to assess housing characteristics, community needs and establishing programs to meet those needs. The core purpose of the Housing Element is to identify and plan for the existing and projected housing needs of all segments of the community including families, seniors, workers, and the disabled. The Housing Element describes housing needs and conditions in Laguna Hills and establishes goals, policies, and programs to improve future housing opportunities. The planning period for this Housing Element is October 15, 2021, to October 15, 2029.
In addition to the update to the Housing Element, State Law requires a coincident update of the City’s Safety Element. The purpose of the Safety Element is to address existing or anticipated safety threats affecting Laguna Hills. The Element covers such matters as seismic hazards, fire hazards, flood hazards and similar natural events. The Safety Element Update is in process and the first draft will be presented to the City Council on January 25, 2022.
California State law requires all municipalities to update Housing Elements every eight years. The City’s current Housing Element was adopted in 2013 by City Council. The City is required to adopt an updated version of the Housing Element for the 2021-2029 State Housing and Community Development planning period, also known as the 6th Cycle Housing Element Update, by October 15, 2021, but not later than the allowed grace period expiring February 11, 2022. This is Council’s second review of the Draft Housing Element, with the first review having occurred on October 26, 2021; the staff report for October 26, 2021, is attached providing general background information and detailed information on the Housing Element process, including the City’s obligations to plan for a total of 1,985 housing units that are to be affordable to households of various annual incomes. The City Council is again requested to review and comment upon the attached Public Review Draft redline of the 2021-2029 Housing Element Update, which has been prepared for the City by PlaceWorks, Inc., the City’s designated planning firm for this work effort.
Below is a recap of the primary edits made to the first draft Housing Element Update based on Council comments and preliminary/informal comments received from HCD staff in a teleconference held on December 13, 2021. A formal review letter from HCD is expected to be received prior to this City Council meeting and will be summarized in the Staff presentation. It is noted the anticipated HCD letter will require further substantial revisions to the document prior to adoption. This will include substantial revisions to the maps of parcels that could be rezoned for residential development (Figures H-11 and H-12) to focus upon only the properties most likely suitable for rezoning based upon
6.1.b
Packet Pg. 691 Attachment: Attachment B - January 11, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Second Public Review of the Draft 2021-2029 Housing Element Update January 11, 2022
State criteria.
Summary of Edits to the First Public Review Draft
The table below provides a summary of significant text edits made to the First Public Review Draft. In large part, these edits were made in response to informal comments from HCD staff that are expected to be formalized via written letter, which is due at about the same time of the printing of this Staff Report. The notable changes to the document are summarized below followed by the page number of the attached Draft 2021-2029 Housing Element Update.
• Additional information relative to Employment Characteristics/Occupation and Labor Participation. Page H-19
• Descriptions of Extremely Low-Income Households as a special needs population, previous City efforts to meeting their needs, and future implementation measures which includes the exploration of developing an Inclusionary Housing Ordinance. Pages H-43 to H-45
• Additional information regarding Housing Age and Housing Stock Conditions.
Page H-49
• Various clarifications and corrections to Housing Affordability by Household Income information. Pages H-54 to H-56
• Information and description of “Qualified Entities” that must be notified of opportunities to purchase housing units that are under affordability contracts.
H-60
• Identification of potential funding sources for the preservation of affordable housing units. Pages H-61 to H-62
• Addition of information regarding housing allowed in land designated for Public/Institutional uses. Page H-67
• Clarification of the City’s Accessory Dwelling Unit policies and commitment to programmatic promotion. Page H-78
• Addition of new information pertaining to Quimby Act fees. Page H-88
6.1.b
Packet Pg. 692 Attachment: Attachment B - January 11, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Second Public Review of the Draft 2021-2029 Housing Element Update January 11, 2022
• Addition of specific, codified findings required for Conditional Use Permit approval and applicability of Site Development Permits to various types of housing development. Pages H-92 to H-93
• Additional information and clarifications on various aspects of the Assessment of Fair Housing Issues. Pages H-111 to H-137
• Addition of information about Accessory Dwelling Unit construction relative to RHNA progress. Page H-144
• Addition of language regarding underutilized sites in the Village Commercial Zoning District. Page H-153
• Correction/clarification that future rezoning efforts will identify approximately 25 acres in order to accommodate 742 lower-income units. Page H-154 • Addition of text pertaining to the City’s commitment to amending the Zoning Ordinance relative to Accessory Dwelling Units. Page A-5 • Commitment to evaluate the Zoning Ordinance and consider adoption of an Inclusionary Housing Ordinance and revision of development standards that impede affordable housing development. Page A-7
• Creation of an Accessory Dwelling Unit Implementation Program and promote it; and commitment to revise codes to be in concert with state law. Pages A-7 to A-8 • Clarification of the City’s commitment to: 1) continue to work with affordable housing developers to meet housing needs of low-, very-low and extremely-low income households; 2) identifying and implementing, as appropriate, creative financial incentives for affordable housing development; and 3) amend the Zoning Ordinance to be in concert with state Density Bonus law. Page A-12 Next Steps in the Process
Moving forward, in order to accommodate additional housing units, the City will be required to identify and analyze numerous properties and rezone them to allow for residential uses. To this end, Staff has further engaged PlaceWorks within their existing Professional Services Agreement to develop a scope of work to complete the remaining work for the 2021-2029 Housing Element, including:
6.1.b
Packet Pg. 693 Attachment: Attachment B - January 11, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Second Public Review of the Draft 2021-2029 Housing Element Update January 11, 2022
• Continued City Council involvement at numerous public meetings/hearings • Continued public engagement, including meetings with property owners and other stakeholders at community open houses
• Use of innovative technology to collaboratively identify specific parcels of land necessary to meet HCD requirements
• Preparation of Economic Analysis of housing and retail balance • Preparation of a sample Visual Simulation of modified properties • Preparation of General Plan and Zoning Map and text Amendments • Preparation of CEQA analysis and documents as a Supplemental Environmental Impact Report
The above summary of the Scope of Work is anticipated to have a schedule for completion of public outreach and identification of the final properties for rezoning by October 2022 and completion of the environmental document by mid-2023.
CEQA:
The Housing Element and Safety Element are expected to be adopted at the same future public hearing. The Housing Element updates policies and programs consistent with state law, and identifies a need to rezone land to meet RHNA. The Safety Element updates information in the General Plan regarding hazards and procedures to be used by the City in evaluating new development.
The Housing Element Update identifies multiple sites that the City will need to consider for rezoning. None of the specific sites have been selected at this point and the City may consider one or more of the sites in the table, and may discover other sites as the rezoning process begins. While the Housing Element Update includes a policy that requires rezoning, it does not identify specifically which sites will be rezoned. As CEQA does not require speculation, and study of sites that would not be rezoned will use the City’s limited resources in an inefficient manner, therefore, no in-depth environmental analysis will be conducted at this time. In addition, the Safety Element adds information to the General Plan, but does not include policies that would change the physical environment.
6.1.b
Packet Pg. 694 Attachment: Attachment B - January 11, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Second Public Review of the Draft 2021-2029 Housing Element Update January 11, 2022
Staff anticipates that environmental benefits may come from the rezoning of properties through a reduction in vehicle miles travelled that will have corresponding benefits with air quality, greenhouse gas emissions, and noise. An addendum that addresses the overall citywide impacts of both the Housing Element Update and the Safety Element is planned to be presented for City Council consideration at a future public hearing.
FISCAL IMPACT:
The work provided by Placeworks is partially offset by a $150,000 funding grant provided by the State of California. Failure to timely adopt a Housing Element Update, as approved by the State Department of Housing and Community Development, can lead to adverse financial impacts on the City.
ATTACHMENTS:
• Laguna Hills Draft 2021-2029 Housing Element Update - Redline • Agenda Item 7.1.1- Tuesday, October 26, 2021
6.1.b
Packet Pg. 695 Attachment: Attachment B - January 11, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 24, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Third Public Review of the Draft 2021-2029 Housing Element Update 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.
SUMMARY:
The state-mandated General Plan Housing Element serves as a policy document to assess The City’s housing characteristics and community needs, and to plan for the existing and projected housing needs of all segments of the community, including new housing units as identified in the state-mandated Regional Housing Needs Assessment (RHNA). The City’s assigned RHNA obligation for the 2021-2029 planning period is 1,985 new housing units. State law requires the Housing Element to include a Housing Plan, with an inventory of housing sites suitable to accommodate the RHNA.
The City Council considered public review drafts of the Housing Element Update on October 26, 2021, and January 11, 2022. At the January 11 meeting, the City Council directed Staff to schedule a public workshop to further discuss the Housing Element Update, including a draft inventory of housing sites. Public workshops were conducted on March 26, 2022, and May 3, 2022, including discussion of different housing site scenarios (See March 26 workshop meeting minutes in Attachment 1). At the May 3 Workshop, a majority of the City Council reached consensus on specific parcels to
6.1.c
Packet Pg. 696 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) Third Public Review of the Draft 2021-2029 Housing Element Update May 24, 2022
include in the City’s housing site inventory (Attachment 2), and directed Staff to prepare the Housing Element Update (Attachment 3) for consideration at the City Council’s regularly scheduled meeting of May 24, 2022.
BACKGROUND:
Housing Element Overview
The City’s General Plan is a comprehensive long-range planning document that directs the physical development of the City. The Housing Element is a state-mandated element of the City’s General Plan, serving as a policy document to assess housing characteristics and community needs, and establishing programs to meet those needs. The core purpose of the Housing Element is to identify and plan for the existing and projected housing needs of all segments of the community including families, seniors, workers, and people with special needs. The Housing Element describes housing needs and conditions in Laguna Hills and establishes goals, policies, and programs to improve future housing opportunities. The Housing Element Update must be reviewed and certified by the State Department of Housing and Community Development.
Regional Housing Needs Assessment (RHNA)
State housing law also requires each jurisdiction to develop programs to accommodate its “fair share” of future housing needs, determined through a state-mandated process called the Reginal Housing Needs Assessment (RHNA), conducted prior to each planning period and assigning each jurisdiction a specific number of dwelling units that must be accommodated during the next planning period. The City’s current Housing Element was adopted by the City Council in 2013 with a RHNA obligation of two dwelling units.
California State law requires all municipalities to update their Housing Elements every eight years, with the new planning period covering October 15, 2021, to October 15, 2029. The state-mandated RHNA obligation for the City of Laguna Hills during the new planning period is 1,985 dwelling units, a thousand-fold increase from the previous planning period.
Public Meetings and Workshops
The City commenced its current Housing Element Update process in August 2020, including procurement of PlaceWorks for consultant services to assist the City with an inclusive public outreach program, analysis of a housing sites inventory, and preparation of a Housing Element Update in compliance with State law.
6.1.c
Packet Pg. 697 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) Third Public Review of the Draft 2021-2029 Housing Element Update May 24, 2022
The City’s outreach efforts to date have included an on-line community survey, stakeholder consultations, and multiple noticed public meetings and public workshops, as follows:
1) November 10, 2020: The Housing Element Update process was introduced at this regularly scheduled City Council meeting.
2) June 30, 2021: An online workshop was held to provide an overview of the Housing Element Update process and to receive public comments.
3) August 5, 2021: A Thursday evening workshop was held in the Community Center Heritage Room, to review specific Housing Element criteria as mandated by state law, and to receive public comments;
4) October 26, 2021: The first public review draft of the Housing Element was considered at this regularly scheduled City Council meeting, and subsequently submitted to HCD for review and comment.
5) January 11, 2022: The second public review draft of the Housing Element was considered at this regularly scheduled City Council meeting, including comments received by HCD. At this meeting the City Council directed Staff to schedule a public workshop to further discuss the Housing Element Update. 6) March 26, 2022: A Saturday afternoon workshop with the City Council was held in the City Hall Council Chamber to review the draft Housing Element Update including primarily the housing sites inventory to accommodate the City’s RHNA obligation. Four members of the City Council attended the public workshop, with Councilmember Pezold absent. At this workshop the Council received public comments and discussed the draft housing site inventory, then directed Staff to schedule another public workshop to continue the housing sites discussion.
Workshop meeting minutes are provided as Attachment 1 to this report. 7) May 3, 2022: A Tuesday evening workshop with the City Council was held in the Community Center Heritage Room to further discuss the housing sites inventory.
Four members of the City Council attended the public workshop, with Councilmember Sedgwick absent. At this workshop the City Council received public comments and considered several housing site scenarios, then a majority of the City Council reached consensus on specific parcels to include in the City’s housing sites inventory (Attachment 2), and directed Staff to move forward with preparation of
6.1.c
Packet Pg. 698 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) Third Public Review of the Draft 2021-2029 Housing Element Update May 24, 2022
the Housing Element Update for consideration at the City Council’s regularly scheduled meeting of May 24, 2022.
Safety Element Overview
In addition to the update to the Housing Element, State Law requires a coincident update of the City’s Safety Element. The purpose of the Safety Element is to address existing or anticipated safety threats affecting Laguna Hills. The Element covers such matters as seismic hazards, fire hazards, flood hazards and similar natural events. The Safety Element Update was considered by the City Council at its January 25, 2022, regularly scheduled meeting, with Council direction to include in the Safety Element a discussion about Homeowners Associations’ (HOAs) involvement with emergency preparedness, including a new policy for the City to explore potential public-private partnerships with local HOAs and businesses in support of local preparedness plans. The Second Public Review Draft Safety Element Update is provided as Attachment 4 to this report, with revisions provided on Pages S-26, S-36, and S-45. As recommended, this version of the Safety Element Update will be provided for adoption consideration at the City Council’s June 28, 2022, regularly scheduled meeting.
DISCUSSION:
Summary of Edits to the Third Public Review Draft Housing Element The list below provides a summary of significant text edits made since release of the Second Public Review Draft. Edits were made in response to comments from HCD staff, as well as public comments and direction received by the City Council. The summary is organized by Housing Element chapters. The Third Public Review of the Draft Housing Element Update is provided as Attachment 3 to this report.
Introduction:
• Added summaries of public outreach activities and input received since the release of the Second Public Review Draft and how it was considered and incorporated in the Third Public Review Draft.
Housing Needs:
• Added the average annual number of building permits for home rehabilitation to substantiate estimated rehabilitation needs.
6.1.c
Packet Pg. 699 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) Third Public Review of the Draft 2021-2029 Housing Element Update May 24, 2022
Constraints:
• Added information about development fees
o Comparison of some fees to surrounding cities.
o Example fee scenarios for a single-family and a multifamily project. • Added information on the Site Development Process: City Council review, including time for typical single family and multifamily developments, number of hearings and approval findings and evaluated impacts on timing, cost, and approval certainty.
Assessment of Fair Housing:
• Added maps of additional fair housing factors at the regional scale with a comparison of factors in Laguna Hills to supplement existing maps and discussion, including Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs), Familial Status and Overcrowding.
• Added an analysis of the sites inventory, as directed by the City Council at its May 3, 2022, public workshop, and fair housing factors, including approximately 12 new maps and a series of charts that display the distribution of anticipated units by income category as compared with the prevalence of various fair housing factors. Examples of fair housing factors that were layered in this analysis with the sites inventory and unit distributions include:
o TCAC/HCD Opportunity Areas
o Racial Demographics
o Diversity Index
o Median Household Income
o Disability Rate
o Percentage of Children Living in Single-Parent Female Headed Households o Jobs Proximity Index
o Overpayment by Renters and Owners
o Percentage of Households Experiencing Overcrowding
6.1.c
Packet Pg. 700 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) Third Public Review of the Draft 2021-2029 Housing Element Update May 24, 2022
• Added evaluation of how the City complies or intends to comply with the following fair housing regulations:
o Density Bonus Law (Government Code Section 65915)
o No-Net-Loss (Gov. Code Section 65863).
o Housing Accountability Act (HAA) (Gov. Code, Section 65589.5) o Senate Bill (SB) 35 (Gov. Code Section 65913.4)
o Senate Bill (SB) 330 (Gov. Code Section 65589.5)
o California Fair Employment and Housing Act (FEHA) and Federal Fair Housing Act
o Review Processes (Government Code Section 65008)
o Assembly Bill (AB) 686 (Government Code Section 8899.50) o Equal Access (Government Code Section 11135 et seq.)
• Added information regarding outreach done for the Orange County regional Analysis of Impediments.
Housing Resources:
• Revised the description of the mall site project to match the Village at Laguna Hills project approved by the City Council in April 2022. • Updated the sites inventory analysis, including a significant reduction in the number of proposed candidate rezone sites to focus on those most likely to redevelop. Added an underutilized analysis for all nonvacant sites, including details on current uses and substantial evidence that existing uses are expected to discontinue during the planning period.
• Added analysis using representative projects, market trends and other factors to substantiate assumptions about realistic capacity, affordability, redevelopment potential and appropriateness of mixed-use development on sites in the inventory.
Housing Plan: Goals and Policies of the 2021-2029 Housing Element:
• Added more specific metrics and timelines throughout.
6.1.c
Packet Pg. 701 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) Third Public Review of the Draft 2021-2029 Housing Element Update May 24, 2022
• Strengthened existing programs, to encourage and facilitate redevelopment of sites in the inventory, to promote the development of accessory dwelling units and to address the housing needs of lower income households.
NEXT STEPS:
Staff recommends that at the May 24, 2022, City Council meeting, the Council directs Staff to forward the revised Housing Element Update to HCD for review, and simultaneously prepare the Housing Element Update for public hearing adoption consideration at the City Council’s regularly scheduled meeting of June 28, 2022. The General Plan Safety Element Update will also be considered for adoption at that time.
FISCAL IMPACT:
The work provided by PlaceWorks is partially offset by a $150,000 funding grant provided by the State of California. Failure to timely adopt a Housing Element Update, as approved by the State Department of Housing and Community Development, can lead to adverse financial impacts on the City.
ATTACHMENTS:
• Attachment 1, City Council Workshop Minutes - March 26, 2022 • Attachment 2, Candidate Rezone Sites
• Attachment 3, Third Public Review Draft Housing Element Update • Attachment 4, Laguna Hills Safety Element Update-Final Draft-Redlined-May 2022
6.1.c
Packet Pg. 702 Attachment: Attachment C - May 24, 2022 Staff Report, No Attachments (2907 : 2021-2029 Housing Element Update and Safety Element Update) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 4, 2022
Ken Rosenfield, Interim City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Dear Ken Rosenfield:
RE: City Laguna Hills’ 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Laguna Hills’ (City) draft housing element received for review on November 5, 2021, along with revisions received on December 21, 2021.
Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on December 13, 2021, with the City’s housing element team. In addition, HCD considered comments from Tapestry, Welcoming Neighbors Home Initiative, Karen Stone, Kennedy Commission, Orange County United Way, People for Housing Orange County, Congregational Church Laguna Beach, League of Women Voters of Orange Coast, Interfaith Council of Greater Rancho Santa Margarita, Concerned Citizens Laguna Woods Village, Affordable Housing Clearinghouse, Friendship Shelter, Family Promise of Orange County, and South County Outreach pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due on October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be
6.1.d
Packet Pg. 703 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) Ken Rosenfield, Interim City Manager
completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Public participation in the development, adoption, and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
HCD appreciates the hard work and responsiveness the City’s housing element team provided during the course of our review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Ayala, of our staff, at [email protected].
Sincerely,
Senior Program Manager
Enclosure
Paul McDougall
6.1.d
Packet Pg. 704 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City Laguna Hills’ 6th Cycle Draft Housing Element Page 3 January 4, 2022
APPENDIX
CITY OF LAGUNA HILLS
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Outreach: Outreach specifically related to affirmatively furthering fair housing (AFFH) is foundational to a complete analysis and formulating appropriate goals and actions to overcome patterns of segregation and foster more inclusive communities. The element mentions general outreach as part of the housing element. However, the element should relate this and other outreach to all components of the AFFH analysis and modify or add goals and actions as appropriate. Also, the element mentions a regional Analysis of Impediments to Fair Housing Choice and could utilize information from that process to facilitate meeting this requirement.
Enforcement: While the element discusses capacity to investigate fair housing complaints, it should also evaluate compliance with existing fair housing laws and regulations.
Displacement: The element briefly and generally mentions displacement but must still provide data, analysis and conclusions. The element could utilize data from the Urban Displacement Project to facilitate meeting this requirement. The data is available at https://www.urbandisplacement.org/maps/los-angeles-gentrification-and-displacement/.
Site Inventory: The element includes some broad discussion of sites and AFFH. However, the analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups, and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., antidisplacement and place-based community revitalization strategies).
6.1.d
Packet Pg. 705 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City Laguna Hills’ 6th Cycle Draft Housing Element Page 4 January 4, 2022
Contributing Factors: The element identifies many contributing factors to fair housing issues. In addition, the element should consider prioritizing these factors to better formulate policies and programs and carry out meaningful actions to further fair housing.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices, and affordability in high opportunity areas, place-based strategies for community preservation and revitalization, and displacement protection.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Extremely Low-Income (ELI) Households: While the element quantifies the total number of existing and projected ELI households, it must also analyze their housing needs. For example, the element should analyze trends, cost burden and other household characteristics then examine the availability of resources to determine gaps in housing needs. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/extremelylow-income-housing-needs.shtml.
Housing Conditions: While the element includes some information on housing stock conditions from American Community Survey (ACS) data, it must also estimate the number of units in need of replacement and rehabilitation. For example, the analysis could include estimates from the code enforcement agency, or information from knowledgeable organizations. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/housingstock-characteristics.shtml.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
RHNA Progress: The City’s regional housing need allocation (RHNA) may be reduced by the number of new units built, permitted, approved, or pending since June 30, 2021. The element must demonstrate the affordability and availability of these units in the planning period. The element credits units toward the RHNA for moderate-income households, but
6.1.d
Packet Pg. 706 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City Laguna Hills’ 6th Cycle Draft Housing Element Page 5 January 4, 2022
it must also demonstrate their affordability based on actual or anticipated rents or sales prices or other mechanisms ensuring affordability (e.g., deed-restrictions).
Parcel Listing and Candidate Sites for Rezoning: The element indicates a shortfall of sites to accommodate the RHNA for lower-income households. As a result, the element must list candidate sites for rezoning and meet all requirements pursuant to Government Code section 65583.2, including analysis of suitability for development on nonvacant sites. In addition, parcels must be listed by anticipated affordability and descriptions of existing uses should be sufficiently detailed to facilitate an analysis of suitability for development on nonvacant sites.
Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element provides a general description of the existing use of each nonvacant site for example “commercial” or “industrial”. This alone is not adequate to demonstrate the potential for redevelopment in the planning period. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element should analyze the extent that existing uses may impede additional residential development. For example, the element includes sites identified as industrial or commercial, but no analysis was provided to demonstrate whether these existing uses would impede development of these sites within the planning period. The element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.
In addition, as noted in the housing element, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households.
For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Small Sites: The element identifies several sites at less than a half-acre in Table H-48B.
These sites are not eligible absent a demonstration that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless other evidence is
6.1.d
Packet Pg. 707 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City Laguna Hills’ 6th Cycle Draft Housing Element Page 6 January 4, 2022
provided. If the inventory indicates some sites can be consolidated it should also provide analysis demonstrating the potential for consolidation. For example, the analysis could describe the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for lot consolidation, or information from the owners of each aggregated site.
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While the element lists some zones and development standards, it must also analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing.
Fees and Exaction: The element must describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. For example, the analysis should address all planning and impact fees for their cumulative impact on development costs for typical single family and multifamily development.
Processing and Permit Procedures: While the element provides a general description of the Site Development Permit (SDP) required for housing developments, it must analyze the SDP process. The analysis should address the City Council review, including time for typical single family and multifamily developments, number of hearings and approval findings and evaluate impacts on timing, cost, and approval certainty.
Housing for Persons with Disabilities: The element identifies the City’s definition of family and concludes the definition is not a constraint. However, the element should analyze the definition. For example, the element should address “common housekeeping management plan based on an intentionally structured relationship providing organization and stability” and whether those standards constrain housing for persons with disabilities.
5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
6.1.d
Packet Pg. 708 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City Laguna Hills’ 6th Cycle Draft Housing Element Page 7 January 4, 2022
Approval Time and Requests Lesser Densities: The element must include analysis of requests to develop housing at densities below those identified, the length of time between receiving approval for a housing development and submittal of an application for building permits. The element must address any hindrance on the development of housing and include programs as appropriate.
B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Program 7 (Zoning Code Update): The Program should be revised to address constraints identified in the prior planning period related to manufactured housing and open space and lot coverage requirements as noted on page H-169 of the element.
• Program 11 (Regional Housing Need): The Program should be revised with timelines in compliance with statutory requirements, generally within 3 years of the statutory due date (October 15, 2021) or 1 year, if applicable, as noted above.
2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
While the element includes Programs 13 (Continuum of Care) and 15 (Affordable Housing Developers) to assist in the development of housing for lower-income households, these Programs should be revised with proactive actions and discrete timing. For example, actions may include annual outreach with developers and service providers.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
6.1.d
Packet Pg. 709 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City Laguna Hills’ 6th Cycle Draft Housing Element Page 8 January 4, 2022
housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A4 and A5, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints, particularly fees and exactions.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis.
C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).) The element describes the City’s efforts to include all segments of the community, including comments but it should also discuss how those comments were incorporated. In addition, HCD notes some commenters (noted above) provided meaningful policy and program suggestions that should be considered as part of future versions of the housing element.
6.1.d
Packet Pg. 710 Attachment: Attachment D - HCD Review Letter, January 4, 2022 (2907 : 2021-2029 Housing Element Update and Safety Element Update) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 28, 2022
TO: Mayor and Council Members
FROM: Dan Meehan
Community Services Superintendent
ISSUE: 2022 Holiday Lighting and Decorations Agreement with the Christmas Kings
RECOMMENDATION: That the City Council: 1) Waive competitive formal bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.090 with regard to approval of the proposed Holiday Lighting and Decorations Agreement with The Christmas Kings, as it is hereby found and determined, pursuant to LHMC Section 3-08.110, that the recommended contract is for entertainment services and community support; 2) Approve the proposed Holiday Lighting and Decorations Agreement and authorize the City Manager to execute the Agreement.
SUMMARY:
The current 2021-2023 Biennial Budget includes a budget for City-wide holiday decorations in the amount of $100,000 in each fiscal year. Last year, The Christmas Kings (TCK) provided the City with holiday decorations and a light show synchronized to music in the Community Center Plaza area. The 2021 holiday decorations and lights were well received by the public. For this 2022 holiday season, Staff is recommending that TCK once again provides the City with holiday decorations (including a light show at the Community Center), which will require the execution of the attached agreement.
BACKGROUND:
In accordance with the City's purchasing ordinance (LHMC 3-08.110(L), subsections (10) and (11)), the City need not follow the formal procurement procedures set forth in
7.2.1 Packet Pg. 711
2022 Holiday Lighting and Decorations Agreement
June 28, 2022
Section 3-08.090 of the LHMC when the City Council finds and determines a contract is for entertainment services and/or community support. Nevertheless, Staff solicited informal proposals from two qualified vendors to identify a scope of work and budget that would be satisfactory to the City. The vendors that submitted a proposal and the total cost for each of their proposals are listed below. Both vendors included a light show in their proposals. TCK’s proposal, however, included far more décor pieces at the Community Center and at the five entry monuments in the City. • The Christmas Kings (TCK): $99,710
• St. Nick’s: $99,950
Details of TCK’s proposed 2022 holiday decorations are included below as well as in the attached proposed agreement. Per the proposed agreement, TCK will install all lights and decoration in working condition by December 1, 2022, and will remove all lights and decorations beginning January 2, 2023 and completed by January 31, 2023.
1. Community Center (25555 Alicia Pkwy)
a. Lights around building roofline
b. Christmas tree in lobby area with garland on stair railing with wreath c. Wreath and other decorations on windows at Community Center main entrance
d. Decorations on top of pillars at PDV/Alicia Community Center sidewalk entrance
e. Lights in the plaza area and adjacent to Alicia Pkwy to include wrapping of tree trunks and limbs. Lights in canopy of trees adjacent to Alicia Pkwy f. Lights in bushes and palms adjacent to Community Center building
2. El Toro Median and Monuments
a. Lights around twelve (12) palm trees with uplights
b. Decorations on top of each monument pillar
3. Five (5) Laguna Hills Entry Monuments Decorated
a. Entry monument locations:
i. 1. Lake Forest/Moulton
ii. 2. Alicia/5 freeway
7.2.1 Packet Pg. 712
2022 Holiday Lighting and Decorations Agreement
June 28, 2022
iii. 3. La Paz/5 freeway
iv. 4. Oso/Cabot
v. 5. Moulton/Nellie Gail Rd.
b. Decorations shall include the following at each monument i. Garland and lights on entry monument signs
ii. Lights in bushes in front and in back of entry monuments iii. Lights wrapped around tree trunk and limbs of trees located in close proximity to entry monument
iv. Lights and/or lit decorations added to tree canopies
4. Proposal includes a light show synchronized to music at the Community Center plaza area.
FISCAL IMPACT:
The budget for the holiday decoration plan is $100,000 for FY 2022/2023. Total costs for TCK’s proposed 2022 holiday decoration plan are $99,710.
ATTACHMENTS:
• Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings
7.2.1 Packet Pg. 713
TERMS AND AGREEMENT
1. TERMS OF AGREEMENT:
a. The Invoice, dated June 1st, 2022 and numbered 22-655 (the “Invoice”) and the City of Laguna Hills 2022 Proposal dated June 1
st, 2022, attached hereto as Exhibit “A” and incorporated herein, along with these Terms and Agreement will represent the exclusive agreement (“Lighting Agreement”) between The Christmas Kings (“TCK”) and The City of Laguna Hills (the “Client”).
b. The term of the Lighting Agreement shall be effective and begin on ___________ and remain in effect through the end of the applicable holiday season, on January 31st, 2023.
2. PAYMENT TERMS:
a. The Client shall pay TCK the amount set forth in the invoice with the following terms in mind.
b. DEPOSIT - a deposit of 50% shall be due Net30 once the Invoice and terms are agreed upon.
c. BALANCE DUE - Client shall pay the remaining balance to TCK including any additional billable invoices that were incurred after initial contracting NET30 after the scope of work is completed in full.
d. CLIENT REFUNDS AND CREDITS - if there is a particular scope of work that cannot be completed due to customer power, construction, change of mind, or any other reason not in the control of TCK, TCK and the Client in a reasonable timely manner shall re-design, reallocate, or change the scope of work to another item valued at the same cost. Once a price point and invoice is agreed upon by the Client, the Client may not diminish their budget for that holiday season after the fact and request a refund or hold final payment. e. CANCELLATION POLICY - in the event of a Client cancelation more than 30 days prior to the scheduled installation date, the Client shall forfeit a portion of their deposit amount which will be 25% of their total invoiced amount as a cancelation fee. If the Lighting Agreement is cancelled within 30 days of the installation date the Client shall be responsible for 50% of the invoice amount. If there is custom decor specific for the Client's project that has been ordered or manufactured at the request of Client, the Client will be responsible for 100% of the costs associated with such decor.
f. OWNERSHIP OF MATERIALS - TCK is the sole owner of all materials used on projects with the Client unless otherwise specified on the invoice denoting a purchase, lease to own, Client provided material, or similar. All products are supplied on a rental basis and it is the duty and obligation of the Client and their employees to use their best efforts to protect and ensure decorations and materials are not damaged, or stolen during the rental duration.
Once installed on the Client’s property, Client shall be responsible for the replacement or repair costs of materials that are stolen or damaged, excepting normal wear and tear or weather-related damage.
1695327.1
7.2.1.a
Packet Pg. 714 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations
3. SCOPE OF WORK
a. Installation
i. TCK will provide installation using commercially reasonable efforts to complete the installation as described in the scope of work and detailed on the Invoice (the “Project”), attached hereto as Exhibit “A” and incorporated herein. TCK will install the Client display by no later than December 1st or on an earlier scheduled date agreed upon by TCK and the Client. All Non Daytime decor (trees, bushes, roof lines, etc.) will be installed prior to November 1st and powered off until commencement of lighting display designated by Client. Determination of installation methods will be at the sole discretion of TCK. TCK shall not be responsible for functionality issues due to electrical system faults or inadequate power availability at the property.
b. Service
i. TCK will use commercially reasonable efforts to ensure all decorations are in working order during the season from the install date to January 1st, 2023. All service calls during the season shall be relayed to TCK in writing so there is a trackable date and time stamp on the service call. Please send detailed information about the issue so we can promptly respond and remedy the situation. TCK has a 24-48 hour service call response time for issues depending on the severity of the issue and service area. Clients are required to change sprinkler run times in areas that lights have been requested. Sprinkler times must be set to start any time after the lights are off and to stop at least 4 hours prior to the lights activating. If there are issues with GFCI’s popping and sprinkler times have not been changed clients may experience additional charges for service calls.
c. Removal
i. All lighting displays will be removed beginning January 2nd and completed January 31st.
4. CUSTOMER CHECKLIST AND RESPONSIBILITIES:
a. Power - Clients must provide sufficient power to each location lights are requested to be installed. TCK does not always conduct a site survey and it is not included in our pricing, Clients are urged to have an electrical evaluation done with their preferred electrical contractor in order to ensure proper working power is available for TCK to tie into. b. Bubble covers - All outlets should be equipped with In-Use covers to prevent tripping from intruding water threats. TCK cannot ensure workability of displays that are connected to outlets without bubble covers, and the Client may incur service call charges. c. GFCI - The most common service call is for a tripped GFCI. Customers are responsible for first attempting to reset the GFCI before requesting service. NOTE: power must be live to the outlet in order to reset the GFCI button. If an outlet is on a timer or photocell, that device must be activated to allow power to flow to the outlet before trying to reset. If a TCK technician is dispatched to repair an issue related to a popped GFCI in the circumstance that is related to a non protected GFCI outlet or a Client related power issue, the Client will be responsible for $75 per hour including drive time for the repair. d. Sprinklers - Sprinkler systems must operate only when the lights are off. Please give 4 hours of dry time before the lights turn on for the evening. The TCK lights used on all projects are outdoor rated but they are not meant to be hit by direct pressurized water. If sprinklers hit lights or outlets, the GFCI will trip and cause light failure. e. Tree trimming - TCK suggests all trees scheduled for lighting to be trimmed in the month of September if needed or prior as installs begin late September in most areas. Trimming trees has several benefits: helps with the speed of install, allows more lights to be visible from guests, allows install technicians to wrap higher and more primary branches offering a better 1695327.1
7.2.1.a
Packet Pg. 715 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations final product for no additional costs to the Client.
f. Deployed Product During The Season - TCK is not responsible for our product or Client owned product that has been stolen, cut, damaged, or destroyed while on the clients property. Clients must offer a safe and secure environment with adequate and sufficient security/supervision to prevent decorations from being stolen or damaged.
5. LEGAL
a. Notices - all notices and correspondence shall be delivered electronically to TCK main customer support email or the appropriate salesperson.
b. Modification or Waiver - No amendments, modifications or waivers of the Lighting Agreement shall be binding unless both parties agree in writing and both sign an amendment, addendum or new contract.
c. Severability - The invalidity or unenforceability of any particular provision of the Lighting Agreement shall not affect the other provisions hereof, and this Lighting Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. d. Governing Law -The Lighting Agreement shall be constructed and enforced under and in accordance with the laws of the state of California.
e. Dispute Resolution
i. (a) Mediation. In the event a dispute arises between the parties with respect to the Lighting Agreement, the parties agree to first submit such dispute to mediation in Orange County, California, which process shall commence by one party providing written notice to the other party requesting mediation. The mediator shall be selected by mutual agreement of the parties, provided, however, if the parties cannot agree on a mediator, TCK shall provide a list of five acceptable mediators to Customer and Customer shall choose the mediator from such list. The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed. Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. If the parties have not resolved a dispute within 90 days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the dispute shall be settled by arbitration. (b) Arbitration. If the parties are unable to resolve any dispute through mediation as set forth above, the parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in Orange County, California in accordance with the then existing Commercial rules (“Rules”) of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, that the law applicable to any controversy shall be the law of the State of California, regardless of principles of conflicts of laws. In any arbitration pursuant to this Lighting Agreement, (i) discovery shall be allowed and governed by the Rules, and (ii) the award or decision shall be rendered by a single arbitrator appointed by mutual agreement of the parties. In the event of failure of the parties to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the arbitrator, the arbitrator shall be appointed by the AAA in accordance with the Rules. Upon the completion of the selection of the arbitrator, an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated only by the courts of the State of 1695327.1
7.2.1.a
Packet Pg. 716 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations California located in Orange County or the Federal District Court for the District of California. EACH PARTY HERETO HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT IT MAY LEGALLY AND
EFFECTIVELY DO SO, TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER. All aspects of the arbitration shall be treated as confidential.
The parties and the arbitrator may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards.
6. INSURANCE
6.1 Compliance with Insurance Requirements. TCK shall obtain, maintain, and keep in full force and effect during the term of this Lighting Agreement, at its sole cost and expense, and in a form and content satisfactory to Client, all insurance required under this section. TCK shall not commence any Project services or work under this Lighting Agreement unless and until it has provided evidence satisfactory to Client that it has secured all insurance required under this section. If TCK’s existing insurance policies do not meet the insurance requirements set forth herein, TCK agrees to amend, supplement or endorse the policies to do so.
6.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Lighting Agreement, and without limiting the indemnity provisions set forth in this Lighting Agreement, TCK shall obtain and maintain in full force and effect during the term of this Lighting Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million 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. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Lighting Agreement.
B. Automobile Liability Insurance. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting 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. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting 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.
TCK agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the Client, its officials, officers, employees, agents and volunteers, and to require each of its sub consultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
6.3 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 Client will accept workers’ compensation insurance from 1695327.1
7.2.1.a
Packet Pg. 717 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations the State Compensation Fund. In the event the Client determines that the Project work or services to be performed under this Lighting Agreement creates an increased or decreased risk of loss to the Client, TCK agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Client. TCK shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
6.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Client for written approval. Required insurance policies shall contain the following provisions, or TCK shall provide endorsements on forms approved by the Client to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The Client, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Lighting Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of TCK, or (4) contain any other exclusions contrary to the Lighting Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the Client. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of TCK’s failure to pay the insurance premium, the notice provided to Client shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, TCK shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
6.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the Client in advance and shall protect the Client, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
6.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Client, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
6.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the Client, its officials, officers, employees, agents and volunteers, or shall specifically allow TCK or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. TCK hereby agrees to waive its own right of recovery against the Client, its officials, officers, employees, agents and volunteers, and TCK hereby agrees to require similar written express waivers and insurance clauses from each of its sub consultants or subcontractors.
6.8 Evidence of Coverage. Concurrently with the execution of the Lighting Agreement, TCK shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted 1695327.1
7.2.1.a
Packet Pg. 718 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations to the Client for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Client. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, TCK shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Client evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. TCK shall promptly furnish, at Client’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents Client requires to verify coverage.
6.9 Requirements Not Limiting. Requirements of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Lighting Agreement, or the extent to which TCK may be held responsible for payments of damages to persons or property.
6.10 Enforcement of Agreement (Non-Estoppel). TCK acknowledges and agrees that actual or alleged failure on the part of the Client to inform TCK of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the Client nor does it waive any rights hereunder.
6.11 Insurance for Subconsultants. TCK shall either: (1) include all subconsultants or subcontractors engaged in any Project work or services for TCK relating to this Lighting Agreement as additional named insureds under the TCK’s insurance policies; or (2) TCK shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the Client, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by TCK’s subconsultants or subcontractors performing any Project work or services related to this Lighting Agreement shall be endorsed to name the Client, its officials, officers, employees, agents and volunteers, as additional insureds.
TCK shall not allow any subconsultants or subcontractors to commence any Project work or services relating to this Lighting Agreement unless and until it has provided evidence satisfactory to Client that the subconsultant or subcontractor has secured all insurance required under this section.
6.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of TCK pursuant to this Lighting Agreement:
A. TCK shall provide immediate written notice to Client if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by TCK and available or applicable to this Lighting Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Lighting Agreement or any other agreement relating to the Client or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Client and approved in writing.
1695327.1
7.2.1.a
Packet Pg. 719 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is TCK’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. TCK agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by TCK, provide the same minimum insurance coverage required of TCK. TCK agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. TCK agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the Client for review.
F. TCK agrees to provide immediate written notice to Client of any claim, demand or loss against TCK arising out of the Project work or services performed under this Lighting Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Lighting Agreement.
7. INDEMNIFICATION
To the fullest extent permitted by law, TCK shall defend (at TCK’s sole cost and expense with legal counsel reasonably acceptable to Client), indemnify, protect, and hold harmless Client, 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 (TCK’s employees included), for damage to property, including property owned by Client, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to TCK’s performance under this Lighting Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Lighting Agreement be construed to limit TCK’s indemnification obligation or other liability hereunder.
8. ENTIRE LIGHTING AGREEMENT
This Lighting Agreement constitutes the entire Lighting Agreement between the parties hereto and supersedes all prior negotiations, arrangements, representations, or understandings, if any, made by or among the parties with respect to the subject matter hereof. No amendments or other modifications of this Lighting Agreement shall be binding unless executed in writing by both parties hereto, or their respective successors, assigns, or grantees.
9. NO DURESS
This Lighting Agreement has been entered into without force or duress, signing at free will of the Client and each party involved. The Client has had free will with a clear decision to enter into this Lighting Agreement as a fully informed decision and such persons/companies/or clients are aware of all legal verbiage and has complete understanding of all listed contractual terms and agreements.
I THE UNDERSIGNED AGREE IN FULL WITH ALL THE TERMS AND CONDITIONS LAID OUT IN THE ATTACHED DOCUMENTS AND INVOICES. I THE UNDERSIGNED AM QUALIFIED ON BEHALF OF SELF, CLIENT, OR THE PROPERTY/COMPANY TO ENTER INTO SUCH CONTRACT. [Signatures on Next Page]
1695327.1
7.2.1.a
Packet Pg. 720 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations “Client”
City of Laguna Hills,
a California municipal corporation
Jarad L. Hildenbrand,
City Manager
ATTEST:
(SEAL)
MELISSA AU-YEUNG,
Deputy City Manager/City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“TCK”
The Christmas Kings
By: __________________________
Mathew Kronquist,
President
1695327.1
7.2.1.a
Packet Pg. 721 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations OVER
VIEW
Please initial each of the following key points from
the contract
1. 50% Deposit due at the time of job approval, 50% final payment due Net30 after the removal of the installation.
2. All product provided as seasonal rental, unless
otherwise stated in scope of work
3. Client must provide pre-checked and working Power Outlet (with bubble cover) at each lighting location. TCK cannot run power across sidewalks or more that 100’ from Outlet
4. Price includes installation, service calls with a 24-48 hour response time, and removal of all products in January. All takedowns will be done between January 2nd – 31st (Weather Permitting)
5. Client must have landscape company change any nearby sprinklers to run only during daytime hours with a stop time no less than 4 hours ahead of lights on time and must be done before “lights on” date
6. Any Vendor Registration Fees will be paid by the Client or the fee will be added onto the final invoice payment if they are not disclosed at the time of contracting.
7. All non daytime decor will be installed in November (tree lighting, roof lines, fence lighting, flood lights, etc.). All Greenery, Bows, Decor, and final power connections will be done prior to the lights on date. The install date will be on or before December 1st, or an earlier date agreed upon by Client and TCK.
1695327.1
7.2.1.a
Packet Pg. 722 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations Exhibit A
Scope of Work
1695327.1
7.2.1.a
Packet Pg. 723 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations The Christmas Kings
31500 Grape St Ste 3233
Lake Elsinore, CA 92532
(951) 454-9777
[email protected]
INVOICE - Full
ADDRESS
City of Laguna Hills
INVOICE
DATE
22-655
06/01/2022
1 1
1 * 2022 Holiday Lighting & Decor Services
*All Product Supplied As A Rental
*Service to include - Installation - Service - Removal
99,710.00
CITY OF LAGUNA HILLS COMMUNITY CENTER
1 Christmas Tree - Artificial Deluxe Oregon Fir - 12' Tree with Customer Determined Ornament Package TBD - Lighted LED - Gold, Silver, and Red Decor Package
Garland Decorated - Deluxe Oregon Fir decorated garland with 2"-4" ornaments - Color choice TBD - standard is Red, Silver, Gold - Going up Stairwell - not to impede handrail access
1 Wreath Decorated - 72" Wreath with 48" Red bow hung above Community Center main entrance doors from metal overhead supports Wreath Decorated - 48" Wreath Installed on top platform railing of stairwell facing entrance doors
* NOTE -Front and PDV side of building with Smart RGB C9 lights 1 1
1 to incorporate into light show
1 C9 LED Lighting w/ 12" spacing
- Alternating white and red C9 lights on perimeter of building not utilized with light show
Leblanc Decor Piece
2 - 7.5' Pandora Snowflakes with animated LED Drip Lights Leblanc illuminations Photo Op Display Large Walk Through 16' Tall Walk Through Royal Ribbon Gift Box
3' 3D Gift Boxes next to Royal Ribbon Gift Box
Leblanc Decor Piece -
2 - 7.5' tall pre-lit Red ornaments on corner monument pillars Leblanc Decor Piece -
2 - 4.5' tall white ornaments on the top of the corner monument pillars 1 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on 1 1
1 1
Trunk and Major Limbs - Small Tree Wrap Height approx. 5' - 8' high - 17 - Trees along pedestrian path at community center with Pure white shimmering LED lights
QTY DESCRIPTION AMOUNT
7.2.1.a
Packet Pg. 724
1 MIcro LED lights - 5mm micro LED lights with 6" spacing between bulbs - Light up bushes and trees along front of Community Center - Pure white and Red LED mini lights
EL TORO MEDIANS - (2 Identical medians) 1 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs
- 12 - Spiral wrap palms with Pure white shimmering LED Micro lights - apx 25' high
1 Uplights
- 2 Uplights in each of the palm trees to light the fronds Leblanc Decor Piece - see notes for details
8 TOTAL - 3' tall out of ground gift boxes & 4.5' tall ornaments installed on the tops of the pillars - alternating styles
15 - LAGUNA HILLS MONUMENTS
1 MIcro LED lights - 5mm micro LED lights with 6" spacing between bulbs - 5 - Light up bushes in front and behind Monument signs with Pure White Shimmering LED Micro lights
Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree wrap apx. 12 - 15' high 5 - Branch wrap trunk and major limbs of Magnolia tree behind each monument sign with Pure White Shimmering LED micro lights Garland Decorated - Deluxe Oregon Fir decorated garland with 2"-4" ornaments
5 - Lit Decorated Garland across the top of each Monument sign Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high 6 - Additional trees behind South Moulton Entry Monument - Light up trunks and major limbs
Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high 3 - Additional trees behind Oso Parkway Entry Monument - Light up trunks and major limbs
Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high 1 - Additional trees behind Alicia Entry Monument - Light up trunks and major limbs
Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high 2 - Additional trees behind La Paz Entry Monument - Light up trunks and major limbs
Spritzers -
1111111
Installed around lower edge of the canopies of each tree Red flood lights throughout the canopies of several
large statement trees 3 times the power as 2021
1 Leblanc Decor Piece - see notes for details -
3 - Leblanc 2D decor pieces at different monument
signs - pieces are apx 5' wide and have shimmering lights - present boxes and ornaments
7.2.1.a
Packet Pg. 725 Attachment: Proposed Holiday Lighting and Decorations Agreement with the Christmas Kings (2899 : 2022 Holiday Lighting and Decorations
LIGHT SHOW AT COMMUNITY CENTER
1 RGB Light Show Decor - C9 RGB LIGHTS - See description for details - Along front edge and side of community center - apx 400' total RGB Light Show Decor -
8 - Trees in courtyard wrapped with RGB LED lights
RGB Light Show Decor -
- 18' RGB tree of lights installed in center of courtyard RGB Light Show Decor
1 1
1 2 - 14' Tree of lights set within the grass areas of the courtyard 1 RGB Light Show Decor - Medium Tree Wrap Height approx. 8' -10' high - 4 - Coro props utilized within light show - spinners, candy canes, singing face
1 * NOTE
Speakers and audio system installed for sound projection of light show TOTAL $99,710.00
The Christmas Kings carries general liability insurance & work comp @ $2,000,000 and $1,000,000 limits, Increases are available at clients expense - Our price includes installation, service, & removal, unless otherwise specified. - All materials are supplied to project as a rental from The Christmas Kings, unless provided by the client or otherwise specified.
- The client is responsible for providing adequate power at all lighted locations. - Sprinklers MUST be turned off to operate during daylight hours to prevent shorting out the display.
- The Christmas Kings provides service within 24 to 48 hours of reported outage.
Please use our online service call reporting link to report an outage, or send an email to [email protected].
- Additional fees may occur if it is determined that vandalism, theft has caused undo loss or damage.
Please read and sign and send back all terms and agreements for additional information.
Accepted By
Accepted Date
7.2.1.a
Packet Pg. 726
CITY OF LAGUNA HILLS
We Proudly Present
7.2.1.a
Packet Pg. 727 Attachment: Proposed Holiday Lighting and Decorations
LAGUNA HILLS
COMMUNITY CENTER
Alternating Red-White LED C9 bulbs on
the front & sides of Community Center
Building
6’ Pre-Lit Wreath with 48” Red Bow
mounted above main entry doors
Two 7.5’ Tall Pandora Snowflakes with
animated LED Drip Lights mounted on
windows to left and right of main
entrance
Installation of ROYAL RIBBON GIFT
BOX in front of Community Center
Building. Royal Ribbon Gift Box lit with
with a warm/pure mixture of LED
twinkling lights.
Pure white lights in bushes and small
palm trees in front of building. Red
mini lights in fronds of small palm
trees.
7.2.1.a
Packet Pg. 728
COURTYARD
Branch wrap Trunks and Major
Limbs of Trees
Courtyard area trees will be lit with
smart pixel RGB LED LIGHTS
Pure White lights on Bushes and
small trees up against Community
Center with Red LED mini lights in
small tree canopies.
7.2.1.a
Packet Pg. 729 Attachment: Proposed Holiday Lighting and Decorations
COMMUNITY CENTER
ADDITIONAL LIGHTING
We are proposing to light up
most of the Trees and Bushes in
the Courtyard with Pure White
and Red LED mini lights to match
the Community Center Building
Lights and Decor Pieces mixed
throughout the City.
Lights will be installed only on the
front & sides of the building in
2022 and the front will be
incorporated into the light show.
7.2.1.a
Packet Pg. 730
CORNER PILLARS
PASEO DE VALENCIA AND
ALICIA PKWY
Two 7.5’ Tall 3D Red Ornaments
Pre-Lit with twinkling LED lights
sitting on top of big Pillars by stairway
Two 4.5’ Tall 3D White Ornaments
Pre-Lit with twinkling LED lights
sitting on top of smaller Pillars
No garland on the base of the pillars
for 2022 (SAME AS 2021)
7.2.1.a
Packet Pg. 731
EL TORO
CENTER MEDIANS
Spiral wrap Palm Trees in center island
with Pure White Twinkling LED mini
lights at 4” spacing up approx. 25’ high
Two 30 watt Uplights on each Palm Tree
lighting up Palm Fronds
Place a 4.5’ Tall 3D Lit Ornament /
Present boxes at top of ALL 8 PILLARS
*Note: There are two medians that look like
this, both will be lit and decorated the same
7.2.1.a
Packet Pg. 732
LAGUNA HILLS CITY
MONUMENTS
Wrap trunk and major limbs of Trees
behind Monument Signs with LED
Pure White mini lights at 4” spacing
between wraps approx. 15’ high
LED Twinkle Starbursts in all Tree
Canopies on the bottom portions
LED Lit Garland across top of each
Monument Sign with Red Bows
Bushes in front of and behind
Monument Signs lit with Pure White
LED Twinkle lights - Ground cover as
applicable
3 X BRIGHT Flood lights in the
canopies to get light higher into the
foliage.
5’ 2D leblanc decor piece at the
north laguna hills monument sign.
Lighted in twinkle lights
7.2.1.a
Packet Pg. 733
LIGHT SHOW
ADD ON
DOUBLE THE SONGS FROM 2021
FEATURES
RGB LED LIGHTS THAT DANCE TO
MUSIC AND SYNCHRONIZED
TOGETHER TO CREATE AN
IMMERSIVE INTERACTIVE LIGHT
SHOW
8 branch wrapped trees with micro
RGB LED lights approx. 15’ high
400’ RGB C9 LED roof line lights
1 x 18’ tall trees of lights with 1200
RGB LED micro lights each
2 x 14’ tall trees of lights with 800
RGB LED micro lights each
10 x 50 watt RGB LED flood lights on
the building facade
BOSCOYO coro props - spinners,
stars, candy canes, and a singing
element
6 songs - synchronized lights to
music 3 NEW SONGS FOR 2022
DOUBLE THE SHOWS
VIDEO LINK FROM 2021: CLICK HERE FOR VIDEO
7.2.1.a
Packet Pg. 734 Attachment: Proposed Holiday Lighting and Decorations
LAGUNA HILLS
COMMUNITY CENTER
12’ Interior decorated christmas tree in
lobby
Garland on the handrail of the stairs
48” wreath at the top of the hand rail
7.2.1.a
Packet Pg. 735
2021 LIVE PICS 7.2.1.a
Packet Pg. 736
LIGHT SHOW
EXAMPLES
7.2.1.a
Packet Pg. 737
LIGHT SHOW
EXAMPLES
VIDEO LINKS
Got This Feeling
https://vimeo.com/259792135
Uptown Funk
https://vimeo.com/259791445
Feels
https://vimeo.com/261728153
7.2.1.a
Packet Pg. 738 Attachment: Proposed Holiday Lighting and Decorations
LIGHT SHOW
EXAMPLES
7.2.1.a
Packet Pg. 739
LIGHT SHOW
EXAMPLES
7.2.1.a
Packet Pg. 740
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 28, 2022
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: 2022 Holiday Season Events Schedule
RECOMMENDATION: That the City Council receive and file the report.
SUMMARY:
The City hosted a Holiday Events Series for the first few weeks in December 2021. The purpose of the holiday events was to promote holiday and community spirit and to encourage people to visit and enjoy the Community Center while the holiday lights decorations were on display. To determine the interest in hosting another Holiday Events Series this year, Staff brought a report to the Parks and Recreation Commission at its June 1, 2022, meeting. At this meeting, Staff also requested from the Commission any recommendations on improving or modifying the event series. The Parks and Recreation Commission was in favor of hosting another Holiday Events Series in December 2022, and suggested that the events be limited to two events to maximize public attendance. Staff is in the process of planning for this year’s Holiday Events Series and wanted to update the Council on planning progress.
BACKGROUND:
City Council previously suggested the City host certain entertainment activities at the Community Center Plaza area during the 2021 holiday season while the holiday lights and decorations were displayed. In response to this suggestion, Staff planned for a series of events and the City hosted its first Holiday Events Series with four (4) events in the first few weeks of December 2021. A summary of the 2021 events is provided below and the flyer used to advertise these events is attached for the Council’s reference.
7.2.2 Packet Pg. 741
2022 Holiday Events Series
June 28, 2022
Approximately 180 individuals attended the event series last year. Collection containers for food donations were provided by South County Outreach and toy donations were accepted to benefit the charitable cause of Toys for Tots. 2021 Holiday Event Series
In addition to these following events, the City also hosted its traditional Breakfast with Santa event on December 4, 2021.
December 8, 2021 (Wednesday)
• South Orange County Brass Ensemble composed of 15 brass instrument musicians provided holiday musical entrainment.
• Refreshments were provided by the Laguna Hills Chamber of Commerce. • Children’s crafts were arranged by OC Public Library.
December 10, 2021 (Friday)
• Santa Claus visited the Community Center Plaza area and was available for pictures inside the giant walkthrough Holiday Ornament. • A string ensemble from the Global Harmony Symphony played holiday music during Santa Claus’ visit.
• Refreshments were provided by the OC Sheriff’s Department and the Laguna Hills Chamber of Commerce.
• Children’s crafts were arranged by the Community Services Department.
December 15, 2021 (Wednesday)
• Violinist Donna K. Cho and Violist Julia Scholtes performed holiday music with a series of string duets.
• Refreshments were provided by the Laguna Hills Chamber of Commerce. • Children’s crafts were arranged by OC Public Library.
December 17, 2021 (Friday)
• The Laguna Hills High School Drama Department performed scenes from their winter musical, “Elf the Musical.”
• Laguna Hills High School Choir sang Christmas carols to conclude the City of Laguna Hills Holiday Events Series.
7.2.2 Packet Pg. 742
2022 Holiday Events Series
June 28, 2022
• Refreshments were provided by the Community Services Department and the Laguna Hills Chamber of Commerce.
2022 Holiday Event Series
Listed below are Staff’s tentative plans and recommendations for this year’s Holiday Events Series. At its June 1, 2022, meeting, the Parks and Recreation Commission recommended that the City pursue another event series this year and limit the events to two events. The Commission’s opinion was that two events would promote greater attendance at each of the events. Also, reducing the number of events from four (4) events to two (2) events would decrease the expense for heaters.
Staff is in favor of hosting the Holiday Event Series in the outdoor area (or Plaza) of the Community Center, as was the case last year, to maximize the enjoyment of the holiday decorations and lighting at the Community Center. Staff’s tentative schedule below accounts for the Commission’s recommendation of limiting the series to two events and also includes the Breakfast with Santa event as part of the series—for a total of three (3) events. This schedule also accounts for other reservations that are currently booked at the Community Center in the month of December. Staff will put a hold on the Heritage Room for the first and third event dates as a backup plan if an event needs to move indoors. The second event, Breakfast with Santa, is already hosted indoors in the Heritage Room.
1 st Event: December 8, 2021 (Thursday) or December 9, 2022 (Friday) Staff recommends that this event be scheduled with musical entertainment. Volunteer musicians could once again be secured to provide holiday music such as the South Orange County Brass Ensemble and musicians from the Global Harmony Symphony. Performances from the High School Drama Department or the Choir Group may also be included as part of this event. Other entertainment could also be scheduled.
A tree lighting ceremony could be arranged as part of this event to kick off the Holiday Events Series. Refreshments could once again be provided by our local non-profits such as the Chamber of Commerce or by the OC Sheriff’s Department. Other community interest/information booths could also be included in the event.
7.2.2 Packet Pg. 743
2022 Holiday Events Series
June 28, 2022
A children’s craft booth may be offered at this event and the OC Public Library may once again want to participate in offering this service.
Opportunities for charity will also be included in this event.
At this time, Staff has not determined if this first event should be held on December 8, 2022, or on December 9, 2022. While a Friday may be a better day for attendance, the following day (or December 10, 2022) is the Breakfast with Santa event which requires substantial setup the night before. Thursday, December 8, 2022, may be a better day for the first event for logistical purposes.
2 nd Event: December 10, 2021 (Saturday)
Staff plans on hosting the City’s traditional Breakfast with Santa event in the Heritage Room from 9am to 11am. Santa Claus has already been booked to attend this event.
3 rd Event: December 14, 2021 (Wednesday)
Staff recommends that this event be dedicated to “a visit from Santa Claus.” In anticipation of this event, staff has already booked Santa for this event since his commitments to other events fill up quickly. As was the case last year, Santa’s visit within the Community Center Plaza area would be a great opportunity for pictures with Santa with the holiday lights and decorations in the background. To provide additional musical entertainment during this event, Staff is looking into booking a professional caroling group.
Refreshments could once again be provided by our local non-profits such as the Chamber of Commerce or by the OC Sheriff’s Department. Other community interest/information booths could also be included in the event.
A children’s craft booth may be offered at this event and the OC Public Library may once again want to participate in offering this service.
Opportunities for charity will also be included in this event.
7.2.2 Packet Pg. 744
2022 Holiday Events Series
June 28, 2022
FISCAL IMPACT:
Expenses for the event series last year, not including staff time, totaled approximately $2,300. This included the cost of refreshments, heater rentals, and a visit from Santa Claus. The music entertainment was provided by volunteer musicians and by the Laguna Hills High School Drama and Choir Departments.
ATTACHMENTS:
• 2021 Holiday Event Series Flyer
7.2.2 Packet Pg. 745
Come on down and visit the Laguna Hills Community Center during the Holidays. Beginning December 1st, the Community Center Plaza will be decorated with Holiday lights and decoraƟons including a light show that will run every 30 minutes unƟl 10:00pm during the evening hours. In addiƟon, the City of Laguna Hills is hosƟng a “Holiday Events” series at the Laguna Community Center that will include live musical entertainment, refreshments, craŌs for kids, and a chance to meet the big man himself……Santa Claus! The following organizaƟons are accepƟng donaƟons during the City’s “Holiday Events” series.
South County Outreach – Bring food donaƟons such as canned foods and boxed foods with you. South County Outreach also needs help collecƟng the following items so that they can offer complete holiday meals and baking opƟons for their clients: flour, sugar, cooking oils, powered sugar, brown sugar, cocoa powder, baking powder, baking soda, vanilla extract, salt, yeast, cinnamon, graham cracker crust, dried fruit, jams and jellies, coconut, rolled oats, canned fruit pie filling, nuts.
Toys for Tots – Bring toy donaƟons with you to support Toys for Tots. A new toy, which millions of needy children receive each Christmas through the Toys for Tots Program, delivers a message of hope.
December 8th (6:30pm – 8:00pm) – Brass Choir
The South Orange County Brass Ensemble will be performing holiday favorites. The ensemble is comprised of 12 to 15 brass instrument musicians that all play in local community orchestras, and their performance will be a great way to herald in the 2021 Holiday Season. Refreshments will be provided by the Laguna Hills Chamber of Commerce. OC Public Library will be assisƟng children with craŌs, passing out library cards, and handing out prizes aŌer a spin of the Prize Wheel.
December 10th (6:00pm – 8:00pm) ‐ A Visit with Santa and a String Ensemble Santa Claus is coming to town! Santa is making a stop at the Laguna Hills Community Center and will be available for pictures inside our giant walkthrough Holiday Ornament. A string ensemble from the Global Harmony Symphony will play Holiday Music during Santa Claus’ visit. Refreshments will be provided by the OC Sheriff’s Department. Kids crafts will be available during this event including an opportunity to write a letter to Santa December 15th (6:30pm – 8:00pm) – String Duets
Violinist Donna K. Cho and Violist Julia Scholtes will be performing holiday music with a series of string duets.
Donna K. Cho has played with several orchestras including the Southern California Philharmonic, South Coast Symphony, Symphony Irvine, and St. Luke’s Chamber Orchestra. Miss Cho is currently a violinist with the Global Harmony Symphony and the Orchestra CollecƟve of Orange County. She also teaches the violin and piano. Julia Scholtes is a violist with the Global Harmony Symphony, Symphony Irvine, and the Kreter Quartet. She also performs as a violinist with the Feisty Women and Time Travel Madams, The Village Folk, and the Duo: CelƟc Soul.
Refreshments will be provided by the Laguna Hills Chamber of Commerce. OC Public Library will be assisƟng children with craŌs, passing out library cards, and handing out prizes aŌer a spin of the Prize Wheel.
December 17th (6:30pm – 8:00pm) – Laguna Hills High School Performances Let’s support our local high school talent. The Laguna Hills High School Drama Department will first entertain us by performing scenes from their winter musical, “Elf the Musical.” This performance will be followed by the Laguna Hills High School Choir singing Christmas carols to conclude the City of Laguna Hills “Holiday Event” series.
Refreshments and kid’s craŌs will be provided during this event.
7.2.2.a
Packet Pg. 746
Attachment: 2021 Holiday Event Series Flyer (2900 : 2022 Holiday Events Series) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 28, 2022
TO: Mayor and Council Members
FROM: Erica Pezold
Council Member
ISSUE: Council Discussion Regarding Options for Formation of a New Events, Communication, and Beautification Standing Committee
RECOMMENDATION: Council Member Pezold recommends that the City Council discuss options regarding the formation of a new Events, Communication and Beautification Standing Committee, and appoint two City Council Members to serve on said committee.
SUMMARY:
This item would establish a standing Events, Communication and Beautification Committee comprised of two City Council Members to make recommendations on projects designed to maintain and enhance the appearance of public areas within the City, conduct research on communications programs, and develop and implement community events.
Beautification
The Committee would drive around the City to create inventories of plant palettes, identify missing or dead plants, and place or replace plants on medians, slopes, and other locations throughout the City that are consistent with the plant palette of the particular location. As stated above, the focus is to enhance the appearance of public areas within the City.
8.2.1 Packet Pg. 747
Events, Communication, and Beautification Committee
June 28, 2022
Communication
Regarding the communication element for this Committee, the group will research effective ways to communicate with residents via an app, social media, newsletter, text message, and email, and create a banner program with sponsorships opportunities. If necessary, a summary of the Committee’s findings and recommended communications best practices will be presented to the City Council, especially for items that may have a fiscal impact on the City’s budget.
Events
Lastly, the Committee will research best practices to set up events in the City to costeffectively improve City-owned property for resident enjoyment. This could include purchasing items and equipment that residents or businesses can rent or borrow to increase the use of the City's parks, trails, and the Community Center. Furthermore, the Committee could look into sponsorship programs where a person or business could sponsor an event, creating further savings to the City.
Meetings
Meeting dates, times and frequencies shall be determined by the Committee, not the City Council, and are anticipated to be at least once a month. All its meetings shall be held in accordance with the Ralph M. Brown Act and shall be properly noticed and open to the public.
FISCAL IMPACT:
The Fiscal Year 2022/23 Budget for Landscape Maintenance (720.700) is $1,225,000 and for Tree Maintenance (720.702) is $360,000. Of these amounts, approximately $1,100,000 is fixed via contract leaving approximately $485,000 available, which can be used to provide the necessary boost to the City's landscape and other areas in need of beautification. Other non-fixed costs to these accounts include miscellaneous repairs, plantings and any special projects.
8.2.1 Packet Pg. 748
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 28, 2022
TO: Mayor and Council Members
FROM: Erica Pezold
Council Member
ISSUE: Discussion Regarding Formation of a New Economic Development Standing Committee
RECOMMENDATION: Council Member Pezold recommends that the City Council discuss options regarding the formation of a new Economic Development Standing Committee, and appoint two Council Members to serve on said committee.
SUMMARY:
The proposed Economic Development Committee would be comprised of two City Council Members and supported by the City Manager, the Community Development Director, and other staff members as needed to offer early input and direction on issues and projects that impact the City's business attraction and development efforts, and related economic development projects/programs.
It is envisioned that the Committee would work with staff to ensure efforts are coordinated in a proactive manner.
The objectives of the Committee are to:
• Find ways to increase the City's revenue and encourage a strong economy. • Promote local businesses.
• Outreach and listen to local businesses.
• Identify and address issues that hinder businesses.
• Support business attraction and retention efforts.
• Research firms that can assist with attracting businesses to the City.
8.2.2 Packet Pg. 749
Economic Development Committee
June 28, 2022
• Work cooperatively with the Chamber of Commerce on business attraction and retention issues.
Meetings
Meeting dates, times and frequencies shall be determined by the Committee, not the City Council, and are anticipated to be at least once a month. All its meetings shall be held in accordance with the Ralph M. Brown Act and shall be properly noticed and open to the public.
8.2.2 Packet Pg. 750