Agenda packet — Laguna Hills City Council, September 27, 2022

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING AGENDA
Tuesday, September 27, 2022 – 7:00 PM
(Closed Session at 6:00 PM when scheduled)
Dave Wheeler, Mayor
Janine Heft, Mayor Pro Tempore Don Caskey, Council Member Erica Pezold, Council Member Don Sedgwick, Council Member Location: City Council Chamber, 24035 El Toro Road, Laguna Hills, CA 92653 Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council/Planning Agency. Completion of the form is voluntary. All persons may attend the meeting regardless of whether this form is completed.

Members of the public wishing to address the City Council can do so during the Public Comments portion of the Agenda with a time limitation of three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item
Submission of Electronic Public Comments: While you may attend this meeting in person, those wishing to make electronic public comments may submit their comments by email to the City Clerk at [email protected], by 5:00 p.m. on September 27, 2022. In the subject line of the email, please state your name and the item number you are commenting on.

Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. If you wish to submit a public comment on more than one agenda item, please send a separate email for each item you are commenting on. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council in advance to allow time for the Council Members to read them.

Announcement of Electronic Public Comments: During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all email comments received by 5:00 p.m. on September 27, 2022. Email comments will NOT be read by the City Clerk during the meeting. Electronic public comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. The email comments, including your name, will become part of the record of the City Council meeting and will be public information.

City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
2 CLOSED SESSION - CONVENING AT 6:00 PM

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

ROLL CALL OF CITY COUNCIL MEMBERS

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
The City Council will convene into Closed Session, in the City Council Conference Room, City Hall, Laguna Hills Civic Center, to consider the following matter(s):

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to California Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (1 potential case).

PUBLIC COMMENT ON CLOSED SESSION ITEM(S)

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR CITY COUNCIL CHAMBER

CONVENE INTO CLOSED SESSION
The City Council will convene into Closed Session to consider the matter(s) listed above.

RECONVENE TO CITY COUNCIL CHAMBER
RECESS
City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
3 CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
4 GENERAL BUSINESS - CONVENING AT 7:00 PM

INVOCATION: Council Member Caskey
PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Heft

ROLL CALL OF CITY COUNCIL MEMBERS

CLOSED SESSION REPORT

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison
Recommendation: That the City Council receive an oral report from Laguna Hills High School 2022 Fall Student Liaison Ella Carnahan.

1.2 Recognition of Dan Meehan
Recommendation: That the City Council recognize Dan Meehan for 23 years of service to the City and that Mayor Wheeler present a City Tile and a Certificate of Recognition to Mr. Meehan.

1.3 Presentation by Mercy House on Homeless Outreach
Recommendation: That the City Council receive an update from Timothy Huynh on Mercy House’s homeless outreach efforts in the City of Laguna Hills.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Recommendation: That the Interim City Clerk announce the upcoming meetings and events.

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

City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
5 4. CONSENT CALENDAR
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.

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

4.2 Approval of Minutes for September 13, 2022, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the September 13, 2022, Regular Meeting.

4.3 Ratification of September 27, 2022, Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from September 2, 2022, to September 15, 2022, in the amount of $754,504.18.

4.4 Response to the 2021-2022 Orange County Grand Jury Report Entitled "Where Have All the CRVs Gone?"
Recommendation: That the City Council authorize the Mayor to sign the letter of response to the 2021-2022 Orange County Grand Jury Report entitled "Where Have All the CRVs Gone?".

4.5 Proposed Amendment No. 3 to the Consulting Services Agreement with Eco/Nomics, Inc., for Continued Solid Waste and Recycling Consulting Services
Recommendation: That the City Council: 1) Waive formal competitive bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.150 pursuant to the exceptions set forth in LHMC Sections 3-08.110(I) and (J), for approval of the proposed Amendment No. 3 to the Consulting Services Agreement for Solid Waste and Recycling Consulting Services with Eco/Nomics, Inc.; 2) Approve proposed Amendment No. 3 to the Consulting Services Agreement with Eco/Nomics, Inc., increasing the maximum contract City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
6 amount by $150,000 from $578,000 to $728,000; and 3) Authorize the Mayor or the Mayor Pro Tempore to sign the proposed Amendment No. 3.

4.6 Cooperative Agreement No. C-2-2632 Between the Orange County Transportation Authority and the Cities of Irvine, Laguna Hills and Lake Forest for the Bake Parkway and Rockfield Boulevard Regional Traffic Signal Synchronization Program Project
Recommendation: That the City Council approve Cooperative Agreement No. C-2-2632 with the Orange County Transportation Authority for the Bake Parkway and Rockfield Boulevard Regional Traffic Signal Synchronization Program Project and authorize the Mayor or Mayor Pro Tempore to sign the Agreement.

4.7 Cooperative Agreement No. C-2-2634 Between the Orange County Transportation Authority and the Cities of Dana Point, Laguna Hills and Laguna Niguel for the Moulton Parkway Regional Traffic Signal Synchronization Program Project
Recommendation: That the City Council approve Cooperative Agreement No. C-2-2634 with the Orange County Transportation Authority for the Moulton Parkway Regional Traffic Signal Synchronization Program Project and authorize the Mayor or Mayor Pro Tempore to sign the Agreement.

4.8 Progress Payment No. 1, Final, for Turf Renovation, CIP No. 238-C, Phase II
Recommendation: That the City Council approve Progress Payment No. 1, Final, in the net amount of $102,799.50, and Contract Change Order No. 1, to CSA Holdings, Inc., dba Sports Fields Services, for Turf Renovation, CIP No. 238-C, Phase II, and authorize the filing of the Notice of Completion for Phase II and subsequent Release of Retention in 35 days, if no liens have been filed.

4.9 Progress Payment No. 1, Final, for Water Quality Improvement Phase X, CIP 412-J
Recommendation: That the City Council approve Progress Payment No. 1, Final, in the net amount of $237,476.25, to G2 Construction, Inc., for Water Quality Improvement Catch Basin Debris Gate Project Phase X, CIP 412-J, and authorize the filing of the Notice of Completion and subsequent release of retention in 35 days, if no liens have been filed.

City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
7 4.10 Rejection of Bid Proposals for Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505A
Recommendation: That the City Council reject all Bid Proposals for Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505-A and direct staff to reissue the Notice Inviting Bids and Specifications.

4.11 Second Reading & Adoption of Proposed Ordinance Adding Chapter 6-44 to Tile 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City
Recommendation: That the City Council: 1) Adopt an Ordinance entitled: “An Ordinance of the City Council of the City of Laguna Hills, California, Adding Chapter 6-44 to Tile 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City”; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

ITEMS REMOVED FROM THE CONSENT CALENDAR

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

6. CITY COUNCIL PUBLIC HEARINGS

7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.2. Finance Director

7.2.1 Financial Update and Mid-Cycle 2021-2023 Biennial Budget Review
Recommendation: That the City Council receive and file the financial update for the fiscal year ended June 30, 2022 and provide direction to staff on proposed amendments to the fiscal year 2022/2023 adopted budget.

City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
8 7.3. Community Development Director

7.3.1 Short-Term Rentals
Recommendation: That the City Council direct staff regarding regulatory options for short-term rentals.

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

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

1. League of California Cities (Council Member Pezold)
September 7-9, 2022, Annual Conference and Expo

2. OC Mosquito & Vector Control District Board of Trustees (Council Member Pezold)
September 15, 2022 meeting.

3. Association of California Cities - Orange County Legislative and Regulatory Commission (Mayor Wheeler)
September 22, 2022 meeting.

4. Orange County Mayors (Mayor Wheeler)
biweekly meeting.

10. CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
The next Regular Meeting of the City Council/Planning Agency will be October 11, 2022, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

City of Laguna Hills City Council/Planning Agency Tuesday, September 27, 2022 Regular Meeting Agenda
9 CERTIFICATION
I, JENNIFER LEE, Interim City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by September 23, 2022, at 5:00 p.m.

September 22, 2022
Jennifer Lee, Interim City Clerk Date
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (949) 707-2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

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

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

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Recognition of Dan Meehan
RECOMMENDATION: That the City Council recognize Dan Meehan for 23 years of service to the City and that Mayor Wheeler present a City Tile and a Certificate of Recognition to Mr. Meehan.

SUMMARY:

Dan Meehan, was first hired by the City as a part-time Community Services Leader for the Parks and Recreation Department on November 8, 1999, and was promoted to fulltime Community Services Coordinator in 2001. Over the years, Dan has also served the City as Community Services Supervisor, Community Services Program Supervisor and was promoted to Community Services Superintendent in March of 2008.

After almost 23 years of service to the City of Laguna Hills, and numerous accomplishments on behalf of the City, Mr. Meehan has decided to leave the City effective October 3, 2022. A Certificate of Recognition has been prepared officially recognizing Dan Meehan for his service to the City.

ATTACHMENTS:
• Certificate of Recognition - Dan Meehan

1.2 Packet Pg. 10

1.2.a
Packet Pg. 11
Attachment: Certificate of Recognition - Dan Meehan (2975 : Recognition of Dan Meehan) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Presentation by Mercy House on Homeless Outreach RECOMMENDATION: That the City Council receive an update from Timothy Huynh on Mercy House’s homeless outreach efforts in the City of Laguna Hills.

SUMMARY:

The City of Laguna Hills contracts with Mercy House Living Centers (Mercy House) to provide the City with homelessness outreach services. Timothy Huynh, Chief Program Officer, of Mercy House will present an oral report to the City Council with an update on homelessness outreach work efforts in the City. Mercy House’s latest monthly status report is attached for reference.

ATTACHMENTS:
• August 2022 -Laguna Hills Street Outreach Monthly Report

1.3 Packet Pg. 12

SOUTH COUNTY

STREET OUTREACH

PROGRAM
Report Contact:

Timothy Huynh, Chief Program Officer
EM: [email protected]
PH: (714) 836-7188 x132
AUGUST 2022

MONTHLY REPORT

1.3.a
Packet Pg. 13
Attachment: August 2022 -Laguna Hills Street Outreach Monthly Report (2973 : Mercy House Presentation) 2 People have exited the streets to
permanent housing
8 People have exited the streets to
temporary housing, emergency
shelter or institutional care

PROGRAM

HIGHLIGHTS
July 1, 2022- August 31,2022
SOUTH COUNTY STREET OUTREACH MONTHLY REPORT - AUGUST 2022 165

CLIENTS SERVED TO DATE
22 NEW CLIENTS SERVED

DURING THE MONTH
155

SERVICES PROVIDED

TO DATE
673

HOURS OF ENGAGEMENT

PROVIDED DURING THE MONTH
136

CLIENTS ACTIVE IN THE

PROGRAM
34 RESOURCES, REFERRALS, AND

LINKAGES PROVIDED TO DATE
Regional approach to street outreach in South Orange County.

Our outreach services include engagement, completing housing assessments to enter CES, connecting individuals to the system of care including physical and mental health services, drug and alcohol rehabilitation, housing and other social services such and General Relief, CALFresh, Medi-Cal, and addressing other conditions that may exist.

Outreach
Programs are the
first stepping
stones for clients
living on the
streets to engage
in help to end
their
homelessness.

1.3.a
Packet Pg. 14
Attachment: August 2022 -Laguna Hills Street Outreach Monthly Report (2973 : Mercy House Presentation) Chronically Homeless 52.1%
Non-Chronically Homeless 47.9%
Male
63%
Female
37%
62+

13.9%
25-61

83.6%
18-24

2.4%
Disabling Condition

83.6%
No Disabling Condition

16.4%
D
E
M
O
G
RA
P
H
I
C
S
July 1, 2022- August 31,2022
SOUTH COUNTY STREET OUTREACH MONTHLY REPORT- AUGUST 2022 1.3.a Packet Pg. 15
Attachment: August 2022 -Laguna Hills Street Outreach Monthly Report (2973 : Mercy House Presentation) 0 People have exited the streets to
permanent housing
1 People have exited the streets to
temporary housing, emergency
shelter or insitituional care

CITY OF LAGUNA HILLS

STREET OUTREACH

PROGRAM
July 1, 2022- August 31,2022
CITY OF LAGUNA HILLS STREET OUTREACH MONTHLY REPORT -AUGUST 2022 17 CLIENTS SERVED TO DATE
8 NEW CLIENTS SERVED

DURING THE MONTH
27 SERVICES PROVIDED

TO DATE
90 HOURS OF ENGAGEMENT

PROVIDED DURING THE MONTH
8 RESOURCES, REFERRALS, AND

LINKAGES PROVIDED TO DATE
15 CLIENTS ACTIVE IN THE PROGRAM
During the month of August, Mercy House’s Street Outreach team began working with a new client referred by the City of Laguna Hills. He became homeless after a tragic personal event in his life. Mercy House’s team was able to connect him to emergency shelter in the City of Santa Ana as he had ties to the city to qualify him for placement. Shortly after entering the shelter, he was able to get a job, leading him to a higher position than he had before he became homeless. Through Mercy House’s connection to Vineyard Church he was able to obtain clothing for his new job as well as other items he needed. He is able to go once a month to continue to
receive hygiene and clothing items. Mercy House was also able to provide him with a 30-day bus pass so he could get to and from work from the shelter every day. He is a great example of what can be achieved in a short amount of time with hard work, perseverance and support from Street
Outreach workers.

1.3.a
Packet Pg. 16
Attachment: August 2022 -Laguna Hills Street Outreach Monthly Report (2973 : Mercy House Presentation) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Jennifer Lee
Interim City Clerk
ISSUE: Schedule of Future Events
RECOMMENDATION: That the Interim City Clerk announce the upcoming meetings and events.

SUMMARY:

Association of California Cities – Orange County Leadership Conference Friday, September 30, 2022, Waterfront Beach Resort, Huntington Beach 1 st Annual Heritage Day
Sunday, October 2, 2022, 12:00 p.m. – 6:00 p.m., Laguna Hills Community Center and Sports Complex
Parks & Recreation Commission Meeting
Wednesday, October 5, 2022, 7:00 p.m., Laguna Hills Civic Center Council Chamber Moulton Niguel Water District’s H2O for HOA’s
Tuesday, October 11, 2022, 8:00 a.m. – 12:00 p.m., Crown Valley Community Center Regular City Council Meeting
Tuesday, October 11, 2022, 7:00 p.m., Laguna Hills Civic Center Council Chamber Pacific Symphony’s Symphony on the Go!
Saturday, October 15, 2022, 4:00 p.m., Laguna Hills Community Center and Sports Complex
Regular City Council Meeting
Tuesday, October 25, 2022, 7:00 p.m., Laguna Hills Civic Center Council Chamber

2.1 Packet Pg. 17
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Jennifer Lee
Interim City Clerk
ISSUE: Approval of Minutes for September 13, 2022, Regular Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the September 13, 2022, Regular Meeting.

ATTACHMENTS:
• 220913 CC Minutes

4.2 Packet Pg. 18

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, September 13, 2022
CLOSED SESSION - CONVENING AT 6:00 PM

CALL TO ORDER
The meeting was called to order at 6:00 p.m. by Mayor Wheeler.

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

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to California Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (1 potential case).

PUBLIC COMMENT ON CLOSED SESSION ITEM(S)
There were no public comments on the closed session item.

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR CITY COUNCIL CHAMBER

CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session to consider the matter listed above.

RECONVENE TO CITY COUNCIL CHAMBER
RECESS

4.2.a
Packet Pg. 19
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
2 GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 7:02 p.m. by Mayor Wheeler.

INVOCATION: Council Member Sedgwick
PLEDGE OF ALLEGIANCE: Council Member Caskey

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

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison
The City Council received an oral report from Laguna Hills High School 2022 Fall Student Liaison Kia Arfania.

1.2 Fire Prevention Week, October 9, 2022, through October 15, 2022 The City Council issued a Proclamation declaring October 9, 2022, through October 15, 2022, as "Fire Prevention Week" and Mayor Wheeler presented the Proclamation.

1.3 Ten Year Anniversary Award
Mayor Wheeler and Deputy City Manager/Community Services Director Reynolds recognized Matthan Durham, Management Analyst, for Ten Years of Service to the City of Laguna Hills and presented a Certificate of Recognition to Mr. Durham.

4.2.a
Packet Pg. 20
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
3 2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Assistant City Clerk Lee announced the upcoming meetings and events.

3. PUBLIC COMMENTS
The following individuals addressed the City Council on non-agendized items, providing comments and requesting support regarding contract negotiations between the Orange County Fire Authority and the two employee associations, Orange County Professional Fire Association IAFF Local 3631 and Orange County Employees Association:

Sam Semingson, Treasurer, Orange County Professional Fire Association IAFF Local 3631.

Justin Dillon, Vice President, Orange County Professional Fire Association IAFF Local 3631.

Todd Baldridge, President, Orange County Professional Fire Association IAFF Local 3631.

Parshan Khosravi, City Council Candidate and Laguna Hills resident.

Shawn Fraley, OCEA negotiating member and Laguna Hills resident.

Rich Swanson, OCEA negotiating member.

Sami Soto, OCEA negotiating member.

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Mayor Wheeler removing Item No. 4.4 and Item No. 4.5.

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

4.2.a
Packet Pg. 21
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
4 4.2 Approval of Minutes for August 23, 2022, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the August 23, 2022, Regular Meeting.

4.3 Ratification of September 13, 2022, Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from August 12, 2022, to September 1, 2022, in the amount of $1,176,140.30.

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.4 City's Conflict of Interest Code Update
Mayor Wheeler removed Item No. 4.4 from the Consent Calendar to request additional information.

City Manager Hildenbrand responded to Council Member requests for additional information.

Recommendation: That the City Council adopt Resolution No. 2022-09-13-1: "A Resolution of the City Council of the City of Laguna Hills, California, adopting an updated Conflict of Interest Code and rescinding Resolution No. 2020-07-14-2".

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

4.5 Response to the 2021-2022 Orange County Grand Jury Report Entitled "How is Orange County Addressing Homelessness?"
Mayor Wheeler removed Item No. 4.5 from the Consent Calendar to request additional information.

City Manager Hildenbrand responded to Council Member requests for additional information.

Recommendation: That the City Council authorize the Mayor to sign the letter of response to the 2021-2022 Orange County Grand Jury Report entitled "How is Orange County Addressing Homelessness?".

4.2.a
Packet Pg. 22
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
5 RESULT: APPROVED [UNANIMOUS]
MOVER: Don Sedgwick, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Don Caskey, Council Member; Don Sedgwick, Council
Member
ABSENT: Erica Pezold, Council Member

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

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

7. ADMINISTRATIVE REPORTS

7.1. City Manager
City Manager Hildenbrand introduced the City’s Public Services Director/City Engineer, Joe Ames and Acting Chief of Police Services, Captain Rene De La Rosa.

7.2. Chief of Police Services

7.2.1 Introduction and First Reading of a Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City Acting Chief of Police Services Captain De La Rosa reviewed the information in the staff report and read the Ordinance title into the record.

City Attorney Simonian responded to Council Members requests for additional information.

Recommendation: That the City Council: 1) Receive and file the staff report and presentation; and 2) Introduce for first reading, read by title only, and waive further reading of an ordinance entitled: “An Ordinance of the City Council of the City of Laguna Hills, California, Adding Chapter 6-44 to Tile 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City."

4.2.a
Packet Pg. 23
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
6 RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Don Sedgwick, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Don Caskey, Council Member;
Don Sedgwick, Council Member
ABSENT: Erica Pezold, Council Member

7.2.2 Laguna Hills Police Services Public Safety Quarterly Report Acting Chief of Police Services Captain De La Rosa reviewed the information in the staff report and responded to Council Members requests for additional information.

Recommendation: That the City Council receive and file the Laguna Hills Police Services Public Safety Quarterly Report for the Second Quarter 2022.

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

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1. Council Member Sedgwick

8.1.1 Bicycle, E-Bicycle, and Motorized Mobility Devices Council Member Sedgwick provided an oral report on the item and responded to Council Member requests for additional information.

Recommendation: Council Member Sedgwick recommends that the City Council direct the Traffic Commission and staff to research safety concerns over bicycles, e-bicycles, and motorized mobility devices and provide a report to the City Council.

4.2.a
Packet Pg. 24
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
7 RESULT: APPROVED [UNANIMOUS]
MOVER: Don Sedgwick, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Don Caskey, Council Member; Don
Sedgwick, Council Member
ABSENT: Erica Pezold, Council Member

8.2. Mayor Pro Tempore Heft

8.2.1 Massage Establishments
Mayor Pro Tempore Heft provided an oral report on the item and responded to Council Member requests for additional information.

City Attorney Simonian responded to Council Members requests for additional information.

Recommendation: Mayor Pro Tempore Heft recommends that the City Council discuss human trafficking concerns regarding massage establishments.

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

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

1. Association of California Cities - Orange County Legislative and Regulatory Commission
(Mayor Wheeler) August 25, 2022 meeting
Mayor Wheeler provided an oral report.

2. California Mayor's Coalition
(Mayor Wheeler) September 2, 2022 meeting.

Mayor Wheeler provided no report.

3. Orange County Mayors
(Mayor Wheeler)
Mayor Wheeler provided no report.

4.2.a
Packet Pg. 25
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, September 13, 2022 Regular Meeting Minutes
8 10. CITY COUNCIL MEMBER COMMENTS
Council Member Caskey
Council Member Caskey shared a status update on The Village at Laguna Hills project he received from David Geiser, Managing Director, Merlone Geier Partners.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 8:30 p.m.

Jennifer Lee, Interim City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of September 27, 2022

4.2.a
Packet Pg. 26
Attachment: 220913 CC Minutes (2964 : Approval of Minutes for September 13, 2022 Regular Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Janice Reyes
Finance Director
ISSUE: Ratification of September 27, 2022, Warrant Register RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from September 2, 2022, to September 15, 2022, in the amount of $754,504.18.

SUMMARY:

The City issues accounts payable disbursements on a regular basis and presents it to City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from September 2, 2022, to September 15, 2022, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Director of Finance certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

ATTACHMENTS:
• Warrant Register - September 27, 2022
• Payables Detail Report - September 27, 2022

4.3 Packet Pg. 27
Payment Amount
780.00
8,138.00
690.00
180.00

66.24 59,365.13
214.25
125.00
10,000.00
19,326.41

73.20 300.00
690.00
10,656.22
185.52
910.61
601.96
1,950.00
30,953.68
285.86
151.74
8,500.00
100.00
11,519.39
108.30
139.24
100.00
12,364.36

32.00 517.47
293.94
685.50
142.27
1,060.68
11,000.00
10,296.00
10,859.64
2,750.00
198.12
2,070.00
538.00
895.41
11,814.16
1,188.00
7,797.00

90.00 225.71
380.01

85.12 104.90
120.00
7,500.00
157.30
9/19/2022 6:07:57 PM Page 1 of 4
1068 S-1957 SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT 09/15/2022 1069 S-2298 SO CAL-RIDES, LLC 09/15/2022
1070 S-2250 SPARKLETTS 09/15/2022
1065 O-1546 OFFICE SOLUTIONS 09/15/2022
1066 P-1832 PRINTEX PRINTING AND GRAPHICS INC. 09/15/2022 1067 R-1830 RALPHS GROCERY COMPANY 09/15/2022
1062 L-1362 LAGUNA HILLS TEAM DARK HORSE 09/15/2022
1063 L-1382 LOYA, RICKY 09/15/2022
1064 M-1388 MOBILE MINI, INC. 09/15/2022
1059 C-0023 COX COMMUNICATION 09/15/2022
1060 E-0554 ECONOMICS, INC. 09/15/2022
1061 C-1190 FINGERPRINT ID (AFIS) LAW ENF. - COUNTY OF ORANGE 09/15/2022 1056 B-0437 BRINKS, INCORPORATED 09/15/2022
1057 B-0440 BUCKNAM INFRASTRUCTURE GROUP, INC. 09/15/2022 1058 C-1133 CALIFORNIA YELLOW CAB 09/15/2022
1053 C-1144 CHARLES ABBOTT ASSOCIATES, INC 09/08/2022
1054 A-0138 ALL CITY MANAGEMENT, INC. 09/15/2022
1055 A-0371 AVENU MUNISERVICES, LLC 09/15/2022
1050 U-2165 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 09/08/2022 1051 V-2224 VERIZON WIRELESS 09/08/2022
1052 W-2448 WEST GATE CONTRACTOR 09/08/2022
1047 T-2002 TAB PRODUCTS COMPANY 09/08/2022
1048 W-2302 THOMSON REUTERS - WEST 09/08/2022
1049 T-2698 TPX COMMUNICATIONS 09/08/2022
1044 Z-CS-0393 SOLTANI, MARITA 09/08/2022
1045 S-1904 SOUTHERN CALIFORNIA EDISON 09/08/2022
1046 S-1980 STATE DEPARTMENT OF JUSTICE ACCOUNTING OFFICE 09/08/2022 1041 S-1902 SAN DIEGO GAS & ELECTRIC 09/08/2022
1042 S-2296 SHUTE, MIHALY WEINBERGER LLP 09/08/2022
1043 S-1949 SMART & FINAL 09/08/2022
1038 Z-CD-0081 REPIPE 1 09/08/2022
1039 R-1946 RK ENGINEERING GROUP, INC. 09/08/2022
1040 Z-CD-0388 ROVICS CONSTRUCTION 09/08/2022
1035 Z-CD-0387 MCDONNELL ROOFING INC 09/08/2022
1036 M-1302 MOULTON NIGUEL WATER DISTRICT 09/08/2022
1037 P-1695 PRESENTA PLAQUE, INC. 09/08/2022
1032 J-1071 JCTEES.COM CORPORATION 09/08/2022
1033 Z-CD-0379 LARA, JEREMY 09/08/2022
1034 L-1381 LEE, JENNIFER 09/08/2022
1029 G-0866 GLADWELL GOVERNMENTAL SERVICES, INC. 09/08/2022 1030 Z-CD-0384 GREATER PACIFIC ROOFING 09/08/2022
1031 H-0804 HINDERLITER, DE LLAMAS & ASSOC., INC. 09/08/2022 1026 E-0606 EIDE BAILLY LLP 09/08/2022
1027 E-0504 EL TORO WATER DISTRICT 09/08/2022
1028 F-0604 FEDERAL EXPRESS CORPORATION 09/08/2022
1023 C-1144 CHARLES ABBOTT ASSOCIATES, INC 09/08/2022
1024 C-0023 COX COMMUNICATION 09/08/2022
1025 D-0561 DOCU-TRUST 09/08/2022
1020 Z-CD-0385 AGUILAR, MARTIN 09/08/2022
1021 B-0304 BEE MAN, THE 09/08/2022
1022 C-1179 CANON SOLUTIONS AMERICA 09/08/2022
Payment Type: Regular
1018 Z-CD-0386 ACCURATE ROOFING 09/08/2022
1019 Z-CD-0389 AGI GENERAL CONTRACTING 09/08/2022
Warrant Register - September 27, 2022
City of Laguna Hills, CA By Check Number
Date Range: 09/02/2022 - 09/15/2022
Check Number Vendor Number Vendor Name Payment Date

4.3.a
Packet Pg. 28
Attachment: Warrant Register - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Payment Amount
659.38
2,401.34
180.50
5,600.00
19,872.48
1,137.94
237,476.25
17,625.00
237.70
511.00
87,892.75
370.00
11,424.04
725.00
1,161.38
102,799.50
3,375.00
1,139.04
4,327.83
748,192.47
9/19/2022 6:07:57 PM Page 2 of 4
1089 S-1904 SOUTHERN CALIFORNIA EDISON 09/15/2022
Total Regular:
1086 S-2220 SPORTS FIELD SERVICES CSA HOLDINGS, INC. 09/15/2022 1087 L-1387 THE LUKES NETWORK LLC 09/15/2022
1088 W-2450 WEX BANK 09/15/2022
1083 R-1855 RICHARD FISHER ASSOCIATES 09/15/2022
1084 R-1977 RJ ELECTRIC 09/15/2022
1085 S-1904 SOUTHERN CALIFORNIA EDISON 09/15/2022
1080 J-1057 JAMEY CLARK, INC. 09/15/2022
1081 N-1474 NIEVES LANDSCAPE, INC. 09/15/2022
1082 R-1893 REYNOLDS, DAVID 09/15/2022
1077 G-0821 G2 CONSTRUCTION INC. 09/15/2022
1078 H-0960 HR GREEN PACIFIC, INC. 09/15/2022
1079 I-0942 IRVINE RANCH WATER DISTRICT 09/15/2022
1074 A-0359 ANDERSON PENNA PARTNERS, INC. 09/15/2022
1075 C-1122 CROSSTOWN ELECTRICAL & DATA, INC. 09/15/2022 1076 F-0720 FRIEDMAN IMAGING 09/15/2022
1071 S-2209 STUDIO TWO BLACK DIAMOND 09/15/2022
1072 C-1068 CITY OF ALISO VIEJO 09/15/2022
1073 S-2296 SHUTE, MIHALY WEINBERGER LLP 09/15/2022
Warrant Register - September 27, 2022 Date Range: 09/02/2022 - 09/15/2022 Check Number Vendor Number Vendor Name Payment Date

4.3.a
Packet Pg. 29
Attachment: Warrant Register - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Payment Amount
195.00
834.46
1,339.57
886.80
3,055.88
93 77 0.00 754,504.18
9/19/2022 6:07:57 PM Page 3 of 4
Bank Drafts 5 5 0.00 6,311.71
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Total Bank Draft: 6,311.71
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 88 72 0.00 748,192.47
DFT0002153 B-0276 BANK OF AMERICA VISA CARD 09/15/2022
DFT0002154 B-0276 BANK OF AMERICA VISA CARD 09/15/2022
DFT0002155 B-0276 BANK OF AMERICA VISA CARD 09/15/2022
Payment Type: Bank Draft
DFT0002151 B-0276 BANK OF AMERICA VISA CARD 09/15/2022
DFT0002152 B-0276 BANK OF AMERICA VISA CARD 09/15/2022
Warrant Register - September 27, 2022 Date Range: 09/02/2022 - 09/15/2022 Check Number Vendor Number Vendor Name Payment Date

4.3.a
Packet Pg. 30
Attachment: Warrant Register - September 27, 2022 (2967 : Warrant Register, September 27, 2022) 998 POOL 9/2022 754,504.18
754,504.18
9/19/2022 6:07:57 PM Page 4 of 4
93 78 0.00 754,504.18
Fund Summary
Fund Name Period Amount
Bank Drafts 5 5 0.00 6,311.71
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 88 72 0.00 748,192.47
Warrant Register - September 27, 2022 Date Range: 09/02/2022 - 09/15/2022

4.3.a
Packet Pg. 31
Attachment: Warrant Register - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Amount
Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 09/02/2022 - 09/15/2022
Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 100 - GENERAL FUND
09/08/2022 DOCU-TRUST 047345 Offsite Data Storage, Aug '22 100-155-700030 125.00 09/08/2022 MOULTON NIGUEL WATER DISTRICT 082522a Water Usage, Public Services, Aug 100-355-635000 30,953.68 09/08/2022 COX COMMUNICATION 082822 WiFi, Community Center, Aug '22 100-195-630000 214.25 09/08/2022 SOUTHERN CALIFORNIA EDISON 090122 - Acct #70023450 Street Lights, Traffic Control, Jul & Aug '22
100-355-631000 850.64
09/08/2022 SOUTHERN CALIFORNIA EDISON 090122 - Acct #70023450 Street Lights, Traffic Control, Jul & Aug '22
100-356-631400 11,494.70
09/08/2022 SOUTHERN CALIFORNIA EDISON 090122 - Acct #70069730 Street Lights, Traffic Control, Aug '22 100-355-631000 19.02 09/08/2022 SAN DIEGO GAS & ELECTRIC 090222 Street Lights, Traffic Control, Aug '22 100-356-631400 11,519.39 09/08/2022 LEE, JENNIFER 090722 Reimbursement for Notary Renewal, Sep '22
100-155-611000 601.96
09/08/2022 EL TORO WATER DISTRICT 090722 Water Usage, Public Services, Jul '22 100-355-635000 19,326.41 09/08/2022 BEE MAN, THE 119696 Bee Removal, Public Services, Aug 100-355-720701 180.00 09/08/2022 TPX COMMUNICATIONS 160615384-0 Communications Expense, Sep '22 100-195-630000 685.50 09/08/2022 RK ENGINEERING GROUP, INC. 2207009 Engineering Services, USE-0105- 2022, Jul '22
100-000-223000 3,000.00
09/08/2022 RK ENGINEERING GROUP, INC. 2207009 Engineering Services, USE-0105- 2022, Jul '22
100-000-452000 (3,000.00)
09/08/2022 RK ENGINEERING GROUP, INC. 2207009 Engineering Services, USE-0105- 2022, Jul '22
100-225-700201 3,000.00
09/08/2022 RK ENGINEERING GROUP, INC. 2207010 Engineering Services, USE-0105- 2022, Jul '22
100-000-223000 5,500.00
09/08/2022 RK ENGINEERING GROUP, INC. 2207010 Engineering Services, USE-0105- 2022, Jul '22
100-000-452000 (5,500.00)
09/08/2022 RK ENGINEERING GROUP, INC. 2207010 Engineering Services, USE-0105- 2022, Jul '22
100-225-700201 5,500.00
09/08/2022 PRESENTA PLAQUE, INC. 27692 Office Supplies, Aug '22 100-155-620000 285.86 09/08/2022 SHUTE, MIHALY WEINBERGER LLP 278030 Professional Services, Legal, Jul '22 100-155-700011 108.30 09/08/2022 SMART & FINAL 3831400016405 Office & Operating Supplies, Aug '22 100-155-622000 49.83 09/08/2022 SMART & FINAL 3831400016405 Office & Operating Supplies, Aug '22 100-195-620000 55.99 09/08/2022 SMART & FINAL 3831400016405 Office & Operating Supplies, Aug '22 100-195-622000 33.42 09/08/2022 WEST GATE CONTRACTOR 40 Graffiti Removal, Public Services, Aug '22
100-355-720500 11,000.00
09/08/2022 GLADWELL GOVERNMENTAL
SERVICES, INC.
4903 Professional Services, 2022 Election 100-155-700030 300.00 09/08/2022 STATE DEPARTMENT OF JUSTICE

ACCOUNTING OFFICE
596778 Pre-employment Fingerprinting, Aug
'22
100-195-617000 32.00
09/08/2022 CANON SOLUTIONS AMERICA 6001659767 Copier Usage, Community Services, Aug '22
100-195-641200 66.24
09/08/2022 CHARLES ABBOTT ASSOCIATES, INC 64493 Contract Staffing Services, Jun '22 100-225-720512 10,296.00 09/08/2022 CHARLES ABBOTT ASSOCIATES, INC 64494 Contract Staffing Services, Jul '22 100-225-720512 7,491.00 09/08/2022 CHARLES ABBOTT ASSOCIATES, INC 64646-A PARKS BILLING Parks Contract Repair, Aug '22 100-355-720701 4,582.04 09/08/2022 FEDERAL EXPRESS CORPORATION 7-864-17853 Delivery Services, Aug '22 100-155-625000 39.96 09/08/2022 FEDERAL EXPRESS CORPORATION 7-870-76545 Delivery Services, Sep '22 100-195-625000 33.24 09/08/2022 JCTEES.COM CORPORATION 8296 Rooted Campaign Event, Sep '22 100-310-695500 185.52 09/08/2022 THOMSON REUTERS - WEST 846934466 Subscription, City Clerk, Sep '22 100-155-626000 293.94 09/08/2022 VERIZON WIRELESS 9914348068 Communication Expense, Aug '22 100-195-630000 1,060.68 09/08/2022 REPIPE 1 CD-0866-PLMR-0782-202 Refund, Permit Fees, REC-006265- 2021
100-000-221011 1.00
09/08/2022 REPIPE 1 CD-0866-PLMR-0782-202 Refund, Permit Fees, REC-006265- 2021
100-000-221012 4.00
09/08/2022 REPIPE 1 CD-0866-PLMR-0782-202 Refund, Permit Fees, REC-006265- 2021
100-000-442000 146.74
09/08/2022 LARA, JEREMY CD-0870-BLDR-1225-202 Refund, Permit Fees, REC-007481- 2022
100-000-221011 1.00
9/19/2022 6:14:34 PM Page 1 of 6

4.3.b
Packet Pg. 32
Attachment: Payables Detail Report - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Amount
Payables Detail Report Payment Dates: 09/02/2022 - 09/15/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number 09/08/2022 LARA, JEREMY CD-0870-BLDR-1225-202 Refund, Permit Fees, REC-007481- 2022
100-000-221012 4.00
09/08/2022 LARA, JEREMY CD-0870-BLDR-1225-202 Refund, Permit Fees, REC-007481- 2022
100-000-227001 736.20
09/08/2022 LARA, JEREMY CD-0870-BLDR-1225-202 Refund, Permit Fees, REC-007481- 2022
100-000-442000 169.41
09/08/2022 GREATER PACIFIC ROOFING CD-0887-BLDR-1201-202 Refund, C&D Deposit, REC-007332- 2022
100-000-227001 690.00
09/08/2022 AGUILAR, MARTIN CD-0888-BLDR-1359-202 Refund, C&D Deposit, REC-008320- 2022
100-000-227001 690.00
09/08/2022 ACCURATE ROOFING CD-0889-BLDR-1311-202 Refund, C&D Deposit, REC-008030- 2022
100-000-227001 780.00
09/08/2022 MCDONNELL ROOFING INC CD-0890-BLDR-1308-202 Refund, C&D Deposit, REC-008011- 2022
100-000-227001 1,950.00
09/08/2022 ROVICS CONSTRUCTION CD-0891-BLDR-1168-202 Refund, C&D Deposit, REC-008608- 2022
100-000-227001 100.00
09/08/2022 AGI GENERAL CONTRACTING CD-0892-BLDC-0144-202 Refund, C&D Deposit, REC-006579- 2022
100-000-227001 4,069.00
09/08/2022 AGI GENERAL CONTRACTING CD-0893-DEMO-0025-20 Refund, C&D Deposit, REC-005745- 2021
100-000-227001 4,069.00
09/08/2022 EIDE BAILLY LLP EI01367853 Partial Audit Fees, YE 6/30/22 100-155-700051 10,000.00 09/08/2022 SOLTANI, MARITA FRF-0014 Refund, Facility Rental, R #1035054.002
100-000-451100 100.00
09/08/2022 TAB PRODUCTS COMPANY INV000023042 Office Supplies, General Government, Aug '22
100-155-620000 517.47
09/08/2022 HINDERLITER, DE LLAMAS & ASSOC.,
INC.

SIN020629 Sales Tax 3rd Qtr, Audit Sales 1st Qtr 100-155-700052 10,656.22 09/15/2022 SOUTHERN CALIFORNIA EDISON 063022c - Acct #7001624 Street Lights, Traffic Control, Jun '22 100-356-631900 4,327.83 09/15/2022 THE LUKES NETWORK LLC 072 Heritage Day Program, 2022 100-310-695531 3,375.00 09/15/2022 RALPHS GROCERY COMPANY 0722132409_22857406 Program Expense, Comm Svcs, Aug 100-310-622005 32.46 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMDEV Departmental Expenditure, Aug '22 100-225-610000 789.99 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMDEV Departmental Expenditure, Aug '22 100-225-623000 96.81 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMSVCS Departmental Expenditure, Aug '22 100-000-120000 (130.06) 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMSVCS Departmental Expenditure, Aug '22 100-195-720050 68.90 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMSVCS Departmental Expenditure, Aug '22 100-310-610000 70.00 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMSVCS Departmental Expenditure, Aug '22 100-310-695501 341.63 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMSVCS Departmental Expenditure, Aug '22 100-310-695502 9.99 09/15/2022 BANK OF AMERICA VISA CARD 082022 COMSVCS Departmental Expenditure, Aug '22 100-310-695530 474.00 09/15/2022 BANK OF AMERICA VISA CARD 082022 GENGOV1 Departmental Expenditure, Aug '22 100-155-612002 195.00 09/15/2022 BANK OF AMERICA VISA CARD 082022 POLSVCS Departmental Expenditure, Aug '22 100-420-611000 550.00 09/15/2022 BANK OF AMERICA VISA CARD 082022 POLSVCS Departmental Expenditure, Aug '22 100-420-622000 141.67 09/15/2022 BANK OF AMERICA VISA CARD 082022 POLSVCS Departmental Expenditure, Aug '22 100-420-695000 2,364.21 09/15/2022 BANK OF AMERICA VISA CARD 082022 PUBWKS Departmental Expenditure, Aug '22 100-355-611000 55.00 09/15/2022 BANK OF AMERICA VISA CARD 082022 PUBWKS Departmental Expenditure, Aug '22 100-355-622000 183.00 09/15/2022 BANK OF AMERICA VISA CARD 082022 PUBWKS Departmental Expenditure, Aug '22 100-355-720701 189.61 09/15/2022 BANK OF AMERICA VISA CARD 082022 PUBWKS Departmental Expenditure, Aug '22 100-356-646100 911.96 09/15/2022 RALPHS GROCERY COMPANY 0822132642_22879135 Program Expense, Comm Svcs, Aug 100-310-622005 72.44 09/15/2022 SOUTHERN CALIFORNIA EDISON 090122 - Acct #70016247 Street Lights, Traffic Control, Jul & Aug '22
100-356-631400 1,161.38
09/15/2022 IRVINE RANCH WATER DISTRICT 090222 Water Usage, Public Services, Aug 100-355-635000 237.70 09/15/2022 COX COMMUNICATION 090522 T-1 Line, Sep '22 100-195-630000 895.41 09/15/2022 LAGUNA HILLS TEAM DARK HORSE 091522 Community Assistance, 3/5 100-000-451600 7,797.00 09/15/2022 REYNOLDS, DAVID 091522 Travel Reimbursement, Cal Cities, Sep '22
100-155-612000 370.00
09/15/2022 LOYA, RICKY 091522 Umpire Fees, Community Services, Sep '22
100-310-622502 90.00
09/15/2022 SO CAL-RIDES, LLC 091522 Heritage Day, Sep '22 100-310-695531 7,500.00 09/15/2022 BRINKS, INCORPORATED 12046677 Courier Fee, Armored Transport, Sep '22
100-155-625000 198.12
09/15/2022 ANDERSON PENNA PARTNERS, INC. 128210 Inspection Services, Aug '22 100-356-700255 5,600.00 09/15/2022 HR GREEN PACIFIC, INC. 155426 Public Works Permit Inspections, Jul - Aug '22
100-356-700250 17,625.00
09/15/2022 FRIEDMAN IMAGING 2022027 Document Imaging Svcs, Sep '22 100-155-700030 1,137.94 9/19/2022 6:14:34 PM Page 2 of 6

4.3.b
Packet Pg. 33
Attachment: Payables Detail Report - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Amount
Payables Detail Report Payment Dates: 09/02/2022 - 09/15/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number 09/15/2022 CITY OF ALISO VIEJO 2022-1340 Cost Share, Dairy Fork CIP 410 100-600-790600 2,401.34 09/15/2022 SPORTS FIELD SERVICES CSA
HOLDINGS, INC.
212099 Professional Services, CIP #238-C 100-000-201001 (5,410.50) 09/15/2022 SPORTS FIELD SERVICES CSA
HOLDINGS, INC.
212099 Professional Services, CIP #238-C 100-600-790600 108,210.00 09/15/2022 G2 CONSTRUCTION INC. 220907-N Progress Payment #1, CIP #412-J 100-000-201001 (12,498.75) 09/15/2022 G2 CONSTRUCTION INC. 220907-N Progress Payment #1, CIP #412-J 100-600-790600 249,975.00 09/15/2022 PRINTEX PRINTING AND GRAPHICS
INC.
23493 (2) Special Events, Rooted Campaign,
Sep '22
100-310-695500 85.12
09/15/2022 SHUTE, MIHALY WEINBERGER LLP 277671 Professional Services, Legal, Jun '22 100-155-700011 180.50 09/15/2022 BUCKNAM INFRASTRUCTURE
GROUP, INC.
361-01.29 Computer Consulting Services, Aug 100-195-700090 2,070.00 09/15/2022 SADDLEBACK VALLEY UNIFIED

SCHOOL DISTRICT
36112a Program Expense, 4th of July 100-310-695508 120.00 09/15/2022 CROSSTOWN ELECTRICAL & DATA, 4096 - 4171 Traffic Signal Maintenance, Aug '22 100-356-720420 19,872.48 09/15/2022 SPARKLETTS 4228482 090922 Operating Supplies, Sep '22 100-195-622000 157.30 09/15/2022 RICHARD FISHER ASSOCIATES 4509 Professional Services, CIP 237, Aug 100-600-790600 4,132.54 09/15/2022 RICHARD FISHER ASSOCIATES 4510 Park Improvement Needs Assessment, Aug '22
100-355-700041 7,291.50
09/15/2022 RJ ELECTRIC 61082 Parks Contract Repair, Sep '22 100-355-720701 725.00 09/15/2022 NIEVES LANDSCAPE, INC. 72644 Monthly and Misc Landscape, Aug 100-355-720700 87,636.69 09/15/2022 NIEVES LANDSCAPE, INC. 72930 Monthly and Misc Landscape, Sep 100-355-720700 256.06 09/15/2022 JAMEY CLARK, INC. 73325 Park Repairs, Public Services, Sep '22 100-355-720701 135.00 09/15/2022 JAMEY CLARK, INC. 73335 Graffiti Removal, Public Services, Aug '22
100-355-720500 376.00
09/15/2022 ALL CITY MANAGEMENT, INC. 79039 Crossing Guard Services, 8/7/22 - 8/20/22
100-420-720822 3,637.20
09/15/2022 ALL CITY MANAGEMENT, INC. 79397 Crossing Guard Services, 8/21/22 - 9/3/22
100-420-720822 7,222.44
09/15/2022 WEX BANK 83255343 POLSVCS Vehicle Fuel, Aug '22 100-420-646100 230.36 09/15/2022 WEX BANK 83255350 PUBWKS Vehicle Fuel, Aug '22 100-356-613100 518.01 09/15/2022 WEX BANK 83255350 PUBWKS Vehicle Fuel, Aug '22 100-356-646100 20.00 09/15/2022 WEX BANK 83255548 COMSVCS Vehicle Fuel, Aug '22 100-310-613100 121.57 09/15/2022 WEX BANK 83255896 COMDEV Vehicle Fuel, Aug '22 100-225-613100 249.10 09/15/2022 MOBILE MINI, INC. 9015088793 Storage Rental, Community Center, 8/31 - 9/27/22
100-310-641000 225.71
09/15/2022 STUDIO TWO BLACK DIAMOND 99136 Printing Services, Sep '22 100-195-623000 75.43 09/15/2022 STUDIO TWO BLACK DIAMOND 99143 Printing Services, Sep '22 100-195-623000 583.95 09/15/2022 OFFICE SOLUTIONS I-02041773 Office Supplies, Sep '22 100-195-620000 380.01 09/15/2022 AVENU MUNISERVICES, LLC INV06-014891 Professional Services, CAFR 100-155-626000 2,750.00 09/15/2022 FINGERPRINT ID (AFIS) LAW ENF. -

COUNTY OF ORANGE
SH 62922 Fingerprint ID System Charges, Sep 100-420-720835 1,188.00 Fund 100 - GENERAL FUND Total: 694,717.66
Fund: 212 - MEASURE M
09/08/2022 UNDERGROUND SERVICE ALERT OF

SOUTHERN CALIFORNIA
22-2300643 Street Maintenance, Aug '22 212-355-720400 37.77 09/08/2022 CHARLES ABBOTT ASSOCIATES, INC 64646 Road Maintenance, Aug '22 212-355-720400 47,292.09 09/08/2022 UNDERGROUND SERVICE ALERT OF

SOUTHERN CALIFORNIA
820220382 Street Maintenance, Aug '22 212-355-720400 104.50 Fund 212 - MEASURE M Total: 47,434.36
Fund: 221 - SENIOR MOBILITY PROGRAM
09/15/2022 CALIFORNIA YELLOW CAB 8406022 Senior Mobility Program, Aug '22 221-310-720000 538.00 Fund 221 - SENIOR MOBILITY PROGRAM Total: 538.00
Fund: 307 - C & D FORFEITED DEPOSITS
09/15/2022 ECONOMICS, INC. 2017-2018.62 Professional Services, Recycling Program, Aug '22
307-355-700000 11,814.16
Fund 307 - C & D FORFEITED DEPOSITS Total: 11,814.16
Fund: 600 - CAPITAL IMPROVEMENT PROJECT
09/15/2022 CITY OF ALISO VIEJO 2022-1340 Cost Share, Dairy Fork CIP 410 600-000-490100 (2,401.34) 09/15/2022 CITY OF ALISO VIEJO 2022-1340 Cost Share, Dairy Fork CIP 410 600-254-950410 2,401.34 9/19/2022 6:14:34 PM Page 3 of 6

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Attachment: Payables Detail Report - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Amount
Payables Detail Report Payment Dates: 09/02/2022 - 09/15/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number 09/15/2022 SPORTS FIELD SERVICES CSA
HOLDINGS, INC.
212099 Professional Services, CIP #238-C 600-000-490100 (108,210.00) 09/15/2022 SPORTS FIELD SERVICES CSA
HOLDINGS, INC.
212099 Professional Services, CIP #238-C 600-252-950238 108,210.00 09/15/2022 G2 CONSTRUCTION INC. 220907-N Progress Payment #1, CIP #412-J 600-000-490100 (249,975.00) 09/15/2022 G2 CONSTRUCTION INC. 220907-N Progress Payment #1, CIP #412-J 600-254-950412 249,975.00 09/15/2022 RICHARD FISHER ASSOCIATES 4509 Professional Services, CIP 237, Aug 600-000-490100 (4,132.54) 09/15/2022 RICHARD FISHER ASSOCIATES 4509 Professional Services, CIP 237, Aug 600-252-950237 4,132.54 Fund 600 - CAPITAL IMPROVEMENT PROJECT Total: -
Grand Total: 754,504.18
9/19/2022 6:14:34 PM Page 4 of 6

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Attachment: Payables Detail Report - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Payables Detail Report Payment Dates: 09/02/2022 - 09/15/2022 Report Summary
Fund Summary
Fund Expense Amount Payment Amount
100 - GENERAL FUND 694,717.66 694,717.66
212 - MEASURE M 47,434.36 47,434.36
221 - SENIOR MOBILITY PROGRAM 538.00 538.00
307 - C & D FORFEITED DEPOSITS 11,814.16 11,814.16
600 - CAPITAL IMPROVEMENT PROJECT - -
Grand Total: 754,504.18 754,504.18
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-000-120000 Accounts Receivable (130.06) (130.06)
100-000-201001 Accounts Payable - Retention (17,909.25) (17,909.25) 100-000-221011 Building Standards Fee 2.00 2.00
100-000-221012 SB1186 ADA CASp Fees 8.00 8.00
100-000-223000 Plan Application Deposit 8,500.00 8,500.00 100-000-227001 SecurityDeposit-WasteRecycling 13,084.20 13,084.20 100-000-442000 Building Related Permits 316.15 316.15
100-000-451100 Recreation Fees-Reservation 100.00 100.00 100-000-451600 RecreationFees-5K Registration 7,797.00 7,797.00 100-000-452000 Plan Check Fee - Fee Base (8,500.00) (8,500.00) 100-155-611000 Training and Education 601.96 601.96
100-155-612000 Travel, Conferences & Meetings 370.00 370.00 100-155-612002 Travel - ACC-OC 195.00 195.00
100-155-620000 Office Supplies 803.33 803.33
100-155-622000 Operating Supplies 49.83 49.83
100-155-625000 Postage & Delivery 238.08 238.08
100-155-626000 Subscriptions & Books 3,043.94 3,043.94
100-155-700011 Legal Services-Litigation 288.80 288.80
100-155-700030 Professional Svcs- City Clerk 1,562.94 1,562.94 100-155-700051 Professional Services - Annual 10,000.00 10,000.00 100-155-700052 Compliance Audit Services - Sales 10,656.22 10,656.22 100-195-617000 Recruitment 32.00 32.00
100-195-620000 Office Supplies 436.00 436.00
100-195-622000 Operating Supplies 190.72 190.72
100-195-623000 Printing 659.38 659.38
100-195-625000 Postage & Delivery 33.24 33.24
100-195-630000 Telephone & Communication 2,855.84 2,855.84 100-195-641200 Rent/Lease - Copier 66.24 66.24
100-195-700090 Computer Consulting Services 2,070.00 2,070.00 100-195-720050 Contract Serv-Software Support 68.90 68.90 100-225-610000 Memberships and Dues Expense 789.99 789.99 100-225-613100 Vehicle-Fuel 249.10 249.10
100-225-623000 Printing 96.81 96.81
100-225-700201 Plan Application 8,500.00 8,500.00
100-225-720512 Contract Staffing Services 17,787.00 17,787.00 100-310-610000 Memberships and Dues Expense 70.00 70.00 100-310-613100 Vehicle-Fuel 121.57 121.57
100-310-622005 Operating Supplies Comm Ctr 104.90 104.90 100-310-622502 Supplies-Adult Leagues 90.00 90.00
100-310-641000 Rent/Lease - Equipment 225.71 225.71
100-310-695500 Special Events-Program Service 270.64 270.64 100-310-695501 Day Camps & Build A Fort 341.63 341.63
100-310-695502 Special Needs Program 9.99 9.99
100-310-695508 July Fourth Celebration 120.00 120.00
100-310-695530 City Anniversary Program 474.00 474.00
100-310-695531 Heritage Day 10,875.00 10,875.00
100-355-611000 Training and Education 55.00 55.00
100-355-622000 Operating Supplies 183.00 183.00
9/19/2022 6:14:34 PM Page 5 of 6

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Attachment: Payables Detail Report - September 27, 2022 (2967 : Warrant Register, September 27, 2022) Payables Detail Report Payment Dates: 09/02/2022 - 09/15/2022 Account Summary
Account Number Account Name Expense Amount Payment Amount 100-355-631000 Utilities - Electric 869.66 869.66
100-355-635000 Utilities - Water 50,517.79 50,517.79
100-355-700041 Park Improvement Needs 7,291.50 7,291.50 100-355-720500 Graffiti Removal 11,376.00 11,376.00
100-355-720700 Landscape Maintenance Contract 87,892.75 87,892.75 100-355-720701 Parks Contract Repair 5,811.65 5,811.65
100-356-613100 MOE Vehicle Fuel 518.01 518.01
100-356-631400 MOE Electricity-Streetlights & 24,175.47 24,175.47 100-356-631900 MOE Electrcity On-bill Financing 4,327.83 4,327.83 100-356-646100 MOE Maintenance & Repairs 931.96 931.96
100-356-700250 MOE On-Call Engineer Services 17,625.00 17,625.00 100-356-700255 MOE Improvement Inspection 5,600.00 5,600.00 100-356-720420 MOE Traffic Signal Maintenance 19,872.48 19,872.48 100-420-611000 Training and Education 550.00 550.00
100-420-622000 Operating Supplies 141.67 141.67
100-420-646100 Maint & Repairs - Vehicles 230.36 230.36 100-420-695000 CommunityAsstnc/PublicRelation 2,364.21 2,364.21 100-420-720822 Crossing Guard Services 10,859.64 10,859.64 100-420-720835 Fingerprint Identification Svc 1,188.00 1,188.00 100-600-790600 Transfers Out - Capital Imprv 364,718.88 364,718.88 212-355-720400 Street Maintenance 47,434.36 47,434.36
221-310-720000 Contract Services 538.00 538.00
307-355-700000 Professional Services 11,814.16 11,814.16 600-000-490100 Transfer In- General Fund (364,718.88) (364,718.88) 600-252-950237 Parks Refurbishment Project 4,132.54 4,132.54 **None** 754,504.18 754,504.18
Grand Total: 754,504.18 754,504.18
9/19/2022 6:14:34 PM Page 6 of 6
600-252-950238 CommunityCtr&SportsFieldReno 108,210.00 108,210.00 600-254-950410 NPDES Permit & Fees 2,401.34 2,401.34
600-254-950412 Water Quality Improvements 249,975.00 249,975.00 Grand Total: 754,504.18 754,504.18
Project Account Summary
Project Account Key Expense Amount Payment Amount

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Attachment: Payables Detail Report - September 27, 2022 (2967 : Warrant Register, September 27, 2022) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: Response to the 2021-2022 Orange County Grand Jury Report Entitled "Where Have All the CRVs Gone?"
RECOMMENDATION: That the City Council authorize the Mayor to sign the letter of response to the 2021-2022 Orange County Grand Jury Report entitled "Where Have All the CRVs Gone?".

SUMMARY:

The 2021-2022 Orange County Grand Jury recently released a report regarding California Refund Value (CRV) fees and CRV redemption centers in Orange County. The report analyzed the number of CRV redemption centers in Orange County, including their utilization rates by resident customers and franchise waste haulers. Furthermore, the report analyzed the availability of grant funding opportunities related to CRVs, the use of CRV pilot programs, and the use of CRV programs by waste haulers in Orange County.

State law requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under control of the agency within ninety (90) days of the report’s release date. The Grand Jury has requested a response from the City of Laguna Hills for Findings F1, F2, and F3, and Recommendations R1, R2, R3, and R4 of its report entitled “Where Have All the CRVs Gone?”
Staff has prepared a proposed response to the Grand Jury and recommends that the

4.4 Packet Pg. 38
Response to the Orange County Grand Jury Report on CRVs September 27, 2022

Page 2 ends

City Council authorize the Mayor to sign the response and send it to the Presiding Judge of the Superior Court.

ATTACHMENTS:
• Grand Jury Report
• Response to Grand Jury Report

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Where Have All the CRVs Gone?
GRAND JURY 2021-2022

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Attachment: Grand Jury Report (2955 : Response to the Orange County Grand Jury Report on CRVs) Where Have All the CRVs Gone?
2021-2022 Orange County Grand Jury Page 2
Table of Contents
SUMMARY ................................................................................................................................... 3 BACKGROUND ........................................................................................................................... 3 REASON FOR THE STUDY ...................................................................................................... 4 METHOD OF STUDY ................................................................................................................. 5 INVESTIGATION AND ANALYSIS......................................................................................... 5 CRV Redemption...................................................................................................................... 5 Waste Haulers.......................................................................................................................... 9 Beverage Container Recycling Pilot Program...................................................................... 11 Additional Grant Opportunities............................................................................................. 12 Current State of Redemption Efforts in Orange County........................................................ 13 FINDINGS................................................................................................................................... 14 RECOMMENDATIONS............................................................................................................ 14 COMMENDATIONS ................................................................................................................. 15 RESPONSES ............................................................................................................................... 15 Responses Required ................................................................................................................ 16 Responses Requested............................................................................................................... 19 GLOSSARY................................................................................................................................. 20

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Attachment: Grand Jury Report (2955 : Response to the Orange County Grand Jury Report on CRVs) Where Have All the CRVs Gone?
2021-2022 Orange County Grand Jury Page 3

SUMMARY
Each year Californians pay over $1.4 billion in California Refund Value (CRV) fees to the State of California, yet only a portion of those funds are redeemed by the consumer. Since 2013, more than 1,000 redemption centers have closed throughout California leaving 1,265 redemption centers statewide and only 109 in Orange County.1 The quantity of convenient redemption centers is constantly changing. Where once the consumer need only return their cans and bottles to the grocery store to receive their money, today redemption could mean traveling many miles.

Due to the reduction of CRV redemption sites, waste haulers have become the default beneficiaries and are paid the CRV redemption for the containers collected at curbside. Millions of dollars in CRV fees still go unclaimed. Currently this amount is over $600 million, a portion of which belongs to Orange County residents.

This report will explore the lack of redemption sites and the innovative programs being piloted to return the CRV dollars to Orange County consumers. Based on the Orange County Grand Jury (OCGJ) investigation, we recommend all Orange County cities and the County of Orange assess the revenue stream from curbside pickup, processing, and sale of recyclable materials, and leverage this to benefit their residents when negotiating waste hauler contracts. They should also require waste hauler-funded additional redemption centers when negotiating contracts.

Additionally, the OCGJ recommends all cities and the County of Orange research and apply for available grants or pilot programs from Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle) that focus on returning CRV funds to their residents. Lastly, the OCGJ recommends development of programs aimed at educating residents regarding CRV redemption opportunities.

BACKGROUND
California Redemption Value (CRV), also known as California Refund Value, is a regulatory fee paid on recyclable beverage containers in California. The fee was established by the California Beverage Container Recycling and Litter Reduction Act of 1986, also called the Bottle Bill (AB 2020, Margolin).
2 Since 2010 the program has been administered by the Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle). This Act was intended to increase the recycling rate to 80 percent of all recyclable containers and to provide for convenience in redeeming consumer deposits (CRV).

This Act established convenience zones. A retailer/dealer in an unserved convenience zone (one without a functioning redemption center) may choose, after a 60-day grace period, to pay CalRecycle $100 fine per day in lieu of redeeming containers on site or establishing a redemption center in the convenience zone. From the CalRecycle website, a convenience zone is 1 http://www2.calrecycle.ca.gov/bevcontainer/recyclingcenters. 2 http://www.bottlebill.org

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typically a half-mile radius circle with the center point originating at a supermarket that meets the following definitions based on Public Resources Code Sections 14509.4 and 14526.5:
• Supermarket is identified in the Progressive Grocer Market Guidebook. • Supermarket gross annual sales are $2 million or more. • Supermarket is considered a full-line store that sells a line of dry groceries, canned goods, or non-food items and perishable items.

A convenience zone is required by law to have within the zone’s boundaries a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone. Convenience zone recyclers provide opportunities to redeem containers near where the beverages were purchased.

For the past several years, using the California redemption program has been a challenge for Orange County consumers. Several factors have led to this difficulty, including lack of access to fewer redemption centers. More than 1,369 supermarket redemption centers have closed since the peak in 2013. Just over 1,200 redemption centers remain in operation in California compared to nearly 2,600 centers in 2013. According to three separate surveys, supermarket chains and other beverage retailers legally obligated to be recyclers of last resort are refusing to redeem consumer deposits up to two-thirds of the time.
3 CalRecycle brings together the state’s recycling and waste management programs. They have provided grants to five pilot programs in California which make resident consumer CRV refunds more accessible and convenient, with the goal of diverting more recyclables from landfills. One pilot grant program is currently operating in Orange County.

REASON FOR THE STUDY
The subject of unclaimed CRV, and a pilot program being developed to address it, were brought to the attention of the OCJG through recently published articles and personal experience.

A yearlong investigation of the California bottle deposit program found that the system could collapse without fundamental reform and that best practices are not being used. 4 Currently,
redemption centers in Orange County are few and far between and have been closing at an alarming rate. The lack of redemption centers has increased the statewide unclaimed deposits held by CalRecycle to over $600 million.
3 Liz Tucker, “Trashed, How California Recycling Failed and How to Fix It,” Consumer Watchdog, published January 2020. For surveys showing that obligated stores refuse to redeem empties two thirds of the time, see:
https://www.consumerwatchdog.org/energy/consumer-watchdog-report-shows-66-grocery-stores-surveyed-refusedrecycle and https://www.nbcbayarea.com/news/local/Cash-in-the-Can-Californias-Recycling-Run-Around564236811.html and https://abc7news.com/society/stores-required-to-redeem-crv-on-bottles/5553583/. 4 Liz Tucker, “Trashed, How California Recycling Failed and How to Fix It,” Consumer Watchdog, January 2020.

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2021-2022 Orange County Grand Jury Page 5
The largest single recycling operator, rePlanet Recycling Centers, that had 600 locations in California, closed their last 284 centers on August 5, 2019, many of which were in Orange County. With fewer options, consumers have relinquished their CRV refunds to the trash haulers by resorting to single stream curbside collections. This CRV and material revenue is in addition to fees paid by residents to collect the recyclable materials. Waste haulers, including municipal haulers, were paid $146 million in 2020 for consumer CRV donated to their recycling bins at curbside and rural drop off locations.
5 The OCGJ discovered CalRecycle was exploring new ways to encourage recycling through five pilot programs. Recycle From Home in Irvine makes redemption of CRV as easy as taking out your trash. This report examines the issues and solutions behind recycling and CRV redemption and explores opportunities to expand innovative programs throughout the County.

METHOD OF STUDY
The OCGJ used a variety of methods to gather information for our investigation. • Interviews with individuals with expertise in state and local waste and recycling management.
• Research about CRV, waste haulers, Convenience Zones, Cash for Trash, local newspapers, grant programs pertaining to Orange County and various sources relating to the overall operations of recycling and CRV fees.
• Report studies from CalRecycle, Consumer Watchdog, and Container Recycling Institute (CRI).
• Tours of Orange County landfills.
• Review of various Assembly and Senate Bills pertaining to recycling. • Conducted a survey of Orange County cities recycling coordinators regarding their current CRV recycling programs.

INVESTIGATION AND ANALYSIS
CRV Redemption
California’s bottle and can recycling program was once considered successful. Today it has become a failed model. California now has a very inconvenient redemption structure compared to other states. As of May 2021, Californians have only one redemption center for about every 26,000 people. Oregon, in comparison, has 74 percent higher quantity of redemption centers than California,
6 even though Oregon’s population is one-ninth the size of California’s. 5 For more on haulers and why consumers do not get back deposits, see: https://www.consumerwatchdog.org/newsstory/opinion-why-californians-don’t-get-thier-bottle-and-can-deposits-back. 6 OBRC, Quarterly Report Q4 2020

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More than half California’s redemption centers have closed since 2013 due to State underpayments, commodities markets, and later the coronavirus pandemic. Redemption centers have faced financial hardships due to both scrap price declines and inadequate payments from CalRecycle. An additional hardship has been the increase in minimum wage for redemption center employees that has not been accounted for by the payment formula. More than 1,369 redemption centers have closed in California since the peak in 2013. Just over 1,200 redemption centers remain in operation in California, compared to nearly 2,600 centers in 2013.

According to CalRecycle, grocery stores can be granted exemptions if recycling centers would not be economically viable, or if another redemption center is sufficiently close by, or if consumers predominantly use curbside services in their location. 7 Orange County currently has 338 convenience zones, but only 134 of the convenience zones have a redemption center. There are 59 zones made exempt by CalRecycle, 10 more on hold, 7 For more on exemptions and other program rules, see: https://www.calrecycle.ca.gov/bevcontainer/retailers/zones.

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2021-2022 Orange County Grand Jury Page 7
and 135 unserved.8In the rest of the unserved zones lacking redemption centers, retailers are supposed to provide on-site redemption or pay State fees to avoid responsibility. Returning CRV containers to the local grocery store increases consumer convenience.

In an intercept survey, people were asked to choose from eleven options as to why they redeemed bottles at the recycling center. The top three reasons were ‘close to home’ (70 percent), ‘open at good times’ (21 percent), and ‘short lines and wait times’ (18 percent).9 Consumer Watchdog conducted an audit of 50 Los Angeles-area grocery, convenience and drug stores required by the State to refund consumer bottle deposits. The audit found up to two-thirds of retailers responsible for redemption may be refusing to take bottles back. The penalty from CalRecycle for refusing CRV redemption is between $100 and $1,000, depending on whether it is a repeat offense. It is very rare that retailers will be inspected and penalized by CalRecycle. 10 Close to 4,000 California stores have signed up with CalRecycle to redeem CRV containers in zones lacking recycling centers.
11 In Orange County, 109 Recycling/Redemption centers remain open,
12 many with limited days and hours of operation. In addition, there are currently 195 in8 https://www2.calrecycle.ca.gov/bevcontainer/recyclingcenters. 9 Intercept Survey conducted by the University of California, Berkeley research team. 10 Liz Tucker, “Trashed, How California Recycling Failed and How to Fix It,” Consumer Watchdog, published January 2020.
11 www2.calrecycle.ca.gov/BevContainer/InStoreRedemption. 12 www2.calrecycle.ca.gov/bevcontainer>recycling centers.

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2021-2022 Orange County Grand Jury Page 8
store CRV redemption locations.
13 Although the CalRecycle website lists the status, hours, and days of operation of recycling and redemption centers, the OCGJ determined the information is not always accurate.

The primary cause of redemption center closure is the lack of compensation received from CalRecycle. Liza Tucker, a consumer advocate with Container Recycling Institute, stated, “the formula for calculating state payments to recycling centers is flawed.” CalRecycle, she said, “averages costs to run centers across the state. But the cost of operating a redemption center in a grocery store parking lot – which is the most convenient for consumers – is substantially higher.”14
The rePlanet Recycling Centers suffered the largest closure. Established in 1984, rePlanet grew to 600 redemption centers in California at its peak. In 2016, it closed 191 centers and terminated 300 employees. On August 5, 2019, it closed the remaining 284 centers and laid off the remaining 750 employees. David Lawrence, rePlanet’s President said the factors were:

Reduction in State Fees:
• Depressed pricing of aluminum and plastic
• Minimum wage increases
• Required Health and Workers Compensation Insurance15
The decline in Redemption Centers will result in:
• Tons of metal, plastics, and glassware going into landfills • Increased greenhouse gas
• Increased litter
• Lost jobs in recycling and redemption industry
• Income for families and individuals who gather discarded cans and bottles to earn extra cash
A letter from Container Recycling Institute (CRI) urged the State to extend the Processing Payment Emergency Regulations for one year.
16 The Emergency Regulations add a 10 percent
reasonable financial return to calculate the processing payments that will be made to certified recyclers for 2021. This processing payment subsidy is intended to offset the difference between their operating costs and the revenue earned from scrap sales and handling fees. “Recyclers” include recycling centers, and curbside and drop-off programs. 13 www2.calrecycle.ca.gov/beveragecontainer/instore redemption. 14 Kevin Smith, “rePlanet Closes all Recycling Centers, Prompting a Call for Bottle, Can Redemption at Stores,” San Gabriel Valley Tribune, August 6, 2019.
15 Ibid.
16 December 6, 2021, letter from Container Recycling Institute President and Executive Director, Susan Collins to The State of California Office of Administrative Law.

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2021-2022 Orange County Grand Jury Page 9
California retailers are the failsafe for the program in locations lacking redemption centers.

California has an average of one center for every 26,000 consumers, 17 leading to CRV nonredemption.

Waste Haulers
Municipal curbside drop-off programs and trash haulers benefit from the redemption of CRV containers the consumers discard. When the Bottle Bill18 passed, environmental groups and lawmakers envisioned a network of redemption centers in supermarket parking lots to redeem containers. But California lawmakers and environmentalists also wanted to encourage developing curbside recycling. Operators of curbside and rural drop-off recycling programs are eligible to bill the State for the CRV stamped on the labels of containers without offering consumers refunds.19 Waste haulers were paid $146 million in 2020 for consumer CRV donated to their recycling bins at curbside and rural drop off locations.20 The rate at which consumers take bottles and cans for direct deposit refunds stands at 58.8 percent as of November 2021. 17 California’s population of 40 million is served by 1,553 redemption centers, per CalRecycle presentation, Beverage Container Recycling Program, Certification and Registration Branch, 4th Quarter 2018, presented in January 2019.
18 AB 2020, Margolin.
19 https://www.CalRecycle.ca.gov/bevcontainer.
20 In 2020 haulers were paid $118 million for the CRV in curbside bins and $28 million for the CRV at rural, drop off locations, according to the CalRecycle data analyzed by Container Recycling Institute. Corporate waste haulers operate a majority of these of these programs. Municipalities operate at least ten percent of these programs statewide.

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Meanwhile, unredeemed deposits in the State’s main beverage fund are more than $600 million.21
Curbside haulers in many cities use a single stream method of gathering recyclables. People put their recyclables into one bin and trucks take them to a processing center where machinery sorts the materials. But during transport, the materials are jostled together, rendering at least one quarter of the materials useless because they are contaminated with ground-in bits of organic waste, paper, plastic, and metal. This contamination contributes to increased landfill waste rather than recycling.

In California, waste haulers profit in numerous ways:
• They receive the CRV value, and the material scrap value of recyclables collected.
• Those that process recyclable materials are paid an additional three quarters of one percent, based on the total value of CRV collected, for administrative costs. • They are paid subsidies to compensate for the difference between the cost of recycling and the market scrap value.
• They are awarded supplemental payments.

California awards “supplemental payments” to operators of curbside programs. These payments were initially created as an incentive to start and support curbside collection programs. Now that most cities have curbside collection programs supported by ratepayers, the supplemental payments are additional profit.
21 Liza Tucker, “State Obscures Extent of a Half-Billion-Dollar Surplus of Unredeemed CRV Deposits as Redemption Rate Stays Stuck at 58 percent,” Consumer Watchdog, February 9, 2022.

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Visualization of flow of Payments to Waste Haulers22
Beverage Container Recycling Pilot Program
Under previous legislation,
23 CalRecycle approved five pilot programs to boost consumer redemption access in the following jurisdictions: Culver City, San Francisco, San Mateo County, Sonoma County, and the City of Irvine.

Communities can create CRV redemption programs that work for them. Pilot programs allow flexible operating requirements and customized redemption programs designed to meet a region’s unique needs. The CalRecycle Pilot Project Grant Program is designed to assist jurisdictions that lack CRV beverage container recycling opportunities for their residents.

The goals of the Pilot Project Grant Program are:
• Improving redemption opportunities in underserved areas. • Allowing local governments and private industry to work together, to create new, convenient, and innovative recycling opportunities that work in their region or area. • Increasing consumer redemption access.
• Increasing recycling percentages in pilot program areas. 22 Liza Tucker, “Waste Haulers: The Square Peg in the Circular Economy,” Consumer Watchdog, May 2021. Used with permission of the author.
23 California Beverage Container Recycling and Litter Reduction At (Assembly Bill 2020, Margolin, Statutes of 1986 Chapter 1290) (Public Resources Code 14571.9) SB458 (Wiener Chapter 648 Statues of 2017).

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Pilot program jurisdiction is defined as a city, county, or a combination thereof, that has authority to issue a grant permission for a certified pilot program recycler to operate in the designated pilot project area. Jurisdiction must meet at least one of the following criteria:
• The jurisdiction must have at least six unserved convenience zones. • At least 75 percent of all convenience zones are unserved.

Local jurisdictions can now apply to turn their recycling deserts into hubs for convenient bottle and can redemption. California has approved five additional pilot grants, and the grant pilot program has been extended until June 30, 2026. The Governor has allocated an additional $10 million to support the local pilot programs.

Additional Grant Opportunities
Currently, in Orange County, there is one grant pilot program operating. This program, called Recycle from Home, is a joint effort between the City of Irvine and the program’s founder, Ryan Bloom. Irvine was an ideal location for a pilot program because of its high-density population with unserved CRV redemption zones. Recycle from Home picks up recycling directly from the resident’s doorstep and deposits CRV refunds into the user’s account of choice, minus 10 percent paid to the program. Participants are responsible for sorting their CRV recyclables and placing them in specially coded bags provided. Once the bag is ready, residents simply schedule a pickup with Recycle from Home through an app or phone call and place the bag(s) on their porch.

The OCGJ found this program to be an innovative way to return CRV funds to the consumers.

Additionally, CalRecycle offers the Beverage Container Recycling Grant Program. Beginning September 30, 2021, and ending June 28, 2024, grants are available to cities for beverage container recycling. The goal of this program is to reach and maintain an 80 percent recycling rate for all of California refund value beverage containers-aluminum, glass, plastic, and bi-metal.

Unlike the Grant Pilot Program, no redemption element to consumers is required. The requirements are:
• The projects must be in California.
• Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110).
• The grantee will ensure that the recycling bins, if applicable, are serviced on a regular basis and that collected material is transported to a certified recycling center. • The grantee will ensure, if applicable, that it and/or other entities certified to collect beverage containers are certified or registered by CalRecycle in the proper category and will provide the Grant Manager a copy of the certification certificates(s) upon request.

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The grantee shall monitor the project for the tonnage and revenues collected by material type, if applicable, and will report to the Grant Manager in the progress and final reports. Information for both these programs is available on the CalRecycle web site.24 The OCGJ strongly encourages other cities and the County to research and apply for available grants or pilot programs from CalRecycle for their communities that focus on returning more CRV funds to their residents’ benefit and to reduce recyclables from entering landfills.

Current State of Redemption Efforts in Orange County
The OCGJ surveyed the thirty-four cities in Orange County. The purpose of the survey was to evaluate the efforts the cities are currently undertaking to help residents obtain their CRV refunds and remove recycling from the waste stream. The City of Irvine is currently participating in the Recycle from Home grant pilot program and requires its solid waste hauler to operate a buy-back center for Irvine residents.

Over 40 percent of the 14 cities that responded to the OCGJ survey failed to offer an organized program for public outreach and education regarding CRV redemption and recycling. Many relied on their waste haulers to make recycling available and to educate their community. Brea had applied for CalRecycle Beverage Container Recycling grants for the purchase of designated recycling containers at several city and school locations.

Three of the responding cities took into consideration waste hauler revenue from CRV redemption and raw material sales in different ways. Laguna Beach had a windfall recycling payment clause in their waste hauler contract. It stipulated that the contractor agreed to pay Laguna Beach 25 percent of revenue that is attributable to the sale of recyclable material collected in the city that exceeds $135 per ton (net processing costs). Similarly, Fountain Valley had CRV revenue sharing which required the waste hauler share CRV revenue with the city once the contractor’s baseline CRV revenue exceeded $275,000. San Juan Capistrano considered fundraising efforts by requiring the waste hauler to offer free 30-yard roll-off containers to local schools for collecting CRV from students and families. When these containers are filled, the contractor is required to provide the redemption value to the school as a fundraising source. The OCGJ applauds the efforts by these cities to benefit their citizenry and increase material recycling.

The OCGJ sees a missed opportunity for the cities that are not leveraging CRV or the raw material revenue when negotiating their waste hauler contracts. Orange County cities should be more proactive in encouraging CRV redemption and recycling by their residents. The OCGJ also encourages each City’s participation and promotion of the grant pilot programs currently offered by CalRecycle.

An additional tool for sharing information about each City’s recycling efforts is the City Recycling Coordinators Meeting. This meeting is held quarterly and facilitated by staff of OC Waste & Recycling (OCWR), a department of the County of Orange. A recent meeting included 24 www.calrecycle.ca.gov

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recycling coordinators, representatives from CalRecycle and OCWR, consultant groups, and industry professionals. Agenda items included:
• Education Outreach Updates.
• CalRecycle Update.
• City/Consultant Q&A.

The OCGJ believes this is an educational and informative opportunity for City Recycling Managers and encourages participation by all cities.

FINDINGS
Based on its investigation described here, the 2021-2022 Orange County Grand Jury has arrived at the following principal findings:

F1 Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees.

F2 Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers.

F3 CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so. Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle.

F4 Orange County and most OC Cities do not make CRV redemption and recycling a priority when negotiating their waste hauler contracts which results in missed financial opportunities and convenience for their residents.

In accordance with California Penal Code Sections 933 and 933.05, the 2021-2022 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

RECOMMENDATIONS
R1 By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents. (F3)
R2 By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated areas of OC that focus on returning more CRV funds to their residents. (F3)

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R3 When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents. (F2, F4) R4 By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction. (F1, F3)

COMMENDATIONS
The OCGJ commends Recycle From Home in the City of Irvine as CalRecycle’s only pilot project grant program in Orange County. A collaboration between the City and private enterprise, Recycle From Home is a unique collaborative concept to service the entire City of Irvine’s CRV recycling needs. This is an eco-friendly way to recycle right from your driveway or doorstep. This mobile residential recycling service was selected and approved as part of a new pilot project grant program established by the State of California. The pilot program is innovative, convenient, helps keep CRV recyclable material out of the waste stream and returns the deposits directly to the consumer.

RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:

California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

Furthermore, California Penal Code Section 933.05 specifies the way such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:

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(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from:
90 Day Response Required F1 F2 F3 F4
Orange County Board of Supervisors X X X
90 Day Response Required R1 R2 R3 R4
Orange County Board of Supervisors X X X X

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90 Day Response Required F1 F2 F3
City Council of Laguna Hills X X X
90 Day Response Required R1 R2 R3 R4
City Council of Laguna Hills X X X X
90 Day Response Required F1 F2 F3
City Council of Laguna Niguel X X X
90 Day Response Required R1 R2 R3 R4
City Council of Laguna Niguel X X X X
90 Day Response Required F1 F2 F3
City Council of Laguna Woods X X X
90 Day Response Required R1 R2 R3 R4
City Council of Laguna Woods X X X X
90 Day Response Required F1 F2 F3
City Council of Lake Forest X X X
90 Day Response Required R1 R2 R3 R4
City Council of Lake Forest X X X X
90 Day Response Required F1 F2 F3
City Council of Los Alamitos X X X
90 Day Response Required R1 R2 R3 R4
City Council of Los Alamitos X X X X
90 Day Response Required F1 F2 F3
City Council of Mission Viejo X X X
90 Day Response Required R1 R2 R3 R4
City Council of Mission Viejo X X X X

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90 Day Response Required F1 F2 F3
City Council of Rancho Santa
Margarita X X X
90 Day Response Required R1 R2 R3 R4
City Council of Rancho Santa
Margarita X X X X
90 Day Response Required F1 F2 F3
City Council of San Clemente X X X
90 Day Response Required R1 R2 R3 R4
City Council of San Clemente X X X X
90 Day Response Required F1 F2 F3
City Council of San Juan Capistrano
X X X
90 Day Response Required R1 R2 R3 R4
City Council of San Juan Capistrano X X X X
90 Day Response Required F1 F2 F3
City Council of Santa Ana X X X
90 Day Response Required R1 R2 R3 R4
City Council of Santa Ana X X X X
90 Day Response Required F1 F2 F3
City Council of Seal Beach X X X
90 Day Response Required R1 R2 R3 R4
City Council of Seal Beach X X X X
90 Day Response Required F1 F2 F3
City Council of Stanton X X X

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90 Day Response Required R1 R2 R3 R4
City Council of Stanton X X X X
90 Day Response Required F1 F2 F3
City Council of Tustin X X X
90 Day Response Required R1 R2 R3 R4
City Council of Tustin X X X X
90 Day Response Required F1 F2 F3
City Council of Villa Park X X X
90 Day Response Required R1 R2 R3 R4
City Council of Villa Park X X X X
90 Day Response Required F1 F2 F3
City Council of Westminster X X X
90 Day Response Required R1 R2 R3 R4
City Council of Westminster X X X X
90 Day Response Required F1 F2 F3
City Council of Yorba Linda X X X
90 Day Response Required R1 R2 R3 R4
City Council of Yorba Linda X X X X
Responses Requested
90 Day Response Requested F1 F2 F3 F4
OC Waste & Recycling X X X
90 Day Response Requested R1 R2 R3 R4
OC Waste & Recycling X X X

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GLOSSARY
Assembly Bill 2020 Encourage recycling and reduce litter.

Assembly Bill 939 Integrated Waste Act – mandates reduction of waste being disposed.

Bottle Bill
CalRecycle
Senate Bill 38.

California Department of Resources, Recycling and Recovery.

CIP Convenience Incentive Payment.

Convenience Zone A convenience zone is required by law to have within the zone’s boundaries, a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone.

CRV California Refund Value.

Handling Fee Monthly payments made by the CalRecycle to recycling centers that meet certain eligibility requirements.

MRF
PRA
OAL
A facility utilized for the purpose of collecting, sorting, and processing materials to be recycled.

Public Records Act.

Office of Administrative Law.

OCWR
OCGJ
Processing Fee
OC Waste & Recycling, a department of the County of Orange.

Orange County Grand Jury.

Total cost charged per online transaction.

Redemption Center Accepts empty deposit beverage containers from redeemers.

Senate Bill 38 “Bottle Bill” – requires beverage industry to establish convenient recycling and redemption places so consumers may get their deposits back.

Single Stream
Transaction Fee
Waste haulers pick up Recycle bins from customer’s location.

Flat dollar amount charged based on the number of transactions.

Waste Hauler Any person carrying or engaging in the collection of waste.

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Attachment: Grand Jury Report (2955 : Response to the Orange County Grand Jury Report on CRVs) September 27, 2022
Erick L. Larsh
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Re: California Penal Code Section 933 Response to the Orange County Grand Jury Report, “Where Have All the CRVs Gone?”
Dear Judge Larsh:

As requested by the Orange County Grand Jury letter dated June 28, 2022, the City of Laguna Hills is responding to Findings F1, F2, and F3, and Recommendations R1, R2, R3, and R4 of the Grand Jury Report entitled, “Where Have All the CRVs Gone?”
Findings and Responses
F1. Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees.

Response: Agrees with the finding. Resident customers have contacted the City of Laguna Hills, other cities, and the County of Orange to find locations for CRV redemption. The CRV locations are not always convenient to the customer locations and require extra effort and travel benefit from the redemption program.

The recent passage of Senate Bill (SB) 1013 may lead to an increase of CRV redemption sites throughout the state. SB 1013 allows for dealers – retail establishments that offer sales of beverages in beverage containers – to create and join dealer cooperatives for the purpose of providing redemption opportunities to resident consumers. Consequently, in the near future, the state may see an increase of CRV redemption sites and increased opportunities for resident consumers to receive a beverage container redemption payment.

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Attachment: Response to Grand Jury Report [Revision 1] (2955 : Response to the Orange County Grand Jury Report on CRVs) F2. Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers.

Response: Agrees with the finding. With the added effort resident customers must put forth to benefit from CRV redemption, many choose to forego the fees they would receive and dispose of the material instead. Waste haulers have better access to the redemption sites than resident customers, although it is not confirmed the waste haulers are benefiting from this availability.

However, with the recent passage of Senate Bill (SB) 1013 on September 9, 2022, the CRV redemption value increase to 10-cents on most of the bottles. It also establishes a 25-cent refund on “difficult to recycle” wine packaging including boxes, bladders, pouches and similar plastic containers. This redemption value increase may result in more resident consumers recycling their beverage containers to obtain the beverage container redemption payment.

F3. CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so.

Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle.

Response: Agrees with the finding. The City of Laguna Hills (City) considers available funding opportunities from CalRecycle including the grant and reporting requirements compared to the resources needed to implement new programs with CRV-related funding. Since the City has limited staffing and human resources directly related to recycling programs and waste hauling, certain grant and funding opportunities for the implementation of new recycling programs are not necessarily beneficial to the City. The City will continue to proactively explore all CalRecycle related CRV grants.

Recommendations and Responses
R1. By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents. (F3)
Response: The recommendation has already been implemented. The City of Laguna Hills (City) regularly applies for, receives and utilizes CaiRecycle's Beverage Container Recycling Grant Program on an annual basis. Additionally, the City regularly reviews and applies for similar grants for which the City is eligible.

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Attachment: Response to Grand Jury Report [Revision 1] (2955 : Response to the Orange County Grand Jury Report on CRVs) R2. By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated area of OC that focus on returning more CRV funds to their residents. (F3)
Response: The recommendation will not be implemented because both the OC Waste & Recycling and the focus areas (unincorporated Orange County) are not within the City's jurisdiction, control or authority.

R3. When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents. (F2, F4)
Response: The recommendation has not yet been implemented, but will be implemented in the future. The City’s agreement with its waste hauler expires June 30, 2024. The City is currently developing procurement documents for the next 10-year solid waste franchise agreement, and the recommendation will be considered for implementation during the procurement document development process.

R4. By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction. (F1, F3) Response: The recommendation has been implemented. The City of Laguna Hills (City) promotes recycling programs and the recycling of bottles and cans, including CRV redemption opportunities in its education and outreach materials, including on the City’s website, social media, printed materials such as flyers and booklets, and at various public events held throughout the year.

Additionally, Orange County Waste & Recycling promotes recycling bottles and cans, including CRV redemption opportunities in all education and outreach opportunities. According to the County of Orange, these include the online recycling resource located online at OCRecycleGuide.com which includes access to detailed information on CRV redemption locations provided by CalRecycle; the OCLandfills.com website; at community events and through regular outreach materials.

End of Responses

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Attachment: Response to Grand Jury Report [Revision 1] (2955 : Response to the Orange County Grand Jury Report on CRVs) Should you have any questions or need additional information pertaining to the City of Laguna Hill’s responses to the Orange County Grand Jury report, please contact Jarad Hildenbrand, City Manager, at (949) 707-2600.

Sincerely,
___________________________
Dave Wheeler, Mayor
City of Laguna Hills
Cc: Gwen P. Isarowong, Foreperson
2021-2022 Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701

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Attachment: Response to Grand Jury Report [Revision 1] (2955 : Response to the Orange County Grand Jury Report on CRVs) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Proposed Amendment No. 3 to the Consulting Services Agreement with Eco/Nomics, Inc., for Continued Solid Waste and Recycling Consulting Services
RECOMMENDATION: That the City Council: 1) Waive formal competitive bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.150 pursuant to the exceptions set forth in LHMC Sections 3-08.110(I) and (J), for approval of the proposed Amendment No. 3 to the Consulting Services Agreement for Solid Waste and Recycling Consulting Services with Eco/Nomics, Inc.; 2) Approve proposed Amendment No. 3 to the Consulting Services Agreement with Eco/Nomics, Inc., increasing the maximum contract amount by $150,000 from $578,000 to $728,000; and 3) Authorize the Mayor or the Mayor Pro Tempore to sign the proposed Amendment No. 3.

SUMMARY:

The Consulting Services Agreement for Solid Waste Collection, Contracting and Recycling Consulting Services with Eco/Nomics (“Agreement”) is set to expire on June 30, 2023. Due to a tremendous amount of work to implement and support the State’s organic waste recycling mandates (i.e. SB 1383), staff estimates that payment expenditures for Eco/Nomics’ services will be over the Agreement’s Maximum Contract Amount (“MCA”) in the next few months, well before the June 30, 2023, Agreement termination date (see Table 1. below). Consequently, Eco/Nomics consulting services under the Agreement will need to stop unless the Agreement is amended. Staff is requesting that the MCA be increased by $150,000 from $578,000 to $728,000 in order

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for Eco/Nomics to continue forward with work efforts that are currently underway for the remainder of the Agreement term. This will require the Council’s approval and execution of the proposed Amendment No. 3 to the Agreement (see Attachment 1).

The only revision to the Agreement, per Amendment No. 3, is to increase the MCA by $150,000. There is no change to the Agreement’s termination date which will remain as June 30, 2023. In early Spring of next year, staff plans on conducting a competitive procurement process for solid waste and recycling consulting services under a multiyear contract. After a consulting firm is selected and awarded a contract by the Council, consulting services under the new contract will commence on July 1, 2023.

Staff further recommends that the City Council make findings and declare that it is appropriate to waive provisions of the Laguna Hills Municipal Code (“LHMC”) Procurement Code Section 3-08.150 in order to approve and execute the proposed Amendment No. 3. The consulting services provided by Eco/Nomics are essential for uninterrupted and continued support to staff with the implementation of recycling programs and outreach as required under the recent Amendment No. 2 to CR&R’s Franchise Agreement (“Franchise Agreement”) and by the State. Eco/Nomics continued guidance and support through the numerous regulations and reporting requirements imposed by CalRecycle for the remainder of the Agreement term is very desirable for staff.

The Agreement, Amendment No. 1 to the Agreement, and Amendment No. 2 to the Agreement are attached to this report for reference.

BACKGROUND:

Staff issued an RFP and completed a formal competitive selection process in 2016 where Eco/Nomics was identified as the most qualified firm. On June 14, 2016, the City entered into the Agreement with Eco/Nomics. The Agreement called for consulting services to be provided during an initial three (3) year term ("Initial Term") ending June 30, 2019.

On June 11, 2019, the City Council approved and entered into Amendment No. 1 to the Agreement for the purpose of extending the Initial Term of the Agreement for an additional two (2) year period ("Renewal Option") under the same terms and conditions set forth in the Agreement. Amendment No. 1 also increased the Maximum Contract Amount set forth in Section 2.1 of the Agreement by $80,000, from $250,000 to $330,000.

Amendment No. 2 to the Agreement, which extended the Agreement for an additional two (2) years through June 30, 2023, and increased the maximum contract amount by

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$248,000, from $330,000 to $578,000, was approved by the Council on February 23, 2021. The Council waived the formal competitive bidding requirements and procedures set forth in the LHMC and approved and entered into Amendment No. 2. The reason for waiving the competitive bid requirements at that time was the negative impact of COVID-19 pandemic on staff and the consultant on completing project assignments related CalRecycle’s diversion and recycling mandates.

Staff is now requesting another amendment to the Agreement to increase the MCA by $150,000. Staff recommends that the City Council approve the attached proposed Amendment No. 3 to the Agreement and authorize the Mayor to execute the proposed amendment (see Attachment 1). As illustrated in the table below, staff estimates that the MCA of $578,000 will be overrun in the next few months which necessitates an increase to that amount to ensure for continued and uninterrupted consulting service support for the remainder of the Agreement term (or until June 30, 2023).

Table 1. EcoNomics Maximum Contract Amount (MCA)
& Estimated Payments
Estimated MCA (Over)/
Payments Balance Under MCA
552,108
August 2022 8,000 560,108 17,892
September 2022 8,000 568,108 9,892
October 2022 8,000 576,108 1,892
November 2022 8,000 584,108 (6,108)
EcoNomics total payments ending July 2022
June 30, 2023 (Agreement Expiration Date)
Agreement MCA is $578,000
Typically, when a contract for professional services exceeds the amount of $50,000, the City prepares a competitive selection process and issues a request for proposals (RFP) inviting qualified firms to submit proposals to provide consulting services. In this case, staff is requesting an increase of $150,000 to the Agreement’s MCA. However, it is staff’s opinion that such a formal competitive procurement process at this time is not in the City's best interest as it would result in an interruption to the necessary, ongoing recycling and solid waste franchise consulting services contracted for under the Agreement. This would negatively impact the City's ability to timely implement various CalRecycle regulations under CR&R’s recently amended Franchise Agreement—and as

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mandated by State law—and most likely will not result in any significant cost savings to the City. Thus, the City Council is requested to waive the formal competitive bidding requirements set forth in LHMC Section 3-08.150, pursuant to the exceptions set forth in LHMC Sections 3-08.110 (I) and (J). For each of the exceptions, staff has provided justifications below for waiving the requirements of LHMC 3-08.150.

LHMC 3-08.110(I)
When an unusual or unique situation exists, in that due to experience, specialized qualifications, particular expertise, performance history, and/or reputation, a particular company, vendor, consultant, or contractor is uniquely qualified for a particular task or project, which makes application of the requirements for competitive solicitation under this chapter contrary to either the intended purpose of the project or the public interest.

Justification: Eco/Nomics assisted Staff with the update to the LHMC Chapter 5-32 (Solid Waste and Recycling) which incorporated the regulations of SB 1383.

Moreover, Eco/Nomics was instrumental in conducting the recent contract negotiations with CR&R to account for SB 1383 requirements such as the implementation of a residential food scraps recycling program. These negotiations resulted in Amendment No. 2 to CR&R’s Franchise Agreement which was approved by Council on June 14, 2022, and was effectuated on July 1, 2022.

Eco/Nomics’ particular expertise with the terms and conditions of the Franchise Agreement, and Chapter 5-32 of the LHMC, makes them uniquely qualified to continue consulting work for the remainder of the Agreement term to ensure for successful program implementation, education and outreach, and program monitoring and enforcement. Currently, Eco/Nomics is assisting the City with its monitoring of CR&R’s roll-out of residential and multi-family organic waste recycling programs which began on July 1 of this year. The Franchise Agreement specifies certain delivery dates and programs are phased in throughout the remainder of this calendar year. Additionally, Eco/Nomic’s developed a thirteen (13) step implementation process with CR&R, which is incorporated into the Franchise Agreement. This implementation process will need to be followed and monitored to ensure 100% SB 1383 compliance with commercial and multi-family diversion programs throughout the term of the Agreement. Staff needs help with this work effort which will take several months.

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September 27, 2022

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Eco/Nomics is also in the process of developing the required reporting forms for compliance with SB 1383 such as organic waiver forms, and will also need to complete the comprehensive annual report that is submitted to CalRecycle.

At this juncture, staff believes that it is not in the City’s best interest to conduct a competitive bid process for a solid waste and recycling consultant. This will interrupt the City’s progress, already underway, to implement the programs and monitoring requirements of the Franchise Agreement, which when successfully implemented, will ensure the City’s compliance with CalRecycle’s recycling mandates.

LHMC 3-08.110(J)
When, in the opinion of the City Council, it is determined that compliance with the procurement policies, procedures and/or requirements is not in the best interest of the city.

Justification: Staff believes that the cost for solid waste and recycling consulting services will increase if a competitive bid process is initiated at this time. Since 2016, Eco/Nomics has not increased its hourly rates for service and a rate increase is not contemplated in Amendment No. 3.

It is in the City’s best interest to secure Eco/Nomics’ current hourly rates for consulting services for the remainder of the Agreement term through June 30, 2023.

FISCAL IMPACT:

Staff recommends that the Maximum Contract Amount be increased by $150,000 from $578,000 to $728,000. Monies paid to Eco/Nomics have come from the City’s recycling special revenue funds, such as funds received from CR&R. For instance, per the Franchise Agreement, CR&R is to pay the City in the amount of $150,000 for 3rd party consulting services support this fiscal year and another $150,000 next fiscal year. There is no anticipated general fund impact for Eco/Nomics’ consulting services at this time.

ATTACHMENTS:
• Attachment 1 - Proposed Amendment No. 3 to Eco/Nomics Agreement • Attachment 2 - Amendment No. 2 to Eco/Nomics Agreement • Attachment 3 - Amendment No. 1 to Eco/Nomics Agreement • Attachment 4 - Eco/Nomics Agreement

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ATTACHMENT 1
Proposed Amendment No. 3
to Consulting Services Agreement

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Attachment: Attachment 1 - Proposed Amendment No. 3 to Eco/Nomics Agreement (2970 : Eco/Nomics Amendment No. 3) 1720793.1
AMENDMENT NO. 3

TO CONSULTING SERVICES AGREEMENT
Eco/Nomics, Inc., dba Ecal/Nomics, Inc.
(Solid Waste and Recycling Consulting Services)

THIS THIRD AMENDMENT to the Consulting Services Agreement with ECO/NOMICS, INC., (the “Amendment” or "Amendment No. 3") is made and entered into to be effective the 27th day of September 2022, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as the “City”), and ECO/NOMICS, INC., a Colorado corporation, doing business in the State of California as ECAL/NOMICS, INC., (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as “Parties.”

RECITALS
A. City and Consultant previously entered into a Consulting Services Agreement for the provision of certain solid waste and recycling consulting services to be performed for the Project, as defined in the Agreement, on as as-needed, on-call basis, which agreement was originally made and entered into on June 14, 2016 (the “Agreement”) and which may be duly amended, in writing, from time to time by the Parties. City does not have the personnel or technical expertise necessary to perform the work and services contracted for under the Agreement.

B. Sections 1.8 (Additional Services), 2.3 (Changes in Scope), and 10.2 (Amendment) of the Agreement provide that the Agreement may be amended in writing at any time by mutual consent of the Parties. Section 2.3 provides that the Parties may enter into an amendment to provide for additional services not included in the Agreement. Additionally, Section 1.8 (Additional Services) of the Agreement specifically provides that the City shall have the right at any time during the performance of the Services, without invalidating the Agreement, to order extra work beyond that specified in the Scope of Services or to make changes by altering, adding to, or deducting from such Work.

C. The initial term of the Agreement was scheduled to expire on June 30, 2019 (“Initial Term”), by operation of its own terms, unless extended by mutual written agreement of the Parties.

Section 3.4 (Term) provides that the City had the option, at its sole discretion, to renew and extend the Initial Term of the Agreement for an additional two (2) year term ("Renewal Term"). On June 11, 2019, the Parties approved and entered into Amendment No. 1 to the Agreement for the purpose of extending the Term ("Initial Term") of the Agreement for an additional two (2) year period ("Renewal Option") in order to provide for continued, uninterrupted solid waste and recycling consulting services on as as-needed, on-call basis for the Project, as defined in the Agreement, under the same terms and conditions set forth in the Agreement, but with an updated listing of assigned and available consultants and same corresponding hourly rates. Amendment No. 1 also increased the Maximum Contract Amount set forth in Section 2.1 of the Agreement by $80,000, from $250,000 to $330,000.

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D. Thereafter, unless amended by mutual agreement of the Parties, the Term of the Agreement was scheduled to expire on June 30, 2021 by operation of its own terms.

E. On March 4, 2020, the Governor declared a state of emergency in California in response to the outbreak of the novel COVID-19 virus, and by March 11, 2020, the World Health Organization designated the outbreak of the virus as a pandemic. Subsequently on March 18, 2020, the City proclaimed a local emergency in order for the City to promptly address, prepare for, and take actions necessary to protect the public health, safety, and welfare within the City in response to the anticipated spread of the novel COVID-19 virus. In light of the COVID-19 pandemic, the declared local emergency, the statewide emergency declaration, the full and partial closures of City Hall, modified work schedules, work-from-home health orders, and reduced service levels, the City did not wish to rebid this contract or conduct bidder interviews at that time, and the Procurement Officer and City Council determined that such formal competitive procurement process at that time was not in the City's best interest as it would result in an interruption to the necessary, ongoing recycling and solid waste franchise consulting services contracted for under the Agreement, which could have negatively impacted City's ability to timely implement various CalRecycle regulations, as mandated by State law, and most likely would not have resulted in any significant cost savings to the City.

F. Based on emergency circumstances related to the COVID-19 pandemic, the City previously determined that there was a need to extend the term of the Agreement for two years in order to ensure continuity of these essential consulting services. The continuation of the level of services, under the same terms and conditions and at the same professional hourly rates, provided by the Agreement ensured the provision of continued cost-effective, uninterrupted solid waste and recycling consulting services on an as-needed, on-call basis.

G. Due to the COVID-19 pandemic and declared State and local emergencies which had been in effect since March 2020, as well as the negative impacts the ongoing pandemic had on Consultant's outreach efforts to businesses for the implementation of successful organic recycling programs, by way of correspondence from Consultant to City, dated January 18, 2021, Consultant previously requested that the City extend the term of the Agreement for an additional two (2) year period under the same terms and conditions and at the same professional hourly rates set forth in the Agreement, but with an updated listing of solid waste and recycling consultants, assigned and available personnel, and corresponding hourly rates from those established in Section 5.1 (Table of Fee Schedules) of Consultant’s Proposal/Scope of Work, dated April 29, 2016, which is set forth in Exhibit “A” to the Agreement.

H. As such, on February 23, 2021, the Parties approved and entered into Amendment No. 2 to the Agreement for the purpose of extending the Term of the Agreement for an additional two (2) year period in order to provide for continued, uninterrupted solid waste and recycling consulting services on as as-needed, on-call basis for the Project, as defined in the Agreement, under the same terms and conditions set forth in the Agreement, but with an updated listing of assigned and available consultants and corresponding hourly rates. The additional two-year Term extension created the need to increase the Maximum Contract Amount set forth in Section 2.1 of the Agreement by $248,000, from $330,000 to $578,000.

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I. Unless amended by mutual agreement of the Parties, the Term of the Agreement is currently scheduled to expire on June 30, 2023 by operation of its own terms.

J. Due to a tremendous amount of work to implement and support the State’s organic waste recycling mandates (i.e., SB 1383), the City estimates that payment expenditures for the Consultant’s services will soon exceed the Maximum Contract Amount set forth in the Agreement within the next few months, well before the June 30, 2023 Agreement termination date. Consequently, the Consultant’s services under the Agreement will need to stop prior to completion of the Project unless the Agreement is amended. As such, the City has determined that the Maximum Contract Amount set forth in the Agreement must now be increased by $150,000 from $578,000 to $728,000 in order for the Consultant to continue to provide uninterrupted consulting services necessary to complete the Project for the remainder of the extended term of the Agreement.

K. Therefore, the Parties now desire to enter into this Amendment No. 3 to the Agreement for the purpose of increasing the Maximum Contract Amount by $150,000 from $578,000 to $728,000 in order for the Consultant to continue to provide uninterrupted consulting services necessary to complete the Project during the remainder of the extended term of the Agreement under the same terms and conditions and at the same professional hourly rates as set forth in the Agreement.

NOW THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:

AGREEMENT

1. Amendment to Section 2.1, entitled "Maximum Contract Amount," of the Agreement. Section

2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Seven Hundred Twenty Eight Thousand Dollars ($728,000.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit “A”. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2. Full Force and Effect. This Amendment No. 3 is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control.

3. Recitals. The above-referenced Recitals are hereby incorporated into this Amendment as though fully set forth herein and made part of the Agreement and each Party acknowledges

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and agrees that such Party is bound, for purposes of the Agreement, by the same.

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

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Attachment: Attachment 1 - Proposed Amendment No. 3 to Eco/Nomics Agreement (2970 : Eco/Nomics Amendment No. 3) 1720793.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment No. 3 as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation

DAVE WHEELER,
Mayor
ATTEST:
(SEAL)

JENNIFER LEE,
Interim City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
Eco/Nomics, Inc., a Colorado corporation,
doing business in the State of California as
Ecal/Nomics, Inc.

By:

WILLIAM O’TOOLE, President
By:

TREVOR S. BLYTHE, Secretary

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EXHIBIT A
Schedule of Compensation/Fees
Name Position Hourly
Rate
Allocation Areas of Expertise
William O’Toole President $180 20%
Project management, client
interface, strategy, negotiations
with haulers; contract
management, council
presentations, CalRecycle
compliance, relevant industry
analysis and projections
Cerene St. John,
JD
Negotiation
Support $180 5%
Assistance with hauler
negotiations. Solid waste
legislation tracking and
interpretation
Trevor S. Blythe,
MBA; Christy
Hurlburt, MBA
Vice President $120 20%
Oversight of field data quality,
diversion program development
and implementation, operations
analysis, annual rate adjustment,
performance monitoring, public
outreach, SB 1383 strategy and
implementation
Kim Riley: Ian
Bevan, MBA;
Kelly Cisneros,
MS; Geiza de
Goulart Silva, MS
Program
Implementation
Manager
$90 25%
Public outreach, educational
programs, SB 1383
implementation, including edible
food recovery and procurement,
annual CalRecycle reporting
Valeria Ferrufino
Program
Implementation
Coordinator
$80 30%
SB 1383 generator identification,
commercial list analysis, analysis,
program implementation and
monitoring,

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Packet Pg. 193 Attachment: Attachment 4 - Eco/Nomics Agreement (2970 : Eco/Nomics Amendment No. 3) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 27, 2022
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Services Director/City Engineer
Cooperative Agreement No. C-2-2632 Between the Orange County Transportation Authority and the Cities of Irvine, Laguna Hills and Lake Forest for the Bake Parkway and Rockfield Boulevard Regional Traffic Signal Synchronization Program Project
RECOMMENDATION: That the City Council approve Cooperative Agreement No. C-2-2632 with the Orange County Transportation Authority for the Bake Parkway and Rockfield Boulevard Regional Traffic Signal Synchronization Program Project and authorize the Mayor or Mayor Pro Tempore to sign the Agreement.

SUMMARY:

Renewed Measure M (M2) provides funding opportunities through Project P for cities to collectively work on Regional Traffic Signal Synchronization Program (RTSSP) projects on arterial highways on a three-year return cycle. The Orange County Transportation Authority (OCTA) has approved a Project P grant for the Bake Parkway and Rockfield Boulevard RTSSP with the cities of Laguna Hills, Lake Forest and Irvine. OCTA has agreed to lead the project team and has issued a Cooperative Agreement to effectuate the project. Approval of Cooperative Agreement No. C-2-2632 for the Bake Parkway and Rockfield Boulevard Regional Traffic Signal Synchronization Program Project is recommended.

BACKGROUND:

On behalf of the cities through which Bake Parkway and Rockfield Boulevard traverses, the City of Irvine submitted a 2022 application to OCTA for Renewed Measure M

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Project P funding of the Bake Parkway and Rockfield Boulevard RTSSP project. OCTA has recently granted the funding of this project and has also agreed to be the lead entity for this multi-agency project through the adoption of a Cooperative Agreement. As described in the attached Cooperative Agreement No. C-2-2632, OCTA will procure the consultant and contract services to implement updated traffic signal timing, synchronization and improvements along this arterial highway.

The cities of Laguna Hills, Lake Forest and Irvine are each participating in this project to improve traffic flow along these arterial highways. As further described in the Fiscal Impact section below, the cities will contribute a 20% match to the project.

The City of Laguna Hills’ participation in this project only includes traffic signal timing and synchronization improvements at five offset signalized intersections. The five involved Laguna Hills traffic signals are: 1) Lake Forest Drive/Santa Vittoria Drive; 2) Lake Forest Drive/Interstate 5 SB On-Off Ramps; 3) El Toro Road/Regional Center; 4) El Toro Road/Avenida de la Carlota; and 5) Los Alisos Boulevard/Avenida de la Carlota. There are no equipment upgrades included at any of these signals.

The Bake Parkway and Rockfield Boulevard RTSSP project is expected to be implemented during the 2024 calendar year and then will be under a three-year monitoring program. The Cooperative Agreement is scheduled to run through December 2027. Approval of the Cooperative Agreement is recommended.

CEQA FINDINGS:

In accordance with Cooperative Agreement No. C-2-2632, OCTA accepts the responsibility for CEQA compliance.

FISCAL IMPACT:

The Bake Parkway and Rockfield Boulevard RTSSP project has an estimated total cost of consultant services and field improvements of $3,133,426. The cities participating in this project are responsible for a 20% match of this cost. The Laguna Hills share of the match is estimated to be $12,500. Funds are available for this project in the Traffic Signal Synchronization Capital Improvement Project, CIP No. 168-L.

ATTACHMENTS:
• Cooperative Agreement No. C-2-2632

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COOPERATIVE AGREEMENT NO. C-2-2632

BAKE PARKWAY AND ROCKFIELD BOULEVARD RTSSP PROJECT
This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-2-2632 to be executed as of the date of the last signature below.

CITY OF LAGUNA HILLS
By: _________ _
Dave Wheeler
Mayor
Dated: ----------
ATTEST:

By: __________ _
Jennifer Lee
Interim City Clerk
Dated: ----------
APPROVED AS TO FORM:

By: __________ _
Gregory E. Simonian
City Attorney
Dated: ----------

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City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 27, 2022
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Services Director/City Engineer
Cooperative Agreement No. C-2-2634 Between the Orange County Transportation Authority and the Cities of Dana Point, Laguna Hills and Laguna Niguel for the Moulton Parkway Regional Traffic Signal Synchronization Program Project
RECOMMENDATION: That the City Council approve Cooperative Agreement No. C-2-2634 with the Orange County Transportation Authority for the Moulton Parkway Regional Traffic Signal Synchronization Program Project and authorize the Mayor or Mayor Pro Tempore to sign the Agreement.

SUMMARY:

Renewed Measure M (M2) provides funding opportunities through Project P for cities to collectively work on Regional Traffic Signal Synchronization Program (RTSSP) projects on arterial highways on a three-year return cycle. The Orange County Transportation Authority (OCTA) has approved a Project P grant for the Moulton Parkway RTSSP with the cities of Laguna Hills, Laguna Niguel and Dana Point. OCTA has agreed to lead the project team and has issued a Cooperative Agreement to effectuate the project.

Approval of Cooperative Agreement No. C-2-2634 for the Moulton Parkway Regional Traffic Signal Synchronization Program Project is recommended.

BACKGROUND:

On behalf of the cities through which Moulton Parkway traverses, the City of Laguna Niguel submitted a 2022 application to OCTA for Renewed Measure M Project P funding of the Moulton Parkway RTSSP project. OCTA has recently granted the funding of this

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project and has also agreed to be the lead entity for this multi-agency project through the adoption of a Cooperative Agreement. As described in the attached Cooperative Agreement No. C-2-2634, OCTA will procure the consultant and contract services to implement updated traffic signal timing, synchronization and improvements along this arterial highway.

The cities of Laguna Hills, Laguna Niguel and Dana Point are each participating in this project to improve traffic flow along this arterial highway. As further described in the Fiscal Impact section below, the cities will contribute a 20% match to the project.

In addition to traffic signal timing and synchronization improvements along Moulton Parkway, some of the eight involved Laguna Hills traffic signals (at Indian Creek Ln, Laguna Hills Dr, Via Lomas, Alicia Pkwy, Gordon Rd, La Paz Rd, Oso Pkwy and Nellie Gail Rd) will also receive equipment upgrades including: emergency vehicle preemption (EVP), CCTV cameras, new pedestrian signal countdown heads and new audible pedestrian buttons for the vision impaired pedestrian.

The Moulton Parkway RTSSP project is expected to be implemented during the 2024 calendar year and then will be under a three-year monitoring program. The Cooperative Agreement is scheduled to run through December 2027. Approval of the Cooperative Agreement is recommended.

CEQA FINDINGS:

In accordance with Cooperative Agreement No. C-2-2634, OCTA accepts the responsibility for CEQA compliance.

FISCAL IMPACT:

The Moulton Parkway RTSSP project has an estimated total cost of consultant services and field improvements of $3,314,566. The cities participating in this project are responsible for a 20% match of this cost. The Laguna Hills share of the match is estimated to be $109,579. Funds are available for this project in the Traffic Signal Synchronization Capital Improvement Project, CIP No. 168-M.

ATTACHMENTS:
• Cooperative Agreement No. C-2-2634

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COOPERATIVE AGREEMENT NO. C-2-2634

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITIES OF DANA POINT, LAGUNA HILLS, AND LAGUNA NIGUEL
FOR

MOULTON PARKWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2022, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of Dana Point, Laguna Hills, and Laguna
Niguel PARTICIPATING AGENCIES
. RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY has completed the competitive 2022 Call for Projects 2 Laguna Niguel (hereinafter referred to as the
for the implementation of signal synchronization of traffic signals along Moulton Parkway between the intersections of Glenwood Drive located in the City of Laguna Hills and Pacific Coast Highway located in the City of Dana Point
/
/

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WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately thirty-four (34) traffic signalized intersections along the main corridor and twenty-six (26) offset signalized intersections from the main corridor as identified in the APPLICATION; and
WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements as identified in the APPLICATION and other associated systems (hereinafter collectively referred to as part of the PROJECT
as identified in the APPLICATION; and
WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate the inclusion of other ITS ELEMENTS (hereinafter OTHER ELEMENTS) that should be installed before or at the same time as the construction of the PROJECT and are not part of this Agreement; and
WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are the sole responsibility of the Party owning each and any of those OTHER ELEMENTS; and WHEREAS, AUTHORITY and each respective Party acknowledges and understands that in-house resources (staff hours) from Party will provide various services for the PROJECT per the APPLICATION; and
WHEREAS, AUTHORITY and each respective Party acknowledge and understand that PROJECT costs for various types of additional work required by each respective Party may not have been included in the original application and therefore those costs are not included in the PROJECT allocation; and
WHEREAS, AUTHORITY and each respective Party agree that these additional costs will be paid by the PROJECT with written approval by AUTHORITY, which may result in additional dollar match; and

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WHEREAS, Parties acknowledge and understand that the costs for the additional work may

WHEREAS
APPLICATION, the AUTHORITY agrees to implement the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this Agreement to implement the PROJECT in support of Project P; and WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the PROJECT; and

WHEREAS
May 9, 2022; and

WHEREAS
August 8, 2022; and
WHEREAS, the City of Dana Point
___________________, 20_____; and
WHEREAS, the City of Laguna Hills
of ___________________, 20_____; and
WHEREAS, the City of Laguna Niguel
of ___________________, 20_____.

NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING AGENCIES as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or

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condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B.
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment o
condition(s), and obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. failure to
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of right to such performance or to future performance of such term(s) or cond
and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. Both AUTHORITY and Parties agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
/
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A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the APPLICATION, prepared by the APPLICANT AGENCY in accordance with the policies and procedures contained in the Comprehensive Transportation Funding Program (CTFP) Guidelines.

B. AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between PROJECT and other similar type projects not older than three (3) years.

C. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as described in the CTFP Guidelines.

D. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and procedures were followed. Such a review may be performed one hundred and eighty (180) days after the PROJECT three-year grant period is complete. If the technical and or field review determines that any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse and return the amount of funding used to perform the ineligible activity to AUTHORITY.

E. AUTHORITY shall invoice the PARTICIPATING AGENCIES for twenty percent (20%) of actual costs at the end of the Primary Implementation phase or at a mutually agreed upon time to facilitate any respective Party funding timeframes. The estimated match per the APPLICATION is outlined in Attachment A.

F. AUTHORITY shall request updates for the PROJECT as part of the semi-annual review process, including documentation of cash match conforming to Attachment A and will include the PROJECT in the list of active projects in OCFundTracker until completion of the three-year grant period.

Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.

ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY The AUTHORITY, as the LEAD AGENCY, agrees to the following responsibilities for the implementation of the PROJECT:
/
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AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT as identified in the APPLICATION, including filing all documentation necessary to comply with the California Environmental Quality Act (CEQA) regulations for the PROJECT.

A. AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with PARTICIPATING AGENCIES for the PROJECT.

B. AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of twenty-four (24) hour / seven (7) day automated machine traffic counts with vehicle classification.

D. AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.

E. AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCIES.

F. AUTHORITY,
Eligibility Guidelines and CTFP Guidelines adopted by the AUTHORITY. The AUTHORITY shall provide the reports to the PARTICIPATING AGENCIES in draft and final formats for review and comment.

AGENCY comments shall be noted in the final study. If specified in the APPLICATION, AUTHORITY, or PROJECT at up to two (2) public meetings.

ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of the PROJECT:

A. PARTICIPATING AGENCIES shall provide a technical representative to meet and participate as a member of the PROJECT
/

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B. PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.

C. PARTICIPATING AGENCIES shall participate and support the PROJECT implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the AUTHORITY.

D. PARTICIPATING AGENCIES shall provide AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by Party since original installation, local field master, local controller, and Advanced Traffic Management System timing plans and other ITS related data upon request.

E. PARTICIPATING AGENCIES shall each provide the AUTHORITY a dollar match, totaling at least twenty percent (20%) of actual PROJECT costs. The APPLICATION estimated this amount to be Six Hundred Sixty-Two Thousand, Nine Hundred Thirteen Dollars ($662,913) as shown in Attachment A. PARTICIPATING AGENCIES shall work with AUTHORITY to address and mitigate budget impacts. Failure to provide local dollar match may result in the ineligibility of future participation in competitive funding opportunities.

F. PARTICIPATING AGENCIES shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar days of receipt of an invoice.

G. PARTICIPATING AGENCIES that have included an in-kind services match, as identified in Attachment A, shall provide documentation of conformance as part of the semi-annual review process or as requested by the AUTHORITY, or agents of the AUTHORITY.

H. PARTICIPATING AGENCIES shall waive all fees associated with any local agency permits that may be required of the consultant, subconsultants, and/or service or equipment providers in the performance of the PROJECT.

I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY, or agents of the AUTHORITY, as part of semi-annual review process until completion of the three-year

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PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.

J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Operations and Maintenance after the three-year grant period is complete and continue until the end of the PROJECT per additional maintenance of effort in APPLICATION.

ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to their respective City Manager, or designee, and the actions required to be Executive Officer or designee.

ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of

AUTHORITY
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING contractor.

ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees, ities, actions, suits,

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claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, limited to Claims arising from injuries to or death of persons ( employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUT cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, including but not
damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect through December 31, 2027.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless executed in writing by all Parties and AUTHORITY.

4.7.a
Packet Pg. 224 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Any Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: AUTHORITY and Parties hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures shall be permitted.

I. Assignment
authority hereunder may be assigned in whole or in part by any Parties without the prior written consent of the other Parties in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /

4.7.a
Packet Pg. 225 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:
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4.7.a
Packet Pg. 226 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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To LAGUNA NIGUEL: To AUTHORITY:

City of Laguna Niguel Orange County Transportation Authority 30111 Moulton Parkway
Laguna Niguel, CA 92677
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Kathy Nguyen
Engineering Services Manager
Tel: (949) 362-4341
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
E-mail: [email protected]
To DANA POINT: To LAGUNA HILLS:

City of Dana Point City of Laguna Hills
33282 Golden Lantern
Dana Point, CA 92629
200 Civic Center
Laguna Hills, CA 92691
Attention: Matt Sinacori
Public Works Director / City Engineer
Tel: (949) 248-3574
Email: [email protected]
Attention: Amber Shah
Interim Public Services Director / City Engineer
Tel: (949) 707-2657
Email: [email protected]
CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
[email protected]
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4.7.a
Packet Pg. 227 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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M. Force Majeure: Any Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
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4.7.a
Packet Pg. 228 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-2-2634 to be executed as of the date of the last signature below.

CITY OF LAGUNA NIGUEL ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: __________________________________ Elaine Gennawey Darrell E. Johnson
Mayor Chief Executive Officer
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Marissa J. Asistin James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________ APPROVED AS TO FORM: APPROVAL RECOMMENDED:

By: ___________________________ By: ___________________________ Nicholas Ghirelli Kia Mortazavi
Interim City Attorney Executive Director, Planning
Dated: _________________________ Dated: _________________________

4.7.a
Packet Pg. 229 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-2-2634 to be executed as of the date of the last signature below.

CITY OF DANA POINT
By: ___________________________
Michael A. Killebrew
City Manager
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________
Patrick Muñoz
City Attorney
Dated: _________________________

4.7.a
Packet Pg. 230 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP PROJECT

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-2-2634 to be executed as of the date of the last signature below.

CITY OF LAGUNA HILLS
By: ___________________________
David Wheeler
Mayor
Dated: _________________________
ATTEST:

By: ___________________________
Jennifer Lee
Interim City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________
Gregory E. Simonian
City Attorney
Dated: _________________________

4.7.a
Packet Pg. 231 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) COOPERATIVE AGREEMENT NO. C-2-2634

MOULTON PARKWAY RTSSP

ATTACHMENT A
Page A - 1

ESTIMATED LOCAL MATCH COMMITMENT
AGENCY

TOTAL CASH MATCH FUNDING

PI O & M SOURCE
City of Dana Point
$ 159,938.00 $ 10,200.00
General Fund $ 170,138.00
City of Laguna Hills
$ 102,379.00 $ 7,200.00
General Fund
$ 109,579.00
City of Laguna Niguel
$ 364,596.00 $ 18,600.00
General Fund
$ 383,196.00

TOTAL MATCH
$ 626,913.00 $ 36,000.00
$ 662,913.00* *This is an estimate based on the approved application and final allocation. The final amount will be determined based on actual expenditures. There is no in-kind match on this project. Cash Match is NOT allowed to be converted to in-kind match.

PI = PRIMARY IMPLENTATION O&M = ONGOING MONITORING & MAINTENANCE

4.7.a
Packet Pg. 232 Attachment: Cooperative Agreement No. C-2-2634 (2971 : Cooperative Agreement with OCTA No. C-2-2634 Moulton RTSSP) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 27, 2022
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Services Director/City Engineer
Progress Payment No. 1, Final, for Turf Renovation, CIP No. 238-C, Phase II
RECOMMENDATION: That the City Council approve Progress Payment No. 1, Final, in the net amount of $102,799.50, and Contract Change Order No. 1, to CSA Holdings, Inc., dba Sports Fields Services, for Turf Renovation, CIP No. 238-C, Phase II, and authorize the filing of the Notice of Completion for Phase II and subsequent Release of Retention in 35 days, if no liens have been filed.

SUMMARY:

Work on the Turf Renovation, CIP No. 238-C, Phase II, began on July 6, 2022, and has been completed by CSA Holdings, Inc., dba Sports Field Services. Work performed included turf replacement on two soccer fields and turf/infield repairs on one baseball field. The project has been completed. It is proposed to approve the first and final progress payment and record a Notice of Completion to allow for the release of the retention in 35 days, if no liens are filed.

BACKGROUND:

A routine monthly action for capital improvement projects is the submission, review, and approval of the contractor’s invoice. Procedurally, field staff verifies the contractor’s quantities and matches them with the submitted invoice. The unit prices and total costs of the project are confirmed by the office staff and a progress payment is then processed. A five-percent (5%) retention is withheld from each payment to assure final performance of the work. The contractor for this project, CSA Holdings, Inc., dba Sports

4.8 Packet Pg. 233
Progress Payment No. 1, Final, for Turf Removation, CIP No. 238-C, Phase II September 27, 2022

Page 2 ends

Field Services, has submitted the first and final progress payment for the subject project as follows:

ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE $ AMOUNT
1 Clearing and Grubbing 1 LS $34,400.00 $34,400.00
2 Rough Grading 1 LS $13,250.00 $13,250.00
3 Place Sand Mix and Finish Grade 1 LS $18,630.00 $18,630.00 4 Fertilization 1 LS $1,900.00 $1,900.00
5 Place and Roll Sod 1 LS $17,550.00 $17,550.00
6 Little League Infield Renovation 1 LS $10,460.00 $10,460.00 7 Soccer Field Turf Maintenance 1 LS $1,000.00 $1,000.00 CO#1 Contract Change Order No. 1 $11,020.00
TOTAL TO DATE $108,210.00
LESS PRIOR BILLING $0.00
TOTAL THIS PERIOD $108,210.00 $108,210.00
LESS 5% RETENTION $(5,410.50)
DUE $102,799.50
CONTRACT CHANGE ORDER NO. 1:

Contract Change Order No. 1, attached, has been prepared to address the deferral of phase II of this project due to Covid-19, and reschedule the Additive Bid Schedule #1 for two soccer fields from July 5, 2020, to July 5, 2022. Adjustment in compensation per attached letter and revised bid, dated March 18, 2022.

FISCAL IMPACT:

The progress payment is within the Capital Improvement Program Budget for the Turf Renovation, CIP No. 238-C.

ATTACHMENTS:
• Contract Change Order No 1 Phase II
• Notice of Completion Sports Field Services CIP No. 238-C Phase II

4.8 Packet Pg. 234

4.8.a
Packet Pg. 235 Attachment: Contract Change Order No 1 Phase II (2963 : Progress Payment No. 1, Final, for Turf Removation, CIP No. 238-C, Phase II)

4.8.a
Packet Pg. 236 Attachment: Contract Change Order No 1 Phase II (2963 : Progress Payment No. 1, Final, for Turf Removation, CIP No. 238-C, Phase II)

4.8.a
Packet Pg. 237 Attachment: Contract Change Order No 1 Phase II (2963 : Progress Payment No. 1, Final, for Turf Removation, CIP No. 238-C, Phase II)

4.8.a
Packet Pg. 238 Attachment: Contract Change Order No 1 Phase II (2963 : Progress Payment No. 1, Final, for Turf Removation, CIP No. 238-C, Phase II) Recording Requested by and
When Recorded Mail to:

Jennifer Lee, Interim City Clerk
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
No Fee Exempt per GC§27383
By: ____________________________

NOTICE OF COMPLETION
Notice is hereby given that the following public improvements have been completed and accepted by the City Council of the City of Laguna Hills on September 27, 2022.

Description of Improvements
Laguna Hills Community Center and Sports Complex Turf Renovation Project, CIP No. 238-C, including turf replacement for two soccer fields and turf/infield repairs on one baseball field.

General Location
25555 Alicia Parkway, Laguna Hills, CA 92653
Owner of Property Address Contractor
City of Laguna Hills Sports Field Services
24035 El Toro Road 27762 Antonio Parkway, Ste. L1-609
Laguna Hills, CA 92653 Ladera Ranch, CA 92694
This Notice of Completion is executed under authority of a directive from the City Council of the City of Laguna Hills.

I, Joe Ames, P.E., T.E., declare under penalty of perjury that I am the City Engineer of the City of Laguna Hills, that I am familiar with the facts stated in the foregoing Notice of Completion executed for and on its behalf, and that I have read the foregoing Notice of Completion and know the contents thereof to be true.

Dated: September 27, 2022
________________________________________________________ Joe Ames, P.E., T.E., Director of Public Works/City Engineer City of Laguna Hills

4.8.b
Packet Pg. 239 Attachment: Notice of Completion Sports Field Services CIP No. 238-C Phase II (2963 : Progress Payment No. 1, Final, for Turf Removation, CIP City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 27, 2022
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Services Director/City Engineer
Progress Payment No. 1, Final, for Water Quality Improvement Phase X, CIP 412-J
RECOMMENDATION: That the City Council approve Progress Payment No. 1, Final, in the net amount of $237,476.25, to G2 Construction, Inc., for Water Quality Improvement Catch Basin Debris Gate Project Phase X, CIP 412-J, and authorize the filing of the Notice of Completion and subsequent release of retention in 35 days, if no liens have been filed.

SUMMARY:

Work on the Water Quality Improvement Catch Basin Debris Gate Project, CIP No. 412-J, began on August 15, 2022, and has been satisfactorily completed by G2 Construction, Inc. Work performed included custom fabrication and installation of catch basin debris gates and trash screens. It is proposed to approve the first and final progress payment and record a Notice of Completion to allow for the release of the retention in 35 days, if no liens are filed.

BACKGROUND:

4.9 Packet Pg. 240
Progress Payment No. 1, Final, for Water Quality Improvement Phase X, CIP 412-J September 27, 2022

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performance of the work. The contractor for this project, G2 Construction, Inc., has submitted the first and final progress payment for the subject project as follows:

ITEM
#
DESCRIPTION QUANTITY UNIT UNIT PRICE $ AMOUNT
1 Mobilization and Clearing 1 LS $2,000.00 $2,000.00
2 Cleaning Catch Basins 1 LS $2,143.00 $2,143.00
3 Traffic Control 1 LS $9,708.00 $9,708.00
4 Up to 6 sf screen 34 EA $960.00 $32,640.00
5 Up to 11 sf screen 12 EA $1,636.00 $19,632.00
6 5’ Debris Gate (1 screen) 10 EA $1,291.00 $12,910.00
7 7’ Debris Gate (2 screens) 19 EA $2,264.00 $43,016.00 8 10’ Debris Gate (2 screens) 5 EA $2,485.00 $12,425.00 9 10-14” Debris Gate (2-3 screens) 3 EA $3,228.00 $9,684.00 10 14’ Debris Gate (4 screens) 13 EA $3,983.00 $51,779.00 11 21’ Debris Gate (6 screens) 8 EA $5,826.00 $46,608.00 12 28’ Debris Gate (8 screens) 1 EA $7,430.00 $7,430.00 TOTAL TO DATE $249,975.00
LESS PRIOR BILLING 0.00
TOTAL THIS PERIOD $249,975.00 $249,975.00
LESS 5% RETENTION $(12,498.75)
DUE $237,476.25
FISCAL IMPACT:

The first and final progress payment is within the Capital Improvement Program Budget for the Water Quality Improvement Catch Basin Debris Gate Project Phase X, CIP No. 412-J. The project is primarily funded by a competitive grant awarded by the Orange County Transportation Authority’s Environmental Cleanup Program.

ATTACHMENTS:
• Notice of Completion CIP 412-J

4.9 Packet Pg. 241
Recording Requested by and
When Recorded Mail to:

Jennifer Lee, Interim City Clerk
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
No Fee Exempt per GC§27383
By: ____________________________

NOTICE OF COMPLETION
Notice is hereby given that the following public improvements have been completed and accepted by the City Council of the City of Laguna Hills on September 27, 2022.

Description of Improvements
Water Quality Improvement Catch Basin Debris Gate Project, CIP No. 412-J, including custom fabrication and installation of catch basin debris gates.

General Location
Various locations throughout the City of Laguna Hills, CA 92653 Owner of Property Address Contractor
City of Laguna Hills G2 Construction, Inc.
24035 El Toro Road 1352 E. Borchard Avenue
Laguna Hills, CA 92653 Santa Ana, CA 92705
This Notice of Completion is executed under authority of a directive from the City Council of the City of Laguna Hills.

Dated: September 27, 2022
________________________________________________________ Joe Ames, P.E., T.E., Public Services Director/City Engineer City of Laguna Hills

4.9.a
Packet Pg. 242 Attachment: Notice of Completion CIP 412-J (2974 : Progress Payment No. 1, Final, for Water Quality Improvement Phase X, CIP 412-J) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 27, 2022
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Services Director/City Engineer
Rejection of Bid Proposals for Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505A
RECOMMENDATION: That the City Council reject all Bid Proposals for Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505-A and direct staff to reissue the Notice Inviting Bids and Specifications.

SUMMARY:

On August 3, 2022, the City received Bid Proposals for the Cooling Tower System Replacement at the Laguna Hills Civic Center, CIP No. 505-A, project. Five Bid Proposals were received. However, due to an error made by the apparent low bidder as a result of misunderstanding the bid specifications, City staff has determined the bids are unresponsive. Staff, therefore, recommends all Bid Proposals for this solicitation be rejected and the Project be re-advertised for bids. The revised Notice Inviting Bids and Specifications are on file in the office of the City Clerk and present on the dais.

BACKGROUND:

In accordance with City Council authorization, on June 14, 2022, the City received Bid Proposals for the subject Project. While five Bid Proposals were received, Staff recommends rejection of all Bid Proposals due to an error in the Bid Proposal made by the apparent low bidder, Allison Mechanical, Inc. Based upon the low bidder’s statements to City staff, it has been determined the bids are unresponsive and staff has added clarifying statements to the Bid Proposal sheets. The revised Notice Inviting Bids and Specifications are on file in the office of the City Clerk and present on the dais. It is

4.10 Packet Pg. 243
Rejection of Bid Proposals for CIP No. 505-A
September 27, 2022

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recommended the City Council approve the revised Notice Inviting Bids and Specifications and authorize the re-advertisement for bids of this Project.

FISCAL IMPACT:

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

4.10 Packet Pg. 244
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Jennifer Lee
Interim City Clerk
ISSUE: Second Reading & Adoption of Proposed Ordinance Adding Chapter 6-44 to Tile 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City
RECOMMENDATION: That the City Council: 1) Adopt an Ordinance entitled: “An Ordinance of the City Council of the City of Laguna Hills, California, Adding Chapter 6- 44 to Tile 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City”; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

SUMMARY:

The proposed Ordinance will provide the Orange County Sheriff’s Department with clearly established legal authority to protect the public and deter criminal activity. It is expected that over time, this ordinance should reduce the total number of catalytic converter thefts within the City.

A copy of the proposed Ordinance and the Staff Report for the introduction of the Ordinance, including attachments, are included as attachments to this report. The City Council introduced the Ordinance by a vote of 4-0 (Council Member Pezold was absent) on September 13, 2022. It is now in order to adopt the Ordinance and to authorize the Mayor/Mayor Pro Tempore to sign the Ordinance.

4.11 Packet Pg. 245
Second Reading & Adoption of Ordinance - Prohibiting Catalytic Converters September 27, 2022

Page 2 ends

ATTACHMENTS:
• Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City
• September 13, 2022 - Introduction of Ordinance Staff Report and Attachments

4.11 Packet Pg. 246
1693452.1
ORDINANCE NO. 2022-X

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 6-44 TO
TITLE 6 (PUBLIC WELFARE) OF THE LAGUNA HILLS

MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF

CATALYTIC CONVERTERS IN THE CITY
WHEREAS, the City of Laguna Hills and its citizens have experienced a dramatic increase in the theft of catalytic converters over the past several years; and WHEREAS, the number of catalytic converter thefts in the City of Laguna Hills rose from approximately 13 in the year 2019, to 73 in the year 2020, and to 79 in the year 2021 which marks an increase of approximately 457% over that period; and WHEREAS, the nature of catalytic converter thefts makes it difficult for law enforcement to prosecute offenders due to the fact that it is extremely difficult to identify victims of the thefts; and
WHEREAS, there are currently no federal, state, or local laws or regulations which criminalize the unlawful possession within the City of catalytic converters which are not attached to vehicles; and
WHEREAS, there are currently no federal, state, or local laws or regulations which prohibit the unlawful recycling or sale of unlawfully obtained catalytic converters within the City, thus leading to the increase of such activity within the City; and WHEREAS, there are currently no federal, state, or local laws or regulations which require individuals in possession of catalytic converters that are not attached to vehicles to provide proof to law enforcement of lawful possession, which limits law enforcement’s ability to protect the public by deterring catalytic converter thefts, as well as limits law enforcement’s ability to seize catalytic converters that are suspected to be stolen unless an identifiable victim has been located; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit such thefts for many reasons including, but not limited to, 1) the ease such thefts can be committed in a very short period of time with common tools, 2) the ability to recycle catalytic converters as scrap metal for high dollar amounts ranging from $200 to $1,200 per catalytic converter, and 3) loopholes in the law which, as a practical matter, protect criminals from prosecution unless a specific victim can be identified; and
WHEREAS, finding victims of these crimes is nearly impossible because it is extremely difficult to catch criminals in the act of unlawfully removing a catalytic converter from a vehicle, coupled with the fact that catalytic converters do not have any identifying marks or serial numbers, which would allow law enforcement to trace stolen catalytic converters to a specific vehicle or victim; and

4.11.a
Packet Pg. 247 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2962 : Second Reading & Adoption of Ordinance No. 2022-X

Page 2 ends

1693452.1
WHEREAS, due to the lack of legislation in this area, most catalytic converter thefts go unsolved, which is fundamentally unacceptable for the citizens of Laguna Hills; and
WHEREAS, the citizens of Laguna Hills and the Orange County Sheriff’s Department are in need of legislation for multiple reasons including, but not limited to, (1) the need for deterrence by establishing zero-tolerance for catalytic converter thefts, (2) creating penalties for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to victims of catalytic converter theft, and (5) minimizing the fiscal and personnel impact on the City of Laguna Hills caused by catalytic converter thefts and related investigations; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial sums of money while the victims of such thefts are required to pay thousands of dollars to repair their vehicles, are inconvenienced by the time such repairs take, and feel less safe in their community; and WHEREAS, this ordinance is necessary to provide the Orange County Sheriff’s Department with clearly established legal authority to protect the public and deter this criminal activity.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. Chapter 6-44 (Unlawful Possession of Catalytic Converters) is hereby added to Title 6 (Public Welfare) of the Laguna Hills Municipal Code to read in its entirety as follows:

CHAPTER 6-44 – UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS 6-44.010 – Unlawful Possession of a Catalytic Converter A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to establish that they are in lawful possession of the catalytic converter.

B. For purposes of this section, “lawful possession” includes being the lawful owner of the catalytic converter, or in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove that a catalytic converter was stolen to establish that the possession is not a “lawful possession.” C. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes, but is not limited to the following document types: bill of sale from the original owner with photographs, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop;

4.11.a
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1693452.1
verifiable written or electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter; photographs of the vehicle from which the catalytic converter originated and which show the vehicle’s license plate or vehicle identification number (VIN); or, vehicle registration for the vehicle from which the catalytic converter originated, coupled with a corresponding license plate or VIN number etched onto the catalytic converter. The validity of “documentation or other proof” shall be based on the totality of the circumstances.

D. Each and every violation of this section shall constitute a separate violation and shall be subject to remedies and enforcement as set forth in the Laguna Hills Municipal Code. Each and every catalytic converter which is unlawfully possessed constitutes a separate violation of this section.

E. Violations of this section constitute misdemeanors and upon conviction are punishable by a fine not to exceed $1,000, imprisonment in the county jail for a period of up to six (6) months, or by both such fine and imprisonment.

F. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings that are authorized by this Code or any other law for violations of this section.

SECTION 3. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to state CEQA guidelines because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and state CEQA guidelines.

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the adoption of this ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this ordinance and a certified copy of the text of this ordinance shall be posted in the office of the City Clerk five days prior to the date of adoption of this ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this ordinance, together with the vote for and against the same, in the office of the City Clerk.

4.11.a
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1693452.1
PASSED, APPROVED, AND ADOPTED this X day of X 2022.
________________________________

DAVE WHEELER, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, INTERIM CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, Interim City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2022-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the 13th day of September 2022, and that thereafter, said ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the X day of X 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, INTERIM CITY CLERK

4.11.a
Packet Pg. 250 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2962 : Second Reading & Adoption of Ordinance No. 2022-X

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1693452.1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING

CITY OF LAGUNA HILLS ) AND PUBLICATION
JENNIFER LEE, being first duly sworn, deposes and says:

That she is the duly appointed and qualified Interim City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2022-X, being:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, ADDING CHAPTER 6-44 TO TITLE 6 (PUBLIC

WELFARE) OF THE LAGUNA HILLS MUNICIPAL CODE ESTABLISHING

REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF

CATALYTIC CONVERTERS IN THE CITY
on the 22nd day of September 2022, and on the X day of X 2022, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the 23rd day of September 2022, and the X day of X 2022, caused to be posted in three places in the City of Laguna Hills, to wit:

Laguna Hills City Hall
Laguna Hills Community Center
La Paz Center
_________________________________

JENNIFER LEE, INTERIM CITY CLERK
Laguna Hills, California

4.11.a
Packet Pg. 251 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2962 : Second Reading & Adoption of City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 13, 2022
TO: Mayor and Council Members
FROM: Captain Rene De La Rosa
Acting Chief of Police Services
ISSUE: Introduction and First Reading of a Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City RECOMMENDATION: That the City Council: 1) Receive and file the staff report and presentation; and 2) Introduce for first reading, read by title only, and waive further reading of an ordinance entitled: “An Ordinance of the City Council of the City of Laguna Hills, California, Adding Chapter 6-44 to Tile 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City."
SUMMARY:

Over the past several years, thefts of catalytic converters within the City of Laguna Hills, as well as within jurisdictions across Orange County and California as a whole, have increased dramatically. In an effort to combat the theft, transportation, and recycling of illegally obtained catalytic converters in the City of Laguna Hills, the City Attorney’s Office, in conjunction with the Orange County Sheriff’s Department, is proposing a new ordinance which will make it unlawful to possess a catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof of lawful possession.

BACKGROUND:

According to crime statistics from the Orange County Sheriff’s Department there were 13 reported catalytic converter thefts reported in the City in 2019. That number increased by approximately 375% in 2020 to a total of 73 such thefts. That number

7.2.1 Packet Pg. 98

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Packet Pg. 252 Attachment: September 13, 2022 - Introduction of Ordinance Staff Report and Attachments (2962 : Second Reading & Adoption of Ordinance - Proposed Ordinance Regarding Catalytic Converters
September 13, 2022

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increased again in 2021 to 79 catalytic convertor thefts marking an increase of approximately 475% in just a three-year period. Reports of catalytic convertor thefts continue in 2022 with 32 being report as of August this year.

The rise in catalytic converter thefts can be attributed to several factors. First, a theft of a catalytic converter can be accomplished within a matter of seconds using common household tools such as a reciprocating saw or handheld circular saw. This, coupled with the ease with which criminals can access a vehicle’s catalytic converter, makes it nearly impossible to catch criminals in the act of committing a catalytic converter theft. Next, catalytic converters contain precious metals such as platinum, palladium, and rhodium, which can be recycled for substantial sums. As a result, criminals sell the stolen catalytic converters to scrap metal yards who, in turn, remove the precious metals and sells them for a high profit.

Catalytic converter thefts are nearly impossible for law enforcement agencies to investigate because the stolen catalytic converters do not have any identifying markings (e.g. serial numbers, vehicle identification numbers, or license plate numbers) which can be used to identify victims of theft. Without a victim of a theft, law enforcement officers cannot arrest suspected criminals for mere possession of a catalytic converter that appears to be stolen. Thus, despite the fact that there are very few instances when an individual would lawfully be in possession of a catalytic converter that is not attached to a vehicle, criminals cannot be charged with any offense given the lack of a specifically identifiable victim.

There are currently no federal, state, or local laws or regulations which criminalize the possession of a catalytic converter which is not attached to a vehicle. Further, there is no federal, state, or local law which criminalizes the sale or recycling of unlawfully obtained catalytic converters. The lack of regulation in this area incentivizes criminals to steal catalytic converters and scrap yards and similar businesses to purchase the stolen items in order to recycle the precious metals for a profit.

Finally, there are currently no federal, state, or local laws or regulations which require individuals in possession of catalytic converters which are not attached to vehicles to provide proof to law enforcement of lawful possession. This limits law enforcement’s ability to protect the public by deterring catalytic converter thefts, as well as limits law enforcement’s ability to seize catalytic converters which are suspected to be stolen unless an identifiable victim can be located.

7.2.1 Packet Pg. 99

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Packet Pg. 253 Attachment: September 13, 2022 - Introduction of Ordinance Staff Report and Attachments (2962 : Second Reading & Adoption of Ordinance - Proposed Ordinance Regarding Catalytic Converters
September 13, 2022

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Given the lack of regulation in this area, the majority of catalytic converter thefts within Orange County go unsolved.

The citizens of Laguna Hills and the Orange County Sheriff’s Department are in need of legislation for multiple reasons including, but not limited to: 1) the need for deterrence by establishing zero-tolerance for catalytic converter thefts, 2) creating penalties for possessing stolen catalytic converters, 3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, 4) providing indirect justice to victims of catalytic converter theft, and 5) minimizing the fiscal and personnel impact on the City of Laguna Hills caused by catalytic converter thefts and related investigations.

The proposed ordinance will provide the Orange County Sheriff’s Department with clearly established legal authority to protect the public and deter criminal activity. It is expected that over time, this ordinance should reduce the total number of catalytic converter thefts within the City.

CONCLUSION:

Given the foregoing, the Chief of Police Services and the City Attorney hereby recommend that the City Council introduce for first reading, read by title only, and waive further reading of an ordinance entitled, "An Ordinance of the City Council of the City of Laguna Hills, California, Adding Chapter 6-44 to Title 6 (Public Welfare) of the Laguna Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City."
ATTACHMENTS:
• Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City

7.2.1 Packet Pg. 100

4.11.b
Packet Pg. 254 Attachment: September 13, 2022 - Introduction of Ordinance Staff Report and Attachments (2962 : Second Reading & Adoption of Ordinance - 1693452.1
ORDINANCE NO. 2022-X

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 6-44 TO
TITLE 6 (PUBLIC WELFARE) OF THE LAGUNA HILLS

MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF

7.2.1.a
Packet Pg. 101 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2951 : Proposed Ordinance Regarding

4.11.b
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. Chapter 6-44 (Unlawful Possession of Catalytic Converters) is hereby added to Title 6 (Public Welfare) of the Laguna Hills Municipal Code to read in its entirety as follows:

7.2.1.a
Packet Pg. 102 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2951 : Proposed Ordinance Regarding

4.11.b
Packet Pg. 256 Attachment: September 13, 2022 - Introduction of Ordinance Staff Report and Attachments (2962 : Second Reading & Adoption of Ordinance - Ordinance No. 2022-X

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7.2.1.a
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4.11.b
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1693452.1
PASSED, APPROVED, AND ADOPTED this X day of X 2022.
________________________________

DAVE WHEELER, MAYOR
ATTEST:
______________________________________

MELISSA AU-YEUNG, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2022-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the X day of X 2022, and that thereafter, said ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the X day of X 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

MELISSA AU-YEUNG, CITY CLERK

7.2.1.a
Packet Pg. 104 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2951 : Proposed Ordinance Regarding

4.11.b
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1693452.1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING

CITY OF LAGUNA HILLS ) AND PUBLICATION
MELISSA AU-YEUNG, being first duly sworn, deposes and says:

That she is the duly appointed and qualified City Clerk of the City of Laguna Hills; That in compliance with State Laws of the State of California, ORDINANCE NO. 2022-X, being:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, ADDING CHAPTER 6-44 TO TITLE 6 (PUBLIC

WELFARE) OF THE LAGUNA HILLS MUNICIPAL CODE ESTABLISHING

REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF

CATALYTIC CONVERTERS IN THE CITY
on the X day of X 2022, and on the X day of X 2022, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the X day of X 2022, and the X day of X 2022, caused to be posted in three places in the City of Laguna Hills, to wit:

Laguna Hills City Hall
Laguna Hills Community Center
La Paz Center
_________________________________

MELISSA AU-YEUNG, CITY CLERK
Laguna Hills, California

7.2.1.a
Packet Pg. 105 Attachment: Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City (2951 : Proposed Ordinance Regarding

4.11.b
Packet Pg. 259 Attachment: September 13, 2022 - Introduction of Ordinance Staff Report and Attachments (2962 : Second Reading & Adoption of Ordinance - City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Janice Reyes
Finance Director
ISSUE: Financial Update and Mid-Cycle 2021-2023 Biennial Budget Review RECOMMENDATION: That the City Council receive and file the financial update for the fiscal year ended June 30, 2022 and provide direction to staff on proposed amendments to the fiscal year 2022/2023 adopted budget.

SUMMARY:

Staff has prepared an unaudited financial report for the fiscal year ended June 30, 2022.

The purpose of this report is to provide a fiscal update for Year 1 of the 2021-2023 Biennial Budget (FY 2021/2022). Additionally, staff is seeking direction from City Council on the list of proposed budget amendments to the current FY 2022/2023 budget, included as Attachment E “Proposed FY 2022/2023 Budget Amendments” to this report.

BACKGROUND:

Staff has prepared the following list of unaudited financial reports, as attached, which summarizes the City’s financial performance for fiscal year ended June 30, 2022, for the General Fund, Capital Improvement Program, Debt Service, and other city governmental funds.

Total Budget Summary (Attachment A) – This report provides a detailed comparison of the FY 2021/2022 budget versus year-end revenues and expenditures, for all governmental funds.

7.2.1 Packet Pg. 260
FY 21/22 Financial Update & Mid-Cycle Budget Review
September 27, 2022

Page 2 ends

Capital Improvement Program (Attachment B) – This report provides a comparison of the FY 2021/2022 capital improvement program budget versus year-end expenditures and their funding sources.

Year-End Fund Balance by Fund (Attachment C) – This report provides the unaudited revenues, expenditures, and changes in fund balance, by fund for all governmental funds for the fiscal year ended June 30, 2022.

Financial Policy Reserves (Attachment D) – This report provides a comparison of the FY 2021/2022 budget versus year-end financial reserves. Fund Balances of governmental funds are reported separately within classifications based on a hierarchy of constraints placed on the use of those resources. Fund balances are considered “restricted” if there are externally imposed restrictions on its usage, are considered “assigned” by the City’s intent to be used for specific purposes, e.g. reserves as established in the City’s Financial Policy No. 105, and the residual fund balance remaining is considered “unassigned”.

Additionally, Staff has prepared a list of proposed budget amendments to the current FY 2022/2023 budget, which is included as Attachment E “Proposed FY 2022/2023 Budget Amendments” to this report. The fiscal impact of the proposed amendments to FY 2022/2023, along with appropriations carried over from the first year to the second year of the two-year biennial budget pursuant to the City’s Financial Policy No. 105, is presented in Attachment F “Total Budget Summary FY 2022/2023”.

ATTACHMENTS:
• Attachment A - Total Budget Summary FY 2021/2022
• Attachment B - Capital Improvement Program FY 2021/2022 • Attachment C - Year End Fund Balance by Fund, As of June 30, 2022 • Attachment D - Financial Policy Reserves, As of June 30, 2022 • Attachment E - Proposed Budget Amendments FY 2022/2023 • Attachment F - Total Budget Summary FY 2022/2023

7.2.1 Packet Pg. 261
CITY OF LAGUNA HILLS Attachment A
Fiscal Year Ended June 30, 2022
Total Budget Summary
FY 21/22 FY 21/22 FY 21-22 FY 21-22
Budget Year End $ Variance % Variance
(Under)/Over (Under)/Over
Budget Budget

FUNDING SOURCES
General Fund Revenues
Property Taxes
Secured, Unsecured, Public Utility, $ 8,365,054 $ 8,503,784 $ 2% 138,730 Supplementals, Homeowners' Exemption
Prior Year 84,430 50,580 67% 33,850
Miscellaneous, Interest & Penalties 11,228 22,000 -49% (10,772) Property Transfer Taxes 336,620 250,000 35% 86,620
Property Tax In-Lieu of VLF 3,404,462 3,354,482 1% 49,980 Total Property Taxes 12,340,523 12,042,115 2% 298,408
Franchise & Transient Occupancy Taxes
Utility Franchise Fees
Cable TV 386,651 442,000 -13% (55,349)
San Diego Gas & Electric 204,645 179,000 14% 25,645
Southern California Edison 223,055 177,000 26% 46,055
Southern California Gas Co. 85,064 67,000 27% 18,064
Sub-total Utility Franchise Fees 865,000 899,415 4% 34,415 Waste Disposal/Recycling Fees
Waste Haulers 331,891 320,825 3% 11,066
Admin Fee - Waste Recycling 20,564 20,500 0% 64
Sub-total Waste/Recycling 341,325 352,455 3% 11,130
Transient Occupancy Taxes 1,021,089 800,000 28% 221,089 Total Franchise & Transient Occupancy Tax 2,272,959 2,006,325 13% 266,634 Intergovernmental Revenues
Sales & Use Tax 6,940,812 5,807,432 20% 1,133,380
Motor Vehicle in Lieu 35,897 25,625 40% 10,272
State Mandated Reimbursement - -
County Landfill Agreement 53,732 70,725 -24% (16,993)
Total Intergovernmental Revenues 7,030,440 5,903,782 19% 1,126,658 Licenses and Permits
Building Related Licenses/Permits
Building Permits 537,607 600,000 -10% (62,393)
Plan Check Fees 241,490 200,000 21% 41,490
Imaging Plans and Documents Fee 43,518 40,000 9% 3,518
Sub-total Building Permits 840,000 822,614 -2% (17,386) #DIV/0! Engineering Fees
Transportation Permit 1,362 1,500 -9% (138)
Encroachment Permit 232,929 175,000 33% 57,929
Traffic Permit & License Fees 6,690 2,000 235% 4,690
Sub-total Engineering Permits 178,500 240,981 35% 62,481 Total Licenses and Permits 1,063,595 1,018,500 4% 45,095

Page 1 of 5 ends

7.2.1.a
Packet Pg. 262 Attachment: Attachment A - Total Budget Summary FY 2021/2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) CITY OF LAGUNA HILLS Attachment A
Fiscal Year Ended June 30, 2022
Total Budget Summary
FY 21/22 FY 21/22 FY 21-22 FY 21-22
Budget Year End $ Variance % Variance
(Under)/Over (Under)/Over
Budget Budget
Charges for Current Services
Recreation Fees
Recreation Programs 99,761 220,365 -55% (120,604)
Facility Reservations 121,648 135,900 -10% (14,252)
Outdoor Facility Reservations 40,950 63,450 -35% (22,500) Special Events - 4th of July - -
Memorial Day Race - Registration Fees 165,799 174,800 -5% (9,001) Memorial Day Race - Sponsorships 3,500 29,000 -88% (25,500) Sub-total Recreation Fees 623,515 431,658 -31% (191,857) Development Services
Planning and Zoning Fees 110,527 75,000 47% 35,527
Planning Fees - MGP Development Applic. 64,314 64,314
Improvement Inspect 48,703 35,000 39% 13,703
Sub-total Development Fees 110,000 223,544 103% 113,544 Leases and Rental Fees
Cell Tower Lease 120,962 115,500 5% 5,462
Library Lease 42,000 42,000 0% -
Sub-total Leases/Rentals 157,500 162,962 3% 5,462
Other Service Charges
Sale of Publications/Maps 834 - 834
Sub-total Other Service Charges - 834 834
Miscellaneous Operating Revenues 142,014 200,000 -29% (57,986) Total Charges for Services 961,012 1,091,015 -12% (130,003) Fines and Forfeitures
Code Fines 105,033 100,000 5% 5,033
Parking Fines 68,421 75,000 -9% (6,579) #DIV/0!
Total Fines and Fortfeitures 173,454 175,000 -1% (1,546) Total General Fund Revenues $ 22,236,737 $ 23,841,984 $ 7% 1,605,247 #DIV/0!

Page 2 of 5 ends

7.2.1.a
Packet Pg. 263 Attachment: Attachment A - Total Budget Summary FY 2021/2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) CITY OF LAGUNA HILLS Attachment A
Fiscal Year Ended June 30, 2022
Total Budget Summary
FY 21/22 FY 21/22 FY 21-22 FY 21-22
Budget Year End $ Variance % Variance
(Under)/Over (Under)/Over
Budget Budget
Special Revenues & Other Funding Sources
CIP Funding Sources
Gas Tax $ 766,768 $ 736,266 $ -4% (30,502)
SB1 RMRA 627,548 605,278 4% 22,270
Measure M2 Competitive 35,000 200,000 -83% (165,000)
AB 2766 39,857 40,000 0% (143)
Proposition 68 200,000 -100% (200,000)
County of Orange - Clerk Recorder Office 218,713 218,713 Total CIP Funding Sources 1,657,384 1,812,046 -9% (154,662) Measure M2 Local Fair Share 731,430 576,042 27% 155,388 Private Donations & Various Sponsorships 9,859 9,859
Housing Element Update Grants 275,000 -100% (275,000)
Hazard Mitigation Plan FEMA Grant 10,652 30,000 -64% (19,348) Law Enforcement 161,285 150,000 8% 11,285
SB 1383 Grant Funds 44,821 44,821
Beverage Recycling 8,022 8,022
CR&R Recycling Fee 2,000 110,000 -98% (108,000)
C&D Forfeited Deposits 82,011 100,000 -18% (17,989)
Senior Mobility Program 47,358 38,970 22% 8,388
CASp 5,706 5,000 14% 706
CARES Act - State EDD 3,609 3,609
American Rescue Plan Act 3,732,689 3,732,689 0% -
VALH - MGP Development Application 451,143 451,143
Total Special Revenues & Other Funding $ 6,829,747 $ 6,947,970 $ 2% 118,223 #DIV/0! Investment Income 46,143 100,000 -54% (53,857)
TOTAL FUNDING SOURCES $ 29,166,484 $ 30,836,097 $ 6% 1,669,613

Page 3 of 5 ends

7.2.1.a
Packet Pg. 264 Attachment: Attachment A - Total Budget Summary FY 2021/2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) CITY OF LAGUNA HILLS Attachment A
Fiscal Year Ended June 30, 2022
Total Budget Summary
FY 21/22 FY 21/22 FY 21-22 FY 21-22
Budget Year End $ Variance % Variance
(Under)/Over (Under)/Over
Budget Budget

FUNDING USES
General Fund
General Government
Personnel $ 1,945,753 $ 1,754,128 $ -10% (191,625)
Maintenance and Operation 149,786 223,065 -33% (73,279) Contract Services 597,109 601,470 -1% (4,361)
Total General Government 2,501,022 2,770,288 -10% (269,266) Non-departmental
Personnel 518,124 529,890 -2% (11,766)
Maintenance and Operation 749,151 761,543 -2% (12,392)
Contract Services 206,050 249,117 -17% (43,067)
Capital Outlay 63,991 52,200 23% 11,791
Total Non-departmental 1,537,316 1,592,750 -3% (55,434) Community Development
Personnel 683,457 866,342 -21% (182,886)
Maintenance and Operation 7,570 12,350 -39% (4,780)
Contract Services 619,607 645,000 -4% (25,393)
Total Community Development 1,310,633 1,523,692 -14% (213,059) Public Works
Personnel 753,396 703,966 7% 49,430
Maintenance and Operation 1,215,598 1,048,250 16% 167,348 Contract Services 2,878,519 3,034,500 -5% (155,981)
Capital Outlay - -
Total Public Works 4,847,514 4,786,716 1% 60,798
Community Services
Personnel 999,465 1,102,088 -9% (102,623)
Maintenance and Operation 650,535 600,770 8% 49,765
Contract Services 270,401 332,730 -19% (62,329)
Capital Outlay 674 1,500 -55% (826)
Total Community Services 1,921,076 2,037,088 -6% (116,012) Public Safety
Maintenance and Operation 60,385 53,900 12% 6,485
Contract Services 8,932,283 9,366,514 -5% (434,231)
COVID-19 Emergency Management
Capital Outlay 38,331 50,000 -23% (11,669)
Total Public Safety 9,031,000 9,470,414 -5% (439,414)
Total General Fund Expenditures $ 22,180,948 $ 21,148,560 $ -5% (1,032,388) #DIV/0!

Page 4 of 5 ends

7.2.1.a
Packet Pg. 265 Attachment: Attachment A - Total Budget Summary FY 2021/2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) CITY OF LAGUNA HILLS Attachment A
Fiscal Year Ended June 30, 2022
Total Budget Summary
FY 21/22 FY 21/22 FY 21-22 FY 21-22
Budget Year End $ Variance % Variance
(Under)/Over (Under)/Over
Budget Budget
Capital Improvement Program (CIP)
Streets, Signals & Lighting $ 3,000,000 $ 2,693,851 $ -10% (306,149) Flood Control and Water Quality 226,028 500,000 -55% (273,972) Parks 24,276 290,000 -92% (265,724)
Public Facilities 386,731 169,100 129% 217,631
Trails and Open Spaces 69,338 200,000 -65% (130,663)
Total CIP $ 4,159,100 $ 3,400,224 $ -18% (758,876)
Special Revenue Expenditures
AB 2766 $ 50,000 $ 57,520 $ 15% 7,520
CASp 5,000 -100% (5,000)
Beverage Recycling 18,935 19,900 -5% (965)
CR&R Recycling Fee 117,000 -100% (117,000)
C&D Forfeited Deposits 168,052 130,000 29% 38,052
Senior Mobility 8,242 54,230 -85% (45,988)
CARES Act - State EDD 3,609 3,609
VALH - MGP Development Application 451,143 451,143
Total Special Revenue Expenditures $ 376,130 $ 707,502 $ 88% 331,372 Debt Service
Interest $ 127,881 $ 127,881 $ 0% 0
Principle 1,670,000 1,670,000 0% -
Trustee Administration Fee 2,041 2,040 0% 1
Total Debt Service Expenditures $ 1,799,921 $ 1,799,922 $ 0% 1 Use of Reserves 67,545 50,000 35% 17,545
TOTAL FUNDING USES $ 28,566,099 $ 27,123,753 $ -5% (1,442,346) NET CHANGE IN FUND BALANCE 3,712,345 600,385 518% 3,111,959

FUND BALANCE
Beginning Balance, July 1 14,530,351 13,118,079 11% 1,412,272 Ending Balance, June 30 $ 13,718,464 $ 18,242,696 $ 33% 4,524,232

Page 5 of 5 ends

7.2.1.a
Packet Pg. 266 Attachment: Attachment A - Total Budget Summary FY 2021/2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review)

CITY OF LAGUNA HILLS
CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2021-22
Expenditure Funding Source Expenditure Funding Source

CAPITAL IMPROVEMENT PROJECT

STREETS, SIGNALS & LIGHTING
CIP 101 Annual Street Maintenance 2 - ,900,000 GF 2 GF ,664,626 Gas Tax HUTA 1 1,600,000 Gas Tax HUTA ,452,956 Gas Tax RMRA 1 1,300,000 Gas Tax RMRA ,211,670 CIP 168 Traffic Signal Coordination 100 100 ,000 Gas Tax HUTA 29 ,000 29 ,225 Gas Tax HUTA ,225 TOTAL STREETS, SIGNALS & LIGHTING 3 3 ,000,000 2 ,000,000 2 ,693,851 ,693,851

PARK CAPITAL IMPROVEMENTS
CIP 237 Parks Refurbishment Project 240,000 40,000 GF 1,933 1,933 GF Prop 68 Prop 68 200,000
CIP 238 Community Ctr & Sports Complex Field Renovations 50,000 50,000 GF 22,344 22,344 GF TOTAL PARK CAPITAL IMPROVEMENTS 290 290 ,000 24 ,000 24 ,276 ,276

FLOOD CONTROL
CIP 403 Storm Drain/Slope Repairs 50 50,000 ,000 Capital Reserve Fund 73 73,188 ,188 Capital Reserve Fund CIP 410 NPDES / Water Quality 200 200,000 ,000 GF 152 152,840 ,840 GF CIP 412 Water Quality (2) Improvements 50 250,000 ,000 GF Measure M Com 200,000 p
TOTAL FLOOD CONTROL 500 500,000 226 ,000 226 ,028 ,028

PUBLIC FACILITIES
CIP 505 Civic Center Renovations 104 54 ,400 ,400 AB 2766 61 61 ,065 ,065 AB 2766 Ca 50,000 pital Reserve Capital Reserve
CIP 555 Civic Center Tenant Improvements GF 218 GF ,713 Count 218,713 y Clerk Recorder
CIP 513 Community Center Renovations 9 Ca ,700 pital Reserve 4 Ca ,800 pital Reserve GF 4 9,700 GF ,800
CIP 517 El Toro Rd Bus Shelter @ PDV 1 36,633 GF ,633
OCTA 35,000
CIP 518 Automated License Plate Readers 55 55 ,000 GF 55 ,000 55 ,000 GF ,000CIP 519 Holiday Pavilion Landscape 10 10,521 GF ,521 TOTAL PUBLIC FACILITIES 169 169 ,100 386 ,100 386 ,731 ,731

TRAILS & OPEN SPACE
CIP 622 Luna Bonita Slope Renovations 200,000 200,000 GF 69,338 69,338 GF TOTAL TRAILS & OPEN SPACE 200 200 ,000 69 ,000 69 ,338 ,338 GRAND TOTAL 4,159,100 4,159,100 3,400,224 3,400,224
604,700 General Fund 318,408 General Fund
1,700,000 Gas Tax 1,482,181 Gas Tax
1,300,000 Gas Tax RMRA 1,211,670 Gas Tax RMRA
100,000 Capital Reserve Fund 73,188 Capital Reserve Fund 200,000 Meas M Comp - Meas M Comp
54,400 AB 2766 61,065 AB 2766
- OCTA 35,000 OCTA
200,000 Prop 68 - Prop 68
- County Clerk Recorder 218,713 County Clerk Recorder
Total 3,400,224 4,159,100 Total
Summary of Summary of
CURRENT BUDGET YEAR-END As of 06/30/2022
Funding Sources Funding Sources

7.2.1.b
Packet Pg. 267
Attachment: Attachment B - Capital Improvement Program FY 2021/2022 (2968 : FY 21/22 Financial Update Beginning Ending
Balance Revenues Expenditures Transfers In Transfers Out Balance General Fund (a) $ 7,704,006 $ 22,336,737 $ 22,230,948 $ 105,789 $ 8,471,797 $ 5,850,767 $ 10,430,825 Gas Tax Fund (HUTA & RMRA) 1,372,046 1,495,505 1,372,046 3,000,000 (132,449) Measure M Fund 776,042 - 776,042 776,042 -
AB 2766 Fund 40,000 249,223 50,000 (10,000) 239,223
Senior Mobility Program Fund 38,970 110,435 54,230 (15,260) 10,846 106,021 CARITS Fund - 1,272,384 1,272,384
Beverage Recycling Fund 19,900 19,961 (19,900) 61
CR&R Recycling Fund 110,000 7,041 117,000 (7,000) 41
C&D Forfeited Deposits Fund 100,000 68,795 130,000 (30,000) 38,795 SB 1383 - - -
CASp 5,000 15,187 5,000 - 15,187
Water Conservation Fund - 342,437 342,437
CARES Act - - -
ARPA SLFRF 3,732,689 (126,919) 3,732,689 2,632,255 973,515 Public Art Fund - 71,948 71,948
Grants & Contributions Fund 505,000 88,155 505,000 505,000 88,155 Law Enforcement COPS/Brulte 150,000 - 150,000 150,000 - Debt Service Fund 1,799,921 1,799,921 (1,799,921) 1,799,921 1,408,500 391,421 Capital Improvement Program Fund 4,159,100 - (4,159,100) 4,040,000 (119,100) Total - All Funds $ 13,118,079 $ 29,166,484 $ 28,566,099 $ 600,385 $ 14,322,564 $ 14,322,564 $ 13,718,464 General Fund (a) $ 8,826,578 $ 24,332,313 $ 21,667,248 $ 2,665,065 $ 7,789,026 $ 5,332,120 $ 13,948,549 Gas Tax Fund (HUTA & RMRA) 1,363,814 1,565,525 1,363,814 2,693,850 235,489 Measure M Fund 766,430 - 766,430 766,430 -
AB 2766 Fund 39,857 304,848 57,520 (17,663) 61,065 226,120 Senior Mobility Program Fund 47,358 128,302 8,242 39,116 1,648 169,066 CARITS Fund - 1,272,825 1,272,825
Beverage Recycling Fund 8,022 19,430 18,935 (10,913) 8,517 CR&R Recycling Fund 2,000 7,043 2,000 9,043
C&D Forfeited Deposits Fund 82,011 71,151 168,052 (86,041) (14,890) SB 1383 44,821 44,821 44,821
CASp 5,706 21,023 5,706 26,729
Water Conservation Fund - 342,555 342,555
CARES Act 3,609 - 3,609 - -
ARPA SLFRF 3,732,689 - 3,732,689 3,732,689 -
Public Art Fund - 71,973 - - 71,973
Grants & Contributions Fund 239,224 88,185 239,224 236,279 91,130 Law Enforcement COPS/Brulte 161,285 - 161,285 161,285 - Debt Service Fund 6,957 1,810,912 1,799,922 (1,792,965) 1,792,821 1,810,768 Capital Improvement Program Fund 3,400,224 - (3,400,224) 3,400,224 - Total - All Funds $ 14,530,350 $ 30,836,096 $ 27,123,752 $ 3,712,344 $ 12,983,719 $ 12,983,718 $ 18,242,695 (a) Includes Reserves

CITY OF LAGUNA HILLS
Revenues, Expenditures, and Changes in Fund Balance by Fund Governmental Funds
Budget
year-end
Excess (Deficiency)
of Revenues
over Expenditures
Fiscal Year Ended June 30, 2022

7.2.1.c
Packet Pg. 268 Attachment: Attachment C - Year End Fund Balance by Fund, As of June 30, 2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Attachment D

CITY OF LAGUNA HILLS

FINANCIAL POLICY RESERVES
For the Fiscal Year Ended June 30, 2022
FY 21/22 FY 21/22 FY 21-22 FY 21-22
Budget Year End $ Variance % Variance
(Under)/Over (Under)/Over
Budget Budget
1 BEGINNING TOTAL FUND BALANCE $13,118,078 $14,530,351 $1,412,273 11% 2 General Fund Revenues 22,236,737 23,841,984 1,605,247 7% 3 Special Revenues 5,240,615 6,055,255 814,640 16% 4 Other Funding Sources 1,689,132 938,858 (750,274) -44% 5 TOTAL REVENUES $29,166,484 $30,836,097 $1,669,613 6% 6 Operating Expenditures 22,180,948 21,148,560 (1,032,388) -5% 7 Capital Expenditures 4,159,100 3,400,224 (758,876) -18% 8 Other Funding Uses 376,130 707,502 331,372 88% 10 Use of Insurance Reserve Funds 50,000 67,545 17,545 35% 11 Debt Service 1,799,921 1,799,9221 0%
12 TOTAL EXPENDITURES $28,566,099 $27,123,753 ($1,442,346) -5% 13 Change in Total Fund Balance 600,385 3,712,345 3,111,959 518% 14 Ending Total Fund Balance $13,718,464 $18,242,696 $4,524,233 33% 15 Less the Following Fund Balances:
16 Reservation for Debt Service (391,421) (1,810,768) (1,419,347) 363% 17 Non-Major Governmental Funds (3,015,318) (2,483,378) 531,940 -18% 18 Unrestricted General Fund Balance $10,311,725 $13,948,550 $3,636,826 35% Less the Following Designations:
19 Capital Replacement Funds (655,659) (655,659)
20 Insurance Reserve Funds (200,000) (200,000)
21 Unassigned General Fund Balance 9,456,066 13,092,891 3,636,826 38%

7.2.1.d
Packet Pg. 269 Attachment: Attachment D - Financial Policy Reserves, As of June 30, 2022 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review)

CITY OF LAGUNA HILLS

PROPOSED BUDGET AMENDMENTS
FISCAL YEAR 2022-2023 - OPERATING BUDGET
Dept Acct No. Account Description
FY 2022-2023

CURRENT
BUDGET
Proposed Budget
Adjustments
(+/-)
FY 2022-2023

PROPOSED

AMENDED
BUDGET
Department: 155 - GENERAL GOVERNMENT
100-155-700010 Legal Services-General Counsel 310,000 90,000 400,000 100-155-700020 Professional Services - Legislative 34,800 (22,800) 12,000 100-155-700051 Professional Services - Annual Financial Audit 33,250 20,000 53,250 100-155-720030 General Municipal Election Services 25,000 15,000 40,000 Sub-total 102,200
Department: 195 - NON-DEPARTMENTAL
100-195-611000 Training and Education 8,500 8,500
100-195-641200 Rent/Lease - Copier 13,500 5,000 18,500
100-195-690000 General Liability Loss Coverage 441,426 (16,660) 424,766 100-195-690050 Employment Practices Liability Loss Coverage 15,325 (2,238) 13,087 100-195-690100 Property Loss Coverage 95,257 14,892 110,149 100-195-690150 Earthquake Loss Coverage 42,857 7,634 50,491 100-195-690200 Commercial Crime Loss Coverage 4,408 (434) 3,974 100-195-690300 Insurance Administration 48,271 5,698 53,969 100-195-720050 Contract Services - Software Support 142,963 - 142,963 100-195-940000 Computer Hardware & Software 21,700 85,658 107,358 Sub-total 99,550
Department: 225 - COMMUNITY DEVELOPMENT
100-225-613100 Vehicle Expense - Fuel - 1,500 1,500
100-225-700201 Plan Application 25,000 25,000 50,000
100-225-700225 Housing Element - 100,000 100,000
100-225-700226 Rezone & Enviromental - 250,000 250,000
100-225-700227 Objective Design Standards - 100,000 100,000 Sub-total 476,500
Department: 310 - COMMUNITY SERVICES
100-310-632500 Utilities - Gas Comm Ctr 1,500 1,000 2,500 100-310-641000 Rent/Lease - Equipment 2,900 8,000 10,900 100-310-662000 Merchant Credit Card Processing Service Fees 15,534 5,000 20,534 100-310-695500 Special Events - Program Services 138,750 25,000 163,750 100-310-695501 Day Camps & Build A Fort 17,900 - 17,900 100-310-695504 Displays, Exhibits & Educational Programs 500 15,000 15,500 100-310-695508 July Fourth Celebration 63,450 15,000 78,450 100-310-695530 City Anniversary Program - 1,000 1,000
100-310-695531 Heritage Day - 60,000 60,000
100-310-720302 Contract Services - Homelessness 26,130 33,731 59,861 100-310-721505 Contract Services- Janitorial & Sanitation 148,600 11,400 160,000 100-310-910500 Equipment & Machinery - Community Center 1,500 166,000 167,500 Sub-total 341,131
Department: 355 - PUBLIC WORKS
100-355-610000 Memberships and Dues Expense 2,800 600 3,400 100-355-611000 Training and Education 10,000 (5,000) 5,000 100-355-613100 Vehicle Expense - Fuel 4,500 500 5,000
100-355-622000 Operating Supplies 12,000 10,000 22,000
100-355-623000 Printing 3,000 (1,500) 1,500
100-355-630000 Telephone & Communication 500 (250) 250
100-356-630000 Telephone & Communiction - MOE - 250 250 100-355-631400 Electricity - Street Lights/Signals 450,000 (450,000) - 100-356-631400 Electricity - Streetlights & Signals - MOE - 450,000 450,000 100-355-631900 Utilities - Electric - On Bill Financing 90,000 (90,000) -

Page 1 of 2 ends

7.2.1.e
Packet Pg. 270
Attachment: Attachment E - Proposed Budget Amendments FY 2022/2023 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review)

CITY OF LAGUNA HILLS

PROPOSED BUDGET AMENDMENTS
FISCAL YEAR 2022-2023 - OPERATING BUDGET
Dept Acct No. Account Description
FY 2022-2023

CURRENT
BUDGET
Proposed Budget
Adjustments
(+/-)
FY 2022-2023

PROPOSED

AMENDED
BUDGET
100-356-63190 Utilities - Electric - On Bill Financing - MOE 90,000 90,000 100-355-635000 Utilities - Water 375,000 125,000 500,000 100-355-640000 Rent/Lease - Facility 7,000 2,012 9,012
100-355-700100 City Engineer Services 35,000 (35,000) - 100-355-700101 Traffic Engineer Services 50,000 (50,000) - 100-356-700101 Traffic Engineer Services - MOE - 65,000 65,000 100-355-700250 On-Call Engineer Services 2,500 7,500 10,000 100-355-700255 Improvement Inspection 155,000 45,000 200,000 100-355-720400 Street Maintenance 600,000 (125,000) 475,000 100-355-720401 Other Public Works Maintenance 125,000 125,000 100-355-720410 Street Sweeping 215,000 215,000
100-355-720420 Traffic Signal Maintenance 180,000 (180,000) - 100-356-720420 Traffic Signal Maintenance - MOE - 120,000 120,000 100-355-720500 Graffiti Removal 85,000 35,000 120,000
100-355-720700 Landscape Maintenance Contract 1,225,000 75,000 1,300,000 Sub-total 214,112
Department: 420 - PUBLIC SAFETY
100-420-720800 General Law Enforcement 9,651,658 - 9,651,658 100-420-720850 Private Security Patrol - 50,000 50,000
Sub-total 50,000
TOTAL 1,283,493

Page 2 of 2 ends

7.2.1.e
Packet Pg. 271
Attachment: Attachment E - Proposed Budget Amendments FY 2022/2023 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) Attachment F

CITY OF LAGUNA HILLS
Total Budget Summary - Current vs Proposed
Fiscal Year 2022-2023
FY 22/23 Carry Over FY 22/23
Current from prior Proposed Proposed
Budget FY 2021/22 Amendments Amended
Budget

FUNDING SOURCES
General Fund Revenues
Property Taxes
Secured, Unsecured, Public Utility, $ 8,587,564 $ 8,587,564 Supplementals, Homeowners' Exemption
Prior Year 50,580 50,580
Miscellaneous, Interest & Penalties 22,000 22,000
Property Transfer Taxes 250,000 250,000
Property Tax In-Lieu of VLF 3,443,711 3,443,711
Total Property Taxes - 12,353,855 - 12,353,855
Franchise & Transient Occupancy Taxes
Utility Franchise Fees
Cable TV 453,050 453,050
San Diego Gas & Electric 183,475 183,475
Southern California Edison 181,425 181,425
Southern California Gas Co. 68,675 68,675
Sub-total Utility Franchise Fees - 886,625 - 886,625
Waste Disposal/Recycling Fees
Waste Haulers 328,846 328,846
Admin Fee - Waste Recycling 21,013 21,013
Sub-total Waste/Recycling - 349,858 - 349,858
Transient Occupancy Taxes 1,000,000 1,000,000
Total Franchise & Transient Occupancy Tax - 2,236,483 - 2,236,483 Intergovernmental Revenues
Sales & Use Tax 5,952,618 5,952,618
Motor Vehicle in Lieu 26,266 26,266
County Landfill Agreement 72,493 72,493
Total Intergovernmental Revenues - 6,051,377 - 6,051,377 Licenses and Permits
Building Related Licenses/Permits
Building Permits 600,000 600,000
Plan Check Fees 200,000 200,000
Imaging Plans and Documents Fee 40,000 40,000
Sub-total Building Permits - 840,000 - 840,000
Engineering Fees
Transportation Permit 1,500 1,500
Encroachment Permit 175,000 175,000
Traffic Permit & License Fees 2,000 2,000
Sub-total Engineering Permits - 178,500 - 178,500
Total Licenses and Permits - 1,018,500 - 1,018,500

Page 1 of 4 ends

7.2.1.f
Packet Pg. 272 Attachment: Attachment F - Total Budget Summary FY 2022/2023 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) Attachment F

CITY OF LAGUNA HILLS
Total Budget Summary - Current vs Proposed
Fiscal Year 2022-2023
FY 22/23 Carry Over FY 22/23
Current from prior Proposed Proposed
Budget FY 2021/22 Amendments Amended
Budget
Charges for Current Services
Recreation Fees
Recreation Programs 293,820 293,820
Facility Reservations 192,525 192,525
Outdoor Facility Reservations 74,650 74,650
Special Events - 4th of July 5,000 5,000
Memorial Day Race - Registration Fees 178,300 178,300
Memorial Day Race - Sponsorships 29,000 29,000
Sub-total Recreation Fees - 773,295 - 773,295
Development Services
Planning and Zoning Fees 50,000 50,000
Improvement Inspect 35,000 35,000
Sub-total Development Fees 85,000 - - 85,000
Leases and Rental Fees
Cell Tower Lease 115,500 115,500
Library Lease 42,000 42,000
Sub-total Leases/Rentals - 157,500 - 157,500
Miscellaneous Operating Revenues 150,000 150,000
Total Charges for Services - 1,165,795 - 1,165,795
Fines and Forfeitures
Code Fines 102,500 102,500
Parking Fines 76,875 76,875
Total Fines and Fortfeitures - 179,375 - 179,375
Total General Fund Revenues $ 23,005,385 - - $ 23,005,385 Special Revenues & Other Funding Sources
CIP Funding Sources
Gas Tax $ 779,803 $ 779,803
SB1 RMRA 622,831 622,831
Measure M2 Competitive 200,000 200,000
AB 2766 40,000 40,000
Proposition 68 200,000 200,000
Total CIP Funding Sources 400,000 1,442,634 - 1,842,634 Measure M2 Local Fair Share 593,590 593,590
Law Enforcement 150,000 150,000
Beverage Recycling 9,000 9,000
CR&R Recycling Fee 110,000 110,000
C&D Forfeited Deposits 100,000 100,000
Senior Mobility Program 40,909 40,909
CASp 5,000 5,000
American Rescue Plan Act 3,732,689 3,732,689

Total Special Revenues & Other Funding $ 6,183,822 400,000 - $ 6,583,822 Investment Income - 100,000 - 100,000
TOTAL FUNDING SOURCES $ 400,000 29,289,207 - $ 29,689,207

Page 2 of 4 ends

7.2.1.f
Packet Pg. 273 Attachment: Attachment F - Total Budget Summary FY 2022/2023 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) Attachment F

CITY OF LAGUNA HILLS
Total Budget Summary - Current vs Proposed
Fiscal Year 2022-2023
FY 22/23 Carry Over FY 22/23
Current from prior Proposed Proposed
Budget FY 2021/22 Amendments Amended
Budget

FUNDING USES
General Fund
General Government
Personnel $ 2,020,063 $ 2,020,063
Maintenance and Operation 212,140 212,140
Contract Services 102,200 649,470 751,670
Total General Government - 2,881,673 102,200 2,983,873
Non-departmental
Personnel 580,695 580,695
Maintenance and Operation 5,000 779,576 13,892 798,468
Contract Services 20,000 199,963 219,963
Capital Outlay 31,700 85,658 117,358
Total Non-departmental 25,000 1,591,934 99,550 1,716,484 Community Development
Personnel 919,263 919,263
Maintenance and Operation 11,850 1,500 13,350
Contract Services 475,000 520,000 995,000
Total Community Development - 1,451,113 476,500 1,927,613 Public Works
Personnel 871,084 871,084
Maintenance and Operation 221,612 1,078,550 1,300,162
Contract Services 19,374 3,082,500 82,500 3,184,374
Capital Outlay 20,000 20,000
Total Public Works 19,374 5,052,134 304,112 5,375,620
Community Services
Personnel 1,259,757 1,259,757
Maintenance and Operation 3,000 692,924 130,000 825,924 Contract Services 45,131 357,730 402,861
Capital Outlay 4,500 166,000 170,500
Total Community Services 3,000 2,314,911 341,131 2,659,042 Public Safety
Maintenance and Operation 61,900 61,900
Contract Services 451,557 10,044,251 50,000 10,545,808
COVID-19 Emergency Management -
Capital Outlay 7,000 7,000
Total Public Safety 451,557 10,113,151 50,000 10,614,708 Total General Fund Expenditures $ 23,404,916 498,931 1,373,493 $ 25,277,340

Page 3 of 4 ends

7.2.1.f
Packet Pg. 274 Attachment: Attachment F - Total Budget Summary FY 2022/2023 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) Attachment F

CITY OF LAGUNA HILLS
Total Budget Summary - Current vs Proposed
Fiscal Year 2022-2023
FY 22/23 Carry Over FY 22/23
Current from prior Proposed Proposed
Budget FY 2021/22 Amendments Amended
Budget
Capital Improvement Program (CIP)
Streets, Signals & Lighting $ 100,000 306,148 $ 406,148 Flood Control and Water Quality 250,000 200,000 450,000 Parks 265,724 525,000 790,724
Public Facilities 4,900 250,000 254,900
Trails and Open Spaces - -
Total CIP $ 1,075,000 826,772 - $ 1,901,772
Special Revenue Expenditures
AB 2766 $ 50,000 $ 50,000
CASp 5,000 5,000
Beverage Recycling 9,061 9,061
CR&R Recycling Fee 109,000 109,000
C&D Forfeited Deposits 130,000 130,000
Senior Mobility 54,230 54,230
CARES Act - State EDD -
VALH - MGP Development Application -
Total Special Revenue Expenditures $ 357,291 - - $ 357,291 Debt Service
Interest $ 44,381 $ 44,381
Principle 345,000 345,000
Trustee Administration Fee 2,040 2,040
Total Debt Service Expenditures $ 391,421 - - $ 391,421 Use of Reserves 50,000 50,000
TOTAL FUNDING USES $ 25,278,628 1,325,703 1,373,493 $ 27,977,824 NET CHANGE IN FUND BALANCE (925,703) 4,010,579 (1,373,493) 1,711,383

FUND BALANCE
Beginning Balance, July 1 18,242,696 18,242,696
Ending Balance, June 30 $ 22,253,275 $ 19,954,079

Page 4 of 4 ends

7.2.1.f
Packet Pg. 275 Attachment: Attachment F - Total Budget Summary FY 2022/2023 (2968 : FY 21/22 Financial Update & Mid-Cycle Budget Review) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 27, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Short-Term Rentals
RECOMMENDATION: That the City Council direct staff regarding regulatory options for short-term rentals.

SUMMARY:

Short-term rentals (STRs) were discussed by the City Council at its June 28, 2022, meeting, with ten Nellie Gail Ranch residents complaining about a house party causing a nuisance on June 18, 2022, at 25166 Rockridge Road. The City Council directed staff to research the issue and explore options to regulate STRs. Staff surveyed neighboring cities and learned a majority of them do not allow STRs. Staff also hired STR compliance consultant Rentalscape, which determined there are currently 29 active STRs operating in the City, including nine STRs where only a room or portion of the property is rented, with the remainder occupied by the homeowner, and 20 STRs where the entire dwelling is rented. There are four regulatory options to address STRs, the City Council may elect to allow, prohibit, regulate, or regulate and tax STRs.

BACKGROUND:

Short-term rentals (STRs) are residential properties, or portions thereof, that are rented for transient occupancy of 30 or fewer days. At the regular City Council meeting on June 28, 2022, Mayor Wheeler introduced Agenda Item 8.1.1, Short-Term Rentals, and invited the public to address the City Council on the item. Ten members of the public spoke in opposition to STRs, primarily homeowners within the Nellie Gail Ranch estate residential community living in proximity to 25166 Rockridge Road, an STR that was

7.3.1 Packet Pg. 276
Short-Term Rentals
September 27, 2022

Page 2 ends

used as a party house on June 18, 2022. Following public testimony and City Council discussion, the Council directed staff to research and explore options to regulate STRs.

Staff provided an update to the City Council on August 23, 2022 (see Staff report and meeting minutes in Attachments 1 and 2, respectively).

DISCUSSION:

Regulatory Options
A confidential City Attorney memo was provided to the City Council detailing issues and concerns related to STRs. In summary, there are four regulatory options available to the City Council:

1. Allow STRs. This option maintains the status quo position wherein the City does not regulate STRs, no permits are granted and no transient occupancy tax (TOT) is collected.

2. Ban/Prohibit STRs. A ban would prohibit STRs, either City-wide or in specific sections of the City. A ban could also be applied to different types of STRs, such as STRs where the entire property is rented, compared to STRs occupied by the property owner, where typically only a room or minority portion of the home or property is rented.

3. Regulate STRs. This option would permit STRs under certain conditions, and in accordance with specific criteria, included and considered as part of an STR permit process.

4. Regulate and Tax STRs. In addition to an STR permit process, the City would collect transient occupancy tax (TOT), a 10% City tax applicable to all transient occupancy stays within the City.

City Survey
Staff researched how other cities currently address STRs. Four neighboring cities have banned STRs, including: Aliso Viejo in 2015; Lake Forest in 2017; Laguna Niguel in 2017; and Irvine in 2018. Dana Point and Anaheim prohibit new STRs, but existing STRs are allowed to continue operating until the owner elects to cease operations, or until the property is sold. Dana Point and Anaheim collect TOT for the existing STRs.

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Short-Term Rentals
September 27, 2022

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Similar to Laguna Hills, Mission Viejo allows STRs with no permit process. Newport Beach also allows STRs, but caps the total number of allowed STRs at 1,550, with a waitlist established if and when the maximum number is realized. Newport Beach requires a permit process and collects TOT for all STRs.

Laguna Hills Short-Term Rentals
To better understand the scope and scale of STRs in Laguna Hills, staff engaged Rentalscape, an STR compliance consultant. According to the Rentalscape data, there is currently a total of 29 STRs located in Laguna Hills. Eight of the STRs are single rooms available for rent within a home occupied by the homeowner or tenant. One of the STRs is a detached accessory structure located on a property with the primary dwelling occupied by the homeowner. One of the STRs is an apartment home, two of the STRs are townhomes, and 17 of the STRs are single-family homes.

A total of 14 of the STRs are located in communities with no homeowner’s association or property management. Eight of the STRs are located within the Nellie Gail Ranch community, three of the STRs are located within the Laguna Village townhome community in North Laguna Hills, one of the STRs is located in the Crestline townhome community at Moulton and Alicia Parkways, and one STR is located in the Quail Creek condominium community at Moulton Parkway and La Paz Road. One of the STRs is located in the Alicia Plaza apartment community at Paseo de Valencia and Laguna Hills Drive, and one STR is located in the Reata apartment building in Oakbrook Village. A location map is provided as Attachment 3.

The Orange County Sheriff’s Department reports that, since January 2018, calls for service, typically for a Loud Party, were made for ten of the City’s 29 STRs, with repeat calls for four of the ten.

ATTACHMENTS:
• Attachment 1- August 23, 2022 City Council Staff Report • Attachment 2- August 23, 2022, City Council Meeting Minutes • Attachment 3- Map of Short Term Rentals in Laguna Hills

7.3.1 Packet Pg. 278
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: August 23, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Short-Term Rentals
RECOMMENDATION: That the City Council receive the staff report and direct staff to continue researching Short-Term Rentals, returning to the City Council for discussion at a later date.

SUMMARY:

Short Term Rentals (STRs) were discussed by the City Council at its June 28, 2022, meeting, with ten residents complaining about a house party causing a nuisance on June 18, 2022, at 25166 Rockridge Road. The City Council directed staff to research the issue and explore options to regulate STRs. This report provides a brief update summarizing Staff’s ongoing effort. Staff will return to the Council at a later date for a full discussion regarding STRs.

BACKGROUND:

At the regular City Council meeting on June 28, 2022, Mayor Wheeler introduced Agenda Item 8.1.1, Short-Term Rentals, and invited the public to address the City Council on the item. Ten members of the public spoke in opposition to short term rentals (STRs), primarily homeowners within the Nellie Gail Ranch estate residential community living in proximity to 25166 Rockridge Road, where an STR was used as a party house on June 18, 2022.

Following public testimony and City Council discussion, the Council moved “A motion to direct staff to research and explore options to regulate short term rentals and

7.3.1.a
Packet Pg. 279 Attachment: Attachment 1- August 23, 2022 City Council Staff Report (2969 : Short-Term Rentals) Short-Term Rentals
August 23, 2022

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implementation of a business license program within the City.” This report is an update on the progress made to date with regard to STRs.

DISCUSSION:

Issues related to STRs have been discussed from time to time by the City Council. A confidential City Attorney memo was provided to the City Council detailing past issues and concerns related to STRs. In summary, the memo discusses issues related to whether the City can: 1) Permit STRs; 2) Ban/prohibit STRs; 3) Regulate STRs through a permit process; and 4) Regulate and tax STRs. The issues discussed in the City Attorney memo are being researched by staff and will be brought back to Council for discussion at a later date.

Staff’s initial research includes discussions with neighboring cities, researching related state law, and better understanding STRs in Laguna Hills, including the number and type of STRs, how often they are utilized, and at what rates. For assistance in this regard, staff has engaged a third-party vendor that works with cities to identify, track, measure, and manage STRs, including site and property owner information, booking history and availability, and revenue generated by the STRs. Staff will report back to the Council with these metrics when available.

With regard to the specific Nellie Gail STR discussed at the June 28, 2022, City Council meeting, located at 25166 Rockridge Road, City staff has discussed with the property owner the multiple nuisance complaints received from the residents regarding the June 18, 2022, house party, and the City’s expectations that similar violations will not occur at the property in the future. The property owner has indicated that these types of events will be prohibited. The property owner also indicated that they met with the Nellie Gail Ranch Owners Association (NGROA) and explained the same.

Coincidentally, on June 28, 2022, STR site Airbnb officially codified a permanent ban on party houses, with consequences for violators including suspension to full removal from the platform. VRBO has a similar policy in place to prohibit properties from advertising when house parties have been allowed to become a nuisance.

ATTACHMENTS:
• Attachment 1, June 28, 2022, City Council Meeting Minutes

7.3.1.a
Packet Pg. 280 Attachment: Attachment 1- August 23, 2022 City Council Staff Report (2969 : Short-Term Rentals)

7.3.1.a
Packet Pg. 281 Attachment: Attachment 1- August 23, 2022 City Council Staff Report (2969 : Short-Term Rentals)

7.3.1.a
Packet Pg. 282 Attachment: Attachment 1- August 23, 2022 City Council Staff Report (2969 : Short-Term Rentals)

7.3.1.b
Packet Pg. 283 Attachment: Attachment 2- August 23, 2022, City Council Meeting Minutes (2969 : Short-Term Rentals)

7.3.1.b
Packet Pg. 284 Attachment: Attachment 2- August 23, 2022, City Council Meeting Minutes (2969 : Short-Term Rentals) Attachment 3 – Short-Term Rentals in Laguna Hills

7.3.1.c
Packet Pg. 285 Attachment: Attachment 3- Map of Short Term Rentals in Laguna Hills (2969 : Short-Term Rentals)

Laguna Hills City CouncilSeptember 27, 2022

Laguna Hills City Council
September 27, 2022