policies and procedures, salary and benefits resolutions, and administrative regulations, to the extent not inconsistent with the provisions of this Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement shall govern.

Section 18: Citv Manaserrs Indensndent Review
Hildenbrand acknowledges that he has had the opportunity and has conducted an independent review ofthe financial and legal effects of this Agreement. Hildenbrand acknowledges that he has made an independent judgment upon the financial and legal effects of the Agreement and has not relied upon representation of the City, its elected or appointed officers and offrcials, agents or employees, other than those expressly set forth in this Agreement. Hildenbrand acknowledges that he has been advised to obtain, and has availed himself of, independent legal counselwith respect to the terms, conditions and provisions of this Agreement.

Section19: Enforcement
The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or conhoversy arising under the terms and conditions hereof shall be entitled to payment of reasonable attorneys' fees and costs.

Section 20: Authqlitv to Enter Asreement
The Mayor/the MayorPro Tempore ofthe City of Laguna Hills has the express authority to execute this Agreement with Hildenbrand pursuant to City Council Resolution No. 2022- ISIGNATURES ON NEXT PAGE]
I 677478. r
l0

4.9.a
Packet Pg. 102 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date reflected above.
.,CITY'
CITY OF LAGI-INA HILLS, a California
municipal corporation
By:

DAVE WHEELER,
Mayor
ATTEST:

MELISSA AU-YEUNG,
Deputy City Manager/City Clerk

APPROVED AS TO F

Y NIAN,
City
"CITY MANAGER"
J
Date: 4" 18'tz
1677478.1
ll

4.9.a
Packet Pg. 103 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) ATTACHMENT 1
SEPARATION AGREEMENT A}[D GENERAL RELEASE
This Separation Agreement and General Release ("Separation Agreement") is entered into by Jarad L. Hildenbrand ("City Manager") and City of Laguna Hills ("Employer"), in light of the following facts:

RECITALS
A. City Manager's employment by Employer, and the Employment Agreement under which he was employed, have been terminated effective 20 B. City Manager is hereby informed that he has 21 days from the effective date of the termination when he received this Agreement to consider it. Employer hereby advises City Manager to consult with an attorney before signing this Agreement.

C. City Manager acknowledges that for a period of 7 days following the signing of this Separation Agreement ("Revocation Period"), he may revoke this Separation Agreement. This Separation Agreement shall not become effective or enforceable until the Revocation Period has expired.

D. City Manager acknowledges that the Salary Payment referenced in paragraph 1 ofthis Separation Agreement represents all compensation due and payable to him through his termination, City Manager also acknowledges ihat Employer has made this Salary Payment without regard to whether he signs this Separation Agreement. The Salary Payment does not constitute consideration for this Separation Agreement.

E. City Manager acknowledges thatthe Separation Pay referenced in paragraph 2 ofthis Separation Agreement is in excess of all amounts that are due and owing to him as a result of his employment by Employer.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:

AGREEMENT

1. Receipt of Salary Pavment. City Manager hereby acknowledges receipt of a check for all salary and accrued leave owing ("Salary Payment") from Employer as of the effective date of this Separation Agreement (set forth in Recital A, above) pursuant to the Employment Agreement between City Manager and Employer.

2. Separation Pay. Following retum to Employer of this Separation Agreement signed by City Manager and expiration of the Revocation Period, not having been revoked by City Manager, Employer shall pay the applicable Separation Pay provided for in the Employment 1677478, 12

4.9.a
Packet Pg. 104 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) Agreement between City Manager and Employer.

3. General Release. In consideration of the Separation Pay to be given to City Manager , and other good and valuable consideration, City Manager hereby releases and discharges Employer and its past and present elected and appointed officials and officers, employees, representatives, agents and attorneys, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning andior arising out of his employment with Employer which he now has, or ever had, including but not limited to any rights, claims, causes of action, or damages arising under Title VII ofthe Civil Rights Act of l964,theAge Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938, the Americans with Disabilities Act, the Meyers-Milias Brown Act, the Vocational Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993,the California Moore-Brown-Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, or the California Labor Code, under any other federal, state, or local employment practice legislation, or under federal or state common law, including wrongful discharge, express or implied contract, breach of public policy, or violation of due process rights.

City Manager hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. City Manager understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, whieh if known by him must have materially affected his settlement with the debtor."
NotwithstandingtheprovisionsofSection 1542,andforthepurposeofimplementing a full and complete release and discharge of Employer and its past and present elected and appointed officials and officers, employees, representatives, agents and attorneys, City Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor' City Manager further acknowledges that he has read this General Release, that he understands that this is a general release, and that he intends to be legally bound by the same.

4. Fees and Costs. City Manager and Employer agree that in the event of litigation relating to this Separation Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs.

5. Continuation of Certain Provisions of Emplovment Asreement. Employer acknowledges its continuing duty to indemnify City Manager in accordance with Section 9 of the Employment Agreement notwithstanding this Separation Agreement. Employer further acknowledges its duty with respect to City Manager to comply with any and all provisions of the Laguna Hills Municipal Code conferring benefits on former employees, if any. t677478.1
13 ,'(

4.9.a
Packet Pg. 105 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle)

6. Complete Agreement. Except for the applicable provisions of the parties' Employment Agreement, which are referenced herein, this is the entire agreement between City Manager and Employer with respect to the subject matter hereof and this Separation Agreement supersedes all prior and contemporaneous oral and written agreements and discussions. It may only be amended in writing.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the dates reflected below.
''CITY MANAGER''
DATED:

JARAD L. HILDENBRAND
''CITY OF LAGLINA HILLS''
DATED
2s30 3p
a
''q}'.*lP#
(n
TJ
i]
Li
l4

4.9.a
Packet Pg. 106 Attachment: City Manager Employment Agreement and Resolution (2887 : Purchase of Electric Vehicle) 3-08.010
(Laguna Hills Supp. No. 19, 6-16) 38
Chapter 3-08

PURCHASING
Sections:
3-08.010 Adoption of purchasing system.
3-08.020 Scope of purchasing policies and
procedures – Authority and
responsibility.
3-08.030 Definitions.
3-08.040 Purchasing Officer.
3-08.050 Inspection and testing.
3-08.060 Appropriation of purchasing funds.
3-08.070 Procurement of goods and supplies,
equipment, materials, and
nonprofessional services – Up to and
including twenty-five thousand
dollars ($25,000.00) – Open market.
3-08.080 Procurement of goods and supplies,
equipment, materials, and
nonprofessional services – Greater
than twenty-five thousand dollars
($25,000.00) up to and including fifty
thousand dollars ($50,000.00) –
Informal procedures.
3-08.090 Procurement of goods and supplies,
equipment, materials, and
nonprofessional services – Greater
than fifty thousand dollars
($50,000.00) – Formal procedures.
3-08.100 Best qualified vendor.
3-08.110 Exceptions to purchasing
requirements.
3-08.120 Amendments and change orders.
3-08.130 Vehicle purchases.
3-08.140 Trade-ins.
3-08.150 Professional services contracts.
3-08.160 Amendments to professional services
contracts.
3-08.170 Exemptions to provisions of this
chapter.

Prior legislation: Ords. 02-7 and 2004-5.
3-08.010 Adoption of purchasing system.

This purchasing system is adopted in order to:

A. Establish efficient regulations, policies, and procedures for the purchase of goods and supplies, equipment, materials, and services; B. Secure on behalf of the city goods and supplies,
equipment, materials, and services at the lowest possible cost commensurate with quality needed; C. Exercise positive financial control over purchases;
D. Clearly define authority for the purchasing function; E. Assure the quality, suitability, and fitness of purchases; F. Ensure that the city obtains the highest quality of supplies and equipment and level of service at a fair and reasonable cost.
(Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.020 Scope of purchasing policies and
procedures – Authority and
responsibility.

Except as otherwise provided herein, the procurement
regulations, policies, and procedures set forth in this chapter shall apply only to the purchase of goods and supplies, equipment, materials, and professional and nonprofessional services, and shall not apply to public works construction projects. Procedures and processes for the procurement of public works construction contracts are
subject to the California Public Contract Code. The
authority and responsibility for the purchase of goods and supplies, equipment, materials, and professional and nonprofessional services is vested in the City Manager and City Council. The Purchasing Officer shall be the City
Manager or the City Manager’s designee. The Purchasing
Officer may promulgate additional administrative rules, procedures and orders necessary to implement the policies and procedures established by this chapter with regard to the purchase of goods and supplies, equipment, materials, and professional and nonprofessional services on behalf of the city. Each city department head is responsible for administering and implementing for that department the
purchasing policies and procedures set forth in this chapter. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part)) 3-08.030 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, which are applicable to both the singular and plural thereof:
“City department head” means the person who is designated by the City Manager as being responsible for each particular city department, including, but not limited to, Administration, Community Development, City Attorney, City Clerk, Community Services, Finance, Police Services, Public Services, Public Works, and City Engineering. “Estimated value” means the estimated total value as
determined by the Purchasing Officer at the beginning of the procurement process for the proposed acquisition of goods and supplies, equipment, materials, and nonprofessional services. When making this initial threshold deter4.9.b Packet Pg. 107 Attachment: Laguna Hills Municipal Code Chapter 3-08 (Purchasing) (2887 : Purchase of Electric Vehicle) 3-08.040
39 (Laguna Hills Supp. No. 19, 6-16)
mination, the Purchasing Officer shall make reasonable
use of all available market data and pricing information to estimate the total cost to the city, inclusive of taxes, licenses, freight charges, installation charges, fees, and other consideration, for the proposed procurement. The
Purchasing Officer shall not use the value of any anticipated exchange or trade-in amount to reduce the estimated value of the proposed procurement.
“Goods and supplies, equipment, and materials”
means fixed, movable, disposable, and/or reusable products, commodities, or items used by the city, including but not limited to office supplies, program supplies, subscriptions, vehicles, fuel and vehicle supplies, tools, computers, computer hardware and software, computer-related equipment and copiers, office furniture, and fixtures.
“Nonprofessional services” means those services not
constituting professional services or public works projects. “Professional services” means those services provided by any specially trained and experienced person, company, corporation, or firm in areas including but not limited to private architectural, landscape architectural, engineering, environmental, land surveying, construction project management, management and administration,
financial, accounting, auditing, actuarial, economic
and/or development and planning, which involve the
exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise,
training, or unique skills gained by formal studies or experience. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part)) 3-08.040 Purchasing Officer.

There is hereby created the position of Purchasing
Officer. The Purchasing Officer shall be responsible for, and have general supervision of, the following purchasing functions as implemented by various departments
throughout the city pursuant to this chapter and any
implementing administrative orders established by the
Purchasing Officer. The Purchasing Officer shall be the City Manager or the City Manager’s designee. Pursuant to the regulations, policies, and procedures established in this chapter, the Purchasing Officer shall have the authority to:

A. Purchase or contract for goods and supplies, equipment, materials, and professional and nonprofessional services; B. Negotiate, approve, and execute, as well as recommend approval and execution of, orders and contracts for the purchase of goods and supplies, equipment,
materials, and professional and nonprofessional services; C. Act to procure on behalf of the city the needed quality in goods and supplies, equipment, materials, and services at the least expense to the city; D. Discourage uniform bidding and endeavor to obtain
as full and open competition as possible on all purchases; E. Prepare administrative rules, procedures, and orders necessary to implement the policies and procedures
established by this chapter with regard to the purchase of goods and supplies, equipment, materials, and services on behalf of the city; F. Keep informed of current developments in the field of municipal purchasing, pricing, market conditions,
new technologies, and new products and services;
G. Prescribe and maintain such forms and other rules and regulations as reasonably necessary for the proper
implementation of the policies and procedures established in this chapter; H. Coordinate the inspection of all goods and supplies, equipment, materials, and services purchased on
behalf of the city to ensure conformance with specifications; I. Recommend the transfer of underutilized, surplus, or unused goods and supplies, equipment, and materials
between departments as needed and the sale of such
goods and supplies, equipment, and materials which
cannot reasonably be used by any department or
which become unsuitable or obsolete for city use;
J. Maintain and update periodically a vendor master file or list necessary for the efficient operation of purchasing functions; K. Consider and encourage the purchase of recycled and
recyclable materials and environmentally friendly
products, whenever practicable and cost effective or
efficient; and
L. Except as otherwise required by law, where other factors are equal, consider the procurement of goods and supplies, equipment, and materials from businesses
located within the city.
(Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.050 Inspection and testing.

The Purchasing Officer or requesting department
shall inspect goods and supplies, equipment, and materials delivered, as well as contract services performed, to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer or requesting department shall have the right to waive any defect, irregularity, or informality. The Purchasing Officer or requesting department shall have the authority to require demonstrative testing of samples submitted with

4.9.b
Packet Pg. 108 Attachment: Laguna Hills Municipal Code Chapter 3-08 (Purchasing) (2887 : Purchase of Electric Vehicle) 3-08.060
(Laguna Hills Supp. No. 19, 6-16) 40
bids and samples of deliverables which are necessary to determine their quality, fitness for a particular use, and conformance with specifications. (Ord. 2016-3 § 1 (part):

Ord. 2011-1 § 1 (part))
3-08.060 Appropriation of purchasing funds.

The City Council is responsible for and shall appropriate such funds as are necessary to carry out the provisions of this chapter. Except in cases of emergency, or as otherwise provided in this chapter, the City Manager shall not issue any purchase order or contract for goods and
supplies, equipment, materials or services unless there exists an unencumbered appropriation in adopted budget
against which such purchase may be charged. The City
Manager has the authority to transfer unencumbered
funds between and among City departments as necessary
for the procurement of goods and supplies, equipment,
materials, and services as necessary to implement the provisions of this chapter. (Ord. 2016-3 § 1 (part): Ord. 2011- 1 § 1 (part))
3-08.070 Procurement of goods and supplies,
equipment, materials, and
nonprofessional services – Up to and
including twenty-five thousand dollars
($25,000.00) – Open market.

The procurement of goods and supplies, equipment,
materials, and nonprofessional services with an estimated value of up to and including twenty-five thousand dollars ($25,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, may be made by the Purchasing Officer in the open market
without observing the procedures set forth in Sections 3-

08.080 and 3-08.090. At least three informal quotes
should be obtained, when practicable. (Ord. 2016-3 § 1
(part): Ord. 2011-1 § 1 (part))
3-08.080 Procurement of goods and supplies,
equipment, materials, and
nonprofessional services – Greater
than twenty-five thousand dollars
($25,000.00) up to and including fifty
thousand dollars ($50,000.00) –
Informal procedures.

The procurement of goods and supplies, equipment,
materials, and nonprofessional services with an estimated value of greater than twenty-five thousand dollars
($25,000.00) up to and including fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the informal procedures set forth in this section.

A. The requesting department shall solicit informal proposals by telephone or written request to prospective vendors.

B. Except as otherwise provided in this chapter, purchases shall be based on at least three informal proposals.

C. Informal proposals shall be submitted by prospective vendors to the requesting department. The City Clerk
shall retain a record of all informal proposals for a
period of two years following completion of the informal procedures established in this section, which shall be made available for public review and inspection upon request.

D. The order or contract shall be awarded by the Purchasing Officer to the lowest proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100.
(Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.090 Procurement of goods and supplies,
equipment, materials, and
nonprofessional services – Greater
than fifty thousand dollars ($50,000.00)
– Formal procedures.

The procurement of goods and supplies, equipment,
materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.

A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly
noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment,
materials, or nonprofessional services in general
terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.

B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city’s official
website. In addition, such notice may also include
trade publications when practicable.

C. Bid Opening Procedure. Sealed bids or proposals
shall be submitted to the office of the City Clerk or
requesting city department and shall be identified as
formal competitive bids or proposals on the outside of

4.9.b
Packet Pg. 109 Attachment: Laguna Hills Municipal Code Chapter 3-08 (Purchasing) (2887 : Purchase of Electric Vehicle) 3-08.100
40-1 (Laguna Hills Supp. No. 19, 6-16)
the sealed envelope. The City Clerk or requesting city
department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting
city department head shall open all bids or proposals
in public at the time and place stated in the notice
inviting bids. A tabulation of all bids or proposals
received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period
of not less than thirty (30) calendar days after the bid opening.

D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and
may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are
rejected and the City Council resolves by a recorded
majority vote of the total membership of the City
Council that the procurement can be performed more
economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.

E. Tie Bids. If two or more formal bids or proposals
received are the same and are the lowest, the City
Council may accept the one it chooses.

F. Award of Contracts. Contracts or purchase orders
shall be awarded by the City Council to the lowest
bidder or proposer consistent with the best qualified
vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of
the City Council shall be final. The City Council may
authorize that such purchase orders or contracts be
executed by either the Mayor or the City Manager, or
the City Council may otherwise delegate such signature authority.

G. No Bids Received. If no bids or proposals are
received, the purchase may be let in the open market
or by the informal procedures set forth in Section 3-

08.080, subject to City Council approval.

H. Performance Bonds. The Purchasing Officer shall
have authority to recommend that a performance
bond or other form of security or guarantee be
required before entering into a contract in such
amount as may be reasonably necessary to protect the
best interests of the city. If a performance bond or
other form of security or guarantee is required, the
form and amount of the bond, security or guarantee
shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a
form approved by the City Attorney.

I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect,
irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.100 Best qualified vendor.

In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services; B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and
supplies, equipment, materials, or nonprofessional
services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and
experience to satisfactorily perform;
E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor; F. The quality of vendor’s performance history and
record on previous purchases or contracts with the
city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and
regulations promulgated thereunder.
(Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.110 Exceptions to purchasing
requirements.

The procurement policies and procedures set forth in
Sections 3-08.070, 3-08.080, 3-08.090 and 3-08.150 need

4.9.b
Packet Pg. 110 Attachment: Laguna Hills Municipal Code Chapter 3-08 (Purchasing) (2887 : Purchase of Electric Vehicle) 3-08.110
(Laguna Hills Supp. No. 19, 6-16) 40-2
not be followed, may be dispensed with, and are not applicable, irrespective of their estimated value, when the City Council or Purchasing Officer find and determine that the following situations, purchases, procurements or contracts apply, but are otherwise subject to the purchasing limitations set forth in this code:

A. When goods and supplies, equipment, materials, or
contract services are of a unique, sole source nature
because of their quality, durability, availability, or fitness for a particular use and are available only from one source. A sole source procurement is a procurement where only one source is practicably available for the type of procurement required;
B. When the goods and supplies, equipment, materials,
or nonprofessional services are proprietary. A proprietary procurement is a procurement where the desired good or service must be restricted to one manufacturer because the good or service is compatible with or is an integral component of existing equipment or
products, is necessary to support a specific need of a
program, is covered by patent or copyright, must yield
absolute continuity of results, or is one with which a
user has extensive experience and the use of any other
similar good or service would require considerable
reorientation and training. Under such circumstances,
an equitable evaluation of comparable goods or services should be made showing that rejection of other goods or services is based solely on their failure to
meet that need;
C. When after a reasonable attempt has been made to
obtain informal bids or proposals, and it has been
determined by the Purchasing Officer that three bids
or proposals cannot be obtained;
D. When emergency conditions require the immediate
purchase of goods and supplies, equipment, materials,
or services. For purposes of this section, emergency
purchases are those procurements that are required to
prevent immediate interruption or cessation of necessary city services or to safeguard life, property, or the public health and welfare. The Purchasing Officer
shall file promptly with the City Council a report
showing such conditions and the necessity for such
action, together with an itemized account of all
expenditures;
E. When formal bidding is not likely to result in the lowest price. However, under such circumstances compliance with the informal procedures set forth in Section 3-08.080 should be considered;
F. When a specific make, model, or brand is necessary to match existing city equipment or to facilitate the continuity of effective maintenance and support; G. When the goods and supplies, equipment, materials,
or nonprofessional services are available from a vendor who has been selected as the lowest bidder through a procurement with another local public
agency or government entity using competitive bidding procedures substantially the same as or similar to those normally utilized by the city for the acquisition of such goods and supplies, equipment, materials, or
services, and when the price offered to the city is substantially equivalent to that offered to the other public agency or government entity;
H. When the goods and supplies, equipment, materials,
or nonprofessional services are available from suppliers who have been awarded contracts by the state of California for the purchase of goods and supplies,
information technology, and services where state procurement is made in the form of master agreements, price schedules, or multiple award schedules that
allow the state to take advantage of leveraged pricing
that can be obtained through the state’s buying power
and where the state has determined that such vendor
pricing is deemed to be reasonable, fair, and competitive. Pursuant to such state multiple award programs, the Purchasing Officer or City Council may make
these purchases directly from the vendors without
competitive bidding, or the state may provide assistance to the city in making such purchases; I. When an unusual or unique situation exists, in that
due to experience, specialized qualifications, particular expertise, performance history, and/or reputation, a particular company, vendor, consultant, or contractor is uniquely qualified for a particular task or project, which makes application of the requirements for competitive solicitation under this chapter contrary to either the intended purpose of the project or the public interest;
J. When, in the opinion of the City Council, it is determined that compliance with the procurement policies, procedures and/or requirements is not in the best
interest of the city;
K. When goods and supplies, equipment, or nonprofessional services are for information technology or computer hardware, software, programming, or
related equipment and devices, such procurements
shall be subject to the informal procedures set forth in Section 3-08.080;
L. When goods and supplies, equipment, materials, and
nonprofessional or professional services are for any
of the following:

1. Contracts for professional or other expert witnesses if the purpose of such contracts is to pro4.9.b Packet Pg. 111 Attachment: Laguna Hills Municipal Code Chapter 3-08 (Purchasing) (2887 : Purchase of Electric Vehicle) 3-08.120
40-3 (Laguna Hills Supp. No. 19, 6-16)
vide for professional services or testimony
relating to an existing or probable judicial proceeding in which the city is or may become a party, including contracts for special investigative services;

2. Contracts to commission original works of art,
and for fine art or any form of public art;

3. The purchase of miscellaneous books, magazines, newspapers, subscriptions, online library reference services, film, videos, and assorted
materials;

4. Intergovernmental payments, purchases, and
agreements, including but not limited to contracts
for the procurement of law enforcement or other
public safety services;

5. Contracts for government affairs, public relations, and legislative advocacy or affairs;

6. Contracts for economic development services;

7. Specialized seminar, training, and educational
classes;

8. Contracts for election services;

9. Contracts for appraisal services;

10. Contracts for entertainment services;

11. Contracts for community support and/or recreation services;

12. Contracts for printing and/or graphical design
services.
(Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.120 Amendments and change orders.

Following the award of a procurement contract for
goods and supplies, equipment, materials, or nonprofessional services pursuant to Sections 3-08.070, 3-08.080, and 3-08.090, the contract may be amended by the issuance of a change order or amendment, provided the change which is the subject of the change order or amendment is reasonably related to the scope of the original contract. The requesting department will maintain control relative to the scoping, estimating, and negotiating of the proposed change(s) and the Finance Director will confirm the availability of funds for the proposed change in the event that the change order increases the contract cost.

Any change order or amendment which results in a total
contract amount of fifty thousand dollars ($50,000.00) or less may be approved by the Purchasing Officer. Any
change order or amendment which results in a total contract amount of greater than fifty thousand dollars ($50,000.00) shall be approved by the City Council. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.130 Vehicle purchases.

Any vehicle(s) with an estimated value greater than
twenty thousand dollars ($20,000.00) to be purchased or leased by the city shall be approved in advance by the City Council prior to commencement of the procurement process. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part)) 3-08.140 Trade-ins.

The Purchasing Officer is authorized to exchange for
or trade in goods and supplies, equipment, and materials for the purpose of exchanging or trading in such supplies and equipment for like-kind replacement, for other commodities, products, equipment, or property, or for rebate, down payment, or credit toward the purchase of other
similar goods and supplies, equipment, or materials. The Purchasing Officer shall not consider the trade-in value amount in calculating the procurement authority dollar
thresholds established in Sections 3-08.070, 3-08.080,
and 3-08.090. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1
(part))
3-08.150 Professional services contracts.

A. The informal and formal bidding procedures contained in this chapter shall not apply to contracts for professional services. Rather, to secure professional
services, the city shall utilize a request for proposals procedure, the method and details of which shall be
promulgated by the City Manager in the form of
administrative regulations. The City Manager may
award any contract for professional services when the
total not to exceed contract amount of such services is fifty thousand dollars ($50,000.00) or less. Any contract for professional services having a total contract amount of greater than fifty thousand dollars
($50,000.00) shall be awarded by the City Council.

B. In the event of a vacant city employee position previously approved by the City Council, the City Manager shall have the authority to award any and all contracts for the same or substantially similar services to independent contractors or consultants when the cost of such contract does not exceed the salary,
benefits, and other related costs of the vacant position.

C. Notwithstanding any provision in this chapter to the contrary, selection by the city for professional services in areas including but not limited to private architectural, landscape architectural, engineering,
environmental, land surveying, construction project
management, management and administration, financial, accounting, auditing, actuarial, economics, and/or development and planning, which involve the

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(Laguna Hills Supp. No. 19, 6-16) 40-4
exercise of discretion and independent judgment
together with an advanced or specialized knowledge,
expertise, training, or unique skills gained by formal
studies or experience, shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and shall not be awarded solely on
the basis of cost. In order to implement this method of selection, the City Manager shall promulgate administrative regulations concerning contracting for professional services to ensure that such services are engaged on the basis of demonstrated competence
and qualifications for the types of services to be performed and at fair and reasonable prices to the city. In accordance with state law, the city shall consider
price after the city is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required.
(Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.160 Amendments to professional services
contracts.

Contracts for professional services pursuant to Section 3-08.150 may be amended by the issuance of a written amendment provided the change which is the subject of the amendment is reasonably related to the scope of the original contract. The requesting department will maintain control relative to the scoping, estimating, and negotiating of the proposed change(s), and the Finance Director will confirm the availability of funds for the proposed change in the event that the amendment increases the contract cost. Any amendment which results in a total contract amount of fifty thousand dollars ($50,000.00) or less may be approved by the City Manager. Any amendment which results in a total contract amount of greater than fifty thousand dollars ($50,000.00) shall be approved by the City Council. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))
3-08.170 Exemptions to provisions of this
chapter.

The provisions of this chapter are not applicable to the following procurements, which may be approved by the
City Council and are otherwise subject to the requirements of this code: contracts for banking and/or investment services; franchise agreements; and contracts for procuring and maintaining insurance policies for the benefit of the city. (Ord. 2016-3 § 1 (part): Ord. 2011-1 § 1 (part))

4.9.b
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City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager/City Clerk
ISSUE: Approval of Fiscal Year 2022-2023 Law Enforcement Services Agreement with the County of Orange
RECOMMENDATION: That the City Council approve the Fiscal Year 2022/2023 Law Enforcement Services Agreement between the County of Orange and the City of Laguna Hills and authorize the Mayor to execute the Agreement.

SUMMARY:

The fiscal year 2022/2023 Law Enforcement Services Agreement with the County of Orange will provide the City with a police services complement of 30.14 full-time equivalent employees, including shared staffing with the cities of Laguna Woods and Aliso Viejo. The total cost of the Agreement is $9,742,502. Similar to the previous fiscal year, this year’s agreement represents an 8.16% increase over the final FY 2021/2022 contract total.

Three notable changes to the Agreement contributing to the increase include the addition of a Deputy Sheriff II (DSII) patrol position, totaling $307,545, the purchase and implementation of Body Worn Cameras (BWC), at a cost of $279,547, and, lastly, an annual proposed reduction of vacancy credits of approximately $50,000. Staff recommends the City Council approve the Agreement and authorize the Mayor execute the Agreement.

BACKGROUND:

The FY 2022/2023 Final Estimate Contract Detail (attached) includes the Orange County

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Sheriff’s Department’s (OCSD) cost projections for the FY 2022/2023 Law Enforcement Agreement with the County of Orange. The total cost of the Agreement is $9,742,502, which represents an 8.16%, or $734,956, increase over the final FY 2021/2022 contract total.

Contract Enhancements
There are three notable enhancements included in the FY 2022/2023 Final Estimate Contract Detail. The first enhancement is the addition of a Deputy Sheriff II (DSII) position, totaling $307,545. This is a patrol position which will increase the City’s complement of DSII patrol officers to a total of 16. Secondly, the FY 2022/2023 Agreement includes the cost of purchasing and implementing the Body Worn Camera (BWC) program, at a total cost of $279,547. This is a one-time, lump-sum cost, although there will be some ongoing maintenance costs included in future year Agreements.

Lastly, the Agreement includes a reduction of vacancy credits totaling approximately $50,000, which is anticipated to be an annual cost until the accrued vacancy credits are exhausted.

Salaries and Benefits
Salaries will increase by 7.98% and benefits will increase by 3.82%, representing a combined increase of $368,230 over the FY 2021/2022 Agreement. Approximately $256,000 of the increase is attributed to the addition of the DSII patrol position. The remaining increase is largely attributed to labor agreements between the County of Orange and various labor groups, as well as contribution increases to enhanced defined benefit retirement plans provided to both sworn and unsworn personnel.

Overtime
The overtime cost for the year is projected to be $650,274, representing a 3.90%, or $24,391 increase over the previous fiscal year. Overtime amounts are based on a historic three-year average of actual usage and reconciled at the end of the fiscal year based on actual usage. Any overage will be billed to the City and any underutilization will be credited to the City.

Services & Supplies
The majority of Services & Supplies is comprised of liability insurance, which is charged per position for both direct purchase positions and regionally shared positions. The remainder of the costs include Education & Professional reimbursements, as well as all necessary ticket books, forms, and office supplies. Services & Supplies will increase by

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5.27%, or $13,283, over the previous fiscal year.

Indirect Costs
Indirect Costs are comprised of Overhead Costs and Training Costs. The City pays three separate overhead costs: Departmental, Division, and County Wide Cost Allocation Plan (CWCAP). Together, these costs represent an increase of $47,451. Departmental overhead is the allocation of administrative and technical support function costs that provide direct services to OCSD, including, but not limited to, the Financial/ Administrative Services Unit, Professional Standards Division, and Community Programs Division. Division overhead costs are associated with the various Memorandum of Understanding between the County of Orange and various labor groups for sworn and civilian personnel. CWCAP amounts include costs for County-provided services such as County Counsel, Accounting and Payroll, and depreciation of equipment.

The final Agreement is included as an attachment to this report and Staff is recommending approval of the Agreement as presented.

FISCAL IMPACT:

The total FY 2022/2023 cost of the proposed OCSD Agreement is $9,742,502, which exceeds the $9,651,658 budgeted in FY 2022/2023 of the 2021-2023 Biennial Budget.

However, Staff is anticipating coming in under the law enforcement Agreement budget in the current FY 2021/2022 due to current vacancies, which is anticipated to fully offset the overage in FY 2022/2023. In accordance with City Council Policy No. 105, all appropriations in the Operating Budget will automatically by carried over from the first year to the second year of the two-year budget period. Hence, Staff will prepare an Administrative Budget Amendment to carry-over the budget savings from the FY 2021/2022 law enforcement Agreement to FY 2022/2023. Furthermore, it is the standard practice for the City to provide payment to OCSD within 10 days of receiving the monthly invoice, in order to receive the 0.25% discount with each early payment, which should result in a discount of $24,356 for FY 2022-2023.

It should be noted that the total cost of the Agreement represents approximately 41.6% of estimated General Fund expenditures for FY 2022/2023.

ATTACHMENTS:
• Fiscal Year 2022/23 Final Cost Detail
• FY 2022/23 Law Enforcement Services Agreement

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City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: Legislative Update for the 2022 Legislative Session RECOMMENDATION: That the City Council affirm the City Recommended Positions listed in the Legislative Update.

SUMMARY:

Each year, the City actively monitors the activity of the Legislature and advocates on legislation that may have an impact, either positive or negative, on the Laguna Hills community. Since the last legislative update provided to the City Council on March 22, 2022, there have been numerous amendments to bills of interest to the City, including changes to two (2) bills – AB 2011 and SB 904 – of which the City Council has advocated its position to the California State Legislature. In addition, there is a brief update to Initiative No. 21-0042A1 pertaining to circulation requirements.

The purpose of this report is to provide the City Council with 1) a review of legislative resources that are currently available to the City as it pertains to the identification, monitoring, and advocacy of bills, 2) an overview of the remaining key legislative dates as outlined by the State Legislature’s 2022 Legislative Calendar, 3) a summary of legislation that is of particular importance to the City and/or that the City Council has officially advocated, and 4) a brief update to Initiative No. 21-0042A1.

BACKGROUND:

The State Legislature reconvened on January 3, 2022, for its 2022 Regular Session. The Legislature has been busy since the start of its session, and together, both the Senate

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and the Assembly introduced over 2,000 bills.

Many of the bills introduced in the current legislative session are related to local control of zoning, housing development, and homelessness, all of which have been, and continue to be, key policy and legislative priorities for the Legislature and the Governor.

Given that such priorities may have severe long-term consequences on the City’s ability to maintain its authority over local issues, it is important for the City to actively monitor and advocate bills during this legislative session.
1) Legislative Resources
As it pertains to legislative affairs and advocacy, the City has a variety of resources available to it which are coordinated by the City Manager’s Office. • Lobbying and Legislative Monitoring: The City’s long-term partner, Gonsalves & Son, provides lobbying and legislative services, which includes analysis of bills and policies from the Legislature. Additionally, Gonsalves & Son provides legislative monitoring services to the City and notifies the City of potentially problematic legislation.
• Legal Analysis: The City Attorney provides detailed legal analysis of legislation and assists the City Manager’s Office with the identification of policy language that may be of significance to the City.
• Association of California Cities – Orange County: The City is a member of the Association of California Cities – Orange County (ACC-OC), which represents the interests of Laguna Hills and Orange County cities on regional public policy issues.

ACC-OC has numerous policy committees and working groups that advocate on behalf of the City.
• League of California Cities: As a non-member in the League of California Cities, the City may attend a limited number of legislative-related webinars and events for a fee. Additionally, the League of California Cities may release bill briefs, bill analyses, and advocacy letters to non-members.
• Legislative Calendar: Each year, the Legislature adopts a new Legislative Calendar that identifies key legislative deadlines for each house and provides an overview of important activities throughout the session.

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2) Remaining Key Deadlines on the Legislative Calendar
With these resources, and by utilizing the deadlines of the Legislative Calendar, the City can develop a strategy to maximize its advocacy efforts during the legislative session. To that end, there are a few important dates on the Legislative Calendar that may be of particular importance to the City Council.
• Friday, June 30, 2022: This is the last day for a legislative measure, such as an initiative, to qualify for the November 8, 2022, General election ballot. • Friday, August 31, 2022: This is the last day for any bill to be passed. After this date, the City will know which bills have passed the committee process and are headed to the Governor’s desk to be signed into law or vetoed. At this point, staff can provide a legislative update to the City Council with its recommendations to continue, or not, to advocate a position on a bill.
• Friday, September 30, 2022: This is the last day for the Governor to sign into law or veto a bill. After this date, staff can provide the City Council with a legislative update describing which bills of interest to the City were signed into law, including any impact the bill will have on the City, if any. 3) Legislative Update
Since the last legislative update to the City Council on March 22, 2022, Staff has identified a number of bills that the City may be interested in taking a position on in the near future. Furthermore, at the May 24, 2022, City Council meeting, the City Council advocated the positions of oppose and support on AB 2011 (Wicks) and SB 904 (Bates), respectively.

A summary of each bill is provided below, and it should be noted that this is not an exhaustive or complete list of bills that the City may take a position on during the legislative session.

Assembly Bill (AB) 682 (Bloom) – Planning and zoning: density bonuses: cohousing buildings.

Status: This is an active bill in the Senate, currently being heard by the Senate Committee on Housing. The bill was last heard on June 13, 2022.

City Recommended Position: Watch.

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Other entities’ positions: Cal Cities has taken a Watch position. ACC-OC has taken a Watch position.

Summary: Current law Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, specified percentages of units for moderate-income, lower income, or very low-income households and meets other requirements. This bill would additionally require that a density bonus be provided under these provisions to a developer who agrees to construct a housing development that is a cohousing building, as defined, that meets specified requirements and will contain either 10% of the total square footage for lower income households, as defined, or 5% of the total square footage for very low-income households, as defined.

AB 916 (Salas) – Zoning: accessory dwelling units: bedroom addition.

Status: This is an active bill in the Senate, currently being heard by the Senate Committee on Housing. The bill was last heard on June 13, 2022.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position.

Summary: This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.

AB 1551 (Santiago) – Planning and zoning: development bonuses: mixed-use projects.

Status: This is an active bill in the Senate, currently in the Senate Committee Governance and Finance. The bill was last amended on January 13, 2022.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position. ACC-OC has taken a Watch position.

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Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Previously existing law, until January 1, 2022, required a city, county, or city and county to grant a commercial developer a development bonus when an applicant for approval of a commercial development had entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a joint project or 2 separate projects encompassing affordable housing. This bill would reenact the above-described provisions regarding the granting of development bonuses to certain projects.

AB 1599 (Kiley) – Proposition 47: repeal.

Status: This bill failed passage out of the Assembly Committee on Public Safety on April 26, 2022.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Support position.

Summary: This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis.

Upon passage by the legislature and approval by the Governor, this repeal to Proposition 47 is to be placed on the general election ballot on November 8, 2022, and requires a majority vote for final approval.

AB 2011 (Wicks) – Affordable Housing and High Road Jobs Act of 2022.

Status: This is an active bill in the Assembly, currently being heard by the Assembly Committee on Appropriations. The bill was last amended on May 11, 2022 and is currently awaiting a new hearing date.

City Recommended Position: Continue opposing. The City Council officially opposed this bill on May 24, 2022, and a letter of opposition signed by the Mayor was submitted to the California State Legislature.

Other entities’ positions: Cal Cities has taken an Oppose position. ACC-OC has taken an Oppose position.

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Summary: This bill would establish by-right authority to develop affordable housing in areas currently zoned for office, retail, or parking, regardless of any inconsistency with a city’s previously adopted general plan, specific plan, zoning ordinance, or regulation.

Specifically, AB 2011 would establish two streamlined, ministerial review processes for these development projects – one for 100% low-income development projects and one for mixed-income projects. Additionally, this bill would require the payment of prevailing wages for the projects described above, establish a requirement for the use of a state-approved apprenticeship program, and create a requirement for health care contributions for work on projects with 50 or more housing units.

AB 2011 would prohibit cities from increasing fees on projects using these streamlined, ministerial review processes. Furthermore, the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from the California Environmental Quality Act (CEQA).

AB 2063 (Berman) – Density bonuses: affordable housing impact fees.

Status: Dead.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position.

Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development in the city or county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to, among other things, construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents, including lower income students.

This bill would prohibit affordable housing impact fees, including inclusionary zoning fees, in-lieu fees, and public benefit fees, from being imposed on a housing development’s density bonus units.

AB 2221 (Quirk-Silva) – Accessory dwelling units.

Status: This is an active bill in the Senate, currently being heard by the Senate Committee on Housing. The bill was last amended on June 6, 2022 and was last heard on June 13, 2022.

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City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position.

Summary: The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Current law requires a permitting agency to act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes. This bill would provide that the requirement for an agency to act on an application means either to return in writing a full set of comments to the applicant with a comprehensive request for revisions or to return the approved permit application. The bill would require the permitting agency to complete all required service upgrades within 60 days of request if service upgrades are required for the project to pass final inspection.

AB 2328 (Flora) – Local ordinances: home experience sharing.

Status: Dead.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken an Oppose position.

Summary: Current law defines "hosting platform" as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit. This bill would prohibit a city or county from prohibiting or effectively prohibiting the use of property as a home experience sharing unit. The bill would define "home experience sharing unit" as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to reasonably regulate home experience sharing units to protect the public’s health and safety.

AB 2339 (Bloom) – Housing element: emergency shelters: regional housing need.

Status: This is an active bill in the Senate located in the Senate Committee on Housing.

The bill was last amended on May 2, 2022, and was last heard on June 13, 2022.

City Recommended Position: Watch.

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June 14, 2022

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Other entities’ positions: Cal Cities has taken a Watch position.

Summary: The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. This bill would revise the requirements of the housing element in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would prohibit a city or county from establishing overlay districts to comply with these provisions.

AB 2449 (Rubio) – Open Meetings: local agencies: teleconferences.

Status: This is an active bill in the Senate, currently located in the Senate Committee on Governance and Finance. The bill was last amended on May 23, 2022 and is awaiting its next hearing date from the Committee.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Support in Concept position.

Summary: Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill would authorize a local agency to use teleconferencing without complying with those specified teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. The bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions.

AB 2668 (Grayson) – Planning and zoning: housing: streamlined, ministerial approval.

Status: This is an active bill in the Senate, currently located in the Senate Committee on Housing. This bill was last heard on June 13, 2022.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position.

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Summary: This bill would prohibit a local government from determining that a development, including an application for a modification, is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains sufficient information that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

Senate Bill (SB) 897 (Wieckowski) – Accessory dwelling units: junior accessory dwelling units.

Status: This is an active bill in the Assembly and is currently located in the Assembly Committee on Housing and Community Development. The bill was last amended on May 19, 2022, and is scheduled for hearing on June 15, 2022.

City Recommended Position: Oppose.

Other entities’ positions: Cal Cities has taken an Oppose position. ACC-OC has taken an Oppose position.

Summary: The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable.

SB 904 (Bates) – Controlled Substances: treatment.

Status: This is an active bill in the Assembly and is currently located in the Assembly Committee on Public Safety. The bill was last amended on May 19, 2022, and is scheduled to be heard on June 14, 2022.

City Recommended Position: Continue supporting. The City Council officially supported this bill on May 24, 2022, and a letter of support signed by the Mayor was submitted to the California State Legislature.

Other entities’ positions: Cal Cities has taken a Watch position. ACC-OC has taken a Support position.

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Summary: This bill would clarify the standards of controlled substance education and treatment programs for certain individuals on probation for nonviolent drug possession offenses and for individuals participating in drug diversion programs. In particular, this bill would provide clarity to existing law by specifying that a controlled substance education and treatment program shall be based on the best available current science and provide educational resources on the pathology of addiction and existing treatment modalities.

Furthermore, SB 904 would require that controlled substance education or treatment programs include information about how the use of controlled substances affects the body and brain, factors that contribute to physical dependence, how to recognize and respond to the signs of drug overdose, and the dangers of using controlled substances.

SB 1100 (Cortese) – Open Meetings: orderly conduct.

Status: This is an active bill in the Assembly and is currently located in the Assembly Committee on Local Government. The bill was last amended on June 6, 2022, and is scheduled to be heard on June 15, 2022.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position.

Summary: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. This bill would authorize the members of the legislative body conducting a meeting to remove an individual for willfully interrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning by the presiding member of the legislative body that the individual is disrupting the proceedings, a request that the individual curtail their disruptive behavior or be subject to removal, and a reasonable opportunity to respond to the warning.

SB 1464 (Pan) – Law enforcement: public health orders.

Status: Dead.

City Recommended Position: Watch.

Other entities’ positions: Cal Cities has taken a Watch position.

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June 14, 2022

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Summary: Current law requires all sheriffs to execute all lawful orders of a department in their counties. Current law authorizes each sheriff to enforce all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This bill would instead require those sheriffs and peace officers to enforce those orders. 4) Update on Initiative No. 21-0042A1
Overview of Initiative
Initiative No. 21-0042A1, an initiative constitutional amendment, would change the rules for how state and local governments can impose taxes, fees, and other charges.

For new state taxes, the Initiative would require approval by two-thirds of each house of the legislature and by majority vote of the statewide electorate. New local taxes would require approval by two-thirds of local voters, and local governments would be required to identify the type and amount or rate of the tax, including its duration.

New state and local government fees would require approval by majority vote of the legislature or local government body. The Initiative would also prohibit state and local governments from delegating fee changes to administrative entities. Furthermore, certain categories of fees could not exceed actual costs.

According to a fiscal analysis prepared by the Legislative Analyst’s Office, the Initiative may lead to substantially lower annual state and local tax and fee revenues.

Additionally, state and local governments may have increased costs to adjust certain fee levels.

Status Update
To qualify for the ballot, the Initiative requires at least 997,139 signatures from registered voters during the 180-day circulation period beginning on February 3, 2022.

On May 16, 2022, the proponent of the Initiative certified with the California Secretary of State that the measure has gathered 25%, or 249,285, of the required number of signatures to qualify for the ballot.

ATTACHMENTS:
• Signed Letter of Opposition to AB 2011
• Signed Letter of Support for SB 904
• Initiative No. 21-0042A1 Circulation Update dated March 16, 2022

4.11 Packet Pg. 170

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Packet Pg. 171 Attachment: Signed Letter of Opposition to AB 2011 (2885 : Legislative Update for the 2022 Legislative Session)

4.11.b
Packet Pg. 172 Attachment: Signed Letter of Support for SB 904 (2885 : Legislative Update for the 2022 Legislative Session) 1 2
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SECRETARY OF STATE OF THE STATE OF CALIFORNIA
SOS# 1935 (AG# 21-0042) ) CERTIFICATION OF COLLECTION OF ) 25% OF THE NUMBER OF
) SIGNATURES NEEDED TO QUALIFY
) INITIATIVE MEASURE FOR THE
) BALLOT

LIMITS ABILITY OF VOTERS AND

STATE AND LOCAL GOVERNMENTS TO

RAISE REVENUES FOR GOVERNMENT
SERVICES. INITIATIVE
CONSTITUTIONAL AMENDMENT. )
) (ELECTIONS CODE § 9034)
)
)
)
) _ __________ )
In accordance with California Elections Code section 9034, the undersigned proponent(s) of the above-referenced statewide initiative proposal, hereby certify that at least 25 percent of the number of signatures required to qualify the measure for the ballot have been obtained.

Executed under penalty ofperjury under the laws ofthe State ofCalifornia this day ofMarch, 2022, at Sacramento, California.

Signed:

Printed Name: Thomas W. Hiltachk, Proponent

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Packet Pg. 173
Attachment: Initiative No. 21-0042A1 Circulation Update dated March 16, 2022 (2885 : Legislative Update for the 2022 Legislative Session) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: A Resolution to Support Temporary Gas Tax Suspension with No Loss of Revenue to Local Municipalities
RECOMMENDATION: That the City Council adopt a Resolution entitled: “A Resolution of the City Council of the City of Laguna Hills, California, Requesting a Temporary, SixMonth Suspension of the State Gas Tax." SUMMARY:

In the last several months, the average cost of gas has skyrocketed, with each state breaking its highest recorded average price on a daily basis. As of June 8, 2022, the average price of a gallon of regular unleaded gas was $6.38 in Orange County and $6.39 in California.

As a direct consequence of these rising fuel costs, individuals and families in our communities are facing severe financial stress. The proposed temporary gas tax suspension would help ensure that our communities have the financial ability to pay for daily necessities and are able to eat, work, travel, and sustain themselves throughout this period of economic uncertainty.

ATTACHMENTS:
• Proposed Resolution - Temporary Gas Tax Suspension

4.12 Packet Pg. 174
RESOLUTION NO. 2022-06-14-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, REQUESTING A

TEMPORARY, SIX-MONTH SUSPENSION OF THE STATE

GAS TAX
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, AAA calculates that the current average cost of regular gasoline in Orange County is $6.38 per gallon with .51 cents of this being contributed to the State gas tax; and
WHEREAS, the highest ever recorded average cost of regular unleaded gasoline price was reached on June 8th, 2022, at $6.38 a gallon; and WHEREAS, the AAA national average gasoline cost is currently $4.95.

Orange County residents are paying approximately $1.43 over the national average gas price which is directly impacting families in the City of Laguna Hills; and WHEREAS, the County of Orange Board of Supervisors unanimously voted on March 22, 2022, to write a letter to the Governor, and copy other appropriate local elected officials, asking for a six-month suspension of the gas tax and for the State to back fill that with the State’s budget surplus; and
WHEREAS, the Governor of California is well positioned to provide for temporary relief at the gas pump without burdening local municipalities like the City of Laguna Hills who rely on their proportional allocation of annual gas tax to fund capital improvement projects by using the estimated $45.5 billion State budget surplus to ensure the critical revenues cities and counties throughout the State depend on to maintain important infrastructure like roads are not reduced or suspended due to any fuel related rebates or gas tax suspension; and
WHEREAS, the City of Laguna Hills residents and employees who commute into Laguna Hills are expressing their struggles with finding ways to cover these rising fuel costs; and
WHEREAS, rising costs from inflation are impacting the people in our community and in a region with a census average commute time of 32 minutes, gas tax relief would help ensure money goes back in families’ wallets to cover basic necessities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

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

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.

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Packet Pg. 175 Attachment: Proposed Resolution - Temporary Gas Tax Suspension (2888 : Gas Tax Suspension) Resolution No. 2022-06-14-X

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SECTION 2. The City of Laguna Hills is requesting a temporary, six-month, suspension of the State gas tax, and that a signed copy of this resolution be sent to the Governor and other local elected officials.

PASSED, APPROVED AND ADOPTED this 14th day of June 2022. ____________________________________

DAVE WHEELER, MAYOR
ATTEST:
______________________________________

MELISSA AU-YEUNG, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2022-06-14-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 14th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

MELISSA AU-YEUNG, CITY CLERK

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Packet Pg. 176 Attachment: Proposed Resolution - Temporary Gas Tax Suspension (2888 : Gas Tax Suspension) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Proposed Business Attraction and Retention Contractual Services Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022/2023 and a Related Budget Amendment
RECOMMENDATION: That the City Council: 1) Approve the proposed “Business Attraction and Retention Contractual Services Agreement" between the City of Laguna Hills and the Laguna Hills Chamber of Commerce; 2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021/2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services"; and 3) Authorize the Mayor or the Mayor Pro Tempore to execute the Agreement.

SUMMARY:

At the City Council’s February 8, 2022 meeting, Councilmember Pezold presented her report regarding City support for the Laguna Hills Chamber of Commerce, with the Council voting to direct Staff to work with the Chamber of Commerce to prepare deal points for City Council consideration. On March 24, 2022, City staff met with representatives of the Laguna Hills Chamber of Commerce and discussed potential deal points for a Business Attraction and Retention Contractual Services Agreement (Agreement) to support the City’s economic development efforts for Fiscal Year 2022/2023. The City Council considered the Chamber’s proposed deal points in support of the Agreement at its April 12, 2022 meeting and directed Staff to prepare an Agreement with the Chamber of Commerce with compensation to include: $10,000 for payment of services; use of specified Community Center meeting and event facilities;

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Proposed Business Attraction and Retention Services Agreement, Chamber of Commerce
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and certain kiosk space located within the City Hall reception area. In addition, Mayor Wheeler received City Council consensus directing Staff to notify the Council when Suite 310, or a suite of similar size, becomes available by placing the item on a future regular meeting Agenda.

The City Attorney prepared a proposed Business Attraction and Retention Contractual Services Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022/2023, provided as Attachment 1 to this report, which is based on the terms and conditions that were negotiated between City staff and designated Chamber officers.

The Scope of Services is provided as Exhibit A to the proposed Agreement, and compensation to be paid by City for services to be rendered is detailed in Section 2 of the proposed Agreement.

The proposed Agreement stipulates the payment of $10,000 be provided in lump sum to the Chamber within 30 days of the effective date of the Agreement, but an appropriation of $10,000 for business attraction and retention services is not included in the current adopted Fiscal Year 2021/2022 Operating Budget. It is therefore Staff’s recommendation that the City Council concurrently adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021/2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services". The proposed Resolution is provided as Attachment 3 to this report.

The proposed Agreement memorializes the deal points agreed upon by the City Council and the Chamber of Commerce, for business attraction and retention services to be provided during Fiscal Year 2022/2023, with the proposed Agreement including standard contract terms regarding insurance, and that the Chamber maintain good standing with their 501(C)(6) tax exempt status. In addition, the proposed Agreement provides that City funds shall not be used by the Chamber for political activities or purposes.

BACKGROUND:

At the City Council’s February 8, 2022 meeting, Councilmember Pezold presented her report regarding City support for the Laguna Hills Chamber of Commerce. The City Council discussed various options for supporting the Chamber of Commerce, including funding and/or equivalent services, in return for business attraction and retention services. The City Council voted to direct Staff to work with the Chamber of Commerce

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Proposed Business Attraction and Retention Services Agreement, Chamber of Commerce
June 14, 2022

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to prepare a deal points outline for City Council consideration, consistent with the parameters set forth in the February 8 PowerPoint presented by Councilmember Pezold.

On March 24, 2022, City staff met with representatives of the Laguna Hills Chamber of Commerce and discussed conceptual deal points for a potential business attraction and retention services agreement to support the City’s economic development efforts for Fiscal Year 2022/2023. Subsequent to the March 24, 2022 meeting, the Chamber of Commerce submitted to the City a proposed deal points outline, with a Scope of Services to be performed by the Chamber of Commerce and City compensation to the Chamber including: monetary support; use of the Laguna Hills Community Center meeting and event facilities; office space within the Laguna Hills Civic Center; and kiosk space within the City Hall reception area.

The City Council considered the Chamber’s proposed deal points at its April 12, 2022 meeting and directed Staff to prepare an agreement with the Chamber of Commerce, including the proposed Scope of Services and compensation to include $10,000 in monetary funds, use of the Community Center meeting and event facilities, and kiosk space located within the City Hall reception area. With regard to providing Civic Center office space for the Chamber of Commerce's use, this issue was deferred by the Council, as Mayor Wheeler received City Council consensus to direct Staff to notify the City Council when Suite 310, or a suite of similar size, becomes available by placing the item on a future regular meeting Agenda. The April 12, 2022 staff report and attachments are included as Attachment 2 to this report.

The proposed Agreement with the Chamber of Commerce was initially placed on the City Council’s April 26, 2022 meeting agenda and the Council removed the item to allow both parties additional time to further negotiate and to revise the proposed contract terms and conditions. No changes have been made to either the scope of services or compensation.

DISCUSSION:

Based on City Council direction at its April 12, 2022 meeting, the City Attorney prepared a proposed Business Attraction and Retention Contractual Services Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022/2023, provided as Attachment 1 to this report and including minor technical contract revisions made subsequent to the City Council’s April 26, 2022 meeting. The proposed Chamber of Commerce Scope of Services, as discussed at the April 12, 2022 meeting, is provided as Exhibit A to the

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Proposed Business Attraction and Retention Services Agreement, Chamber of Commerce
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proposed Agreement. The Scope of Services includes outreach to prospective and new businesses to Laguna Hills and marketing the City to attract desired businesses so as to enhance the welfare and wellbeing of the City’s residents and existing businesses.

Marketing services include use of the City's official seal in all advertising for City/Chamber events. Chamber of Commerce services include maintenance of a business retention relationship with the Laguna Hills business community, with business outreach to assess and address business needs, concerns, and questions, to improve business conditions and relations within the community, and to communicate these issues to the City as warranted and, at a minimum, in a quarterly report.

The Scope of Services would be provided at events conducted during Fiscal Year 2022/2023, as listed in Exhibit A of the proposed Agreement, including: National Night Out; State of the City; 4th of July; and Heritage Day (if established) or other City events at which Chamber assistance is requested/provided throughout the year.

Compensation
The proposed Agreement includes three categories of compensation to be provided by the City, summarized below, in return for the Services performed by the Chamber:
1) Funding. A total of $10,000 paid in a lump-sum amount within 30 days of Agreement approval.
2) Meeting and Event Space. Meeting and event facilities at the Laguna Hills Community Center made available to the Chamber of Commerce, free of charge, including twice a month in the Tower Room for regular Chamber Board meetings and up to six special events held in the Heritage Room. 3) Kiosk Space. A kiosk space will be made available at the City Hall reception desk area for the Chamber to provide business attraction and general Chamber of Commerce information.

Proposed Business Attraction and Retention Contractual Services Agreement The proposed Business Attraction and Retention Contractual Services Agreement (Attachment 1) memorializes the deal points agreed upon by the City Council and the Chamber of Commerce, to support the City’s economic development efforts for Fiscal Year 2022/2023. The proposed Agreement states that the City has determined there is a need to retain business attraction and retention services; that the Chamber of

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Proposed Business Attraction and Retention Services Agreement, Chamber of Commerce
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Commerce has special business attraction and retention knowledge, skills, experience, and resources available to promote, support and develop Laguna Hills businesses; that the Chamber has expressed interest in providing business attraction and retention services to the City; and that the City desires to retain the Chamber of Commerce to provide said services for the benefit of the Laguna Hills business community.

The proposed Agreement includes but is not limited to the following standard terms:
1) Term. Services to be provided by Chamber of Commerce commencing on June 14, 2022 and ending on June 30, 2023; Fiscal Year 2022/2023. 2) Insurance Requirements. Chamber of Commerce to provide and comply with City-standard insurance requirements for retaining consultant services, including commercial liability, automobile liability, and workers’ compensation insurance. 3) Indemnification. Chamber of Commerce to comply with City-standard Indemnification requirements for retaining consultant services. The Agreement as proposed includes mutual indemnification for both parties, as requested by the Chamber.
4) IRS 501(C)(6) Tax Exempt Status. The Laguna Hills Chamber of Commerce shall at all times during the Term of the proposed Agreement maintain and be in good standing with their 501(C)(6) tax exempt status; City funds and/or City facilities provided by the City to the Chamber, as set forth in the proposed Agreement, shall not be used to benefit one shareholder or for purposes of lobbying that violates their 501(C)(6) tax exempt status.

In addition, Section 10.8 of the proposed Agreement states that City funds and/or City facilities provided by the City to the Chamber, as set forth in the Agreement, shall not be used for any political activities or for any political purposes, and that the Chamber shall not use any portion of the City funds and/or City facilities to advocate for or to oppose any local municipal election issue, ballot measure, campaign, or candidate.

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FISCAL IMPACT:

The proposed lump-sum payment of $10,000 for the procurement of business attraction and retention services from the Chamber of Commerce is due within 30 days of the effective date of the Agreement and would be funded by the City’s General Fund. Given an appropriation of $10,000 for business attraction and retention services is not included in the current adopted Fiscal Year 2021/2022 Operating Budget, it is Staff’s recommendation that the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021/2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services". The proposed Resolution is provided as Attachment 3 to this report.

Use of the Community Center meeting facilities would have a cost equivalent to the lost revenue for any events that would otherwise be scheduled for the dates and times used by the Chamber of Commerce.

ATTACHMENTS:
• Attachment 1 - Proposed Business Attraction and Retention Services Agreement • Attachment 2 - April 12, 2022 Staff Report and Attachments • Attachment 3 - Proposed Resolution - Budget Amendment

4.13 Packet Pg. 182
1679018.4
1 BUSINESS ATTRACTION AND RETENTION

CONTRACTUAL SERVICES AGREEMENT
Laguna Hills Chamber of Commerce
Fiscal Year 2022/2023
THIS CONTRACTUAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 14th day of June 2022, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and the LAGUNA HILLS CHAMBER OF COMMERCE, a California nonprofit corporation, with its principal place of business located at 23016 Lake Forest Drive, Suite D219, Laguna Hills, California (hereinafter referred to as “Chamber”). City and Chamber are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. The Chamber is a 501(C)(6) nonprofit corporation that is organized, among other things, for the following purposes: to provide opportunities and benefits for the local Laguna Hills business community to help strengthen such businesses; to promote and assist local businesses in Laguna Hills by creating a local business climate where such commerce can operate in a productive and profitable manner; to cooperate with and support the local business community of Laguna Hills both locally and within the region; to educate, inform, and encourage Laguna Hills residents to shop and dine in Laguna Hills and to patronize such local businesses; and to increase the economic base of Laguna Hills while preserving local historic resources, quality of life, ambiance, and the interests of Laguna Hills businesses.

B. City has determined that there is a need to retain certain business attraction and retention services in order to further promote, support, and develop the Laguna Hills businesses community; toward this end, City desires to retain Chamber to promote the Laguna Hills business community by disseminating business attraction and retention information that the City would otherwise need to produce and provide in order to support and promote the local Laguna Hills business community and to promote economic development opportunities within the City.

C. Chamber has special knowledge, skills, experience, and resources available to provide such services to assist the City in disseminating information that will promote, support, and develop Laguna Hills businesses in furtherance of the City Council's economic development goals and objectives.

D. Chamber has expressed interest in providing such business attraction and retention services to City, pursuant to the terms of this Agreement. Chamber represents and maintains that it is uniquely qualified by virtue of its experience, knowledge, education, reputation, and expertise to provide these services to City and has agreed to provide such services as provided herein. City does not have the personnel, technical expertise, or experience able to perform the work and services contracted for herein.

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Packet Pg. 183 Attachment: Attachment 1 - Proposed Business Attraction and Retention Services Agreement (2880 : Proposed Business Attraction and 1679018.4
2 E. City desires to retain Chamber to provide business attraction and retention services for the benefit of the Laguna Hills business community. The City Council hereby finds and determines that the expenditure of community assistance funding in the Fiscal Year 2022/2023 operating budget to the Laguna Hills Chamber of Commerce for the procurement of certain business attraction and retention services, as authorized herein, fulfills a public purpose and provides a direct public benefit to the City of Laguna Hills.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in view of the economic development goals and objectives of the City, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CHAMBER

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Chamber agrees to provide and perform business attraction and retention services as described and as set forth in the Scope of Services, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Chamber acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, knowledge, experience, and resources and that, consistent with this understanding, Chamber’s Services and Work shall be performed in a skillful and competent manner.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Scope of Services, which shall be referred to collectively hereinafter as the “Contract Documents.” The Scope of Services, attached hereto as Exhibit “A,” is hereby incorporated by reference and is made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.

1.3 Compliance with Law. Chamber shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Chamber 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 Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Chamber shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Chamber performs any Work or Services in violation of such laws, rules, and regulations, Chamber shall be solely responsible for all penalties and costs arising therefrom. Chamber shall defend, indemnify, and hold 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 such laws, rules, or regulations.

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3 1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Chamber shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Work and Services required by this Agreement. Chamber represents and warrants to City that Chamber shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Chamber to perform the Work and Services under this Agreement. Chamber shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Chamber's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

1.5 Familiarity with Work. By executing this Agreement, Chamber represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

1.6 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.7 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Chamber, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Chamber.

1.8 Intentionally omitted.

2. COMPENSATION

2.1 Maximum Contract Amount.

A. Compensation. For the Services and Work rendered pursuant to this Agreement, Chamber shall be compensated by City for the services to be performed in the total not to exceed amount of Ten Thousand Dollars ($10,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section, unless amended by mutual written agreement of the Parties.

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4 B. Payment by City. The Parties understand and agree that the Maximum Contract Amount shall be paid by City to Chamber in a lump sum amount within thirty (30) days of the effective date of this Agreement. Payment shall be made conditioned upon the following:
(1) the Chamber is not in default of any material terms of this Agreement; and (2) the Chamber maintains its 501(C)(6) status throughout the term of this Agreement. Should the City find and determine that the Chamber is in default of any terms or conditions of this Agreement, City shall notify the Chamber in writing of such default within five business days of discovering such default. Chamber shall have ten business days to cure such default in accordance with the terms and conditions of this Agreement to the reasonable satisfaction of City.

C. Community Center Meeting Room Space. Meeting room space at the Laguna Hills Community Center will be provided to the Chamber, free of charge, for regular board meetings held twice a month, on the 1st and 3rd Thursdays, between 8:30am and 10:00am in the Tower Room, and for up to six special events held in the Heritage Room, dates and times not to conflict with the City’s regular recreation/facility reservation schedule or special events.

Chamber to submit Heritage Room reservation requests to City a minimum four weeks prior to any event.

D. Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide business attraction information.

2.2 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for Services.

2.3 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

The time for completion of the services to be performed by Chamber is an essential condition of this Agreement. Chamber shall prosecute regularly and diligently the Work of this Agreement.

3.2 Schedule of Performance. Chamber shall commence the Services pursuant to this Agreement upon its effective date and shall perform all Services in a timely manner.

3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of thirteen (13) months, commencing on June 14, 2022, and ending on June 30, 2023, unless extended by mutual written agreement of the Parties.

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5 4. COORDINATION OF WORK

4.1 Representative of Chamber. The following principal of Chamber is hereby designated as being the principal and representative of Chamber authorized to act on its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Jacob W. Anderson, CEO/President. Such designation is subject to change at the sole discretion of the Chamber upon written notice to the City.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Chamber's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Chamber shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Intentionally omitted.

4.4 Independent Contractor.

A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Chamber a City employee. During the performance of this Agreement, Chamber and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Chamber will determine the means, methods, and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Chamber shall at all times be under Chamber’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Chamber or any of its officers, employees, or agents, except as set forth in this Agreement. City shall have no voice in the selection, discharge, supervision, or control of Chamber’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Chamber shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Chamber in its business or otherwise a joint venturer or a member of any joint enterprise with Chamber.

B. Chamber shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Chamber, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.

Except for fees paid to Chamber as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Chamber for the performance of any Work or Services under

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6 this Agreement. City shall not be liable for compensation or indemnification to Chamber, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.7 herein, of any nature relating to salary, taxes, or benefits of Chamber’s officers, employees, representatives, agents, or subconsultants or subcontractors, Chamber shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

A. In the event that Chamber or any employee, agent, or subcontractor of Chamber providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Chamber shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Chamber or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Chamber and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Chamber shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Chamber shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Chamber’s existing insurance policies do not meet the insurance requirements set forth herein, Chamber agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Chamber shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. Chamber shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million

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7 dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.

B. Automobile Liability Insurance. Chamber shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage.

C. Workers’ Compensation Insurance. Chamber shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Chamber agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Chamber agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Chamber shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

6. INDEMNIFICATION
To the fullest extent permitted by law, Chamber shall defend (at Chamber’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Chamber’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Chamber’s negligent performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Chamber’s indemnification obligation or other liability hereunder.

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8 To the fullest extent permitted by law, City shall defend (at City's sole cost and expense with legal counsel reasonably acceptable to Chamber), indemnify, protect, and hold harmless Chamber, its officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (City’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to City's negligence under this Agreement.

7. REPORTS AND RECORDS

7.1 Accounting Records. Chamber shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Chamber shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. Chamber shall provide a quarterly report to the City that includes an accounting for how all City funds authorized by this Agreement were spent.

7.2 Intentionally omitted.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Chamber covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting Party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City and Chamber shall each have the right to terminate this Agreement, without cause, by giving thirty days advance written notice of termination to the other Party. If the Agreement is terminated by either Party prior to completion of the full term thereof, compensation paid to Chamber by City shall be prorated based on a thirteen-month term

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9 and thirty-day month periods.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.5 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Chamber, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Chamber or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Chamber represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

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10 To City: City of Laguna Hills
Attention: Jarad L. Hildenbrand, City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Chamber: Laguna Hills Chamber of Commerce
Attention: Jacob W. Anderson, CEO/President
23016 Lake Forest Drive, Suite D219
Laguna Hills, California 92653
Telephone: (949) 542-6016

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.

No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.4 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.5 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.6 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

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11 10.7 IRS 501(C)(6) Tax Exempt Status. The Laguna Hills Chamber of Commerce shall at all times during the term of this Agreement maintain and be in good standing with its 501(C)(6) tax exempt status. City funds and/or City facilities provided by the City to the Chamber, as set forth in this Agreement, shall not be used to benefit one shareholder or for purposes of lobbying that violates its 501(C)(6) tax exempt status; and a quarterly report shall be provided to the City that includes an accounting for how all City funds authorized by this Agreement were spent.

10.8 No Political Activities. City funds and/or City facilities provided by the City to the Chamber, as set forth in this Agreement, shall not be used for political activities or for political purposes. Chamber shall not use any portion of the City funds and/or City facilities provided herein to advocate for or to oppose any local municipal election issue, ballot measure, campaign, or candidate.
[SIGNATURES ON NEXT PAGE]

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EXHIBIT “A”

SCOPE OF SERVICES
_____________________________________________________________________________

LAGUNA HILLS CHAMBER OF COMMERCE PROPOSAL

FOR PROVIDING BUSINESS ATTRACTION AND RETENTION SERVICES

TO THE CITY OF LAGUNA HILLS
FISCAL YEAR 2022-2023

1. Services to be Provided. The Laguna Hills Chamber of Commerce will provide the following Scope of Services for Fiscal Year 2022-2023 to City as part of a Business Attraction and Retention Services Agreement supporting the City Council's economic development goals and objectives:

A. Conduct business attraction efforts with prospective and potential new and relocating businesses to the City of Laguna Hills.

B. Welcome new businesses to the City, including outreach to new businesses. City to promptly provide Chamber with information on all new issuances of certificates of use and occupancy.

C. Diligently advertise and market the City of Laguna Hills in such a manner as to attract worthwhile business enterprises to the City, which will enhance the general welfare and well-being of the City’s residents and businesses.

D. Maintain a professional business attraction and retention relationship with the local Laguna Hills business community.

E. Contact businesses located within the City to assess and address their needs, concerns, and questions to improve business conditions and relations within the community. These assessments will be communicated to the City as warranted and at minimum as part of a quarterly report to the City, as detailed herein below.

F. Transmit a written quarterly report to the City which identifies City-related and/or Business Attraction/Retention issues that arise during business contacts.

G. Provide access to the Chamber of Commerce website with community news, events, business directory and links to various Chamber partners.

H. Include the official City seal in all advertising for joint City/Chamber community events, as identified herein.

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I. Provide a non-voting, board liaison position for City Staff whereby they can observe and participate in addressing the needs and concerns of Laguna Hills businesses and residents.

2. Events At Which Chamber Services Described Herein Are To Be Performed, But Not Limited To:

A. National Night Out;
B. State of the City;
C. 4th of July; and
D. Heritage Day and/ or any other mutually agreed upon community event at which City requests business attraction and retention service assistance.

3. Compensation. The Chamber of Commerce will receive annual compensation from the City of Laguna Hills for the performance of the business attraction and retention services described herein, subject to an annual Budget Allocation, as follows:

A. Compensation. A total of $10,000.00 for Chamber Services described in Section 1 and 2 to be paid by City in a lump sum amount within 30-days of Agreement approval.

B. Community Center Meeting Room Space. Meeting room space at the Laguna Hills Community Center will be provided to the Chamber, free of charge, for regular board meetings held twice a month, on the 1st and 3rd Thursdays, between 8:30am and 10:00am in the Tower Room, and for up to six special events held in the Heritage Room, dates and times not to conflict with the City’s regular recreation/facility reservation schedule or special events. Chamber to submit Heritage Room reservation requests to City a minimum four weeks prior to any event.

C. Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide business attraction information.

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City Council/Planning Agency
Staff Report
DATE: April 12, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Proposal for City to Retain Specified Local Business Attraction and Retention Services from the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023
RECOMMENDATION: That the City Council review and approve proposed "deal points" that will then be used to prepare a proposed "Business Attraction and Retention Services Agreement" between the City of Laguna Hills and the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023.

SUMMARY:

At its February 8, 2022, meeting, the City Council discussed options for supporting the Laguna Hills Chamber of Commerce, including monetary support and/or equivalent services. At that meeting, the City Council voted to table the item until the anticipated July 2022 Budget amendment discussion, and directed Staff to work with the Chamber of Commerce to prepare deal points for City Council consideration, consistent with parameters set forth in the PowerPoint presented at that meeting by Councilmember Pezold. At the following February 22, 2022, City Council meeting, Mayor Pro Tempore Heft requested an agenda item be scheduled at the next meeting in order to offer a motion for reconsideration of the timing of the City’s support of the Laguna Hills Chamber of Commerce. At its March 8, 2022, City Council meeting, the Council approved a motion for reconsideration and also passed a motion directing Staff to work with the Chamber of Commerce to develop funding agreement deal points for City Council consideration at its April 12, 2022, meeting.

After a cooperative meeting between Chamber of Commerce representatives and City

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Staff, on March 24, 2022, the Chamber of Commerce submitted to the City a proposed deal points outline, provided as Attachment 1. The proposed deal points include a scope of services to be performed by the Chamber of Commerce in return for the compensation to be provided by City. Compensation, as proposed by the Chamber of Commerce, includes a payment of $10,000 in direct compensation, meeting and event space at the City’s Community Center, and potential office space at the City’s Civic Center. The use of City space at the Community Center and at the Civic Center are proposed to be provided for no fee. The City Council is requested to provide final direction on these deal points to allow for the preparation of a Business Attraction and Retention Services Agreement between the Chamber of Commerce and the City for Fiscal Year 2022-2023.

BACKGROUND:

At its February 8, 2022, City Council meeting, Councilmember Pezold presented her report regarding City support for the Laguna Hills Chamber of Commerce. City Council discussed various options for supporting the Laguna Hills Chamber of Commerce, including monetary support and/or equivalent services. The City Council voted to table the item until the anticipated July 2022 Budget amendment discussion, and directed Staff, in the meantime, to work cooperatively with the Chamber of Commerce to prepare a deal points outline for City Council consideration in July 2022, consistent with the parameters set forth in the February 8 PowerPoint presented by Councilmember Pezold.

At the following City Council meeting, on February 22, 2022, during the City Council Comments portion of the meeting, Mayor Pro Tempore Heft indicated a desire to discuss a motion to reconsider the timing of the City’s consideration of support of the Laguna Hills Chamber of Commerce, with a second by Councilmember Pezold, to place the item on the March 8, 2022, City Council meeting agenda. At the March 8 meeting, the City Council approved a motion for reconsideration and also passed a motion directing Staff to work with the Chamber of Commerce to develop funding agreement deal points and return this matter to the City Council at its April 12, 2022, meeting. The March 8, 2022, Staff report and attachments are included as Attachment 2 to this report.

DISCUSSION:

On March 24, 2022, City Staff met with two representatives of the Laguna Hills Chamber

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of Commerce, Board of Director members Sheri Feinberg and Jeffrey Halloran, to cooperatively discuss deal points for a potential funding agreement for Fiscal Year 2022- 2023, including a scope of services to be performed by the Chamber of Commerce, and specific events during which these services would be provided. Also discussed at the meeting was potential compensation the City may provide to the Chamber of Commerce for the various services provided. Subsequent to the March 24, 2022, meeting, the Chamber of Commerce submitted to the City a proposed deal points outline, provided as Attachment 1.

Scope of Services
The services to be provided to the City of Laguna Hills by the Laguna Hills Chamber of Commerce are proposed as part of a business attraction and retention program to support the City’s economic development efforts. Specific work items, as identified, include outreach to prospective and new businesses to Laguna Hills and marketing the City to attract desired businesses so as to enhance the welfare and wellbeing of the City’s residents and existing businesses. Marketing services include use of the City logo in all advertising for City/Chamber events. Chamber of Commerce services would also include maintenance of a business retention relationship with the Laguna Hills business community, with business outreach to assess and address business needs, concerns, and questions, to improve business conditions and relations within the community and to communicate these issues to the City.

The scope of services in the proposed deal points outline (Attachment 1) would be provided at events conducted during Fiscal Year 2022-2023, including but not limited to:

National Night Out; State of the City; 4th of July; Heritage Day (if created) or other City events at which Chamber assistance is requested throughout the year.

Compensation
The Chamber of Commerce deal points outline proposes four categories of compensation to be provided by the City, summarized below, in return for the services performed by the Chamber:
1) Funding. A total one-time payment of $10,000 is proposed for Chamber of Commerce Business Attraction and Retention Services provided at events, all as detailed in the deal points outline.

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2) Meeting Space. Meeting room facilities at the Laguna Hills Community Center would be made available to the Chamber of Commerce during Fiscal Year 2022- 2023, free of charge, including twice a month in the Tower Room for regular Chamber Board meetings and up to six special events held in the Heritage Room. 3) Office Space. Vacant office space, as it may become available, at the Laguna Hills Civic Center would be provided to the Chamber of Commerce during Fiscal Year 2022-2023, free of charge, for distribution of materials for general Business Attraction and Retention efforts, for the education of the business community and for the improvement of business conditions and relations. The Chamber of Commerce proposal does not currently include parameters for the size of an office to be provided. However, as a comparison, the City Council office is approximately 670 square feet. It is reasonable to establish that a similarly sized space be considered for Chamber of Commerce use. Please see Fiscal Impact for further discussion of available, and potentially available, office spaces in the Civic Center and their financial impact to the City.
4) Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide Business Attraction and general Chamber of Commerce information.

Proposed Business Attraction and Retention Services Agreement As the City will be purchasing business attraction and retention services from the Chamber of Commerce, as outlined in the Scope of Work, the City Attorney will prepare a Business Attraction and Retention Services Agreement once the City Council provides final direction on the attached Chamber of Commerce Proposal. The proposed Agreement will memorialize the deal points as agreed upon by the City Council and the Chamber of Commerce, as well as incorporate the following standard agreement terms:

1. Term. Services to be provided by Chamber of Commerce are for one year; May 2022 through June 30, 2023; Fiscal Year 2022-2023.

2. Insurance Requirements. Chamber of Commerce to provide and comply with City-standard Insurance requirements for retaining consultant services.

3. Indemnification. Chamber of Commerce to comply with City-standard

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Indemnification requirements for retaining consultant services.

4. Miscellaneous. Contract Terms and Provisions. Chamber of Commerce to comply with other applicable City-standard miscellaneous contract terms and provisions for retaining consultant services.

5. IRS 501(C)(6) Tax Exempt Status. The Laguna Hills Chamber of Commerce shall at all times during the Term of this Agreement maintain and be in good standing with their 501(C)(6) tax exempt status; City funds and/or City facilities provided by the City to the Chamber, as set forth in this Agreement, shall not be used to benefit one shareholder or for purposes of lobbying that violates their 501(C)(6) tax exempt status; and a quarterly report shall be provided to the City that includes an accounting for how all City funds authorized by this Agreement were spent.

6. Lease Agreement. To the extent that office space is provided by the City to Chamber of Commerce at the Laguna Hills Civic Center, Chamber of Commerce shall execute a standard Lease Agreement as to terms and conditions of occupancy of the property.

Comparison of Other South Orange County Cities
For the City Council’s information, the following compensation is provided by other cities in South Orange County to their Chambers’ of Commerce:

City Sponsor of Chamber Sponsorship Amount Lease of City Facilities Aliso Viejo Yes $4,800 None
Laguna Beach Yes $35,000 None
Laguna Niguel Yes $44,000 Yes/fee charged
Lake Forest Yes $16,000 None
Mission Viejo*
Rancho Santa Margarita Yes $25,000 None
San Juan Capistrano Yes $25,000 Yes/fee charged
*A response form Mission Viejo had not been received by the time of release of this report.

As shown in the table above, two surrounding cities provide their Chambers of Commerce with City-leased office space in addition to their sponsorship amounts:

Laguna Niguel and San Juan Capistrano. The City of Laguna Niguel leases 906 square feet

4.13.b
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April 12, 2022

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to their Chamber of Commerce at a lease rate of $1,930 per month. The City of San Juan Capistrano provides City facility space at no charge for the lease rate; however, the Chamber of Commerce does reimburse the City of San Juan Capistrano for landscaping and building maintenance and utility costs totaling $1,018 per month.

It is noted that when the South Orange County Chamber of Commerce occupied the Laguna Hills Civic Center from 2010 to 2012 and they did pay market lease rates.

FISCAL IMPACT:

Proposed compensation of $10,000 for the purchase of business attraction and retention services from the Chamber of Commerce would come from the City’s General Fund reserves. Use of the Community Center meeting facilities would have a cost equivalent to the lost revenue for any events that would otherwise be scheduled for the dates and times used.

The City currently leases the second and third floor of the Laguna Hills Civic Center to various private businesses and governmental entities at market rate creating an “enterprise” operation. Leasing operation profits, to the extent they materialize, are regularly transferred to the City’s General Fund. Provision of office space at the Civic Center to the Chamber of Commerce would result in the loss of lease revenue and Common Area Maintenance (CAM) charges that would otherwise be paid by tenants.

The table below lists the currently available, or soon to be available, office suites in the Civic Center.

Available Civic Center Office Suites
Suite
Number Size (sf)
Annual
Lease
Rate
Estimated
Annual
CAM Charges
Availability
Suite 200 1,568 $42,336 $941 Currently under lease but a change in tenancy is in process. Lease terms
with a new tenant have been agreed
to and the Lease Agreement is
currently being drafted. This Lease
Agreement is anticipated to be on
the April 26, 2022, City Council
meeting.

4.13.b
Packet Pg. 202 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services Discussion to Retain Local Business Attraction Services from the LH Chamber of Commerce
April 12, 2022

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Suite 205 2,343 $63,261 $1,406 Currently vacant as unimproved space. Shell space will require a
minimum of $110,000 to an
estimated $150,000 in capital
construction expense for tenant
improvements.

Suite 250 2,471 $66,717 $1,438 Currently vacant.

Suite 310 873 $23,571 $524 Currently occupied by OC Clerk Recorder. This suite is expected to
be vacated once improvements to
Suite 160 are completed and the
County consolidates their spaces.

Neighboring suite has first right of
refusal to lease this space once
vacated. There is a possibility that
the neighboring suite will not take
the space. If this is the case, the
suite would become available in an
estimated three to six months.

ATTACHMENTS:
• Chamber of Commerce Proposed Deal Points Outline
• March 8, 2022 Staff Report and Attachments

4.13.b
Packet Pg. 203 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services

LAGUNA HILLS CHAMBER OF COMMERCE PROPOSAL FOR
FY22-23 FUNDING AGREEMENT BETWEEN

CITY OF LAGUNA HILLS AND CHAMBER OF COMMERCE

1. Services to be Provided. The Laguna Hills Chamber of Commerce will provide the following scope of services for Fiscal Year 2022-2023 as part of a Business Attraction and Retention program supporting the City’s economic development goals:

A. Conduct Business Attraction efforts with prospective and potential new and relocating businesses to the City of Laguna Hills.

B. Welcome new businesses to the City, including outreach to new businesses. City to provide information on all new issuances of certificates of use and occupancy.

D. Maintain a Business Retention relationship with the Laguna Hills Business Community.

E. Contact businesses located within the City to assess and address their needs, concerns, and questions, to improve business conditions and relations within the community. These assessments will be communicated to the City as warranted and at minimum as part of a quarterly report to the City, as detailed herein below.

F. Transmit a written quarterly report to the City which identifies City-related and/or Business Attraction/Retention issues that arise during business contacts.

G. Provide access to the Chamber of Commerce website with community news, events, business directory and links to various Chamber partners.

H. Include the City logo in all advertising for City/Chamber events, as identified herein.

I. Provide a non-voting board position for City Staff whereby they can participate in addressing the needs and concerns of Laguna Hills businesses and residents.

2. Events at which Chamber Services described herein are to be Performed but not limited to:

A. National Night Out
B. State of the City
C. 4th of July

4.13.b
Packet Pg. 204 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services D. Heritage Day and/ or any other mutually agreed upon events at which City requests assistance.

3. Compensation. The Chamber of Commerce will receive annual compensation from the City of Laguna Hills, subject to an annual Budget Allocation, as follows:

A. Funding. A total of $10,000.00 for Chamber services described in Section 1 and 2 to be paid within 30 days of Agreement approval.

B. Civic Center Office Space. Existing built out office space, neither requiring tenant improvements nor displacement of current tenants in the Laguna Hills Civic Center, will be made available to the Chamber to be used for distribution of materials for: 1) General Business Attraction and Retention efforts, and 2) the education of the business community and improvement of business conditions and relations. City to absorb the cost of Lease Rates and Common Area Maintenance Charges for said office space.

C. Community Center Meeting Space. Meeting space at the Laguna Hills Community Center will be provided to the Chamber, free of charge, for regular board meetings held twice a month, on the 1
st and 3rd Thursdays, between 8:30am and 10:00am in
the Tower Room, and for up to six special events held in the Heritage Room, dates and times not to conflict with the City’s regular or special events. Chamber to submit Heritage Room reservation requests to City a minimum four weeks prior to any event.

D. Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide Business Attraction information.

4. No Lobbying or Political Purposes. The use of City funds and/or City facilities by the Chamber, as set forth in this Agreement, shall not be used for any political purposes.

4.13.b
Packet Pg. 205 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: March 8, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager
ISSUE: Discussion of Funding, or Equivalent Services, in Support of the Laguna Hills Chamber of Commerce
RECOMMENDATION: Mayor Pro Tempore Heft recommends that the City Council direct Staff to begin work as expeditiously as possible with the Chamber of Commerce to develop funding agreement deal points in support of the Laguna Hills Chamber of Commerce.

SUMMARY:

At its February 8, 2022, City Council meeting, the City Council discussed various options for supporting the Laguna Hills Chamber of Commerce, including monetary support and/or equivalent services. At that meeting, the City Council ultimately tabled the item until the July 2022 budget amendment agenda item, as well as directed staff to work cooperatively with the Chamber of Commerce to establish deal points that can be presented to the City Council for consideration in July 2022. At the following February 22, 2022, City Council meeting, during the City Council Comments portion of the meeting, Mayor Pro Tempore Heft indicated a desire to discuss a motion to reconsider the timing of the City’s consideration of support of the Laguna Hills Chamber of Commerce, with a second by Council Member Pezold. Consequently, Staff recommends the City Council direct Staff to work cooperatively and as expeditiously as possible with the Laguna Hills Chamber of Commerce to establish deal points that can be presented to the City Council for consideration.

For reference, the February 8, 2022, staff report and attachments are included as an

4.13.b
Packet Pg. 206 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services Discussion of Laguna Hills Chamber of Commerce Funding
March 8, 2022

Page 2 ends

attachment to this report.

FISCAL IMPACT:

The fiscal impact of the deal points will be provided to the City Council upon consideration of the item for approval.

ATTACHMENTS:
• February 8, 2022 Staff Report and Attachments

4.13.b
Packet Pg. 207 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: February 8, 2022
TO: Mayor and Council Members
FROM: Erica Pezold
Council Member
ISSUE: Discussion of Funding, or Equivalent Services, in Support of the Laguna Hills Chamber of Commerce
RECOMMENDATION: Council Member Pezold recommends that the City Council discuss options to support the Laguna Hills Chamber of Commerce.

SUMMARY:

Council Member Pezold is requesting the City Council discuss options to support the Laguna Hills Chamber of Commerce. Options may include: sponsorship opportunities, provide space in the Civic Center for the Chamber, etc.

BACKGROUND:

Staff is providing the following background information: The Laguna Hills Chamber of Commerce (Chamber) provides a menu of membership opportunities (Attachment A):

Membership Levels
Business Membership $225
Non-Profit Membership $165
Community – Non Business $125
President’s Circle – Bronze $1,295

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February 8, 2022

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President’s Circle – Silver $2,495
President’s Circle – Gold $3,995
President’s Circle – Platinum $5,000
President’s Circle – Diamond $10,000
Should the City Council decide to join the Chamber, Staff recommends the City join at the Non-Profit Membership level. The current budget does not include membership funding above this level and, as such, a budget amendment would be required for any further economic support of the Chamber.

As an alternate to joining the Chamber as a member and, should the City Council wish to provide financial assistance, it may be more appropriate for the City to provide community assistance funding. At its discretion, the City Council may provide community assistance funding to certain community groups and nonprofit organizations that provide community service, support, and/or programming efforts intended to enhance the quality of life of the City's residents, provided the City Council finds and determines that the expenditure of such community assistance funding fulfills a public purpose and provides a direct public benefit within the City of Laguna Hills. In this instance, the City Council may make the requisite “public purpose findings” for community assistance funding, in a specified amount and for a specific period of time, and approve a formal Resolution of the City Council as a means of providing municipal funding to support the Chamber. Most recently, in FY 2019-2020, the City Council authorized $7,500 of community assistance funding to the Chamber via a Community Assistance Funding Resolution. Community assistance funding has not been included in the current budget and, as such, would also require the approval of a budget amendment if it is further considered.

It should be noted that, irrespective of the funding support mechanism, Staff does not recommend City officials and/or Staff serve on the Laguna Hills Chamber of Commerce Board of Directors, should the opportunity be provided to the City. In its primary function, the City serves in a regulatory capacity, which includes some forms of regulation of businesses. While the City and the Chamber will most often have compatible views on local and State issues affecting businesses, there will be instances where the City, in its regulatory function, is not able to take a position or might even be required to take an opposing position as expressed by the Chamber of Commerce. This

4.13.b
Packet Pg. 209 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services Discussion of Laguna Hills Chamber of Commerce Funding
February 8, 2022

Page 3 ends

could very well create a conflict of interest and, as such, should be avoided.

FISCAL IMPACT:

Staff is providing the following information: While not currently budgeted, membership in the Laguna Hills Chamber of Commerce at the Non-Profit Level could be accommodated within the 2021-2023 Biennial Budget. Should the City Council decide to join at a higher membership level or provide financial support by way of community assistance funding, a Budget Amendment would be required. Alternatively, providing valuable services to the Laguna Hills Chamber of Commerce could and should be recognized as equivalent to a financial contribution. These services have and can include providing low-cost or free access to City facilities for meetings and events, advertising Laguna Hills Chamber of Commerce events and/or co-sponsoring an annual State of the City event.

ATTACHMENTS:
• Laguna Hills Chamber of Commerce Membership Levels

4.13.b
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4.13.b
Packet Pg. 214 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2880 : Proposed Business Attraction and Retention Services RESOLUTION NO. 2022-06-14-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, AMENDING THE FISCAL
YEAR 2021/2022 BUDGET BY INCREASING THE

GENERAL GOVERNMENT DEPARTMENT OPERATING

BUDGET FOR BUSINESS ATTRACTION AND RETENTION

SERVICES
WHEREAS, the City Council of the City of Laguna Hills approved Resolution No. 2021-06-22-5 on June 22, 2021, adopting the Operating Budget, Capital Improvement Program, and Other Appropriations for the City of Laguna for the Fiscal Years 2021/2022 and 2022/2023 Biennial Budget; and WHEREAS, the Laguna Hills Chamber of Commerce (hereinafter referred to as “Chamber”) is a 501 (C)(6) nonprofit corporation that is organized, among other things, for the following purposes: to provides opportunities and benefits for the local Laguna Hills business community to help strengthen such business to promote and assist local businesses in Laguna Hills by creating a local business climate where such commerce can operate in a productive and profitable manner; to cooperate with and support the local business community of Laguna Hills both locally and within the region; to educate, inform, and encourage Laguna Hills residents to shop and dine in Laguna Hills and to patronize such local businesses; and to increase the economic base of Laguna Hills while preserving local historic resources, quality of life, ambiance, and the interests of Laguna Hills businesses; and
WHEREAS, City Council has determined that there is a need to retain certain business attraction and retention services in order to further promote, support, and develop the Laguna Hills businesses community; toward this end, the City Council desires to retain the Chamber to promote the Laguna Hills business community by disseminating business attraction and retention information that the City would otherwise need to produce and provide in order to support and promote the local Laguna Hills business community and to promote economic development opportunities within the City; and
WHEREAS, the Chamber has special knowledge, skills, experience, and resources available to provide such services to assist the City in disseminating information that will promote, support, and develop Laguna Hills businesses in furtherance of the City Council's economic development goals and objectives; and WHEREAS, the Chamber has expressed interest in providing such business attraction and retention services to the City of Laguna Hills and maintains that it is uniquely qualified by virtue of its experience, knowledge, education, reputation, and expertise to provide these services to the City and has agreed to provide such services; and
1690885.1

4.13.c
Packet Pg. 215 Attachment: Attachment 3 - Proposed Resolution - Budget Amendment (2880 : Proposed Business Attraction and Retention Services 1690885.1
Resolution No. 2022-06-14-X

Page 2 ends

WHEREAS, the City does not have the personnel, technical expertise, or experience able to perform the work and services for business attraction and retention; and
WHEREAS, the City desires to retain Chamber to provide business attraction and retention services for the benefit of the Laguna Hills business community.

The City Council hereby finds and determines that the expenditure of community assistance funding in the Fiscal Year 2021/2022 operating budget to the Laguna Hills Chamber of Commerce for the procurement of certain business attraction and retention services, as authorized herein, fulfills a public purpose and provides a direct public benefit to the City of Laguna Hills.

WHEREAS, the City Council finds and determines that the expenditure of $10,000 for the procurement of certain business attraction and retention services with the Chamber is authorized and the amount is not included in the adopted Fiscal Year 2021/2022 Operating Budget; and
WHEREAS, the adopted Fiscal Year 2021/2022 Operating Budget requires amendment and authorization to adjust appropriations due to the retention of business attraction and retention services with the Chamber.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

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

SECTION 1. Adoption of Recitals. The foregoing recitals set forth above are true and correct and are incorporated by reference herein.

SECTION 2. Approval of Budget Amendments. The City Council hereby approves and adopts the proposed amendment to the Fiscal Year 2021/2022 Operating Budget for Business Attraction and Retention Services, as set forth in Exhibit “A”, attached hereto and incorporated herein.

4.13.c
Packet Pg. 216 Attachment: Attachment 3 - Proposed Resolution - Budget Amendment (2880 : Proposed Business Attraction and Retention Services Resolution No. 2022-06-14-X

Page 3 ends

Laguna Hills City CouncilJune 14, 2022

Laguna Hills City Council
June 14, 2022