Agenda packet — Laguna Hills City Council, April 25, 2023 (part 1 of 2)

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING AGENDA
Tuesday, April 25, 2023 – 7:00 PM
(Closed Session at 6:00 PM when scheduled)
Janine Heft, Mayor
Dave Wheeler, Mayor Pro Tempore Don Caskey, Council Member Erica Pezold, Council Member Joshua Sweeney, Council Member Location: City Council Chamber, 24035 El Toro Road, Laguna Hills, CA 92653 In Person Public Comments: 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 and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary.

It is City policy to limit public testimony to up to 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: 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 Tuesday, April 25, 2023. 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. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 5:00 p.m. on Tuesday, April 25, 2023. 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.

Please note: The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access. For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email at [email protected].

City of Laguna Hills City Council/Planning Agency Tuesday, April 25, 2023 Regular Meeting Agenda
2 GENERAL BUSINESS - CONVENING AT 7:00 PM

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

INVOCATION: Elder Tom Munson of Christ Community Church PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Wheeler

ROLL CALL OF CITY COUNCIL MEMBERS

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison Report
Recommendation: That the City Council receive an oral report from Laguna Hills High School 2023 Spring Student Liaison Alexa Richter.

1.2 Presentation of Proclamation for "DMV/Donate Life Month" Recommendation: That the City Council issue a Proclamation declaring April 2023, as "DMV/Donate Life Month" and that Mayor Heft present the Proclamation to Leslie Eskildsen, OneLegacy Ambassador.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Recommendation: That the 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.

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.

City of Laguna Hills City Council/Planning Agency Tuesday, April 25, 2023 Regular Meeting Agenda
3 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 April 11 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the April 11, 2023, Special Meeting.

4.3 Approval of Minutes for April 11, 2023, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the April 11, 2023, Regular Meeting.

4.4 Ratification of April 25, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from March 31, 2023 to April 13, 2023, in the amount of $1,184,116.31.

4.5 Treasurer's Investment Report for March 2023
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of March 2023.

4.6 Submission of an Aerial Waste Waiver to the San Diego Regional Water Quality Control Board for Pollutant Discharges from the City's Fourth of July Fireworks Display and Adoption of a Categorical Exemption Determining that the Event is Exempt from Environmental Review Pursuant to Title 14, Chapter 3, Section 15304(E) of the California Code of Regulations.

Recommendation: That the City Council: 1) Direct staff to submit an Aerial Waste Waiver to the San Diego Regional Water Quality Control Board for pollutant discharges from the City’s Fourth of July fireworks display; and 2) Adopt a Categorical Exemption under CEQA pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to Land).

City of Laguna Hills City Council/Planning Agency Tuesday, April 25, 2023 Regular Meeting Agenda
4 4.7 An Amendment to the City’s Schedule of Administrative Citation Fines and Penalties Related to Implementation of Short‐Term Rental Regulations.

Recommendation: That the City Council:
1) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (Rates, Tolls, Fares, and Charges) of Title 14, Chapter 3 of the California Code of Regulations, and Section 21080(b)(8) of Division 13, Chapter 2.6 of the Public Resources Code; and
2) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAGUNA HILLS, CALIFORNIA, AMENDING AND RESTATING THE SCHEDULE OF ADMINISTRATIVE CITATION FINES AND PENALTIES.”

4.8 Second Reading & Adoption of Proposed Ordinance Modifying the Parking Requirement for Low‐Intensity Medical Office Uses Recommendation: That the City Council: 1) Adopt an Ordinance entitled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO. RZNE‐0007‐2023, AN AMENDMENT TO TITLE 9 (ZONING AND SUBDIVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE, UPDATING CHAPTER 9‐44 (ACCESS AND PARKING) TO MODIFY THE PARKING REQUIREMENT FOR LOW‐INTENSITY MEDICAL OFFICE USES, SPECIFICALLY

CHIROPRACTIC, ACUPUNCTURE, OPTOMETRY, PHYSICAL THERAPY, AND PSYCHOTHERAPY OFFICES”; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

4.9 Second Reading & Adoption of Proposed Ordinance Prohibiting the Advertisement and Rental of Property for Short‐Term Rental in All Residential Zones
Recommendation: That the City Council: 1) Adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 6‐ 40 (SHORT‐TERM RENTALS) TO TITLE 6 (PUBLIC WELFARE) OF THE LAGUNA HILLS

MUNICIPAL CODE TO PROHIBIT THE ADVERTISEMENT AND RENTAL OF PROPERTY FOR SHORT‐TERM RENTAL IN ALL RESIDENTIAL ZONES”; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

City of Laguna Hills City Council/Planning Agency Tuesday, April 25, 2023 Regular Meeting Agenda
5 4.10 Authority to Advertise Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106 and Approval of Cost Sharing Agreement for La Paz Road Sidewalk Widening Project
Recommendation: That the City Council: 1) Approve the plans and specifications for the Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106; 2) Authorize the advertisement for bids for the Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106; 3) Allow the City Engineer to make minor edits to the plans and specifications as necessary; 4) Approve the Cost Sharing and Cooperative Agreement for La Paz Road Sidewalk Widening Project; 5) Authorize the City Manager or City Attorney to make minor modifications to the Agreement, as necessary; 6) Authorize the City Manager to execute the Agreement; and 7) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - “Existing Facilities.”

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. PLANNING AGENCY

6. CITY COUNCIL PUBLIC HEARINGS

7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.2. Deputy City Manager/Community Services Director

7.2.1 2023 Fourth of July Celebration Pre-Event Report and Fireworks Agreement
Recommendation: That the City Council: 1) Receive and file the 2023 Fourth of July Celebration pre-event report; and 2) Approve the Fireworks Display Agreement between Fireworks and Stage FX America, LLC, and the City of Laguna Hills for 2023 and authorize the City Manager to execute the Agreement.

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS City of Laguna Hills City Council/Planning Agency Tuesday, April 25, 2023 Regular Meeting Agenda
6 9. CITY COUNCIL MEMBER COMMITTEE REPORTS

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

1. Orange County Fire Authority (OCTA)
Board of Directors
Council Member Sweeney
April 12 Special Meeting

2. Orange County Senior Citizens Advisory Council (SCAC) Mayor Pro Tempore Wheeler
April 14 Full Council Meeting

3. Association of California Cities - Orange County (ACC-OC) Mayor Heft, Mayor Pro Tempore Wheeler, and Council Member Sweeney
April 17 - 20 Washington D.C. Advocacy Trip

4. OC Mosquito and Vector Control District (OCMVCD)
Board of Trustees
Council Member Pezold
April 20 Regular Meeting.

10. CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
The next Regular Meeting of the City Council/Planning Agency will be May 9, 2023, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

CERTIFICATION
I, JENNIFER LEE, 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 April 20, 2023, at 5:00 p.m.

April 20, 2023
Jennifer Lee, City Clerk Date
City of Laguna Hills City Council/Planning Agency Tuesday, April 25, 2023 Regular Meeting Agenda
7 It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please 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. In addition, such writings or documents will be made available for public review on the City’s website at: https://www.lagunahillsca.gov/supplementalagenda and at the respective public meeting.

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: April 25, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Presentation of Proclamation for "DMV/Donate Life Month" RECOMMENDATION: That the City Council issue a Proclamation declaring April 2023, as "DMV/Donate Life Month" and that Mayor Heft present the Proclamation to Leslie Eskildsen, OneLegacy Ambassador.

SUMMARY:

The City received a request from OneLegacy to issue a Proclamation declaring April 2023, as “DMV/Donate Life Month”. More than 100,000 individuals nationwide, and more than 20,000 in California, are currently on the national organ transplant waiting list. Organ donors saved 42, 000 lives last year, the most ever. Staff is recommending that the City Council issue the Proclamation, encouraging residents to check “Yes!” when applying for or renewing their driver’s license or ID card at the DMV and present the Proclamation to Leslie Eskildsen, OneLegacy Ambassador.

ATTACHMENTS:
• Proclamation - DMV/Donate Life Month April 2023

1.2 Packet Pg. 8

1.2.a
Packet Pg. 9
Attachment: Proclamation - DMV/Donate Life Month April 2023 (3135 : Proclamation for DMV/Donate Life Month) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Schedule of Future Events
RECOMMENDATION: That the City Clerk announce the upcoming meetings and events.

SUMMARY:

Rooted Volunteer Planting Event
Saturday, April 29, 9:00 a.m., Knotty Pine Park
Paper Shredding and Bulky Item/E-Waste drop-off Event
Saturday, May 6, 8:00 a.m. – 12:00 p.m., Laguna Hills High School Staff Parking Lot Build-a-Fort Registration Opens
Tuesday, May 9, 8:00 a.m.

Global Harmony Symphony Moment Musicale Chamber Series (lunchtime concert) Tuesday, May 9, 11:30 a.m., Laguna Hills Community Center Heritage Room City Council/Planning Agency Regular Meeting
Tuesday, May 9, 7:00 p.m., Laguna Hills Civic Center Council Chamber Organic Waste Recycling Town Hall
Thursday, May 11, 6:30 p.m. – 8:00 p.m., Laguna Hills Community Center Heritage Room Events, Communication, and Beautification Committee Regular Meeting Monday, May 15, 11:00 a.m., Laguna Hills Civic Center Admin Conference Room Traffic Commission Regular Meeting
Wednesday, May 17, 7:00 p.m., Laguna Hills Civic Center Council Chamber Parent’s Night Out
Friday, May 19, 6:00 p.m. – 8:30 p.m., Laguna Hills Community Center

2.1 Packet Pg. 10
Schedule of Future Events
April 25, 2023

Page 2 ends

Global Harmony Symphony “An Evening of Mozart & More” featuring bassoon soloist Monday, May 22, 7:00 p.m., Laguna Hills Community Center Heritage Room City Council/Planning Agency Regular Meeting
Tuesday, May 23, 7:00 p.m., Laguna Hills Civic Center Council Chamber Memorial Day Half Marathon, 5K, 10K
Monday, May 29, 6:20 a.m. Starting Line on Calle de la Louisa between the former mall site and Saddleback Memorial Medical Center
Memorial Day – City Hall Offices and Community Center will be Closed Monday, May 29

2.1 Packet Pg. 11
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for April 11 2023, Special Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the April 11, 2023, Special Meeting.

ATTACHMENTS:
• April 11, 2023, City Council Special Meeting Minutes

4.2 Packet Pg. 12

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

SPECIAL MEETING

MINUTES
Tuesday, April 11, 2023

CALL TO ORDER
The meeting was called to order at 5:00 p.m. by Mayor Heft.

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

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) City Designated Representatives: Jarad Hildenbrand, City Manager Employee Organization: Laguna Hills City Employee Association, City Employee Organization

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

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR COUNCIL CHAMBER

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

RECONVENE TO CITY COUNCIL CHAMBER
The City Council reconvened the City Council Meeting at 6:59 p.m. Three Council Members were present in Chamber. Council Member Caskey and Council Member Pezold were absent.

4.2.a
Packet Pg. 13
Attachment: April 11, 2023, City Council Special Meeting Minutes (3132 : Approval of Minutes for April 11, 2023, Special Meeting) City of Laguna Hills City Council Tuesday, April 11, 2023 Special Meeting Minutes
2 CLOSED SESSION REPORT
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Public Employee Title: Interim City Manager
City Designated Representatives: Jarad Hildenbrand, City Manager Employee Organization: Laguna Hills City Employee Association, City Employee Organization
City Attorney Simonian stated that the City Council convened into closed session this evening pursuant to the authorities listed on the Agenda with no reportable action taken.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 7:00 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of April 25, 2023

4.2.a
Packet Pg. 14
Attachment: April 11, 2023, City Council Special Meeting Minutes (3132 : Approval of Minutes for April 11, 2023, Special Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for April 11, 2023, Regular Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the April 11, 2023, Regular Meeting.

ATTACHMENTS:
• April 11, 2023, City Council Regular Meeting Minutes

4.3 Packet Pg. 15

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, April 11, 2023
GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 7:00 p.m. by Mayor Heft.

INVOCATION: Council Member Sweeney
PLEDGE OF ALLEGIANCE: Council Member Sweeney

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison Report
The City Council received an oral report from Laguna Hills High School 2023 Spring Student Liaison Audrey Masson.

1.2 Presentation of Proclamation for "National Public Safety Telecommunicators Week"
The City Council issued a Proclamation declaring April 9, 2023, through April 15, 2023, as "National Public Safety Telecommunicators Week and Mayor Heft presented the Proclamation to Baryic Hunter, Division Chief, Orange County Fire Authority.

Deputy City Manager Reynolds introduced the City’s new Community Services Manager, Holland Gannon.

2. SCHEDULE OF FUTURE EVENTS

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

4.3.a
Packet Pg. 16
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
2 3. PUBLIC COMMENTS
The following individuals addressed the City Council on non-agendized items:

Bayaneh Nikpour and Maryam Mosallaie each provided public comments urging the City Council to adopt a Resolution condemning crimes against humanity committed by the Islamic Republic.

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Mayor Heft removing Item No. 4.5 and Mayor Pro Tempore Wheeler removing Item No. 4.7.

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

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 March 28, 2023, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the March 28, 2023, Regular Meeting.

4.3 Approval of Minutes for March 28, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the March 28, 2023, Special Meeting.

4.4 Ratification of April 11, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from March 17, 2023 to March 30, 2023, in the amount of $413,239.97.

4.3.a
Packet Pg. 17
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
3 4.6 Initiation of the 2023 Weed Abatement Program
Recommendation: That the City Council adopt Resolution No. 2023-04-11-1: "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA,

DECLARING WEEDS AND RUBBISH ON SPECIFIED PRIVATE PROPERTY TO BE A

PUBLIC NUISANCE, COMMENCING PUBLIC PROCEEDINGS, AND SETTING A PUBLIC HEARING FOR MAY 9, 2023."

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.5 2023 Laguna Hills Memorial Day Half Marathon, 10K, and 5K Event PreEvent Update Report Mayor Heft removed Item No. 4.5 from the Consent Calendar to allow for discussion on the item.

Deputy City Manager Reynolds responded to Council Member requests for additional information.

Mike Bone, President, Spectrum Sports Management, Inc., responded to Council Member requests for additional information.

Recommendation: That the City Council receive and file the report.

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

4.7 Legislative Update for the 2023 Legislative Session of the California State Legislature
Mayor Pro Tempore Wheeler removed Item No. 4.7 from the Consent Calendar to allow for discussion on the item.

Recommendation: That the City Council approve the letters of opposition to Assembly Bill 742 (Jackson) and Senate Bill 423 (Wiener) and authorize the Mayor to execute the letters.

4.3.a
Packet Pg. 18
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
4 A motion to move staff’s recommendation and to direct staff to send the same letters of opposition to the City’s local state representatives was moved by Mayor Pro Tempore Wheeler, seconded by Council Member Sweeney.

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

6. CITY COUNCIL PUBLIC HEARINGS

6.1 Introduction and First Reading of a Proposed Ordinance Modifying the Parking Requirement for Low-Intensity Medical Office Uses Community Development Director Longenecker reviewed the information provided in the staff report and responded to Council Member requests for additional information.

Mayor Heft opened the Public Hearing and upon seeing no one rise, closed the Public Hearing.

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

Recommendation: That the City Council:
1) Conduct a public hearing; and
2) Find and determine that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly; and

4.3.a
Packet Pg. 19
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
5 3) 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, ADOPTING ZONING TEXT AMENDMENT NO. RZNE0007-2023, AN AMENDMENT TO TITLE 9 (ZONING AND SUBDIVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE, UPDATING CHAPTER 9-44 (ACCESS AND

PARKING) TO MODIFY THE PARKING REQUIREMENT FOR LOW-INTENSITY

MEDICAL OFFICE USES INCLUDING CHIROPRACTIC, ACUPUNCTURE, OPTOMETRY, PHYSICAL THERAPY, AND PSYCHOTHERAPY OFFICES”.

A motion to move staff’s recommendation with the discussed edit to the ordinance title, changing the word “including” to “specifically”, was moved by Council Member Sweeney, seconded by Mayor Pro Tempore Wheeler.

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

7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.1.1 Naming of the City’s New Electronic Newsletter
City Manager Hildenbrand reviewed the information provided in the staff report and responded to Council Member requests for additional information.

Recommendation: That the City Council approve “The Roundup” as the official name of the City’s electronic newsletter.

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

4.3.a
Packet Pg. 20
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
6 7.2. Public Works Director/City Engineer

7.2.1 LH on the Hill Lighting
Public Works Director/City Engineer Ames reviewed the information provided in the staff report and responded to Council Member requests for additional information.

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

Recommendation: That the City Council review the report and provide direction to City staff.

A motion to take no action on the item at this time was made by Mayor Pro Tempore Wheeler and no second was made. As a result, no action was taken on this motion.

A motion to direct staff to conduct more research on potential lighting options was moved by Council Member Sweeney, seconded by Mayor Pro Tempore Wheeler.

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

7.3. Community Development Director

7.3.1 Introduction and First Reading of a Proposed Ordinance Prohibiting the Advertisement and Rental of Property for ShortTerm Rental in All Residential Zones Community Development Director Longenecker reviewed the information provided in the staff report and responded to Council Member requests for additional information.

The following individuals submitted an electronic public comment on Item No. 7.3.1 that was received, forwarded to the Council prior to the meeting, posted on the City’s website, and announced into the record by City Clerk Lee:

4.3.a
Packet Pg. 21
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
7 Mazin Shakra and Patrice Mills each submitted an electronic public comment inquiring about existing short-term rentals in the City.

Neel Patel submitted an electronic public comment inquiring about staff outreach after the ordinance has passed.

Rob Stratton, Jean Samuel, Linda Azamain, and Brian Mitchell on behalf of Nellie Gail Ranch Owners Association each submitted an electronic public comment in favor of the proposed ordinance.

The following individuals addressed the City Council on Item No. 7.3.1:

Adrian Placinta and Tatiana Taleb each provided public comments in opposition to the proposed ordinance.

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

Recommendation: That the City Council:
1) Receive the staff report; and
2) Find and determine that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to state CEQA guidelines because it is not considered a project (14 Cal. Code Regs. § 15378) and 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)); and
3) Introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: “AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 6-40 (SHORT-TERM RENTALS) TO TITLE 6 (PUBLIC WELFARE) OF THE LAGUNA HILLS MUNICIPAL CODE TO PROHIBIT THE ADVERTISEMENT AND RENTAL OF PROPERTY FOR SHORTTERM RENTAL IN ALL RESIDENTIAL ZONES.” RESULT: APPROVED [UNANIMOUS]
MOVER: Joshua Sweeney, Council Member
SECONDER: Dave Wheeler, Mayor Pro Tempore
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro
Tempore; Joshua Sweeney, Council Member
ABSENT: Don Caskey, Council Member; Erica Pezold, Council Member

4.3.a
Packet Pg. 22
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
8 7.4. Chief of Police Services

7.4.1 2022 Laguna Hills Polices Services Annual Report
Chief of Police Services Captain Burk reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.

The following individual submitted an electronic public comment on Item No. 7.4.1 that was received, forwarded to the Council prior to the meeting, and posted on the City’s website:

Neel Patel submitted an electronic public comment inquiring about panhandling in medians and overnight parking in the City.

Recommendation: That the City Council receive and file the 2022 Laguna Hills Police Services Annual Report.

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

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1. Mayor Pro Tempore Wheeler

8.1.1 Street/Sidewalk Vending - SB 946
The following individual submitted an electronic public comment on Item No. 8.1.1 that was received, forwarded to the Council prior to the meeting, posted on the City’s website, and announced into the record by City Clerk Lee:

Neel Patel submitted an electronic public comment inquiring about specific requirements that could be part of an ordinance.

The following individual addressed the City Council on Item No. 8.1.1:

Shelley Roe provided public comments including a handout regarding an action planning proposal to abate the street/sidewalk vending issue in her neighborhood.

4.3.a
Packet Pg. 23
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
9 City Attorney Simonian responded to Council Member requests for additional information.

Recommendation: Mayor Pro Tempore Wheeler recommends that the City Council direct City staff and the City Attorney to research and prepare an ordinance regulating street/sidewalk vendors operating within the City in accordance with SB 946.

A motion to move Mayor Pro Tempore Wheeler’s recommendation and to direct staff to return to the City Council at a future meeting, no later than June 13, was moved by Mayor Pro Tempore Wheeler, seconded by Council Member Sweeney.

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

9. CITY COUNCIL MEMBER COMMITTEE REPORTS
There were no City Council Member Committee Reports.

10. CITY COUNCIL MEMBER COMMENTS
Mayor Heft
Mayor Heft announced that she will be adding the requested resolution regarding crimes against humanity committed by the Islamic Republic to a future agenda.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 9:43 p.m.

4.3.a
Packet Pg. 24
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, April 11, 2023 Regular Meeting Minutes
10 Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of April 25, 2023

4.3.a
Packet Pg. 25
Attachment: April 11, 2023, City Council Regular Meeting Minutes (3133 : Approval of Minutes for April 11, 2023, Regular Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Eric Hendrickson
Finance Director
ISSUE: Ratification of April 25, 2023, Warrant Register RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from March 31, 2023 to April 13, 2023, in the amount of $1,184,116.31.

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 March 31, 2023 to April 13, 2023, is being presented for ratification by the City Council.

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

ATTACHMENTS:
• Payables Detail Report - April 25, 2023
• Warrant Register - April 25, 2023

4.4 Packet Pg. 26
Amount
04/06/2023 SINTA DESIGN lhhm_030423 1/2 Marathon Expense, Mar '23 100-310-695507 1,190.00 04/06/2023 COUNTY OF ORANGE STTM000924 Communications Charges, 12/1/22 - 12/31/22
100-420-646000 69.50
4/13/2023 6:33:47 PM Page 1 of 6
04/06/2023 QUEST DIAGNOSTICS 9203521752 Pre-employment Drug Testing, Mar 100-195-617000 19.80 04/06/2023 STUDIO TWO BLACK DIAMOND 99938 Operating Supplies, Mar '23 100-155-622000 16.16 04/06/2023 SOUTHERN COMPUTER WAREHOUSE INV00770802 Software License, Mar '23 100-195-720050 6.61 04/06/2023 MOBILE MINI, INC. 9017183913 Storage Rental, Community Center, 3/21 - 4/17/23
100-310-641000 82.97
04/06/2023 MOBILE MINI, INC. 9017196977 Storage Rental, Community Center, 3/22 - 4/18/23
100-310-641000 217.80
04/06/2023 REGIONAL FIRST AID, INC 91346 Office Supplies, Comm Ctr, Mar '23 100-310-620500 70.69 04/06/2023 ALWAYS ADVANCING

MANUFACTURING AND

PROMOTIONS LLC
31374 1/2 Marathon Expense, Mar '23 100-310-695507 2,058.00 04/06/2023 WEX BANK 88098146 COMDEV Vehicle Fuel, Mar '23 100-225-613100 384.32 04/06/2023 WEX BANK 88098448 POLSVCS Vehicle Fuel, Mar '23 100-420-613100 117.98 04/06/2023 SHUTE, MIHALY WEINBERGER LLP 280710 Professional Services, Legal, Feb '23 100-155-700011 383.00 04/06/2023 THE LIFE TRENDS GROUP, TLTG, INC. 28761 AED Supplies, Mar '23 100-195-646000 1,866.66 04/06/2023 NEXUSTEK 292687 Professional Services, Software Support, Feb '23
100-195-720050 925.00
04/06/2023 CSMFO 200016758 OC Chapter Meeting, Apr '23 100-155-611000 45.00 04/06/2023 OC COUNCIL OF GOVERNMENTS 2022-182 Software Support Services, Aerial Photos
100-195-720050 3,000.00
04/06/2023 SPECTRUM SPORTS MANAGEMENT,
INC.
2023-63 Event Management Services, 1/2
Marathon
100-310-695507 10,000.00
04/06/2023 SECURE LIVE SCAN 13593 Pre-employment Fingerprinting, Mar '23
100-195-617000 30.00
04/06/2023 GOV'T FINANCE OFFICERS ASSN 15430 Certificate of Achievement Review Fee, FY2022
100-155-700050 530.00
04/06/2023 TPX COMMUNICATIONS 168550138-0 Communications Expense, Apr '23 100-195-630000 689.57 04/06/2023 ORACLE AMERICA, INC. 100758689 Offsite Backup, Mar '23 100-195-720050 85.95 04/06/2023 THE JAMES KELLY BAND 1106 Deposit, Music for Summer Concert Series, Jul '23
100-000-140000 500.00
04/06/2023 VITUITY - URGENT CARE SERVICES, 1304K20515 Recruitment, Mar '23 100-195-617000 100.00 04/06/2023 SOUTHERN CALIFORNIA EDISON 040323 - Acct #700162476559 Street Lights, Traffic Control, Feb & Mar '23
100-356-631900 4,327.83
04/06/2023 SOUTHERN CALIFORNIA EDISON 040323 - Acct #700234509668 Street Lights, Traffic Control, Feb & Mar '23
100-355-631000 (1,148.95)
04/06/2023 SOUTHERN CALIFORNIA EDISON 040323 - Acct #700234509668 Street Lights, Traffic Control, Feb & Mar '23
100-356-631400 12,944.36
04/06/2023 SWEENEY, JOSHUA 040323 Travel Reimbursement, ACC Advocacy Trip, Mar '23
100-155-612002 75.00
04/06/2023 GRIEGO-SANDS, CINDY 040323 Mileage Reimbursement, Gen Gov, 1/9 - 3/31/23
100-155-613000 66.42
04/06/2023 SOUTHERN CALIFORNIA EDISON 040323 - Acct #700162476559 Street Lights, Traffic Control, Feb & Mar '23
100-356-631400 1,230.37
04/06/2023 COX COMMUNICATION 031923 WiFi, City Hall, Mar '23 100-195-630000 182.62 04/06/2023 MOULTON NIGUEL WATER DISTRICT 033023 Water Usage, Public Works, Mar '23 100-355-635000 121.19 04/06/2023 OC ATAC 033123 Orange County ATAC Awards
Ceremony, May '23
100-420-695000 105.00
04/06/2023 TYLER TECHNOLOGIES, INC. 025-415279 Software Supp, EnerGov Annual Maint, 5/23 - 4/24
100-195-720050 387.83
04/06/2023 COX COMMUNICATION 031723 T-1 Line, Mar '23 100-195-630000 617.12 04/06/2023 COX COMMUNICATION 031723a Cable, City Hall, Mar '23 100-195-630000 32.14 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 03/31/2023 - 04/13/2023
Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 100 - GENERAL FUND
04/06/2023 DOCU-TRUST 0049476 Offsite Data Storage, Mar '23 100-155-700030 150.00

4.4.a
Packet Pg. 27
Attachment: Payables Detail Report - April 25, 2023 (3140 : Warrant Register, April 25, 2023) Amount
04/13/2023 NIEVES LANDSCAPE, INC. 74439 Monthly and Misc Landscape, Apr '23 100-355-720700 24.12 04/13/2023 NIEVES LANDSCAPE, INC. 74440 Monthly and Misc Landscape, Apr '23 100-355-720700 160.18 4/13/2023 6:33:47 PM Page 2 of 6
04/13/2023 NIEVES LANDSCAPE, INC. 74158 Monthly and Misc Landscape, Mar 100-355-720700 87,636.69 04/13/2023 NIEVES LANDSCAPE, INC. 74437 Monthly and Misc Landscape, Apr '23 100-355-720700 519.00 04/13/2023 NIEVES LANDSCAPE, INC. 74438 Equipment / Machinery, Apr '23 100-355-910000 1,538.00 04/13/2023 JAMEY CLARK, INC. 73805 Graffiti Removal, Public Works, Mar '23
100-355-720500 585.00
04/13/2023 JAMEY CLARK, INC. 73806 Graffiti Removal, Public Works, Apr 100-355-720500 622.14 04/13/2023 JAMEY CLARK, INC. 73810 Graffiti Removal, Public Works, Apr 100-355-720500 135.00 04/13/2023 CHARLES ABBOTT ASSOCIATES, INC 65596 Professional Services, Mar '23 100-225-700000 27,539.74 04/13/2023 JAMEY CLARK, INC. 73781 Park Repairs, Public Works, Mar '23 100-355-720701 90.00 04/13/2023 JAMEY CLARK, INC. 73782 Graffiti Removal, Public Works, Mar '23
100-355-720500 553.13
04/13/2023 CHARLES ABBOTT ASSOCIATES, INC 65594 - A (City Property/Oso Pkwy) Public Works Other, Oso Trail, Mar 100-355-720401 675.00 04/13/2023 CHARLES ABBOTT ASSOCIATES, INC 65594 - B (Facilities) Public Works Other, Civic Center Maint, Mar '23
100-355-720401 1,049.48
04/13/2023 CHARLES ABBOTT ASSOCIATES, INC 65594 - C (Parks) Public Works Other, Parks, Mar '23 100-355-720401 10,916.00 04/13/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4507 - 4570 Traffic Signal Maintenance, Mar '23 100-356-720420 14,549.73 04/13/2023 RJ ELECTRIC 61745 Parks Contract Repair, Mar '23 100-355-720701 202.00 04/13/2023 STATE DEPARTMENT OF JUSTICE

ACCOUNTING OFFICE
647401 Pre-employment Fingerprinting, Mar
'23
100-195-617000 32.00
04/13/2023 SMART AND FINAL 3831400021801 Office & Operating Supplies, Mar '23 100-195-622000 16.48 04/13/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-23-002 Traffic Signal Maintenance, Feb '23 100-356-720420 3,644.70 04/13/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-23-003 Traffic Signal Maintenance, Mar '23 100-356-720420 3,644.70 04/13/2023 SMART AND FINAL 3831400011203 Special Events, DDDD, Feb '23 100-310-695500 19.98 04/13/2023 SMART AND FINAL 3831400021801 Office & Operating Supplies, Mar '23 100-155-622000 55.41 04/13/2023 SMART AND FINAL 3831400021801 Office & Operating Supplies, Mar '23 100-195-620000 64.70 04/13/2023 SMART AND FINAL 3831400001101 Office & Operating Supplies, Mar '23 100-155-622000 91.75 04/13/2023 SMART AND FINAL 3831400001101 Office & Operating Supplies, Mar '23 100-195-620000 79.98 04/13/2023 SMART AND FINAL 3831400001101 Office & Operating Supplies, Mar '23 100-195-622000 20.97 04/13/2023 FRIEDMAN IMAGING 2023013 Grading Permits - Microfiche, Apr '23 100-355-622000 3,432.09 04/13/2023 TRAUMA INTERVENTION

PROGRAMS, INC
2920 Community Program, TIP, 4/1/23 -
6/30/23
100-420-720821 910.32
04/13/2023 DE NOVO PLANNING GROUP 3819 LH Housing, Rezone and ODS Program, Apr '23
100-225-700225 17,897.50
04/13/2023 GREENBELT GROWERS 17445 Landscape Maintenance, Mar '23 100-355-720700 3,000.00 04/13/2023 WEST COAST ARBORISTS, INC. 197790 Tree Trimming Services, Mar '23 100-355-720702 24,464.00 04/13/2023 WEST COAST ARBORISTS, INC. 197791 Tree Trimming Services, Mar '23 100-355-720702 2,398.50 04/13/2023 ANDERSON PENNA PARTNERS, INC. 135383 Inspection Services, Mar '23 100-355-700255 8,910.00 04/13/2023 ANDERSON PENNA PARTNERS, INC. 135400 Inspection Services, Mar '23 100-355-700255 200.00 04/13/2023 DATA TICKET, INC. 150065 Process Fee, Parking Citations, Mar 100-420-720823 1,012.30 04/13/2023 CALIFORNIA CITY MANAGEMENT

FOUNDATION
0550 CCMF 2023-24 Membership 100-000-140000 400.00
04/13/2023 ARC DOCUMENT SOLUTIONS, LLC 12046012 Printing Services, Engineering, CIP 168-H, Mar '23
100-600-790600 249.98
04/13/2023 ARC DOCUMENT SOLUTIONS, LLC 12058967 Printing Services, Engineering, Apr 100-355-623000 77.31 04/13/2023 HABASH, JOHN 041323 Contract Instructor Services, Dance 100-310-721500 112.00 04/13/2023 BASICS OF SKATEBOARDING 041323 Contract Instructor Services, Skateboard Instr
100-310-721500 129.50
04/13/2023 KNIGHT, LORNA 041323a Contract Instructor Services, Yoga 100-310-721500 367.50 04/13/2023 SAN DIEGO GAS AND ELECTRIC 040423 Street Lights, Traffic Control, Mar '23 100-356-631400 12,829.06 04/13/2023 EL TORO WATER DISTRICT 041223 Water Usage, Public Works, Feb '23 100-355-635000 6,849.77 04/13/2023 KNIGHT, LORNA 041323 Contract Instructor Services, Yoga 100-310-721500 126.00 04/13/2023 SOUTHERN CALIFORNIA NEWS 0000562753 Legal Advertising, Mar '23 100-155-624001 1,088.44 04/13/2023 MOULTON NIGUEL WATER DISTRICT 033023a Water Usage, Public Works, Mar '23 100-355-635000 5,965.15 04/13/2023 IRVINE RANCH WATER DISTRICT 040323 Water Usage, Public Works, Mar '23 100-355-635000 87.23 Payment Date Vendor Name Payable Number Description (Payable) Account Number 04/12/2023 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5557 Private Security Patrol, Apr '23 100-420-720850 11,870.25 04/13/2023 AT AND T - CALNET 3 000019752971 Traffic Signal, Public Works, Mar '23 100-356-630000 24.49 Payables Detail Report Payment Dates: 03/31/2023 - 04/13/2023

4.4.a
Packet Pg. 28
Attachment: Payables Detail Report - April 25, 2023 (3140 : Warrant Register, April 25, 2023) Amount
4/13/2023 6:33:47 PM Page 3 of 6
04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 01 octax.org 100-155-612000 100.00 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 02 NeoGov / GovernmentJobs.com 100-195-617000 199.00 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 03 The Mexican Taco 100-155-622000 75.00 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 16 FlexiSpot 100-195-940000 624.93 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 17 GoToMeeting 100-195-720050 192.00 04/13/2023 SALMON, ANTHONY FRD-0299 Refund, Facility Deposit, R #1035105.002
100-000-222000 500.00
04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 13 Elavon Srv Fee City of LA 100-310-695507 4.47 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 14 Apple.com 100-310-695502 10.99 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 15 Best Buy 100-195-940000 660.02 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 10 GoDaddy.com 100-195-720050 20.17 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 11 OC Register Subscription 100-310-626000 24.79 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 12 City of Laguna Niguel 100-310-695507 190.00 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 07 City of Aliso Viejo 100-310-695507 8.42 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 08 Willscot Mobile Mini 100-310-641000 1,452.41 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 09 Baja Fish Tacos 100-310-611000 112.14 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 04 SPS Industrial Inc. 100-310-645500 241.63 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 05 Villa Roma Market and Deli 100-310-695500 2,099.33 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 06 City of Aliso Viejo 100-310-695507 280.65 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 01 King's Fish House 100-310-611000 141.91 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 02 Amazon.com 100-310-620500 140.07 04/13/2023 BANK OF AMERICA VISA CARD COMSVCS 03.21.23 - 03 Amazon.com 100-310-620500 317.81 04/13/2023 BANK OF AMERICA VISA CARD CITYCLERK 03.20.23 - 06 City Clerks Association of California 100-155-611000 75.00 04/13/2023 BANK OF AMERICA VISA CARD COMDEV 03.20.23 - 01 American Planning Association 100-225-610000 20.00 04/13/2023 BANK OF AMERICA VISA CARD COMDEV 03.20.23 - 02 Aliso Viejo Towing 100-225-646100 203.56 04/13/2023 BANK OF AMERICA VISA CARD CITYCLERK 03.20.23 - 03 City Clerks Association of California 100-155-611000 500.00 04/13/2023 BANK OF AMERICA VISA CARD CITYCLERK 03.20.23 - 04 International Institute of Municipal Clerks
100-155-610000 185.00
04/13/2023 BANK OF AMERICA VISA CARD CITYCLERK 03.20.23 - 05 Courtyard by Marriott 100-155-612000 919.65 04/13/2023 MASSOTH, CHRISTOPHER CD-0944-ELER-0011-2023 Refund, Permit Fees, REC-009936- 2023
100-000-442000 191.07
04/13/2023 BANK OF AMERICA VISA CARD CITYCLERK 03.20.23 - 01 Allianz Global Assistance 100-155-612000 62.08 04/13/2023 BANK OF AMERICA VISA CARD CITYCLERK 03.20.23 - 02 City Clerks Association of California 100-155-610000 200.00 04/13/2023 IPERMIT LLC CD-0943-MECR-0015-2023Refund, Permit Fees, REC-009606- 2023
100-000-221011 1.00
04/13/2023 IPERMIT LLC CD-0943-MECR-0015-2023Refund, Permit Fees, REC-009606- 2023
100-000-221012 4.00
04/13/2023 IPERMIT LLC CD-0943-MECR-0015-2023Refund, Permit Fees, REC-009606- 2023
100-000-442000 66.76
04/13/2023 IPERMIT LLC CD-0942-PLMR-0043-2023Refund, Permit Fees, REC-009825- 2023
100-000-221011 2.00
04/13/2023 IPERMIT LLC CD-0942-PLMR-0043-2023Refund, Permit Fees, REC-009825- 2023
100-000-221012 4.00
04/13/2023 IPERMIT LLC CD-0942-PLMR-0043-2023Refund, Permit Fees, REC-009825- 2023
100-000-442000 153.09
04/13/2023 PALMERS LANDSCAPE CD-0939-POOLR-0131-2022Refund, Pool Bond, REC-008976- 100-000-228001 500.00 04/13/2023 SALT AND SEA POOLS CD-0940-POOLR-0123-2022Refund, Pool Bond, REC-008550- 100-000-228001 500.00 04/13/2023 TAYLOR, ROBERT CD-0941-BLDR-0032-2023 Refund, C&D Deposit, REC-009555- 2023
100-000-227001 690.00
04/13/2023 REGIONAL FIRST AID, INC 90528 Office Supplies, Comm Ctr, Feb '23 100-310-620500 79.71 04/13/2023 VERIZON WIRELESS 9931020714 Communication Expense, Mar '23 100-195-630000 979.79 04/13/2023 STUDIO TWO BLACK DIAMOND 99939 Printing Services, Apr '23 100-195-623000 141.61 04/13/2023 WEX BANK 87432574 COMSVCS Vehicle Fuel, Feb '23 100-310-613100 (2.98) 04/13/2023 WEX BANK 88097847 PUBWKS Vehicle Fuel, Mar '23 100-355-613100 432.11 04/13/2023 WEX BANK 88098014 COMSVCS Vehicle Fuel, Mar '23 100-310-613100 159.22 04/13/2023 ORANGE COUNTY JUMPERS LLC 79414 Program Expense, 1/2 Marathon 100-310-695507 850.00 04/13/2023 FEDERAL EXPRESS CORPORATION 8-093-54907 Operating Supplies, GIS System, Mar '23
100-355-622000 41.82
04/13/2023 ALL CITY MANAGEMENT, INC. 84630 Crossing Guard Services, 3/19/23 - 4/1/23
100-420-720822 7,212.83
Payment Date Vendor Name Payable Number Description (Payable) Account Number 04/13/2023 NIEVES LANDSCAPE, INC. 74441 Equipment / Machinery, Apr '23 100-355-910000 1,155.58 04/13/2023 RJ ELECTRIC 78539T Parks Contract Repair, Mar '23 100-355-720701 6,370.00 Payables Detail Report Payment Dates: 03/31/2023 - 04/13/2023

4.4.a
Packet Pg. 29
Attachment: Payables Detail Report - April 25, 2023 (3140 : Warrant Register, April 25, 2023) Amount
Grand Total: 1,184,116.31
4/13/2023 6:33:47 PM Page 4 of 6
Fund 212 - MEASURE M Total: 39,429.61
Fund: 600 - CAPITAL IMPROVEMENT PROJECT
04/13/2023 ARC DOCUMENT SOLUTIONS, LLC 12046012 Printing Services, Engineering, CIP 168-H, Mar '23
600-000-490100 (249.98)
04/13/2023 ARC DOCUMENT SOLUTIONS, LLC 12046012 Printing Services, Engineering, CIP 168-H, Mar '23
600-251-950168 249.98
Fund 600 - CAPITAL IMPROVEMENT PROJECT Total: -
04/13/2023 UNDERGROUND SERVICE ALERT OF

SO CALIFORNIA
22-2303413 Street Maintenance, Mar '23 212-355-720400 37.77 04/13/2023 UNDERGROUND SERVICE ALERT OF

SO CALIFORNIA
320230385 Street Maintenance, Mar '23 212-355-720400 141.25 04/13/2023 CHARLES ABBOTT ASSOCIATES, INC 65594 Road Maintenance, Mar '23 212-355-720400 27,136.59 04/13/2023 OCSD LAW ENFORCEMENT

CONTRACT, OC TREASURER-TAX
SH 65011 Law Enforcement Services, Apr '23 100-420-720800 802,811.81 04/13/2023 PACKET FUSION, INC. SLSI-1007734 Conference Phone, Apr '23 100-195-940000 724.68 Fund 100 - GENERAL FUND Total: 1,144,686.70
Fund: 212 - MEASURE M
04/13/2023 PACIFIC SHORES MASONRY, INC. 1308-01C Repairs to Existing Bus Station, Mar 212-355-720400 12,114.00 04/13/2023 BANK OF AMERICA VISA CARD PUBWKS 03.20.23 - 02 Amazon.com, S Remo / S Maria Pocket Park Gazebo
100-355-720401 2,692.67
04/13/2023 BANK OF AMERICA VISA CARD PUBWKS 03.20.23 - 03 Norman's Nursery, Rooted Campaign 100-310-695500 3,011.23 04/13/2023 COUNTY OF ORANGE SH 64982 Fingerprint ID System Charges, Apr 100-420-720835 1,188.00 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 08 Starbucks 100-420-695000 72.05 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 09 Amazon Prime 100-420-622000 16.15 04/13/2023 BANK OF AMERICA VISA CARD PUBWKS 03.20.23 - 01 Amazon.com 100-355-622000 101.74 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 05 Costco Wholesale 100-420-695000 53.61 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 06 Walmart 100-420-622000 111.42 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 07 Starbucks 100-420-695000 15.45 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 02 The Toll Roads of OC 100-420-646100 3.23 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 03 The Toll Roads of OC 100-420-646100 2.70 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 04 Costco Wholesale 100-420-695000 25.97 04/13/2023 OFFICE SOLUTIONS I-02111443 Operating Supplies, Apr '23 100-195-622000 14.32 04/13/2023 ORANGE COUNTY TREASURER-TAX

COLLECTOR
MAR 23 Parking Fee Surcharge, Mar '23 100-420-720823 3,624.00 04/13/2023 BANK OF AMERICA VISA CARD POLSVCS 03.20.23 - 01 Costco Wholesale 100-420-622000 83.75 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 12 Classic Chinese Restaurant 100-155-622000 231.14 04/13/2023 OFFICE SOLUTIONS I-02111075 Office/Operating Supplies, Apr '23 100-195-620000 388.11 04/13/2023 OFFICE SOLUTIONS I-02111075 Office/Operating Supplies, Apr '23 100-195-622000 280.12 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 09 NeoGov / GovernmentJobs.com 100-195-617000 199.00 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 10 APWA - Work Zone 100-195-617000 495.00 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 11 John Wiley & Sons, Inc. 100-195-617000 655.00 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 06 Amazon.com 100-155-622000 86.19 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 07 Sauced BBQ 100-155-612002 83.65 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 08 John Wayne Airport 100-155-612002 40.00 Payables Detail Report Payment Dates: 03/31/2023 - 04/13/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 04 Rodrigo's Mexican Grill 100-155-622000 160.86 04/13/2023 BANK OF AMERICA VISA CARD GENGOV1 03.20.23 - 05 CA Park and Rec Society 100-195-617000 75.00

4.4.a
Packet Pg. 30
Attachment: Payables Detail Report - April 25, 2023 (3140 : Warrant Register, April 25, 2023) 100-355-720500 Graffiti Removal 1,895.27 1,895.27
100-355-720700 Landscape Maintenance Contract 91,339.99 91,339.99 100-355-720701 Parks Contract Repair 6,662.00 6,662.00
4/13/2023 6:33:47 PM Page 5 of 6
100-355-623000 Printing 77.31 77.31
100-355-631000 Utilities - Electric (1,148.95) (1,148.95) 100-355-635000 Utilities - Water 13,023.34 13,023.34
100-355-700255 Improvement Inspection 9,110.00 9,110.00 100-355-720401 Other Public Works Maintenance 15,333.15 15,333.15 100-310-695502 Special Needs Program 10.99 10.99
100-310-695507 Marathon 5k 14,581.54 14,581.54
100-310-721500 Contract Services-Program Svce 735.00 735.00 100-355-613100 Vehicle-Fuel 432.11 432.11
100-355-622000 Operating Supplies 3,575.65 3,575.65
100-310-620500 Office Supplies - Comm Ctr 608.28 608.28 100-310-626000 Subscriptions & Books 24.79 24.79
100-310-641000 Rent/Lease - Equipment 1,753.18 1,753.18 100-310-645500 Maint&Repair-Facility Comm Ctr 241.63 241.63 100-310-695500 Special Events-Program Service 5,130.54 5,130.54 100-225-646100 Maint & Repairs - Vehicles 203.56 203.56 100-225-700000 Prof. Svcs - Building & Safety 27,539.74 27,539.74 100-225-700225 Housing Element 17,897.50 17,897.50
100-310-611000 Training and Education 254.05 254.05
100-310-613100 Vehicle-Fuel 156.24 156.24
100-195-646000 Maint & Rep-Equip & Machinery 1,866.66 1,866.66 100-195-720050 Contract Serv-Software Support 4,617.56 4,617.56 100-195-940000 Computer Hardware & Software 2,009.63 2,009.63 100-225-610000 Memberships and Dues Expense 20.00 20.00 100-225-613100 Vehicle-Fuel 384.32 384.32
100-195-617000 Recruitment 1,804.80 1,804.80
100-195-620000 Office Supplies 532.79 532.79
100-195-622000 Operating Supplies 331.89 331.89
100-195-623000 Printing 141.61 141.61
100-195-630000 Telephone & Communication 2,501.24 2,501.24 100-155-622000 Operating Supplies 716.51 716.51
100-155-624001 Advertising - Legal 1,088.44 1,088.44
100-155-700011 Legal Services-Litigation 383.00 383.00
100-155-700030 Professional Svcs- City Clerk 150.00 150.00 100-155-700050 Professional Services - Financial 530.00 530.00 100-155-610000 Memberships and Dues Expense 385.00 385.00 100-155-611000 Training and Education 620.00 620.00
100-155-612000 Travel, Conferences & Meetings 1,081.73 1,081.73 100-155-612002 Travel - ACC-OC 198.65 198.65
100-155-613000 Mileage Reimbursement 66.42 66.42
100-000-221012 SB1186 ADA CASp Fees 8.00 8.00
100-000-222000 Refundable Deposits 500.00 500.00
100-000-227001 Security Deposit - Waste 690.00 690.00
100-000-228001 Swimming Pool Bonds 1,000.00 1,000.00
100-000-442000 Building Related Permits 410.92 410.92
600 - CAPITAL IMPROVEMENT PROJECT - -
Grand Total: 1,184,116.31 1,184,116.31
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-000-140000 Prepaid Expenditures 900.00 900.00
100-000-221011 Building Standards Fee 3.00 3.00
Payables Detail Report Payment Dates: 03/31/2023 - 04/13/2023 Report Summary
Fund Summary
Fund Expense Amount Payment Amount
100 - GENERAL FUND 1,144,686.70 1,144,686.70
212 - MEASURE M 39,429.61 39,429.61

4.4.a
Packet Pg. 31
Attachment: Payables Detail Report - April 25, 2023 (3140 : Warrant Register, April 25, 2023) **None** 1,184,116.31 1,184,116.31
Grand Total: 1,184,116.31 1,184,116.31
4/13/2023 6:33:47 PM Page 6 of 6
212-355-720400 Street Maintenance 39,429.61 39,429.61
600-000-490100 Transfer In- General Fund (249.98) (249.98) 600-251-950168 TrafficSignalmprovCoordination 249.98 249.98 Grand Total: 1,184,116.31 1,184,116.31
Project Account Summary
Project Account Key Expense Amount Payment Amount
100-420-720822 Crossing Guard Services 7,212.83 7,212.83 100-420-720823 Parking Citation Processing 4,636.30 4,636.30 100-420-720835 Fingerprint Identification Svc 1,188.00 1,188.00 100-420-720850 Private Security Patrol 11,870.25 11,870.25 100-600-790600 Transfer Out to Capital Imprv. 249.98 249.98 100-420-646000 Maint & Rep-Equip & Machinery 69.50 69.50 100-420-646100 Maint & Repairs - Vehicles 5.93 5.93
100-420-695000 CommunityAsstnc/PublicRelation 272.08 272.08 100-420-720800 General Law Enforcement 802,811.81 802,811.81 100-420-720821 Trauma Intervention Program 910.32 910.32 100-356-631400 MOE Electricity-Streetlights & 27,003.79 27,003.79 100-356-631900 MOE Electrcity On-bill Financing 4,327.83 4,327.83 100-356-720420 MOE Traffic Signal Maintenance 21,839.13 21,839.13 100-420-613100 Vehicle-Fuel 117.98 117.98
100-420-622000 Operating Supplies 211.32 211.32
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-355-720702 Tree Maintenance 26,862.50 26,862.50
100-355-910000 Equipment & Machinery 2,693.58 2,693.58
100-356-630000 MOE Telephone & 24.49 24.49
Payables Detail Report Payment Dates: 03/31/2023 - 04/13/2023

4.4.a
Packet Pg. 32
Attachment: Payables Detail Report - April 25, 2023 (3140 : Warrant Register, April 25, 2023) Payment Amount
2,058.00

69.50 831.88

45.00 150.00
530.00

66.42 300.77
121.19
925.00
105.00
3,000.00

85.95 19.80

70.69 30.00
383.00
1,190.00
11,795.41
5,558.20

6.61 10,000.00

16.16 75.00
500.00
1,866.66
689.57
387.83
100.00
502.30
7,212.83
9,110.00
327.29
400.00
67,316.81
1,188.00
21,839.13
1,012.30
17,897.50
6,849.77

41.82 3,432.09
3,000.00
230.85

87.23 1,985.27
191.07
5,965.15
91,033.57
682.55
3,624.00
12,114.00
724.68
4/13/2023 6:30:46 PM Page 1 of 4
1919 C-1003 ORANGE COUNTY TREASURER-TAX COLLECTOR 04/13/2023 1920 P-1844 PACIFIC SHORES MASONRY, INC. 04/13/2023
1921 P-1824 PACKET FUSION, INC. 04/13/2023
1916 M-1302 MOULTON NIGUEL WATER DISTRICT 04/13/2023
1917 N-1474 NIEVES LANDSCAPE, INC. 04/13/2023
1918 O-1546 OFFICE SOLUTIONS 04/13/2023
1913 I-0942 IRVINE RANCH WATER DISTRICT 04/13/2023
1914 J-1057 JAMEY CLARK, INC. 04/13/2023
1915 Z-CD-0412 MASSOTH, CHRISTOPHER 04/13/2023
1910 F-0720 FRIEDMAN IMAGING 04/13/2023
1911 G-0865 GREENBELT GROWERS 04/13/2023
1912 Z-CD-0411 IPERMIT LLC 04/13/2023
1907 D-0578 DE NOVO PLANNING GROUP 04/13/2023
1908 E-0504 EL TORO WATER DISTRICT 04/13/2023
1909 F-0604 FEDERAL EXPRESS CORPORATION 04/13/2023
1904 C-1190 COUNTY OF ORANGE 04/13/2023
1905 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 04/13/2023 1906 D-0461 DATA TICKET, INC. 04/13/2023
1901 A-0360 ARC DOCUMENT SOLUTIONS, LLC 04/13/2023
1902 C-0457 CALIFORNIA CITY MANAGEMENT FOUNDATION 04/13/2023 1903 C-1144 CHARLES ABBOTT ASSOCIATES, INC 04/13/2023
1898 W-2450 WEX BANK 04/06/2023
1899 A-0138 ALL CITY MANAGEMENT, INC. 04/13/2023
1900 A-0359 ANDERSON PENNA PARTNERS, INC. 04/13/2023
1895 T-2698 TPX COMMUNICATIONS 04/06/2023
1896 T-2656 TYLER TECHNOLOGIES, INC. 04/06/2023
1897 V-2254 VITUITY - URGENT CARE SERVICES, PC 04/06/2023 1892 S-2314 SWEENEY, JOSHUA 04/06/2023
1893 J-1091 THE JAMES KELLY BAND 04/06/2023
1894 T-2682 THE LIFE TRENDS GROUP, TLTG, INC. 04/06/2023 1889 S-2295 SOUTHERN COMPUTER WAREHOUSE 04/06/2023
1890 S-2308 SPECTRUM SPORTS MANAGEMENT, INC. 04/06/2023 1891 S-2209 STUDIO TWO BLACK DIAMOND 04/06/2023
1886 S-2267 SINTA DESIGN 04/06/2023
1887 S-1904 SOUTHERN CALIFORNIA EDISON 04/06/2023
1888 S-1904 SOUTHERN CALIFORNIA EDISON 04/06/2023
1883 R-1985 REGIONAL FIRST AID, INC 04/06/2023
1884 S-2194 SECURE LIVE SCAN 04/06/2023
1885 S-2296 SHUTE, MIHALY WEINBERGER LLP 04/06/2023
1880 O-1568 OC COUNCIL OF GOVERNMENTS 04/06/2023
1881 O-1610 ORACLE AMERICA, INC. 04/06/2023
1882 Q-1707 QUEST DIAGNOSTICS 04/06/2023
1877 M-1302 MOULTON NIGUEL WATER DISTRICT 04/06/2023
1878 N-1493 NEXUSTEK 04/06/2023
1879 O-1611 OC ATAC 04/06/2023
1874 G-0710 GOV'T FINANCE OFFICERS ASSN 04/06/2023
1875 G-0843 GRIEGO-SANDS, CINDY 04/06/2023
1876 M-1388 MOBILE MINI, INC. 04/06/2023
1871 C-0023 COX COMMUNICATION 04/06/2023
1872 C-0358 CSMFO 04/06/2023
1873 D-0561 DOCU-TRUST 04/06/2023
Payment Type: Regular
1869 A-0382 ALWAYS ADVANCING MANUFACTURING AND PROMOTIONS LLC 04/06/2023 1870 C-1191 COUNTY OF ORANGE 04/06/2023
Warrant Register - April 25, 2023
City of Laguna Hills, CA By Check Number
Date Range: 03/31/2023 - 04/13/2023
Check Number Vendor Number Vendor Name Payment Date

4.4.b
Packet Pg. 33
Attachment: Warrant Register - April 25, 2023 (3140 : Warrant Register, April 25, 2023) Payment Amount
500.00
6,572.00
500.00
500.00
12,829.06
1,088.44

32.00 141.61
690.00
910.32
179.02
979.79
26,862.50
432.11

24.49 129.50
112.00
493.50
850.00

79.71 349.27
1943 W-2450 WEX BANK 04/13/2023 156.24
Total Regular: 352,157.41
4/13/2023 6:30:46 PM Page 2 of 4
1940 O-1599 ORANGE COUNTY JUMPERS LLC 04/13/2023
1941 R-1985 REGIONAL FIRST AID, INC 04/13/2023
1942 S-1949 SMART AND FINAL 04/13/2023
1937 B-0430 BASICS OF SKATEBOARDING 04/13/2023
1938 H-0959 HABASH, JOHN 04/13/2023
1939 K-1126 KNIGHT, LORNA 04/13/2023
1934 W-2337 WEST COAST ARBORISTS, INC. 04/13/2023
1935 W-2450 WEX BANK 04/13/2023
1936 A-0365 AT AND T - CALNET 3 04/13/2023
1931 T-2042 TRAUMA INTERVENTION PROGRAMS, INC 04/13/2023 1932 U-2165 UNDERGROUND SERVICE ALERT OF SO CALIFORNIA 04/13/2023 1933 V-2224 VERIZON WIRELESS 04/13/2023
1928 S-1980 STATE DEPARTMENT OF JUSTICE ACCOUNTING OFFICE 04/13/2023 1929 S-2209 STUDIO TWO BLACK DIAMOND 04/13/2023
1930 Z-CD-0348 TAYLOR, ROBERT 04/13/2023
1925 Z-CD-0340 SALT AND SEA POOLS 04/13/2023
1926 S-1902 SAN DIEGO GAS AND ELECTRIC 04/13/2023
1927 O-1575 SOUTHERN CALIFORNIA NEWS GROUP 04/13/2023
1922 Z-CD-0319 PALMERS LANDSCAPE 04/13/2023
1923 R-1977 RJ ELECTRIC 04/13/2023
1924 Z-CS-0408 SALMON, ANTHONY 04/13/2023
Warrant Register - April 25, 2023 Date Range: 03/31/2023 - 04/13/2023 Check Number Vendor Number Vendor Name Payment Date

4.4.b
Packet Pg. 34
Attachment: Warrant Register - April 25, 2023 (3140 : Warrant Register, April 25, 2023) Payment Amount
11,870.25
802,811.81
17,276.84
156 78 0.00 1,184,116.31
4/13/2023 6:30:46 PM Page 3 of 4
Bank Drafts 51 3 0.00 831,958.90
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
831,958.90
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 105 75 0.00 352,157.41
DFT0002443 C-1007 OCSD LAW ENFORCEMENT CONTRACT, OC TREASURER-TAX 04/13/2023 DFT0002444 B-0276 BANK OF AMERICA VISA CARD 04/13/2023
Total Bank Draft:

Warrant Register - April 25, 2023 Date Range: 03/31/2023 - 04/13/2023 Check Number Vendor Number Vendor Name Payment Date
Payment Type: Bank Draft
DFT0002441 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 04/12/2023

4.4.b
Packet Pg. 35
Attachment: Warrant Register - April 25, 2023 (3140 : Warrant Register, April 25, 2023) 998 POOL 4/2023 1,184,116.31
1,184,116.31
4/13/2023 6:30:46 PM Page 4 of 4
156 78 0.00 1,184,116.31
Fund Summary
Fund Name Period Amount
Bank Drafts 51 3 0.00 831,958.90
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 105 75 0.00 352,157.41
Warrant Register - April 25, 2023 Date Range: 03/31/2023 - 04/13/2023

4.4.b
Packet Pg. 36
Attachment: Warrant Register - April 25, 2023 (3140 : Warrant Register, April 25, 2023) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Eric Hendrickson
Finance Director
ISSUE: Treasurer's Investment Report for March 2023
RECOMMENDATION: That the City Council receive and file the Treasurer's Investment Report for the month of March 2023.

SUMMARY:

The Treasurer’s Investment Report for the month of March 2023 is submitted herewith.

The City’s total portfolio as of March 31, 2023 was $25,272,233. The pooled cash portfolio managed by the City Treasurer consisted of cash on hand, demand deposits, State Local Agency Investment Fund (LAIF) and Investment Trust of California (CalTRUST) investments and totaled $23,706,883. Restricted cash and investments totaled $1,565,351, and is mainly comprised of reserve funds for the 2010 bond issuance.

Interest income for the month of March was $62,903. FY 2022-2023 year-to-date interest earnings of $241,138 are 241% of the annual budget of $100,000.

The average yield on the City’s total portfolio for the month of March was 3.87%, compared to the prior month of 3.67%. The improvement in portfolio yield in March compared to February was the result of the rising interest rate environment, as dictated by the Federal Reserve.

ATTACHMENTS:
• March 2023 Treasurer's Report

4.5 Packet Pg. 37

4.5.a
Packet Pg. 38
Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Packet Pg. 41
Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Packet Pg. 42
Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023)

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Attachment: March 2023 Treasurer's Report (3142 : Treasurer's Report for March 2023) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Submission of an Aerial Waste Waiver to the San Diego Regional Water Quality Control Board for Pollutant Discharges from the City's Fourth of July Fireworks Display and Adoption of a Categorical Exemption Determining that the Event is Exempt from Environmental Review Pursuant to Title 14, Chapter 3, Section 15304(E) of the California Code of Regulations.

RECOMMENDATION: That the City Council: 1) Direct staff to submit an Aerial Waste Waiver to the San Diego Regional Water Quality Control Board for pollutant discharges from the City’s Fourth of July fireworks display; and 2) Adopt a Categorical Exemption under CEQA pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to Land).

SUMMARY:

The City of Laguna Hills (“City”) is located within the jurisdiction of the San Diego Regional Water Quality Control Board (“Regional Board”) which is responsible for regulating activities that could impact water quality throughout the San Diego Region (which also includes portions of Riverside County and South Orange County). The Regional Board has determined that large aerial fireworks displays may require a permit because pollutants associated with fireworks can be damaging to water quality. The permit requirement was enacted as a result of the numerous private and public venues that maintained fireworks displays throughout the year on or adjacent to urban shorelines in the San Diego area. In 2014, the Regional Board adopted Order No. R9-2014-0041 establishing a waiver for fireworks displays that take place over land.

4.6 Packet Pg. 47
Fourth of July Waiver
April 25, 2023

Page 2 ends

The City must submit an Aerial Waste Waiver to the Regional Board in advance of the planned Fourth of July fireworks display and complete an environmental review of the event pursuant to the California Environmental Quality Act (CEQA).

BACKGROUND:

The City of Laguna Hills is located within the jurisdiction of the Regional Board, which regulates pollutant discharges into surface waters (rivers, streams, harbors, the ocean, etc.) associated with public fireworks displays within its service area. Examples of pollutants from fireworks displays include airborne particulates, chemicals, and debris (paper, cardboard, wires, fuses) that are scattered by each burst charge in a fireworks display and could be deposited into local surface waters. Because the City’s Fourth of July fireworks display is located over land, it is eligible for an Aerial Waste Waiver from the Regional Board to host a public fireworks display. The City hosts one fireworks event per year lasting approximately 18 minutes on the Fourth of July and no other events involving fireworks are held within the City during the course of the year.

Pollutant discharges associated with the event will not be significant. Based on water quality data obtained in 2011, the Regional Board determined that it was unlikely that single fireworks events of a smaller size than SeaWorld’s Fourth of July and Labor Day events would cause exceedances of applicable water quality criteria in the water column of receiving waters.1 Staff notes that SeaWorld’s special events pyrotechnic displays involve approximately 1,000 pounds of fireworks while the City’s is approximately 800 pounds. In addition, in 2002, the South Coast Air Quality Management District monitored and evaluated air quality impacts caused by fireworks shows similar in size to the one planned for the City’s Fourth of July Celebration and determined there was no exceedance of State Relative Exposure Levels (RELs). AB2588 Health Risk Assessment values submitted as part of the evaluation also indicated that the cancer exposure risk from the fireworks displays is 1.8 in one million maximum cancer risk.2 1 SDRWQCB ORDER NO. R9-2011-0022/ NPDES NO. CAG999002: General National Pollutant Discharge Elimination System (NPDES) permit for residual firework pollutant waste discharges to waters of the United States in the San Diego Region from the public display of fireworks - Adopted May 11, 2011.
2 White Paper on Status of Fireworks Displays and Fireworks Regulations in the South Coast Air Basin, South Coast Air Quality Management District, July 9, 2004.

4.6 Packet Pg. 48
Fourth of July Waiver
April 25, 2023

Page 3 ends

CEQA FINDINGS:

The Regional Board has determined, pursuant to Order No. R9-2011-0022 adopted May 11, 2011, that fireworks shows do not exceed relevant requirements for water quality subject to the discharge prohibitions and specifications, receiving waters limitations, and provisions incorporated into the referenced order. In addition, in 2002, the South Coast Air Quality Management District monitored and evaluated air quality impacts caused by fireworks shows similar in size to the one planned for the City’s Fourth of July Celebration and determined there was no exceedance of State Relative Exposure Levels (RELs). AB2588 Health Risk Assessment values submitted as part of the evaluation also indicated that the cancer exposure risk from the fireworks displays is 1.8 in one million maximum cancer risk. (SCAQMD, July 9, 2004). Therefore, the City’s fireworks display associated with its Fourth of July Celebration will not have a significant effect on the environment. In addition, it has been determined that the City’s Fourth of July fireworks display is categorically exempt from CEQA pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to Land). A Class 4 categorical exemption applies to minor and temporary uses of land having negligible or no permanent effects on the environment.

FISCAL IMPACT:

The application for the fireworks display permit and adoption of the proposed Categorical Exemption will have no fiscal impact.

ATTACHMENTS:
• Attachment 1 - Notice of Exemption
• Attachment 2 - Application Form

4.6 Packet Pg. 49
Attachment 1
Notice of Exemption

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Packet Pg. 50
Attachment: Attachment 1 - Notice of Exemption (3145 : Fourth of July Waiver)

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011

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Attachment: Attachment 1 - Notice of Exemption (3145 : Fourth of July Waiver) Attachment 2
Application Form

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 1

INTRODUCTION
This application package constitutes a Report of Waste Discharge (ROWD) pursuant to California Water Code Section 13260. Section 13260 states that persons discharging or proposing to discharge waste that could affect the quality of the waters of the State, other than into a community sewer system, shall file a ROWD containing information which may be required by the appropriate Regional Water Quality Control Board (RWQCB).

This package is to be used to start the application process for all waste discharge requirements (WDRs) and National Pollutant Discharge Elimination System (NPDES) permits* issued by a RWQCB except:

1. Those landfill facilities that must use a joint Solid Waste Facility Permit Application Form, California Integrated Waste Management Board Form E-1-77; and

2. General WDRs or general NPDES permits that use a Notice of Intent to comply or specify the use of an alternative application form designed for that permit.

This application package contains:

1. Application/General Information Form for WDRs and NPDES Permits [Form 200 (10/97)].

2. Application/General Information Instructions.

Instructions
Instructions are provided to assist you with completion of the application. If you are unable to find the answers to your questions or need assistance with the completion of the application package, please contact your RWQCB representative. The RWQCBs strongly recommend that you make initial telephone or personal contact with RWQCB regulatory staff to discuss a proposed new discharge before submitting your application.

The RWQCB representative will be able to answer procedural and annual fee related questions that you may have. (See map and telephone numbers inside of application cover.)
All dischargers regulated under WDRs and NPDES permits must pay an annual fee, except dairies, which pay a filing fee only. The RWQCB will notify you of your annual fee based on an evaluation of your proposed discharge. Please do NOT submit a check for your first annual fee or filing fee until requested to do so by a RWQCB representative. Dischargers applying for reissuance (renewal) of an existing NPDES permit or update of an existing WDR will be billed through the annual fee billing system and are therefore requested NOT to submit a check with their application. Checks should be made payable to the State Water Resources Control Board.

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 2
Additional Information Requirements
A RWQCB representative will notify you within 30 days of receipt of the application form and any supplemental documents whether your application is complete. If your application is incomplete, the RWQCB representative will send you a detailed list of discharge specific information necessary to complete the application process. The completion date of your application is normally the date when all required information, including the correct fee, is received by the RWQCB.
*NPDES PERMITS: If you are applying for a permit to discharge to surface water, you will need an NPDES permit which is issued under both State and Federal law and may be required to complete one or more of the following Federal NPDES permit application forms: Short Form A, Standard Form A, Forms 1, 2B, 2C, 2D, 2E, and 2F. These forms may be obtained at a RWQCB office or can be ordered from the National Center for Environmental Publications and Information at (513) 891-6561

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 3
State of California
Regional Water Quality Control Board

APPLICATION/REPORT OF WASTE DISCHARGE

GENERAL INFORMATION FORM FOR

WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT

INSTRUCTIONS
Instructions for completing the application/report of waste discharge general information form for: waste discharge requirements/ NPDES permit.

If you have any questions on the completion of any part of the application, please contact your RWQCB representative. A map of RWQCB locations, addresses, and telephone numbers is located on the reverse side of the application cover.

I. FACILITY INFORMATION
You must provide the factual information listed below for ALL owners, operators, and locations and, where appropriate, for ALL general partners and lease holders.

A. FACILITY: Legal name, physical address including the county, person to contact, phone number, and email at the facility. (NO P.O. Box numbers. If no address exists, use street and nearest cross street).

B. FACILITY OWNER: Legal owner, address, person to contact, phone number, and email. Also include the owner’s Federal Tax Identification Number.

Owner Type: Check the appropriate owner type. The legal owner will be named in the WDRs/NPDES permit.

C. FACILITY OPERATOR (The agency or business, not the person): If applicable, the name, address, person to contact, telephone number, and email for the facility operator. Check the appropriate Operator Type. If identical to B. above, enter “same as owner”.

D. OWNER OF THE LAND: Legal owner of the land(s) where the facility is located, address, person to contact, and phone number. Check the appropriate Owner Type. If identical to B. above, enter “same as owner”.

E. ADDRESS WHERE LEGAL NOTICE MAY BE SERVED: Address where legal notice may be served, person to contact, and phone number. If identical to B. above, enter “same as owner”.

Address where annual fee invoices should be sent, person to contact, and phone number. If identical to B. above, enter “same as owner”.

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 4
F. BILLING ADDRESS: Address where annual fee invoices should be sent, person to contact, and phone number. If identical to B. above, enter “same as owner”.

II. TYPE OF DISCHARGE
Mark the appropriate box to describe whether the waste will be discharged to: Land or Surface Water.

Check the appropriate box(es) which best describe the activities at your facility.

Hazardous Waste: If you check the Hazardous Waste box, STOP and contact a representative of the RWQCB for further instructions.

Landfills: A separate form, APPLICATION FOR SOLID WASTE FACILITY PERMIT/WASTE DISCHARGE REQUIREMENTS, California Integrated Waste Management Board Form E-1-77, may be required. Contact a RWQCB representative to help determine the appropriate form for your discharge.

III. LOCATION OF THE FACILITY
· Enter the Assessor’s Parcel Number(s) (APN), which is located on the property tax bill. The number can also be obtained from the County Assessor’s Office.

Indicate the APN for both the facility and the discharge point. · Enter the Latitude of the entrance to the proposed/existing facility and of the discharge point. Latitude and longitude information can be obtained from a U.S.

Geological Survey quadrangle topographic map. Other maps may also contain this information.
· Enter the Longitude of the entrance to the proposed/existing facility and of the discharge point.

IV. REASON FOR FILING
NEW DISCHARGE OR FACILITY: A discharge or facility that is proposed but does not now exist, or that does not yet have WDRs or an NPDES permit.

CHANGE IN DESIGN OR OPERATION: A material change in design or operation from existing discharge requirements. Final determination of whether the reported change is material will be made by the RWQCB.

CHANGE IN QUANTITY/TYPE OF DISCHARGE: A material change in characteristics of the waste from existing discharge requirements. Final determination of whether the reported change would have a significant effect will be made by the RWQCB.

CHANGE IN OWNERSHIP/ OPERATOR: Change of legal owner of the facility.

Complete Parts I, III, and IV only and contact the RWQCB to determine if additional information is required.

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 5

WASTE DISCHARGE REQUIREMENTS UPDATE OR NPDES PERMIT
REISSUANCE: WDRs must be updated periodically to reflect changing technology standards and conditions. A new application is required to reissue an NPDES permit which has expired.

OTHER: If there is a reason other than the ones listed, please describe the reason on the space provided. (If more space is needed, attach a separate sheet.) V. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
It should be emphasized that communication with the appropriate RWQCB staff is vital before starting the CEQA documentation and is recommended before completing this application. There are Basin Plan issues which may complicate the CEQA effort, and RWQCB staff may be able to help in providing the needed information to complete the CEQA documentation.

Name the Lead Agency responsible for completion of CEQA requirements for the project, i.e., completion and certification of CEQA documentation.

Check YES or NO. Has a public agency determined that the proposed project is exempt from CEQA? If the answer is YES, state the basis for the exemption and the name of the agency supplying the exemption on the space provided. (Remember that, if extra space is needed, use an extra sheet of paper, but be sure to indicate the attached sheet under Section VII. Other.)
Check YES or NO. Has the “Notice of Determination” been filed under CEQA? If YES, give the date the notice was filed and enclose a copy of the Notice of Determination and the Initial Study, Environmental Impact Report, or Negative Declaration. If NO, check the box of the expected type of CEQA document for this project, and include the expected date of completion using the timelines given under CEQA. The date of completion should be taken as the date that the Notice of Determination will be submitted. (If not known, write “Unknown”) VI. OTHER REQUIRED INFORMATION
To be approved, your application MUST include a COMPLETE characterization of the discharge. If the characterization is found to be incomplete, RWQCB staff will contact you and request that additional specific information be submitted.

This application MUST be accompanied by a site map. A USGS 7.5’ Quadrangle map or a street map, if more appropriate, is sufficient for most applications.

VII. OTHER
If any of the answers on your application form need further explanation, attach a separate sheet. Please list any attachments with the titles and dates on the space provided.

VIII. CERTIFICATION
Certification by the owner of the facility or the operator of the facility, if the operator is different from the owner, is required. The appropriate person must sign the application form.

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 6
Acceptable signatures are:

1. for a corporation, a principal executive officer of at least the level of senior vicepresident;

2. for a partnership or individual (sole proprietorship), a general partner or the proprietor;

3. for a governmental or public agency, either a principal executive officer or ranking elected/appointed official.

Discharge Specific Information
In most cases, a request to supply additional discharge specific information will be sent to you by a representative of the RWQCB. If the RWQCB determines that additional discharge specific information is not needed to process your application, you will be so notified.

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 1
State of California
Regional Water Quality Control Board

APPLICATION/REPORT OF WASTE DISCHARGE

GENERAL INFORMATION FORM FOR

WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT
I. FACILITY INFORMATION
A. FACILITY:

Name
Address
City/County/State/Zip Code
Contact Person
Telephone Number Email
B. FACILITY OWNER:

Name
Address
City/State/Zip Code
Contact Person
Telephone Number Email
Federal Tax ID
Owner Type (Mark one):

Individual Corporation Governmental Agency Partnership
Other:

C. FACILITY OPERATOR (The agency or business, not the person):

Name
Address
City/State/Zip Code
Contact Person
Telephone Number Email
Operator Type (Mark one):

Individual Corporation Governmental Agency Partnership
Other:

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 2
D. OWNER OF THE LAND
Name
Address
City/State/Zip Code
Contact Person
Telephone Number Email
Owner Type (Mark one):

Individual Corporation Governmental Agency Partnership
Other:

E. ADDRESS WHERE LEGAL NOTICE MAY BE SERVED
Address
City/State/Zip Code
Contact Person
Telephone Number Email
F. BILLING ADDRESS
Address
City/State/Zip Code
Contact Person
Telephone Number Email
II. TYPE OF DISCHARGE
Check Type of Discharge(s) Described in this Application:

Waste Discharge to Land Waste Discharge to Surface Water Check all that apply:

Animal or Aquacultural Wastewater Land Treatment Unit
Animal Waste Solids Landfill (see instructions)
Biosolids/Residual Mining
Cooling Water Storm Water
Domestic/ Municipal Wastewater Surface Impoundment
Treatment and Disposal
Dredge Material Disposal Waste Pile
Hazardous Waste (see instructions) Wastewater Reclamation Industrial Process Wastewater Other, please describe

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 3
III. LOCATION OF THE FACILITY
Describe the physical location of the facility:

1. Assessor’s Parcel Number(s)
Facility:

Discharge Point:

2. Latitude
Facility:

Discharge Point:

3. Longitude
Facility:

Discharge Point:

IV. REASON FOR FILING
Check all that apply:

New Discharge or Facility
Change in Design or Operation
Change in Quantity/Type of Discharge
Changes in Ownership/Operator (see instructions)
Waste Discharge Requirements Update or NPDES Permit Reissuance Other:

V. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Name of Lead Agency
Has a public agency determined that the proposed project is exempt from CEQA? Yes No
If yes, state the basis for the exemption and the name of the agency supplying the exemption on the line below:

Has a “Notice of Determination” been filed under CEQA?
Yes No
If Yes, enclose a copy of the CEQA document, Environmental Impact Report (EIR), or Negative Declaration. If No, identify the expected type of CEQA document and expected date of completion.

Expected CEQA Documents: EIR Negative Declaration
Expected CEQA Completion Date:

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) Form 200 (10/97) 4
VI. OTHER REQUIRED INFORMATION
Please provide a COMPLETE characterization of your discharge. A complete characterization includes, but is not limited to, design and actual flows, a list of constituents and the discharge concentration of each constituent, a list of other appropriate waste discharge characteristics, a description and schematic drawing of all treatment processes, a description of any Best Management Practices (BMPs) used, and a description of disposal methods.

Also include a site map showing the location of the facility and, if you are submitting this application for an NPDES permit, identify the surface water to which you propose to discharge. Please try to limit your maps to a scale of 1:24,000 (7.5' USGS Quadrangle) or a street map, if more appropriate.

VII. OTHER
Attach additional sheets to explain any responses which need clarification. List attachments with titles and dates below:

You will be notified by a representative of the RWQCB within 30 days of receipt of your application. The notice will state if your application is complete or if there is additional information you must submit to complete your Application/Report of Waste Discharge, pursuant to Division 7, Section 13260 of the California Water Code.

VIII. CERTIFICATION
"I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Print Name Title
Signature Date

FOR OFFICE USE ONLY
Date Form 200
Received:

Letter to
Discharger:

Fee Amount
Received:

Check #:

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) California Environmental Protection Agency
Bill of Rights for Environmental Permit Applicants
California Environmental Protection Agency (Cal/EPA) recognizes that many complex issues must be addressed when pursuing reforms of environmental permits and that significant challenges remain. We have initiated reforms and intend to continue the effort to make environmental permitting more efficient, less costly, and to ensure that those seeking permits receive timely responses from the boards and departments of the Cal/EPA. To further this goal, Cal/EPA endorses the following precepts that form the basis of a permit applicant's "Bill of Rights."

1. Permit applicants have the right to assistance in understanding regulatory and permit requirements. All Cal/EPA programs maintain an Ombudsman to work directly with applicants. Permit Assistance Centers located throughout California have permit specialists from all the State, regional, and local agencies to identify permit requirements and assist in permit processing.

2. Permit applicants have the right to know the projected fees for review of applications, how any costs will be determined and billed, and procedures for resolving any disputes over fee billings.

3. Permit applicants have the right of access to complete and clearly written guidance documents that explain the regulatory requirements. Agencies must publish a list of all information required in a permit application and of criteria used to determine whether the submitted information is adequate.

4. Permit applicants have the right of timely completeness determinations for their applications. In general, agencies notify the applicant within 30 days of any deficiencies or determine that the application is complete. California Environmental Quality Act (CEQA) and public hearing requests may require additional information.

5. Permit applicants have the right to know exactly how their applications are deficient and what further information is needed to make their applications complete.

Pursuant to California Government code Section 65944, after an application is accepted as complete, an agency may not request any new or additional information that was not specified in the original application.

6. Permit applicants have the right of a timely decision on their permit application. The agencies are required to establish time limits for permit reviews.

7. Permit applicants have the right to appeal permit review time limits by statute or administratively that have been violated without good cause. For state environmental agencies, appeals are made directly to the Cal/EPA Secretary or to a specific board.

For local environmental agencies, appeals are generally made to the local governing board or, under certain circumstances, to Cal/EPA. Through this appeal, applicants may obtain a set date for a decision on their permit and, in some cases, a refund of all application fees (ask boards and departments for details).

8. Permit applicants have the right to work with a single lead agency where multiple environmental approvals are needed. For multiple permits, all agency actions can be consolidated under a lead agency. For site remediation, all applicable laws can be administered through a single agency.

9. Permit applicants have the right to know who will be reviewing their application and the time required to complete the full review process.

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Attachment: Attachment 2 - Application Form (3145 : Fourth of July Waiver) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: An Amendment to the City’s Schedule of Administrative Citation Fines and Penalties Related to Implementation of Short-Term Rental Regulations.

RECOMMENDATION: That the City Council:
1) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (Rates, Tolls, Fares, and Charges) of Title 14, Chapter 3 of the California Code of Regulations, and Section 21080(b)(8) of Division 13, Chapter 2.6 of the Public Resources Code; and 2) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, AMENDING AND RESTATING THE SCHEDULE OF ADMINISTRATIVE CITATION FINES AND PENALTIES.”
BACKGROUND:

The City Council introduced Ordinance No. 2023-2 on April 11, 2023, confirming that short-term rentals are a prohibited land use in all residential areas and zones in the City of Laguna Hills. Second reading and adoption of the ordinance is scheduled for April 25, 2023, and the ordinance will become effective 31 days later, on May 26, 2023.

The proposed amendment accomplishes the following:

1. Separates the penalties for infractions and misdemeanors, with the misdemeanor penalties higher than penalties for infractions. Misdemeanors can go as high as $1,000. Penalties for Infractions are on a sliding scale set by State law.

4.7 Packet Pg. 64
Amendment to the Schedule of Administrative Citation Fines and Penalties April 25, 2023

Page 2 ends

2. Penalties will conform to the Government Code where the second and subsequent violations are measured 12 months from the first violation rather than in a calendar year.

3. Recently added penalties for recycling (which are lower than standard infraction penalties per SB 1383) will remain.

4. Establishes a $1,000 administrative penalty for each short-term rental offense.

5. Establishes an 18% interest rate for late payment of fines for administrative citations.

ATTACHMENTS:
• Attachment 1 - Proposed Resolution

4.7 Packet Pg. 65
1742859.3
RESOLUTION NO. 2023-04-25-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, AMENDING AND

RESTATING THE SCHEDULE OF ADMINISTRATIVE

CITATION FINES AND PENALTIES
WHEREAS, California Government Code Section 53069.4 authorizes general law cities to adopt an Administrative Citation Program and related fines and penalties; and
WHEREAS, the City Council, at its regular meeting of September 11, 2018, adopted an ordinance enacting an Administrative Citation Program for violations of the Laguna Hills Municipal Code, as defined, as well as any ordinances adopted by the City Council; and
WHEREAS, Chapters 1-36 and 13-08 of the Laguna Hills Municipal Code provide that the amount of the Administrative Citation Program fines and penalties shall be set forth in a schedule of administrative fines and penalties established by resolution of the City Council; and
WHEREAS, the City Council desires to amend and restate Resolution Nos. 2018-09-11-1 and 2021-11-09-04 establishing and amending the schedule of fines and penalties for administrative citations to: 1) implement the regulations enacted in Ordinance No. 2023-2; 2) specify the penalties for violations of the Code punishable as infractions and misdemeanors; 3) clarify the late payment penalty; and 4) establish a late payment interest assessment.

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

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

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

SECTION 2. Adoption of Amended and Restated Administrative Citation Fines and Penalties. The City Council hereby approves and adopts the Administrative Citation Program Fines and Penalties Schedule as set forth in Exhibit “A,” a copy of which is attached hereto and incorporated herein by reference. The City Clerk is hereby authorized and directed to incorporate the Administrative Citation Program fines and penalties established herein, as set forth in Exhibit “A” attached hereto, into the City’s Comprehensive Fee Schedule.

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Attachment: Attachment 1 - Proposed Resolution (3144 : Amendment to the Schedule of Administrative Citation Fines and Penalties) Resolution No. 2023-04-25-X

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1742859.3
SECTION 3. Environmental Exemption. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15273 of CEQA Guidelines and Section 21080(b)(8) of the Public Resources Code; and in accordance with such determination, City staff is hereby directed to file a Notice of Exemption upon adoption of this Resolution.

SECTION 4. Rescission of Resolution Nos. 2018-09-11-1 and 2021-11-09-4.

Resolution Nos. 2018-09-11-1 and 2021-11-09-4 are hereby rescinded.

SECTION 5. Severability. If any penalty adopted by this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such fee, rate, or charge shall be deemed a separate, distinct, and independent provision of this Resolution, and such holding shall not affect the validity of the remaining penalties adopted or revised herein. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Resolution shall be effective on May 26, 2023.

PASSED, APPROVED, AND ADOPTED this 25th day of April 2023. ____________________________

JANINE HEFT, MAYOR
ATTEST:
___________________________________

JENNIFER LEE, CITY CLERK

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Attachment: Attachment 1 - Proposed Resolution (3144 : Amendment to the Schedule of Administrative Citation Fines and Penalties) Resolution No. 2023-04-25-X

Page 3 ends

1742859.3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2023-04-25-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 25th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

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Attachment: Attachment 1 - Proposed Resolution (3144 : Amendment to the Schedule of Administrative Citation Fines and Penalties) Resolution No. 2023-04-25-X

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1742859.3
Exhibit “A”
Administrative Citation Program Fines and Penalties Schedule Standard Administrative Citation Penalties for Infractions First violation $100
Second violation within one year $200
Third violation within one year $500
All subsequent violations within one year
of the first violation
$500
Standard Administrative Citation Penalties for Misdemeanors For violations of regulations punishable as misdemeanors the penalty shall be $1,000 for each offense.

Local Building and Safety Code Administrative Citation Penalties First violation $100
Second violation within one year $500
Third violation within one year $1,000
All subsequent violations within one year $1,000
All subsequent violations in commercial
properties within two years of the first
violation
$2,500
Administrative Citation Penalties for Chapter 5-32 Solid Waste and Recycling Violations First violation $50
Second violation within one year $100
Third violation within one year $250
All subsequent violations within one year
of the first violation
$250
Administrative Citation Penalties for Chapter 6-40 Short-Term Rentals Violations The administrative citation for violations of the regulations in Chapter 6-40 pertaining to Short-Term Rentals shall be $1,000 for each offense.

Late Payment Penalties; Interest
Except for Title 13 Animal Control penalties, payment for Administrative Citations is due by or before 30 days from the date the Citation is issued. Late payments are subject to a one-time penalty of 25% of the amount of the citation, which shall become part of the penalty required to be paid. In addition to such assessment, the person shall pay to the

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1742859.3
City interest at the rate of 1.5% per month, 18% per annum, or the maximum legal rate, whichever is higher, on all unpaid penalty amounts from the date payment was due.

Administrative Citation Penalties for Violations of Title 13 – Animal Control First violation $300
Second violation within one year $350
Third violation within one year $400
Fourth violation within one year $450
Fifth violation within one year $500
Sixth violation within one year $550
All subsequent violations within one year
of the first violation
$550
Late Penalties – Title 13 Animal Control
Payment for Administrative Citations is due by or before 30 days from the date the Citation is issued. A late penalty in the same amount of the underlying fine amount due pursuant to the above table shall accrue and be charged for any fine not paid within fifteen (15) days of the due date, such that the total amount due is double the unpaid penalty amount.

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Attachment: Attachment 1 - Proposed Resolution (3144 : Amendment to the Schedule of Administrative Citation Fines and Penalties) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Second Reading & Adoption of Proposed Ordinance Modifying the Parking Requirement for Low-Intensity Medical Office Uses RECOMMENDATION: That the City Council: 1) Adopt an Ordinance entitled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO. RZNE-0007-2023, AN AMENDMENT TO TITLE 9 (ZONING AND SUBDIVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE, UPDATING CHAPTER 9-44 (ACCESS AND PARKING) TO MODIFY THE PARKING

REQUIREMENT FOR LOW-INTENSITY MEDICAL OFFICE USES, SPECIFICALLY

CHIROPRACTIC, ACUPUNCTURE, OPTOMETRY, PHYSICAL THERAPY, AND PSYCHOTHERAPY OFFICES”; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

SUMMARY:

The proposed ordinance will update Chapter 9-44 (Access and Parking) of the Laguna Hills Municipal Code to decrease the number of parking stalls required from a minimum of 1 stall per 150 square feet of building area to a minimum of one stall for each 300 square feet of building area for low-intensity medical office uses, Including Chiropractic, Acupuncture, Optometry, Physical Therapy, and Psychotherapy Office. The proposed parking requirement for low-intensity medical office uses is equal to the parking requirement for other professional offices.

4.8 Packet Pg. 71
Second Reading & Adoption of Proposed Ordinance Modifying Parking Requirement April 25, 2023

Page 2 ends

Member Pezold were absent) on April 11, 2023. It is now in order to adopt the Ordinance and to authorize the Mayor/Mayor Pro Tempore to sign the Ordinance.

ATTACHMENTS:
• Proposed Ordinance Modifying Parking Requirements for Low-Intensity Medical Offices
• April 11, 2023, Ordinance Introduction Staff Report Including Attachments

4.8 Packet Pg. 72
1760330.1
ORDINANCE NO. 2023-X

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,

CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT
NO. RZNE-0007-2023, AN AMENDMENT TO TITLE 9
(ZONING AND SUBDIVISIONS) OF THE LAGUNA HILLS
MUNICIPAL CODE, UPDATING CHAPTER 9-44 (ACCESS

AND PARKING) TO MODIFY THE PARKING

REQUIREMENT FOR LOW-INTENSITY MEDICAL OFFICE

USES, SPECIFICALLY CHIROPRACTIC, ACUPUNCTURE,

OPTOMETRY, PHYSICAL THERAPY, AND

PSYCHOTHERAPY OFFICES

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS:

WHEREAS, Title 9 (Zoning and Subdivisions) of the Laguna Hills Municipal Code (LHMC) establishes allowable uses of property within all zoning districts in the City; and
WHEREAS, Chapter 9-44 (Access and Parking) of Title 9 of the LHMC establishes the required number of parking stalls for generic and individual allowable uses of property, to ensure that all land uses provide adequate off-street parking facilities; and
WHEREAS, Chapter 9-44 (Access and Parking) of Title 9 of the LHMC currently requires a minimum of one parking stall for each 150 square feet of gross floor area for all medical and dental office uses, with no distinction between intensities of use typically associated with various types of medical office uses; and WHEREAS, the City has received multiple inquiries and requests to consider a less-restrictive off-street parking stall requirement for low-intensity medical office uses such as chiropractic, acupuncture, optometry, physical therapy, and psychotherapy offices, all with similar operating characteristics including: limited practitioners and minimal support staff; extended one-on-one visits with the practitioner; visits by appointment only; and serving a narrow client base; and WHEREAS, the City Council desires to require the number of parking stalls, in accordance with Chapter 9-44 (Access and Parking) of Title 9 of the LHMC, that accurately reflects the intensity of different medical office uses while ensuring all medical office uses provide adequate off-street parking facilities; and WHEREAS, this Ordinance is a City-initiated zoning text amendment subject to Chapter 9-90 of the LHMC. Adoption of an amendment to the LHMC is a legislative act of the City Council subject to consideration and approval of an ordinance after a public hearing (LHMC §§ 9-90.050 and 9-90.060); and

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1760330.1
WHEREAS, the City Council of the City of Laguna Hills has held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties at a public hearing held on April 11, 2023.

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

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

SECTION 2. The City Council of the City of Laguna Hills hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Approval of the Ordinance does not approve any development project. Approval of the Ordinance modifies parking stall requirements for specific medical office uses already permitted and existing in the City.

SECTION 3. Title 9 of the Laguna Hills Municipal Code (Zoning and Subdivisions), Chapter 9-44 (Access and Parking), Table 9-44.A (Number of Parking Stalls Required), is hereby amended to read as follows:

Use Required Number of Stalls
Office Uses
Medical and Dental Office 1 stall/150 SF-GFA, except that chiropractic, acupuncture, optometry, physical therapy, and
psychotherapy offices shall provide 1 stall/300 SFGFA
SECTION 4. This Ordinance shall take effect on May 26, 2023, the 31st day following the adoption of this Ordinance by the City Council.

SECTION 5. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Laguna Hills Municipal Code.

SECTION 6. 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.

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1760330.1
SECTION 7. 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.

PASSED, APPROVED, AND ADOPTED this 25th day of April 2023. ____________________________________

JANINE HEFT, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

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1760330.1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2023-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the 11th day of April 2023, and that thereafter, said Ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the 25th day of April 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

4.8.a
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1760330.1

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 City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2023-X, being:

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO.

RZNE-0007-2023, AN AMENDMENT TO TITLE 9 (ZONING AND

SUBDIVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE,
UPDATING CHAPTER 9-44 (ACCESS AND PARKING) TO

MODIFY THE PARKING REQUIREMENT FOR LOW-INTENSITY

MEDICAL OFFICE USES, SPECIFICALLY CHIROPRACTIC,

ACUPUNCTURE, OPTOMETRY, PHYSICAL THERAPY, AND

PSYCHOTHERAPY OFFICES
on the 20th day of April 2023, and on the X day of X 2023, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the 14th day of April 2023, and the X day of X 2023, 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, CITY CLERK
Laguna Hills, California

4.8.a
Packet Pg. 77
Attachment: Proposed Ordinance Modifying Parking Requirements for Low-Intensity Medical Offices (3130 : Second Reading & Adoption of City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 11, 2023
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Introduction and First Reading of a Proposed Ordinance Modifying the Parking Requirement for Low-Intensity Medical Office Uses RECOMMENDATION: That the City Council:
1) Conduct a public hearing; and
2) Find and determine that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly; and 3) 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, ADOPTING ZONING TEXT AMENDMENT NO. RZNE-0007-2023, AN AMENDMENT TO TITLE 9 (ZONING AND SUBDIVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE, UPDATING CHAPTER 9-44 (ACCESS AND PARKING) TO MODIFY THE

PARKING REQUIREMENT FOR LOW-INTENSITY MEDICAL OFFICE USES INCLUDING

CHIROPRACTIC, ACUPUNCTURE, OPTOMETRY, PHYSICAL THERAPY, AND PSYCHOTHERAPY OFFICES”.

SUMMARY:

Currently, the City’s Development Code requires a minimum parking ratio of one stall

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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed Parking Requirement for Low-Intensity Medical Office Uses April 11, 2023

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for each 150 square feet of building area for all medical and dental office uses, compared to one stall for each 300 square feet of building area for other professional offices. The City receives requests from time to time for relief from the more restrictive medical office parking ratio, typically from chiropractors, acupuncturists, optometrists, physical therapists, and psychotherapists, claiming their uses have lower-intensity operating characteristics than other medical uses. These characteristics include: limited practitioners and minimal support staff; extended one-on-one visits with the practitioner; visits by appointment only; and serving a narrow client base. In contrast, typical clinics and medical and dental offices tend to have: more practitioners and/or larger support staffs; queues in waiting rooms; overlapping of patient visits; and they accommodate more emergency visits.

Based on these inquiries, staff researched the issue, concluded that certain low-intensity medical office uses do warrant a less restrictive parking ratio, and initiated an ordinance for City Council consideration. The proposed ordinance requires a minimum of one stall for each 300 square feet of building area for low-intensity medical office uses, equal to the parking requirement for other professional offices.

BACKGROUND:

In accordance with the City’s Development Code, medical office uses are a permitted use in the City’s Commercial, Office, and Mixed-Use zoning districts, through approval of an administrative Site Development Permit. In accordance with Development Code Table 9-44.A, Number of Parking Stalls Required (see Attachment 2), all medical and dental office uses require one off-street parking stall for each 150 square-feet of gross floor area (GFA) of the medical or dental tenant space. The Development Code minimum parking ratio for medical and dental offices is higher than other office uses, as summarized in Table 1, below:

Table 1, Number of Parking Stalls Required – Office Uses Office Use Code Required Number of Stalls
Business and professional office (except medical) 1 stall/300 SF-GFA Financial services (banks, savings and loans, credit unions) 1 stall/250 SF-GFA Medical and dental office 1 stall/150 SF-GFA
Veterinary office 1 stall/200 SF-GFA

6.1 Packet Pg. 65

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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed Parking Requirement for Low-Intensity Medical Office Uses April 11, 2023

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DISCUSSION:

Inquiries and requests for parking relief are made to the City from time to time by medical professionals considering locating or expanding their medical practice in the City of Laguna Hills, at locations that do not provide the minimum parking ratio required for medical and dental offices: one parking stall for each 150 square feet of tenant space area, in accordance with Development Code Table 9-44.A (see Table 1, above, and Attachment 2). These requests for parking relief typically come from a specific group of medical office uses, including chiropractors, optometrists, physical therapists, acupuncturists, and psychotherapists (treating mental conditions by verbal interaction), claiming to have lower-intensity operating characteristics than traditional clinics and doctors’ and dentists’ offices, thereby warranting a less restrictive minimum parking ratio.

Claims have been made to the City that requiring low-intensity medical office uses to satisfy the same parking requirement (1 stall/150 s.f.) as higher-intensity medical office uses restricts low-intensity uses to medical office buildings with adequate parking to meet the restrictive medical office parking standard. These medical office buildings typically charge higher rent due to the additional parking provided, and requiring the same amount of parking for all medical office uses, including low-intensity uses, has the potential to artificially tighten the rental market for medical office space, thereby inflating rental rates for all medical professionals.

Certain low-intensity medical office uses, such as chiropractic, acupuncture, optometry, physical therapy, and psychotherapy offices have similar operational characteristics and can be categorized differently than more intense medical office uses, such as clinics and traditional doctors’ and dentists’ office uses. Typical low-intensity operational characteristics include: limited practitioners and minimal support staff; extended oneon-one visits with the practitioner; visits by appointment only; and they serve a narrow client base.

In contrast, typical clinics and medical and dental offices tend to have: more practitioners and/or larger support staffs; queues in waiting rooms; overlapping of patient visits; and they accommodate emergency visits. These more intense medical office uses generate high trip volumes and demand relatively high parking requirements, such that the current Development Code requirement of one stall for each 150 square feet of tenant area is warranted. No change is proposed for these more intense medical office uses.

6.1 Packet Pg. 66

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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed Parking Requirement for Low-Intensity Medical Office Uses April 11, 2023

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Other medical office uses, however, such as chiropractic, acupuncture, optometry, physical therapy, and psychotherapy typically do not warrant the higher Development Code parking requirement for medical and dental offices. Because these low-intensity medical office uses generate fewer trips and disperse these trips more evenly throughout the day, they require fewer parking stalls than more intensive medical uses.

The proposed ordinance recognizes this distinction in parking demand and requires a minimum parking ratio of one parking stall for each 300 square feet of tenant space, equal to parking required for other professional offices.

ATTACHMENTS:
• Attachment 1- Proposed Ordinance Adopting Modified Parking Requirement for Low-Intensity Medical Office Uses
• Attachment 2- Development Code Table 9-44.A, Number of Parking Stalls Required, Excerpt for Office Uses

6.1 Packet Pg. 67

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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed 1760330.1
ORDINANCE NO. 2023-X

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,

CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT
NO. RZNE-0007-2023, AN AMENDMENT TO TITLE 9
(ZONING AND SUBDIVISIONS) OF THE LAGUNA HILLS
MUNICIPAL CODE, UPDATING CHAPTER 9-44 (ACCESS

AND PARKING) TO MODIFY THE PARKING

REQUIREMENT FOR LOW-INTENSITY MEDICAL OFFICE

USES INCLUDING CHIROPRACTIC, ACUPUNCTURE,

OPTOMETRY, PHYSICAL THERAPY, AND

PSYCHOTHERAPY OFFICES

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS:

6.1.a
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Attachment: Attachment 1- Proposed Ordinance Adopting Modified Parking Requirement for Low-Intensity Medical Office Uses (3119 : Parking

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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed Ordinance No. 2023-X

Page 2 ends

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

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

Use Required Number of Stalls
Office Uses
Medical and Dental Office 1 stall/150 SF-GFA, except that chiropractic, acupuncture, optometry, physical therapy, and
psychotherapy offices shall provide 1 stall/300 SFGFA
SECTION 4. This Ordinance shall take effect on , 2023, the 31st day following the adoption of this Ordinance by the City Council.

SECTION 5. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Laguna Hills Municipal Code.

6.1.a
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Attachment: Attachment 1- Proposed Ordinance Adopting Modified Parking Requirement for Low-Intensity Medical Office Uses (3119 : Parking

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Page 3 ends

PASSED, APPROVED, AND ADOPTED this X day of X 2023.
____________________________________

JANINE HEFT, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

6.1.a
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Attachment: Attachment 1- Proposed Ordinance Adopting Modified Parking Requirement for Low-Intensity Medical Office Uses (3119 : Parking

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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed Ordinance No. 2023-X

Page 4 ends

1760330.1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2023-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the X day of X 2023, 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 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

6.1.a
Packet Pg. 71
Attachment: Attachment 1- Proposed Ordinance Adopting Modified Parking Requirement for Low-Intensity Medical Office Uses (3119 : Parking

4.8.b
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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed Ordinance No. 2023-X

Page 5 ends

1760330.1

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 City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2023-X, being:

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO.

RZNE-0007-2023, AN AMENDMENT TO TITLE 9 (ZONING AND

SUBDIVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE,
UPDATING CHAPTER 9-44 (ACCESS AND PARKING) TO

MODIFY THE PARKING REQUIREMENT FOR LOW-INTENSITY

MEDICAL OFFICE USES INCLUDING CHIROPRACTIC,

ACUPUNCTURE, OPTOMETRY, PHYSICAL THERAPY, AND

PSYCHOTHERAPY OFFICES
on the X day of X 2023, and on the X day of X 2023, 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 2023, and the X day of X 2023, 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, CITY CLERK
Laguna Hills, California

6.1.a
Packet Pg. 72
Attachment: Attachment 1- Proposed Ordinance Adopting Modified Parking Requirement for Low-Intensity Medical Office Uses (3119 : Parking

4.8.b
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Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed

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6.1.b
Packet Pg. 73
Attachment: Attachment 2- Development Code Table 9-44.A, Number of Parking Stalls Required, Excerpt for Office Uses (3119 : Parking

4.8.b
Packet Pg. 87
Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3130 : Second Reading & Adoption of Proposed City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Second Reading & Adoption of Proposed Ordinance Prohibiting the Advertisement and Rental of Property for Short-Term Rental in All Residential Zones
RECOMMENDATION: That the City Council: 1) Adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 6-40 (SHORT-TERM RENTALS) TO TITLE 6 (PUBLIC WELFARE) OF THE LAGUNA HILLS

MUNICIPAL CODE TO PROHIBIT THE ADVERTISEMENT AND RENTAL OF PROPERTY FOR SHORT-TERM RENTAL IN ALL RESIDENTIAL ZONES”; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

SUMMARY:

The proposed ordinance will add Chapter 6-40 to Title 6 of the Laguna Hills Municipal Code prohibiting the advertisement and rental of property for short-term rental in all residential zones.

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 3-0 (Council Member Caskey and Council Member Pezold were absent) on April 11, 2023. It is now in order to adopt the Ordinance and to authorize the Mayor/Mayor Pro Tempore to sign the Ordinance.

4.9 Packet Pg. 88
Second Reading & Adoption of Proposed Ordinance Prohibitings STRs April 25, 2023

Page 2 ends

ATTACHMENTS:
• Proposed Ordinance Prohibiting the Advertisement and Rental of Property for Short-Term Rental
• April 11, 2023, Ordinance Introduction Staff Report Including Attachments

4.9 Packet Pg. 89
1763266.1
ORDINANCE NO. 2023-X

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 6-40 (SHORT-TERM
RENTALS) TO TITLE 6 (PUBLIC WELFARE) OF THE

LAGUNA HILLS MUNICIPAL CODE TO PROHIBIT THE

ADVERTISEMENT AND RENTAL OF PROPERTY FOR

SHORT-TERM RENTAL IN ALL RESIDENTIAL ZONES
WHEREAS, short-term rentals (STRs) are a prohibited use under the City’s Zoning and Development Code (Title 9 of the Laguna Hills Municipal Code); Section 9-10.050 of the Laguna Hills Municipal Code provides that, “Uses not specified in the master list or within the chapter for each zone are prohibited”; because short-term rentals are not an enumerated use under the Zoning and Development Code, they are prohibited; and WHEREAS, STRs do not conform with the intended use of dwelling units as defined under the City’s Zoning and Development Code; Chapter 9-04 (Definitions) of the Laguna Hills Municipal Code defines “Dwelling unit” as “one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a singlefamily housekeeping unit.”, and includes in the definition of “Single-family housekeeping unit” the provision that “occupancy of the dwelling unit is stable as opposed to transient”; because STRs constitute transient occupancy of a dwelling unit, they are prohibited; and WHEREAS, notwithstanding the prohibition against STRs, the City has received numerous noise and neighborhood disturbance complaints and has become aware of various residential properties being rented as STRs over the years and must now directly confirm that their operations in the City are prohibited; and WHEREAS, the City of Laguna Hills has been monitoring the STR phenomenon since 2016 to determine whether such commercial businesses operating within residential areas and neighborhoods are consistent with the City's vision for residential character and quality of life as reflected in the General Plan pertaining to Respect for Existing Neighborhoods, particularly Policy LU-2.4: Protect existing neighborhoods from the encroachment of incompatible activities and land uses because the City values the character of its existing neighborhoods, as they contribute to the extraordinary quality of life in the City; and Policy N-1.3: Limit future residential and other noise sensitive land uses in areas exposed to high levels of noise / utilize strategies to reduce noise experienced by sensitive uses at the point of reception; and WHEREAS, the City Council reviewed and discussed the issue of STRs operating as businesses within residential areas, zones, and districts at its regular City Council meetings of June 28, 2022, August 23, 2022, September 27, 2022, and February 28, 2023, and invited interested members of the public to address the City Council on the issue; and

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Attachment: Proposed Ordinance Prohibiting the Advertisement and Rental of Property for Short-Term Rental (3131 : Second Reading & Ordinance No. 2023-X

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1763266.1
WHEREAS, the conduct of STR business operations within residential areas and neighborhoods presents significant potential for creating negative secondary impacts and unreasonable nuisance conditions on surrounding residential properties related to noise, traffic, safety, parking, etc., and threatens an essential feature that defines the residential neighborhood character (i.e., knowing one's neighbors and developing neighborly relations with them); and
WHEREAS, the potential for further degradation of residential neighborhood character throughout neighborhoods in the City of Laguna Hills due to several surrounding cities already having adopted STR prohibition ordinances or interpreting their municipal codes as prohibiting STRs, including the neighboring cities of Aliso Viejo, Lake Forest, Laguna Niguel, and Irvine, plus others throughout the greater Orange County area, renders those remaining cities in the county that allow STRs "opportunity areas" for expansion of the commercial STR residential business model. It has now become evident that without clarifying the prohibition against STRs and providing for the express prohibition of STRs by the City, the City will become such an “opportunity area,” which potentially could result in accelerated and further expansion of numerous STRs within individual residential areas and neighborhoods in the City over time; and WHEREAS, STRs are associated with well-documented negative secondary impacts which have a detrimental effect on the public health, safety, and general welfare of residential areas and neighborhoods, including but not limited to, additional traffic, excessive noise, disorderly conduct, overcrowding, vandalism, parking problems, accumulation of refuse, crime, and the overall degradation of a neighborhood's residential character and quality; and
WHEREAS, the City has received numerous complaints about nuisance conditions and negative secondary impacts caused by STRs operating in single-family residential neighborhoods; and
WHEREAS, in declaring a housing crisis in the State of California, the Legislature has determined that the lack of housing is a critical problem that threatens the economic, environmental, and social quality of life in California. The City must preserve its available housing stock for residents and long-term renters who contribute to the City’s cultural diversity, quality and character of its existing single and multi-family residential neighborhoods, and economic vitality. STRs remove housing stock that could otherwise be made available for traditional rental housing, diminish the inventory in the for-sale housing market, and contribute to the State’s declared housing crisis; and WHEREAS, STRs constitute a commercial use of residential property, similar to other transient lodging accommodation uses such as hotels, motels, and bed and breakfasts. The commercial (non-residential) nature of STRs constitutes an incompatible use within residentially zoned areas and districts, with the potential to create a host of undesirable spillover effects, which ultimately negatively impacts the quality and character of neighborhoods. Although STRs are currently a prohibited use because they are not a specific enumerated use within the City’s Zoning and Development Code, this issue of

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compatibility between residential and commercial uses is addressed by the existing prohibition of bed and breakfasts and hotel operations in all residentially zoned districts.

This ordinance ensures that the separation of commercial business uses and residential uses is clearly maintained within all residential areas, zones, and districts; and WHEREAS, this ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to Article XI, Section 7, of the California Constitution.

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

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

SECTION 2. Code Adoption. Chapter 6-40 (Short-Term Rentals) is hereby added to Title 6 (Public Welfare) of the Laguna Hills Municipal Code to read in its entirety as follows:

CHAPTER 6-40

SHORT-TERM RENTALS
Sections:
6-40.010 – Intent and Purpose.
6-40.020 – Definitions.
6-40.030 – Prohibitions.
6-40.010 – Intent and Purpose.

The purpose and intent of this Chapter is to prohibit the advertisement for, operation, and/or establishment of short-term rental of any residential dwelling, dwelling unit, or room in a dwelling in all residential areas, zones, and districts of the City of Laguna Hills. 6-40.020 – Definitions.

For purposes of this Chapter, the following words and phrases shall have the meaning set forth below, unless another or different meaning is clearly intended from the context in which the phrase or words are used.
"Advertisement" means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, online marketplace, or any other form.

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“Short-term rental" shall mean the rental of any residential dwelling, dwelling unit, or room in a dwelling (in whole or in part), accessory structure (in whole or in part), accessory dwelling unit (in whole or in part), and/or a recreational vehicle located upon a parcel or a portion thereof, by owner(s) or lessee(s) to another person or group of people for occupancy, dwelling, lodging, or sleeping purposes in any residential area, zone, or district of the City of Laguna Hills for a period of less than 30 consecutive calendar days.

A short-term rental includes any contract or agreement that initially defined the rental term to be greater than 30 consecutive calendar days and which was subsequently amended, either verbally or in writing, to permit the occupant(s) of the owners’ or lessees’ short-term rental to surrender the subject dwelling unit before the expiration of the initial rental term that results in an actual rental term of less than 30 consecutive calendar days. The rental of rooms or units within city-approved hotels, motels, and bed and breakfasts shall not be considered to be a short-term rental.
6-40.030 – Prohibitions.

A. It shall be unlawful for any person or entity to offer or make available for rent or to rent (by way of a rental agreement, lease, license, or any other means, whether oral or written), for compensation or any consideration, a short-term rental.

B. No person or entity shall place or maintain any advertisement for a short-term rental prohibited by this Chapter.

C. It shall be unlawful for any person or entity to occupy, pursuant to a rental agreement, lease, license, or any other means, whether oral or written, for compensation or any consideration, a short-term rental.

SECTION 3. CEQA Clearance. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to state CEQA guidelines because it is not considered a project (14 Cal. Code Regs. § 15378) and 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)).

SECTION 4. Severability. 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

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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.

PASSED, APPROVED, AND ADOPTED this 25th day of April 2023. ________________________________

JANINE HEFT, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2023-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the 11th day of April 2023, and that thereafter, said ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the 25th day of April 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

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1763266.1

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 City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2023-X, being:

AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA,
ADDING CHAPTER 6-40 (SHORT-TERM RENTALS) TO TITLE 6
(PUBLIC WELFARE) OF THE LAGUNA HILLS MUNICIPAL CODE

TO PROHIBIT THE ADVERTISEMENT AND RENTAL OF

PROPERTY FOR SHORT-TERM RENTAL IN ALL RESIDENTIAL
ZONES
on the 20th day of April 2023, and on the X day of X 2023, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the 14th day of April 2023, and the X day of X 2023, 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, CITY CLERK
Laguna Hills, California

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Attachment: Proposed Ordinance Prohibiting the Advertisement and Rental of Property for Short-Term Rental (3131 : Second Reading & City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 11, 2023
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Introduction and First Reading of a Proposed Ordinance Prohibiting the Advertisement and Rental of Property for Short-Term Rental in All Residential Zones
RECOMMENDATION: That the City Council:
1) Receive the staff report; and
2) Find and determine that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to state CEQA guidelines because it is not considered a project (14 Cal. Code Regs. § 15378) and 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)); and 3) Introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: “AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 6-40 (SHORT-TERM RENTALS) TO TITLE 6 (PUBLIC WELFARE) OF THE

LAGUNA HILLS MUNICIPAL CODE TO PROHIBIT THE ADVERTISEMENT AND RENTAL OF PROPERTY FOR SHORT-TERM RENTAL IN ALL RESIDENTIAL ZONES.” 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 an extremely large house party causing a public nuisance on June 18, 2022, located at 25166 Rockridge Road. The City Council directed staff to research the issue and explore options to

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April 11, 2023

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regulate STRs. Staff surveyed neighboring cities and learned that a majority of them do not allow STRs. The City also retained a STR compliance consultant, Rentalscape, which determined that as of June 2022 there were 29 active STRs operating in the City, including 9 STRs where only a room is rented, with the remainder of the dwelling occupied by the homeowner, and 20 STRs where the entire dwelling is rented.

The City Council further discussed STRs on August 23, 2022 and September 27, 2022, when the Council directed staff to conduct a resident survey regarding STRs. The resident survey, considered by the City Council on February 28, 2023, indicated that 71% of respondents support a ban on STRs. At the February 28 meeting, the City Council directed City staff and the City Attorney to prepare an ordinance (Attachment 1) confirming that STRs are prohibited uses in all residential areas, zones, and districts in the City of Laguna Hills.

BACKGROUND:

Short-Term Rentals (STRs) are residential properties, or portions thereof, that are rented for transient lodging or transient occupancy of less than 30 consecutive calendar 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 residential community living in proximity to 25166 Rockridge Road, a residence where an STR was used as an extremely large party house on June 18, 2022, which created significant public nuisance conditions. 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 and September 27, 2022, at which time the City Council directed staff to further research the issue and to conduct a survey (Attachment 2) of the City’s residents regarding STRs. On February 28, 2023, the Council considered the resident survey, received public testimony, and directed City staff and the City Attorney to prepare an ordinance (Attachment 1) confirming that STRs are prohibited uses in the City. The February 28, 2023, City Council meeting minutes and staff report are provided in Attachments 3 and 4, respectively.

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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. Fountain Valley is the most recent city to ban all STRs.

Resident STR Survey Results
Staff prepared and conducted an on-line STR survey with both multiple-choice and open-ended questions. The survey was launched on November 14, 2022, ran for 18 days, and closed on December 1, 2022. Residents were advised about the STR survey using a resident email list, posting to social media (Facebook, Twitter, and Instagram), and with a press release posted on the City’s website. The City received a total of 140 survey responses, with 71% of respondents supporting a ban on STRs within the City. A summary of the resident survey results is provided in Attachment 2, including responses to an open-ended question asking residents for additional comments.

Laguna Hills Short-Term Rentals
To better understand the scope and scale of STRs operating in Laguna Hills in violation of the City’s Development and Zoning Code, staff engaged Rentalscape, an STR compliance consultant. According to the Rentalscape data, there were a total of 29 STRs located in Laguna Hills as of June 2022. 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 homeowners’ 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.

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

Negative Secondary Impacts to Residential Neighborhoods Prior to the advent of the online marketplace and the various web-based hosting sites (e.g., Airbnb, VRBO, HomeAway, Travelocity, etc.) that provide for residential-based STR of whole homes or individual rooms within homes, the concept of transient lodging was associated almost entirely with commercial hotels and motels. With the increase in popularity and availability of hosting platforms, the City began monitoring the STR phenomenon in approximately 2016. Unlike cities that are a big draw for vacationers like beach cities or a resort city like Anaheim (with Disneyland Resort), Laguna Hills has not attracted a high level of interest in STRs. For this reason, the City (until recently) had not experienced significant neighborhood conflicts that often are associated with STRs in these other cities.

Recently, however, significant complaints from Laguna Hills residents have arisen and the potential for STR guests to disrupt the quality of life for neighboring properties has increased. In part, this is due to the fact that vacationers tend to stay up later than permanent residents conversing, playing music, dancing, enjoying backyard amenities (e.g., pools and spas), etc., which can be of concern to adjacent and surrounding residents. Even more problematic, in many instances (and all too frequently) residential dwellings are specifically rented as a STR for the sole purpose of throwing large parties, which create significant negative secondary impacts as well as nuisance conditions.

These so-called "nuisance conditions" can reduce the quality of life for permanent residents, particularly when they occur on a regular basis.

Moreover, there also is potential for much greater impacts to neighboring properties with certain STR operations that are either not well-managed, or that operate as commercial entertainment event facilities. Such operations often include large gatherings of guests for parties, birthday parties, anniversaries, weddings, or similar "entertainment events." In addition to the above noted "nuisance conditions," these business operations can also create traffic and parking demands that exceed the capacity of the property to accommodate. They often may include amplified music, live music, increased trash, public urination, loitering outside on the street by event attendees, as well as potential criminal conduct.

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Recently, one neighborhood's concerns regarding the City's monitoring approach regarding STR operations (and, more specifically, an STR property located at 25166 Rockridge Road) became readily apparent. According to correspondence and public testimony received, the subject STR generated significant negative secondary impacts on the neighborhood and public nuisance conditions, including excessive noise and parking impacts, trash, loitering, public urination, the blocking of streets, smoking, and suspicious activity; all of which the complaining residents believed were not conducive to the quiet enjoyment of their residential neighborhood. The adversely affected residents expressed opposition to the notion of transient occupancy of STRs by unknown persons; they did not believe this type of business operation was consistent with the City's idea of "community" or "neighborhood."
City Council Deliberations
After receiving public input on June 28, 2022, August 23, 2022, and September 27, 2022, on February 28, 2023, the City Council deliberated and voted, unanimously, to provide direction to City staff and the City Attorney to further research this issue and to prepare an ordinance confirming the prohibition of STRs in all residential zones in the City. The Council generally shared the concerns of the numerous residents who spoke in opposition to allowing the operation of STR commercial businesses in residential areas and neighborhoods. A copy of the proposed Ordinance confirming the prohibition of short-term rental of any residential dwelling, dwelling unit, or room in a dwelling in all residential areas, zones, and districts in the City is attached hereto as Attachment 1.

STR Ordinance Penalties
Pursuant to Section 1-32.010 of the Municipal Code, violations of City ordinances are punishable as misdemeanors, which carry a penalty of up to $1,000 fine and/or six months in County jail. The $1,000 fine is the maximum permissible fine for an ordinance violation in a general law city, pursuant to Government Code section 36901.

Furthermore, Section 1-32.060 of the Municipal Code provides that in addition to the foregoing penalties, violations of City ordinances are subject to administrative fines or penalties in an amount established by resolution of the City Council in accordance with Government Code section 53069.4. Section 1-36.050.C provides that for purposes of administrative fines, each and every day a violation exists constitutes a separate and distinct offense that is subject to the fine.

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City Council Resolution No. 2018-09-11-1 establishes the administrative citation fines and penalties for violations of current regulations in the Municipal Code. Upon adoption of the proposed STR ordinance, staff will bring a resolution to add an administrative citation penalty for violations of the STR ordinance. The proposed penalty will be set at $1,000 per violation, per each day that the violation exists. If adopted, the first citation for an illegal STR may be in the amount of $2,000 in the event that the City finds evidence that a property owner illegally advertised their residential property for rent as a STR, and for the rental of the property as an illegal STR. Then, the illegal STR will be subject to $1,000 fines for each day that the violation exists, and additional $1,000 fines if the property owner continues to advertise the illegal STR.

CEQA FINDINGS:

The adoption of the proposed Ordinance is not a project under the California Environmental Quality Act ("CEQA") pursuant to Title 14 California Code of Regulations Section 15378, and further, even if it were considered a project, the proposed amendment is exempt pursuant to Title 14 California Code of Regulations Section 15061(b)(3), in that it proposes no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

ATTACHMENTS:
• Attachment 1 – Proposed Ordinance
• Attachment 2 – Resident STR Survey Results
• Attachment 3 – February 28, 2023, City Council Meeting Minutes • Attachment 4 – February 28, 2023, City Council Staff Report with Attachments

7.3.1 Packet Pg. 110

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Packet Pg. 101 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Reading & Adoption of Proposed 1763266.1
ORDINANCE NO. 2023-X

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 6-40 (SHORT-TERM
RENTALS) TO TITLE 6 (PUBLIC WELFARE) OF THE

LAGUNA HILLS MUNICIPAL CODE TO PROHIBIT THE

ADVERTISEMENT AND RENTAL OF PROPERTY FOR

7.3.1.a
Packet Pg. 111 Attachment: Attachment 1 – Proposed Ordinance (3120 : Short-Term Rental Ordinance)

4.9.b
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Packet Pg. 112 Attachment: Attachment 1 – Proposed Ordinance (3120 : Short-Term Rental Ordinance)

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1763266.1
compatibility between residential and commercial uses is addressed by the existing prohibition of bed and breakfasts and hotel operations in all residentially zoned districts.

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

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

SECTION 2. Code Adoption. Chapter 6-40 (Short-Term Rentals) is hereby added to Title 6 (Public Welfare) of the Laguna Hills Municipal Code to read in its entirety as follows:

CHAPTER 6-40

SHORT-TERM RENTALS
Sections:
6-40.010 – Intent and Purpose.
6-40.020 – Definitions.
6-40.030 – Prohibitions.
6-40.010 – Intent and Purpose.

7.3.1.a
Packet Pg. 113 Attachment: Attachment 1 – Proposed Ordinance (3120 : Short-Term Rental Ordinance)

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B. No person or entity shall place or maintain any advertisement for a short-term rental prohibited by this Chapter.

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Packet Pg. 114 Attachment: Attachment 1 – Proposed Ordinance (3120 : Short-Term Rental Ordinance)

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PASSED, APPROVED, AND ADOPTED this X day of April 2023. ________________________________

JANINE HEFT, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2023-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the X day of X 2023, 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 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

7.3.1.a
Packet Pg. 115 Attachment: Attachment 1 – Proposed Ordinance (3120 : Short-Term Rental Ordinance)

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1763266.1

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 City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2023-X, being:

AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA,
ADDING CHAPTER 6-40 (SHORT-TERM RENTALS) TO TITLE 6
(PUBLIC WELFARE) OF THE LAGUNA HILLS MUNICIPAL CODE

TO PROHIBIT THE ADVERTISEMENT AND RENTAL OF

PROPERTY FOR SHORT-TERM RENTAL IN ALL RESIDENTIAL
ZONES
on the X day of X 2023, and on the X day of X 2023, 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 2023, and the X day of X 2023, 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, CITY CLERK
Laguna Hills, California

7.3.1.a
Packet Pg. 116 Attachment: Attachment 1 – Proposed Ordinance (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 107 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Reading & Adoption of Proposed Survey Results

1. Are you a resident of Laguna Hills?
Yes, and I own my home: 93%
Yes, and I rent my home: 4%
No: 3%

2. Are you aware of any short-term rentals operating near your home? Yes: 49.3%
No: 42.1%
I don’t know: 8.6%

3. How would you feel about having a short-term rental operating near your home?
Not an issue: 24.4%
Somewhat uncomfortable: 3.6%
Very uncomfortable: 72%

4. Have you ever been disrupted by short-term rentals in your neighborhood? Yes: 45%
No: 55%

5. What might be your biggest concern with a short-term rental operating near your home?
No concerns: 9.3%
Parking impacts: 24.3%
Noise impacts: 6.4%
Safety/security concerns: 56.4%
Trash or otherwise impacting the visual appeal of the neighborhood: 3.6%

6. Do you believe short-term rentals should allowed in Laguna Hills? Yes, with no specific regulations imposed: 10%
Yes, with regulations considered through a permit process: 18.6% No, short-term rentals should not be allowed in Laguna Hills: 71.4%

7. Please provide any additional comments you have regarding short-term rentals in Laguna Hills.

Please see next page.

7.3.1.b
Packet Pg. 117 Attachment: Attachment 2 – Resident STR Survey Results (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 108 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Reading & Adoption of Proposed Short term rentals in homes do nothing but cause disruption and are a business.

If we co to us to allow they should be taxed to cover cost of additional law enforcement.

They haven't been a problem.

Short term rentals should not be allowed in our city. These are unregulated by the rental websites and they have no control over the renters, safety of the neighborhood, do not enforce their own rules/contractual obligations, and the fines imposed are minimal compared to the nuisances the neighbors have to endure. Renters are often loud past the time limit, have large parties, disturb the residents, and bring crime into the neighborhoods. At a bare minimum there should be a 30+ day limit on rentals if permitted and they should have to file for a permit. Our surrounding cities already limit or prohibit STR's (AV, LN, SJC, Irvine, LB,LF, Tustin 31+ day ). There should be No Grandfathered STRs allowed. Please help keep our city safe, beautiful and a great place for families by prohibiting short term rentals.

Short term rentals bring noise and security concerns. If it's short term there is no pride of ownership. Brings property values down. We want to live in homes where we know our neighbors.

How about minimum 2 or 3 weeks? Not sure about 30 days.

Noise impacts, trash or otherwise impacting the visual appeal of the neighborhood, and parking impacts.

Leave property owners alone.

There seems to be a direct correlation between the care people give their property and the time they spend it that property. ie. owners take better care of their property and community than renters do. This seems evident when looking at Lake Forest.

Laguna Hills is a community of families raising their kids and trying to live the best quality of life. Short term rentals have no place in family neighborhoods. With increased crime why invite more opportunities for crime and noise? As residents we have a right to live in a quiet calm area where we don't have to worry about revolving door parties and increased safety concerns that come along with short term rentals. There is a reason cities are not allowing these.

HOAs have tried to impose restrictions in bylaws, however, due to state laws, not much can be done with existing Short term rental businesses There is a house on our street that is on Air BNB and a few months ago a motorcycle club rented it out and the next morning they were riding up and down our street and revving their engines for the longest time. Very unsafe and too loud. This is a family neighborhood and usually quiet, which we all love. Another time they rented to someone who threw a party and there were tons of cars and young people out in the street and partying. Not something we should have to deal with in our neighborhood! Turning a single family dwelling into a small hotel is not an intended use or what is was zoned for. The constant transient nature of people, vehicles and party rental trucks a STR in itself causes makes neighborhood watch impossible. Use of the Sheriff to police unruly events is using a resource for a purpose it was not intended for. Hotels exist within our City for the intended purposes and the City collects the appropriate taxes for their use. There is no benefit to allow STRs to exist other than the greed of the individual property owner who wants to use their property outside the normal limits.

Tax them like hotels with TOT. It's not fair for our hotel owners to compete with Airbnb and VRBO that don't have TOT tax on them.

7.3.1.b
Packet Pg. 118 Attachment: Attachment 2 – Resident STR Survey Results (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 109 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Noice ordinance which already in place for all.

I don't see a problem with short term rentals in my neighborhood. What concerns me more are the half way homes housing people in drug recovery.

There are many just in my neighborhood.

Plenty of hotels in the area to accommodate visitors especially in the area proposed.

Thank you for considering the concerns of the residents.

Short term rentals do not fit into a community with young children. We need to have homes available to families and people who want to be part of a community for a long time.

Short-term rentals are detrimental to the community in which they reside - from safety/security, to noise, trash, lowering property values, and overall disruption to the sense of community are just a few of the reasons Laguna Hills must follow our local cities like Irvine, Costa Mesa, Fountain Valley (to name a few) ...and ban STR's
Absolutely not in favor for STR's in Laguna Hills. The very big reason is safty & security, not to mention loud noises, trash all over on the street & adjoining streets. It's been scary due to weapon sensors have been used & guests urinating on the streets Last weekend the airbnb next door had 25 cars parked in our cul-de-sac overnight and had bright lights and equipment in the yard and driveway because they were filming a movie.

I know the residents next to the short term rentals in our neighborhood are living a nightmare. I feel strongly that those, as well as recovery houses, have no place here. Safety and crime are becoming larger issues every passing month and these do not impact our quality of life in a positive way.

People move to Laguna Hills to be part of a residential community, not in the middle of a party town.

It's the party aspect that's the issue. Noise trash security concerns Most cities are banning them, and for specific reasons. Hopefully they will be disallowed in all neighborhoods.

We already have a shortage of homes, short term rentals just encourage investors to purchase homes and rent out short term. It takes properties away from people who actually want to live here.

I lived a couple of doors down from an vacation rental and the noise was unbearable people are on vacation and wanting to have fun so they stay up late, play music, talk loud etc. The police was often being called on the vacationers.

Am aware of several â€œcare/ rehab facilitiesâ€ in my neighborhood and do not want those either. They are disruptive in all ways listed abovenoise,safety, parking etc.

We already allow drug rehab homes to be our neighbors so why would it be worse? We've had super loud arguments, people vomiting over the balcony, loud music and people yelling down to us when we are in our backyard ALL from a dry rehab, so no, a short term rental really isn't a big deal.

I am very concerned about the parking impact, noise impact, safety, and security problems. I have had conversations with Nellie Gail neighbors who have had bad experiences with short-term renters on their streets.

This creates an unsafe feeling in an otherwise quiet and safe neighborhood. It was never our intention to live near short term rentals with constant turnover and limited accountability. I'm concerned for the safety of my children and also worried about noise issues.

7.3.1.b
Packet Pg. 119 Attachment: Attachment 2 – Resident STR Survey Results (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 110 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Between 5 year unfinished construction, renters who don't take care of the house or lawn and now hoards of people filling a short term rental (20 cars) the value of homes on our street has to be impacted. Shame on the HOA and city for allowing this! We believe that short term rentals create an unnecessary security (gun violence) and noise nuisance for permeant homeowners who have worked their whole lives to purchase a single-family home in order to enjoy a peaceful and secure lifestyle. Short term rental owners are profiting at the expense of their neighbor's well-being and there can be no good justification to support such a business in a residential neighborhood.

The short term rental doesn't even have to be close to you to hear very load noise - the sound travels through the backyards etc.

The city of Encinitas has quite stringent requirements for short term rentals, which might be worth looking at We saw first hand the impunity of the participants at the party in Nellie Gail. Very unsafe for all neighbors.

I moved here 3 years ago from my home in Danta CA Ynez. In 2015 a vacation rental opened next door to me. It was a constant nuisance . Think about it . It's a vacation rental and it becomes a party house . That's the only reason I moved from a home I loved for over 20 years ..Hotels do no belong in our neighborhoods . I was shocked to find that Nellie Gail had no restrictions ., Large home across street currently short term rental. Lots of cars every week, noise, parties and strangers coming and going all times of the night. Feel very unsafe. So sad that Nellie Gail and Laguna Hills allows this type of activity.

I would actually like reasonable regulations for short-term rentals (e.g. limitations on number of occupants, vehicles, noise restrictions, etc.), but not through a permit process. Limiting short term rentals by requiring permits opens the way for political favoritism. Property owners should have relatively free rein to operate their properties as long as they are not disturbing neighbors so as to be a nuisance.

The noise and trash are also concerns, for example current weekends at the park when empty marijuana debris is left on the trails . There are plenty of commercial venues to rent--why rent out homes in a residential community? Laguna Hills is not a resort town. It is a neighborhood. Each development has its own flavor and personality.

Short term renters have no vested interest in the community - parties, trash, security issues typically accompany short term renters. Vandalism following parties is not unusual.

We deserve to live a peaceful life, we pay for this peace of mind, with short term rental, out quality of life is worse than living in apartment We live in Nellie Gail and the short term rentals are so disruptive and negatively impact our neighborhood.

Short-term rentals in Nellie Gail have become increasingly disturbing I believe STR can be run responsibly with rules. Our family have rented STR to be near us. We used to run a STR. We had quiet hours, parking restrictions, no parties, no loud outside noise and other rules plus we required 4 reviews that were positive. We never had an issue. I actually think with rules, STR can control their tenants more than Long Term.

Not good for our home prices.

All short term rentals need to be abolished

7.3.1.b
Packet Pg. 120 Attachment: Attachment 2 – Resident STR Survey Results (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 111 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Very little complaints associated with sounds and partying in this area. The visitors is good for business in the area and this will also help grow the value of our properties much faster than other areas as a destination city. We live in an area people would want to visit. We should be proud of that and not discourage. We shouldn't be scared this is the new America people now can work from different locations and most these people are professionals post Covid. This is not your Vegas crowd. Keep that in mind. This is not a retirement community that is Laguna woods next door.

Noise and unruly crowd with large parties causing a lot of disturbance in neighborhood We had an issue on our street, where the renter was having a raging party. It was so out of control the police wouldn't even get involved.

It has been scary, horrible experiences on my street & adjacent streets. Trash is all over.... it's been loud with bad language & loud music. It is pretty scary when a person witnesses weapon sensor is being used at the party.

Very concerned about personal safety.

Short term rentals are prone to abuse by design. There's no sense of ownership, little to no sense of obligations by the renters to respect the sanctity of the neighborhood.

It's disruptive due to the number of strangers who come into the neighborhood. Drugs are often used in these rental party places and the noise is unacceptable. Please no short term rentals.

7.3.1.b
Packet Pg. 121 Attachment: Attachment 2 – Resident STR Survey Results (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 112 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second City of Laguna Hills City Council/Planning Agency Tuesday, February 28, 2023 Regular Meeting Minutes
3 Mayor Heft received consensus to take Item No. 7.2.1 out of order on the Agenda.

7. ADMINISTRATIVE REPORTS

7.2. Community Development Director

7.2.1 Short-Term Rentals
Community Development Director Longenecker reviewed the information provided in the staff report and responded to Council Member requests for additional information.

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

The following individuals submitted an electronic public comment on Item No. 7.2.1 that was received, forwarded to the Council prior to the meeting, posted on the City’s website, and announced into the record by City Clerk Lee:

Mary and Bruce Freeman, residents of Laguna Hills, submitted an electronic public comment in favor of a ban on short term rentals.

The following individuals address the City Council on Item No. 7.2.1:

Evan Gost, a resident of Laguna Hills, provided public comments in opposition to a ban on short term rentals.

Martin Wildgoose, a resident of Laguna Hills, provided public comments in opposition of a ban on short term rentals.

Brian Mitchel, on behalf of the Nellie Gail Ranch Owners Association, provided public comments in favor of regulatory option two provided in the staff report.

Karen Litfin, a resident of Laguna Hills, provided public comments in favor of a ban in short term rentals.

Patrice Mills, a resident of Laguna Hills, provided public comments in opposition to a ban on short term rentals.

Jason Bush, a resident of Laguna Hills, provided public comments in opposition to a ban on short term rentals.

Bruce Freeman, a resident of Laguna Hills, provided public comments in favor of a ban on short term rentals.

7.3.1.c
Packet Pg. 122 Attachment: Attachment 3 – February 28, 2023, City Council Meeting Minutes (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 113 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Reading & Adoption of Proposed City of Laguna Hills City Council/Planning Agency Tuesday, February 28, 2023 Regular Meeting Minutes
4 Recommendation: That the City Council receive the survey results and provide direction to staff.

A motion to direct staff to draft a ban on short term rentals for review and approval by the City Council was moved by Council Member Pezold, seconded by Council Member Wheeler.

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

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Council Member Caskey removing Item No. 4.9 and Council Member Caskey and Council Member Pezold removing Item No. 4.12.

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

4.2 Approval of Minutes for January 24, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the January 24, 2023, Special Meeting.

4.3 Approval of Minutes for January 24, 2023, Regular Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the January 24, 2023, Regular Meeting.

7.3.1.c
Packet Pg. 123 Attachment: Attachment 3 – February 28, 2023, City Council Meeting Minutes (3120 : Short-Term Rental Ordinance)

4.9.b
Packet Pg. 114 Attachment: April 11, 2023, Ordinance Introduction Staff Report Including Attachments (3131 : Second Reading & Adoption of Proposed City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

April 25, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Authority to Advertise Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106 and Approval of Cost Sharing Agreement for La Paz Road Sidewalk Widening Project
RECOMMENDATION: That the City Council: 1) Approve the plans and specifications for the Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106; 2) Authorize the advertisement for bids for the Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106; 3) Allow the City Engineer to make minor edits to the plans and specifications as necessary; 4) Approve the Cost Sharing and Cooperative Agreement for La Paz Road Sidewalk Widening Project; 5) Authorize the City Manager or City Attorney to make minor modifications to the Agreement, as necessary; 6) Authorize the City Manager to execute the Agreement; and 7) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - “Existing Facilities.” SUMMARY:

The bid documents for the subject project, including the plans, specifications, contract and bid proposal form, have been prepared and are included as an attachment to this report. It is recommended that the City Council approve the plans and specifications for this project, the Cost Sharing and Cooperative Agreement for La Paz Road Sidewalk Widening Project with Saddleback Valley Unified School District (District) for the sidewalk widening and retaining wall construction work on the south side of La Paz Road along the frontage of Valencia Elementary School, and find the project not subject to environmental review under the California Environmental Quality Act (CEQA).

4.10 Packet Pg. 115
Authority to Advertise Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106
April 25, 2023

Page 2 ends

BACKGROUND:

At the January 10, 2023, City Council meeting, the City Council adopted Resolution 2023-01-10-3 amending the fiscal years 2021-2022 & 2022-2023 Biennial Budget to allocate funds for Sidewalk Repairs, Capital Improvement Project (CIP) No. 106. The accompanying report at the January 10, 2023, meeting indicated the Public Works Department (Department) identified several locations City-wide where sidewalk replacements are needed and proposed to prepare bid specifications for the replacement of sidewalk in several locations. The report also indicated the Department proposed to include additive, alternative bid items for widening the sidewalk on the south side of La Paz Road along the frontage of Valencia Elementary School and widening the sidewalk on the north side of La Paz Road between The Hills Hotel driveway and Rickenbacker Road. The widening would add approximately one foot more width to the existing sidewalk. City staff previously identified the need for widening the sidewalk along La Paz Road. Since the January 10, 2023, City Council meeting, City staff also identified a need to replace turf grass located within the Laguna Hills Community Center’s service driveway with concrete because the existing turf grass has not been able to handle vehicular traffic. Accordingly, City staff prepared the attached bid documents to address these needs, and the attached Cost Sharing and Cooperative Agreement for La Paz Road Sidewalk Widening Project with Saddleback Valley Unified School District.

Due to the anticipated dollar value of the proposed sidewalk widening and retaining wall work on the south side of La Paz Road fronting Valencia Elementary School, this work has been included in the base bid along with the City-wide sidewalk replacements.

The sidewalk widening and retaining wall project is proposed to be cost-shared with Saddleback Valley Unified School District. This work will also require the District to dedicate an easement to the City for right-of-way purposes. District staff plan to place the Cost Sharing and Cooperative Agreement for La Paz Road Sidewalk Widening Project for approval on the April 20, 2023, District Board of Education meeting agenda.

The widening of the sidewalk on the north side of La Paz Road between The Hills Hotel and Rickenbacker Road, and the Laguna Hills Community Center service driveway work are listed as additive, alternative bids in the bid schedule. This work would be contingent on the bids received relative to the available budget.

4.10 Packet Pg. 116
Authority to Advertise Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106
April 25, 2023

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CEQA FINDINGS:

The removal and replacement of sidewalk, and proposed 1’ widening of the existing sidewalk on La Paz Road is not subject to the California Environmental Quality Act pursuant to Section 15301(c) (minor alteration of existing sidewalks and similar facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the project has negligible or no expansion of use.

FISCAL IMPACT:

The construction cost estimate for the project is $385,000. The current budget for CIP No. 106 is $235,000. With the anticipated cost share from Saddleback Valley Unified School District of $150,000, the current budget should be sufficient.

ATTACHMENTS:
• Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set • Cost Share and Cooperative Agreement for La Paz Road Sidewalk

4.10 Packet Pg. 117
LH Public Works 6909-0008-08/2020
Master Template Public Works Contract
1511509.1

CITY OF LAGUNA HILLS

CALIFORNIA

PUBLIC WORKS PLANS

AND SPECIFICATIONS FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION
PROJECT, CIP NO. 106

PREPARED BY

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
APRIL 2023
IMPORTANT DATES:

June 1, 2023, 10:00 a.m. Bids Due to the City
June 13, 2023 Proposed City Council Award of Contract
June 26, 2023 Proposed Issuance of Notice to Proceed
July 5, 2023 (Preferred) Mobilize and start construction of La Paz Road sidewalk and retaining wall, if awarded

4.10.a
Packet Pg. 118 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk LH 6909-01/2020
1511509.1

CITY OF LAGUNA HILLS

SPECIFICATIONS FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106
Approved By:
04/13/2023
Joseph John Ames, City Engineer Date
R.C.E. No. 66999
Expiration Date 9/30/2024

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1511509.1
i

CITY OF LAGUNA HILLS

TABLE OF CONTENTS
FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106
NOTICE INVITING SEALED BIDS........................................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1

PROPOSAL DOCUMENTS
Proposal.................................................................................................................................. P-1 Bidders Information................................................................................................................. P-3 List of Subcontractors ............................................................................................................. P-4 References ............................................................................................................................. P-5 Contractor’s Licensing Statement............................................................................................ P-6 Bid Bond ................................................................................................................................. P-7 Non-Collusion Affidavit............................................................................................................ P-9 Proposal Bid Sheets ............................................................................................................. P-10 Bidder’s Certification of Acknowledgement of Compliance With Insurance ........................... P-13

CONTRACT DOCUMENTS
Contract Agreement..............................................................................................................CA-1 Faithful Performance Bond....................................................................................................CA-4 Material and Labor Bond.......................................................................................................CA-6 Compensation Insurance Certificate .....................................................................................CA-8

GENERAL SPECIFICATIONS
Scope of Work ..................................................................................................................... GS-1 Location of Work.................................................................................................................. GS-1 Time of Completion.............................................................................................................. GS-1 Traffic Requirements............................................................................................................ GS-1 Utility Requirements............................................................................................................. GS-1 Flow and Acceptance of Water ............................................................................................ GS-3 Removal of Water ................................................................................................................ GS-3 Standard Specifications ....................................................................................................... GS-3 Resolution of Construction Claims ....................................................................................... GS-6

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS ......................................................................................SP-1 PART 2 - CONSTRUCTION MATERIALS...........................................................................SP-24 PART 3 - CONSTRUCTION METHODS ............................................................................SP-32 PART 4 - EXISTING IMPROVEMENTS .............................................................................SP-37

APPENDICES
Applicable Standard Plans ..........................................................................................Appendix A Project Plans and Specifications .................................................................................Appendix B

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LH 6909-01/2020
1511509.1

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS FOR CONSTRUCTION OF
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 NOTICE IS HEREBY GIVEN that sealed bids for the CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 (“Project”) in the City of Laguna Hills will be received at the Office of the City Engineer of the 24035 El Toro Road, Laguna Hills, until 10:00 a.m. on Thursday, June 1, 2023, at which time they will be publicly opened and read aloud.

DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including removal and replacement of existing structures, demolition, construction, and other miscellaneous improvements as shown in the plans and specifications and as required to complete the work.

AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the Bid Schedule, and reject all other bids, as it may best serve the interest of the City. Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within ten (10) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement, Bonds (Faithful Performance and Material and Labor) and Insurance.

CONTRACTOR’S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A Contractor’s License, or a combination of Class C Contractor's Licenses as necessary to perform the work, at the time of submitting bids, in accordance with provisions of Chapter 9, Division III of the California Business and Professions Code.

WAGE RATE REQUIREMENTS: The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for the contract. The reporting requirements may be found at https://www.dir.ca.gov/PublicWorks/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payments by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public

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LH 6909-01/2020
1511509.1
Contract Code. If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.

OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the Public Works Department, City Hall, 24035 El Toro Road, Laguna Hills, California 92653. Contract Documents are available in portable document form (PDF) on the City’s website:
http://www.lagunahillsca.gov/bids. It is the contractor’s responsibility to ensure they are on the City’s Plan Holder’s List and they obtain any addendums or clarifications that are issued by the City on the City’s website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Julie Comella at [email protected].

Dated this 25th day of April, 2023. City of Laguna Hills, California BY _____________________________

JENNIFER LEE, CITY CLERK
Published: Saddleback Valley News 24035 El Toro Road
Laguna Hills, CA 92653

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Packet Pg. 122 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk IB-1
1511509.1

CITY OF LAGUNA HILLS

INSTRUCTIONS TO BIDDERS
FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106

1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the City of Laguna Hills (hereinafter “CITY” or “City”). All blank spaces in the bid forms must be correctly filled in and all information requested therein must be clearly and legibly set forth in the manner and form indicated. All spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed by the person or persons signing the bid. Bidder acknowledges and agrees that by failing to complete the bid forms in their entirety, as set forth above, the CITY may find the bidder’s entire bid non-responsive and may cause the rejection of the bidder’s proposal at the discretion of the CITY.

2. PROPOSAL GUARANTEE (BID BOND)
In accordance with Public Contract Code Section 20170, proposals must be accompanied by a proposal guarantee consisting of either cash, a cashier’s check, a certified check or bid bond payable to the CITY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. IF A BIDDER TO

WHOM A CONTRACT IS AWARDED FAILS OR REFUSES TO EXECUTE THE CONTRACT

DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS

SET FORTH IN THOSE DOCUMENTS, THE PROPOSAL GUARANTEE SHALL BE FORFEITED TO THE CITY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all Contract Documents.

3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

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5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106- DO NOT OPEN WITH REGULAR MAIL."

6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY's designated official prior to the bid-opening time deadline set forth in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, provided there is time remaining to do so. Proposals may not be withdrawn after the bid opening without forfeiture of the proposal guarantee.

7. NONRESPONSIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without inter-lineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable. Bidder acknowledges and agrees that CITY shall not be responsible for the payment of any increase in Sales Tax, Use Tax, or any other tax that takes effect after award.

9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

No contract will be executed unless the bidder is licensed in accordance with the provisions of the Business and Professions Code.

10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request

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will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.

11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them.

Before submitting a bid, each bidder shall confirm as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render bid nonresponsive and may result in its rejection by the CITY.

12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.

Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.

13. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Class A Contractor's License, or a combination of Class C Contractor’s License(s), as required to perform the work, issued by the State of California. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within ten (10) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required executed Contract Agreement, executed Bonds (Faithful Performance and Material and Labor) and Insurance. Submission of these documents shall be at the Low Bidder’s sole cost and expense and shall not be made reimbursable by City. Award of Contract, if made, shall be solely the determination of the City Council.

No bidder may withdraw its proposal for a period of forty-five (45) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

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14. PREVAILING WAGE RATES
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.

It shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for this Agreement. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to Section 6109 of the public Contract Code, or engage in the performance of any contract for public work on a public works project if the contractor or subcontractor is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.

The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the bidder in determining his bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.

The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in Government Code Section 12940(a), as those bases are defined in Government Code Sections 12926 and 12926.1, except as provided in Labor Code Section 3077 and Government Code Section 12940.

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15. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to CITY all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

17. SUBLETTING AND SUBCONTRACTING.

Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name business address, California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. If a subcontractor’s California contractor license number or public works contractor registration number are submitted incorrectly in the bid, it will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected subcontractor’s California contractor license number is submitted to CITY within 24 hours after the bid opening If the bidder fails to list a subcontractor for a portion of work or if the bidder lists more than one subcontractor of the same portion of work in excess of 1/2 of 1% of the total bid or $10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

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18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.

When the Contractor deposits the CITY approved securities with the escrow agent, the escrow agent shall notify the CITY within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for CITY approval, and be held in the escrow account to meet the Contractor's obligations. The escrow agent shall hold said securities until such time as the escrow agent receives written notification from the CITY that the Contractor has satisfactorily completed his Contract obligations.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The CITY may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the CITY.

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BIDDER'S NAME

CITY OF LAGUNA HILLS

PROPOSAL
FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106
TO CITY OF LAGUNA HILLS, as CITY:

In accordance with CITY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Standard Specifications, Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, General Specifications, Special Provisions and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the Bid Security accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before the commencement of any work under this Contract, if awarded.

BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that

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said affirmative action will remain in effect for the life of any contract awarded hereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

BIDDER'S NAME: DATE , 20 .

BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE
Subscribed and sworn to before me BY
this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE
(SEAL)

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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Email: Telephone: ( )
State Contractor's License No. and Class
Original Date Issued ______________ Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

Subscribed and sworn to before me By
this day of , 20 . (Print Name)
(Signature of Notary Public) (Signature)
Title
(SEAL) Date _______________, 20___

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BIDDER'S NAME
_____________________
LIST OF SUBCONTRACTORS (4100 PUBLIC CONTRACT CODE)
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors in excess of ½ of 1% of the total bid amount or ten thousand dollars ($10,000), whichever is greater as follows (add additional pages as necessary) (Bidder must include all requested information):

Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work

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BIDDER'S NAME _____________________

REFERENCES
The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Name
Address
Phone No.

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CONTRACTOR'S LICENSING STATEMENT
BIDDER certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number ___________________________________ DIR Registration No. __________________________________________ Name of Individual Contractor (Print or type):

Signature of Owner(s)
Business Address
or
Name of Company
Business Address
Officers:

Name Title
Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company Subscribed and sworn to before me By:_________________________________ this ______ day of _______________, 20____ (Signature)
_____________________________________ By:_________________________________ (Signature of Notary Public) (Print Name and Title)
(SEAL) (SEAL)

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BID BOND (Page 1 of 2)
BIDDER’S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, (NAME OF BIDDER)
(the “Principal”) has submitted a bid (the “Bid”) to the City of Laguna Hills, California (the “City”) for construction of the (NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(the “Work”), as specifically set forth in documents
entitled
(TITLE OF BID PACKAGE)
, Dated: , 20 (the “Specifications”).

AND WHEREAS, the Principal is required to provide bidder’s security in an amount equal to at least ten percent (10%) of the amount of the Bid and has chosen to satisfy this obligation by providing this bond.

NOW, THEREFORE, we, the Principal, and
(NAME OF SURETY)
(the “Surety”), an admitted
surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100 DOLLARS ($ ), lawful money of
the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, this amount being ten percent (10%) of the total amount of the Bid.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If (a) the City accepts the Bid and awards the Principal a contract for the Work, and (b) within the time and manner required under the Specifications or by law, after the prescribed forms are presented to the Principal for signature, the Principal executes a written contract for construction of the Work in accordance with the Bid and delivers the required faithful performance and payment bonds and insurance policies, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

2. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the

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BID BOND (Page 2 of 2)
time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension.

3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20___ .

PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)
_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact

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BIDDERS NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

COUNTY OF )
In conformance with Public Contract Code Section 7106, the party making the foregoing bid declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].” Signed
Title
Subscribed and sworn to before me
this ______ day of _____________,20____.
___________________________________
Signature of Notary Public
(SEAL)

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BIDDERS NAME

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS
FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106

BASE BID
ITEM
NO. DESCRIPTION UNIT
EST.

QTY. UNIT PRICE TOTAL COST
1 Mobilization LS 1
Various Locations Throughout City – See Appendix B:
2 Remove and Replace 4” PCC Sidewalk
(including Pruning and Trimming Tree Roots),
Various Locations, per SPPWC No. 112-2 and
OCPW Std. Plan No. 112-2-OC.
3,200 SF
3 Remove and Replace PCC 6” Curb (including
12” Thick, 12” Wide AC Slot Patch adjacent to
PCC Curb), Various Locations, per SPPWC
No. 120-2 and OCPW Std. Plan No. 120-2-OC
120 LF
4 Remove and Replace PCC 8” Curb (including
12” Thick, 12” Wide AC Slot Patch adjacent to
PCC Curb), Various Locations, per SPPWC
No. 120-2 and OCPW Std. Plan No. 120-2-OC
60 LF
5 Remove and Replace PCC Parkway Culvert
per OCPW Plan No. 1309 110 SF
6 Remove and Replace PCC Driveway Apron
per OCPW Std. Plan No. 1210 50 SF
La Paz Road, Southerly Side: Sidewalk Widening and Retaining Wall Work – See Appendix B:
7 Clearing and Grubbing 1 LS
8 Remove Existing Landscape and Dispose 1 LS
9 Remove and Cap Existing Irrigation and
Dispose 1 LS
10 Sawcut and Remove Existing Concrete
Sidewalk and Dispose 1,400 SF
11 Remove Conflicting Portions or Demolish
Existing Down Drain and Outlet Structure 2 EA
12 Remove Existing Retaining Wall at Bus Stop 1 EA
13 Remove Existing Retaining Curb at Manholes 3 EA
14 Remove Existing Sign and Salvage for Reuse 4 EA
15 Construct PCC 4” Sidewalk per SPPWC No.
112-2 and OCPW Std. Plan No. 112-2-OC 1,800 SF
16 Construct 3’4” to 4’8” Height Retaining Wall per
Plan including Drainage Conveyance 350 LF
17 Construct 5’4” to 6’0” Height Retaining Wall per
Plan including Drainage Conveyance 30 LF
18 Construct Down Drain and Outlet Structure per
Plan 2 EA
19 Install Salvaged Sign on Telespar 4 EA
20 Survey and Construction Staking 1 LS
21 Traffic Control including Temporary Traffic
Control Plan 1 LS
22 Fabricate Notification Sign and Install 2 EA
23 Install and Adjust Irrigation Systems 1 LS
24 Provide and Install Shrub on Slope – 1 Gallon 450 EA

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BIDDERS NAME

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS
FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106

BASE BID CONTINUED
25 Provide Ninety (90) Day Landscape
Maintenance 1 LS
TOTAL “BASE BID” IN FIGURES $
TOTAL BASE BID IN WORDS:

DOLLARS

AND CENTS
AT THE AGENCY’S SOLE DISCRETION ANY COMBINATION OF ADDITIVE ALTERNATE BIDS MAY ALSO BE AWARDED.

ADDITIVE ALTERNATE BID “A”: LA PAZ ROAD, NORTHERLY SIDE: SIDEWALK AND CURB WORK

SEE APPENDIX B
ITEM
NO. DESCRIPTION UNIT
EST.

QTY. UNIT PRICE TOTAL COST
1 Mobilization 1 LS
2 Sawcut and Remove Existing Concrete
Sidewalk and Dispose 3,200 SF
3 Construct 4” PCC Sidewalk (including
Pruning and Trimming Tree Roots) per
SPPWC No. 112-2 and OCPW Std. Plan
No. 112-2-OC.
4,000 SF
4 Remove and Replace 8” PCC Curb
(including 12” Thick, 12” Wide AC Slot
Patch adjacent to PCC Curb), Various
Locations, per SPPWC No. 120-2 and
OCPW Std. Plan No. 120-2-OC
50 LF
4 Traffic Control including Temporary
Traffic Control Plan 1 LS
TOTAL ADDITIVE ALTERNATE BID “A” IN FIGURES $
TOTAL ADDITIVE ALTERNATE BID “A” IN WORDS:

DOLLARS

AND CENTS

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BIDDERS NAME

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS
FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 AT THE AGENCY’S SOLE DISCRETION ANY COMBINATION OF ADDITIVE ALTERNATE BIDS MAY ALSO BE AWARDED.

ADDITIVE ALTERNATE BID “B”: COMMUNITY CENTER SERVICE DRIVEWAY CONCRETE WORK

SEE APPENDIX B
ITEM
NO. DESCRIPTION UNIT
EST.

QTY. UNIT PRICE TOTAL COST
1 Mobilization 1 LS
2 Remove Existing Turf Grass and Soil,
Construct 6.5” PCC Over 12” of
Compacted Subgrade per Detail
850 SF
TOTAL ADDITIVE ALTERNATE BID “B” IN FIGURES $
TOTAL ADDITIVE ALTERNATE BID “B” IN WORDS:

DOLLARS

AND CENTS
NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BID FIGURES” AND THE “TOTAL BID IN WORDS”, THE “TOTAL BID IN WORDS” SHALL PREVAIL.

THE DETERMINATION OF THE LOWEST RESPONSIBLE BIDDER SHALL BE ON THE BASIS OF THE COMPARISON OF THE BASE BID ONLY.

AT THE AGENCY’S SOLE DISCRETION ANY COMBINATION OF ADDITIVE ALTERNATE BIDS MAY ALSO BE AWARDED.

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1511509.1

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS
FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106

PROPOSAL
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______ day of ___________, 20___.

BIDDER ________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Subscribed and sworn to before me this _____ day of ____________, 20____.

SIGNATURE NOTARY PUBLIC _______________________________ (Attach Jurat) By______________________________________
(PRINT)
________________________________________
(SIGNATURE)
(SEAL)
Title____________________________________
CITY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the minimum amount of ten percent (10%) of the total bid.

By
Title

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1511509.1
BIDDERS NAME ________________________________
BIDDER’S CERTIFICATION FOR

ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION

CITY OF LAGUNA HILLS
BIDDER agrees, acknowledges and is fully aware of the insurance requirements as specified in the

INSTRUCTIONS TO BIDDERS FOR CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 AND IN THE SPECIAL PROVISIONS FOR CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 and accepts all conditions and requirements contained therein.
_____________________________________
Bidder
______________________________________ __________
By Date
***** SUBMIT THIS EXECUTED FORM WITH THE BID

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Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk CA- 1
1511509.1

CITY OF LAGUNA HILLS

CONTRACT AGREEMENT
FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this ______ day of ______________, 20_____, BY AND BETWEEN THE CITY OF LAGUNA HILLS, as CITY, and__________________________________________, as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents

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Packet Pg. 143 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk CA- 2
1511509.1

ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VI
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.

ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.

ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager. [SIGNATURES ON NEXT PAGE]

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Packet Pg. 144 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk CA- 3
1511509.1

CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

CITY: CONTRACTOR:

JANINE HEFT, MAYOR (CORPORATION (NAME - TYPE))

CITY OF LAGUNA HILLS
BY:
(PRINT)
ATTEST:
(SIGNATURE)

JENNIFER LEE, CITY CLERK (TITLE)

CITY OF LAGUNA HILLS
BY:
(PRINT)
GREGORY E. SIMONIAN, CITY ATTORNEY (SIGNATURE)

CITY OF LAGUNA HILLS
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.

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Packet Pg. 145 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Bond Amount $____________
Bond Number _____________
CA- 4
1511509.1
(PAGE 1 OF 2)

FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, on
(DATE OF AWARD)
, the City of Laguna Hills, California
(“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
, as
specified in the Contract, to,
(NAME OF CONTRACTOR)
, a
(CONTRACTOR ENTITY TYPE i.e.; INC., LLC., ETC.)
, hereby designated as the “Principal”, which
Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.

AND WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the Principal, and
(NAME OF SURETY)
(the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly do and perform all of the covenants and obligations of the Contract, including the provisions for liquidated damages in said Contract, and including any and all amendments, supplements, and alterations made to the Contract as provided therein, on the Principal’s part to be done and performed at the times and in the manner specified in the Contract, and shall indemnify and save harmless the City, its officers and agents as specified in the Contract, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;

2. In the event the Principal fails to fully perform all requirements in accordance with the terms and conditions of the Contract, then the Surety shall enforce performance by the Principal or shall pay the City for the same in an amount not exceeding the amount specified in this bond.

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Packet Pg. 146 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Bond Amount $____________
Bond Number _____________
CA- 5
1511509.1

FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)

4. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20_____ .

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Packet Pg. 147 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Bond Amount $____________
Bond Number _____________
CA- 6
1511509.1
(PAGE 1 OF 2)

PAYMENT (LABOR AND MATERIAL) BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, on
(DATE OF AWARD)
,the City of Laguna Hills, California
(“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
, as specified in the
Contract, to,
(NAME OF CONTRACTOR)
, a
(CONTRACTOR ENTITY
TYPE i.e.; INC., LLC., ETC.)
, hereby designated as the “Principal”, which
Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.

AND WHEREAS, the Principal is required under the terms of the Contract to give this bond in connection with the execution of the Contract.

NOW, THEREFORE, we, the Principal, and ________________________________ (the “Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of ____________________________________ and ___/100 DOLLARS ($_______________), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If the Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay (a) any of the persons named in Section 9100 of the California Civil Code, (b) any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Contract, or (c) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work or labor, then the Surety shall pay for the same, in an aggregate amount not exceeding the sum specified in this bond. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to be fixed by the court.

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Packet Pg. 148 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Bond Amount $____________
Bond Number _____________
CA- 7
1511509.1

PAYMENT (LABOR AND MATERIAL) BOND
(PAGE 2 OF 2)

2. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20_____.

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Packet Pg. 149 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk CA- 8
1511509.1

COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.” _____________________________________
Contractor
By___________________________________
(PRINT)
___________________________________
(SIGNATURE)
_____________________________________
Title
_____________________________________
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT

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Packet Pg. 150 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk GS-1
1511509.1

CITY OF LAGUNA HILLS

GENERAL SPECIFICATIONS
FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106

SCOPE OF WORK
The work to be performed and completed by Contractor consists of including removal and replacement of existing structures, demolition, construction, and all other incidental work in this specification document.

LOCATION OF WORK
The Project is located at various locations within Laguna Hills, CA as shown on the plans.

TIME OF COMPLETION
The Contractor shall complete all work in every detail within 40 working days after the date of the Notice to Proceed.

TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with the latest updated version of the California Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall schedule the order of his work such that no travel lanes are closed before 9:00 A.M. or after 3:30 P.M. daily.

A minimum of one through travel lane and all turning lanes in all directions shall be maintained during construction between 9:00 A.M. and 3:30 P.M. The same number of travel lanes currently in use (at the time of bid) shall be opened to traffic each and every day between 3:30 P.M. and 9:00 A.M. No work that interferes with public traffic shall be performed after 3:30 P.M. or before 9:00 A.M. No street closures shall be made. The traffic signal and traffic signal detectors shall remain operational during the construction until their replacement is scheduled within 5 days of disruption. Night work shall only be allowed with approved, written approval by the City Engineer, at the contractor’s request, and shall be completed at no additional cost if approved.

Separation between travel lanes shall be accomplished by the use of delineators placed at a maximum of 15' on center. Traffic channelization at intersections shall be accomplished by the use of delineators placed at a maximum of 10' on center.

UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1(800) 422-4133. Contractor shall provide the City with proof of contact with USA upon request.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.

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1511509.1
NAME ADDRESS CITY, STATE, ZIP ATTENTION Phone
Number
AT&T 3939 E. Coronado
St.

Anaheim, CA
92807
Robert
Fleisher
714/618-
9129
OCTA 550 S. Main Street Orange, CA 92613-
1584
Kyle Poff 714/560-
5816
Southern
California
Edison
14155 Bake
Parkway
Irvine, CA 92718 Chris
Schafer
949/458-
4413
Gas Company 1919 South State
College
Anaheim, CA
92806
Andrew
Alday
714/385-
3377
Gas Company
Southern
Region
Transmission
P. O. Box 1100 Chatsworth, CA
91313
Rosalyn
Squires
818/701-
4546
CR&R P.O. Box 1100 San Juan
Capistrano, CA
92693-1100
Mike
Campuzano
949/254-
1779
Moulton Niguel
Water District
27500 La Paz
Road
Laguna Niguel, CA
92677
Steve Merk 949/425-
3538
Cox
Communication
27121 Towne
Centre Drive
Foothill Ranch, CA
92610
Reynaldo
Castro
949/563-
8889
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.

The Contractor shall notify the Southern California Gas Company (714) 634-3185 at least 2 working days prior to the start of construction.

The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.

By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this Project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.

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1511509.1
The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed.

FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk. The Contractor shall prepare a Stormwater Pollution Prevention Plan, shall use Best Management Practices and comply with all NPDES and Sate Construction Permit requirements pertaining to water quality to minimize adverse water quality impacts from the project before initiating construction. The payment for this work of plan preparation and field implementation, as required, and compliance with permits is deemed included in the lump sum price paid for Mobilization and no additional compensation shall be allowed therefore.

REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City Engineer.

Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.

WASTE DISPOSAL
Contractor shall only utilize waste containers from the City Franchisee, CR&R, (P. O. Box 1100, San Juan Capistrano, CA 92693-1100, 949-728-0446 Ext. 1232) for all recyclables and waste debris. Contractor shall record the quantity (tons) of recyclable or green waste materials diverted from land fills and report this data to the City at the end of the project.

STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2018 edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, also known as the “Greenbook”, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern

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1511509.1
California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:

BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, California 92801
(760) 734-1113
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, General Specifications, Special Provisions, or other Contract Documents.

The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the Special Provisions.

In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the latest edition of the Standard Specifications of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:

California Department of Transportation
Publications Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815-3800
Telephone (916) 263-0822
Fax (916) 263-0470
References in the Special Provisions to Standard Plans shall mean the Standard Plans for Public Works Construction, latest edition (written and promulgated by the Public Works Standards, Inc.), and, where applicable and as determined and selected by the City Engineer, those specific standard plans of the City of Laguna Hills, the County of Orange and/or the State Department of Transportation, latest editions.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

WAGE RATES AND LABOR CODE REQUIREMENTS
The City has determined that the work on this Project requires work of labor categories which are subject to the State of California Department of Industrial Relations prevailing rates of per diem wages.

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1511509.1
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of the Agreement.

Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (h are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the term of this Agreement. d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of

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the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

RESOLUTION OF CONSTRUCTION CLAIMS
California Public Contract Code (PCC) section 9204 as adopted by Assembly Bill 626 prescribes a process to present, confer, and mediate all construction claims relating to the City’s public works project.
“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or another public improvement of any kind. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested for (A) a time extension, including, without limitation for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or the amount the payment of which is disputed by the local agency. (PCC 9204(c)(1)) For any claim subject to this article, PCC section 9204 requires the following:
a) The claim shall be submitted by the Contractor in writing, sent by registered mail or certified mail with return receipt requested and must include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. However, upon receipt of

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a claim, the City, and the Contractor may, by mutual agreement, extend the time period provided by statute.
b) For claims of all amounts, the City shall respond within 45 days of receipt of the claim, and provide the claimant a written statement identifying which portion of the claim is disputed and which portion of the claim is undisputed. If the City requires approval from the City Council, and the City Council does not meet within the 45-day period to respond, the City shall have up to three days to issue its response following the City Council meeting. c) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. d) If the claimant disputes the City’s response, or if the City fails to respond within the time limits provided, the claimant may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand must be sent in writing by registered or certified mail, return receipt requested. Upon receipt of a demand, the City must schedule a meet and confer conference within 30 days for settlement of the disputed claim. e) Within 10 business days following the conclusion of the meet and confer conference, if any portion of the claim remains in dispute, the City shall provide the claimant an addition written statement identifying the portion of the claim that is undisputed and the portion that remains in dispute.
f) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. g) Any remaining undisputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation in which the parties share the cost evenly. The City and the claimant shall mutually agree on a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree, each party shall select a mediator and those mediators shall jointly select a qualified, neutral third party to mediate the remaining undisputed claim. Each party shall bear the respective costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside of PCC section 9204.

Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under PCC Section 20104.4 to mediate after litigation has been commenced.

PCC Section 9204 does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.

Should the City fail to respond to a claim, or fail to issue written statements as required, the Contractor’s claim is deemed denied. A claim denied by reason of the City’s failure to respond shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely manner as required by PCC 9204 shall bear interest at seven percent per annum.

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NOTICE OF THIRD-PARTY CLAIMS
In accordance with PCC Section 9201, the City will provide timely notification to Contractor of the receipt of any third-party claim relating to the Agreement. The Contractor agrees to reimburse the City for its reasonable costs incurred in providing such notice.

CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

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CITY OF LAGUNA HILLS

SPECIAL PROVISIONS
FOR

SPECIFICATIONS FOR
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT, CIP NO. 106 PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.

City - City of Laguna Hills
Board - City Council
Caltrans - California Department of Transportation
County - County of Orange
Engineer - City Engineer
Federal - United States of America
State - State of California
Contractor - Contractor, its workers, employees and agents Project - Community Center and Sports Complex Site Improvements 1-3 ABBREVIATIONS.
1-3.2 Common Usage. [Add the following to this section]:

MUTCD - Manual of Uniform Traffic Control Devices, including the California Supplement
OCPW - Orange County Public Works Department
SPPWC - Standard Plans for Public Works Construction
SSPWC - Standard Specifications for Public Works Construction FHWA - Federal Highway Administration
HUD - Housing and Urban Development
1-7 AWARD AND EXECUTION OF CONTRACT.

Within three (3) days of bid opening contractor must submit:
• If a bid bond is submitted with a 10% of Bid designation for the amount as noted in the City Approved Bid Bond form, a revised Bid Bond with numerical dollar values, both in words and with digits, shall be submitted to the City within three (3) days of bid opening.

Within five (5) working days after the date of the Notice of Apparent Low Bidder, the Contractor shall execute and return the following documents to the City:
• All Insurance Requirements set forth herein
• Two (2) Original Signed Contract Agreements

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Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following documents to the City:
• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Traffic Control Plan
• Water Pollution Control Plan
• Form W-9
• Encroachment Permit Application
• Construction Materials Submittals

FAILURE TO COMPLY WITH ALL OF THE ABOVE WILL RESULT IN ANNULMENT OF THE

AWARD AND FORFEITURE OF THE PROPOSAL GUARANTEE AT THE SOLE DISCRETION OF City.

The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so. 1-7.2 Contract Bonds. [Replace section with the following]:

Both the Faithful Performance Bond and the Material and Labor Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. The Material and Labor Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held for one year after the date of recordation of the Notice of Completion.

Prior to the acceptance of any bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Contractor shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable the City to verify the sufficiency of the bond.

Should any bond become insufficient, the Contractor shall correct the insufficiency within ten (10) calendar days after receiving notice from the City. The Contractor shall provide the City with evidence of the correction within ten (10) calendar days of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Contractor to that effect.

No further payments shall be deemed due or will be payable under the Contract until Contractor submits an acceptable bond from a surety accepted by the City. Changes to the work or extensions of time made pursuant to the Contract Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

SECTION 2 – SCOPE OF WORK.
2-1.1 PLANS AND SPECIFICATIONS [Add the following to this section]:

The Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-constructed conditions.

Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met.

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2-2 PERMITS. [Add the following to this section]:

Prior to the start of any work, the Contractor shall take out the applicable City and State permits and make arrangements for City and State inspections. Requests for inspections shall be made to the City at least 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive any City permit fees.

Further, Contractor shall ensure that its employees, agents, contractors, and subcontractors conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment, and ethical behavior throughout the duration of the Contract. Contractor shall not retain or employ an unlicensed subcontractor to perform work pursuant to this Contract. Contractor shall notify the City immediately and in writing of its employees’, agents’, contractors’ or subcontractors’ inability to obtain or maintain, irrespective of the pendency of any appeal, any such licenses, permits, approvals, certificate, waivers, and exemptions that may be required. Such inability shall be cause for termination of this Contract
2-3 RIGHT-OF-WAY. [Add the following to this section]:

The City will acquire all rights of way, easements and rights of entry as required for this Project.

The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. All cost for re-mobilization, downtime, etc. due to delays in obtaining the required rights of way, easements and rights of entry shall be included in all other items of work and no additional compensation will be allowed. In the event the required easements have not yet been acquired by the City, the Contractor shall conduct its operation so as to confine its work to the limits of the existing right-of-way.
2-8 EXTRA WORK.
2-8.2 Payment.
2-8.3 Markup.
(a) Work by Contractor. [Add the following to this section]: The following percentages shall be the maximum added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor 20
2) Materials 15
3) Equipment Rental 15
4) Other Items and Expenditures 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. [Add the following to this section]: When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the

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subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

The costs of rental equipment shall not exceed the equipment rental rates in the surcharge and Equipment Rental Rates, as published by the State of California Business, Transportation, and Housing Agency and the California Department of Transportation, Division of Construction for the current fiscal year.
2-10 DISPUTED WORK. [Add the following to this section]:

If the Contractor and the City are unable to reach an agreement on disputed work, the City may direct the Contractor to proceed as directed. The City shall have the option, at its own discretion, to pay for said work through unilateral change order executed by the City after conducting its own analysis of the reasonable costs thereof. Although not to be construed as proceeding under extra work provisions in Section 3-3, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.

In any case where the Contractor believes extra compensation is due the Contractor for work or materials not clearly covered in the Contract, or not ordered by the City as “extra work”, the Contractor shall notify the City in writing of the Contractor's intention to make claim for such extra compensation before the Contractor begins the work on which Contractor bases the claim. If such notification is not given, or the City is not afforded proper supporting documentation by the Contractor for keeping strict account of actual cost, then the Contractor shall be deemed to have waived the claims for such extra compensation. Such notice by the Contractor, and the fact that the City has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. The validity of the claim must be determined by the City. If the City determines that the claim is well founded, it shall be allowed and paid for as “extra work”; if the City determines that the claim is not well founded, it shall be disallowed and not paid.

SECTION 3 – CONTROL OF THE WORK.
3-10 SURVEYING.
3-10.4 Permanent Survey Markers. [Add the following to this section]:

Prior to start of construction, the Contractor shall inventory all existing survey monuments and ties within the Project limits. Monument records are for information purposes only, and can be provided by the City upon request. The Contractor is responsible for ensuring that all survey monuments and ties are restored. The Contractor shall file a Corner Record Form referencing survey monuments subject to disturbance in the Office of the County Surveyor. A copy of the filing shall be provided to the City prior to commencement of any work.

The Contractor shall obtain prior approval from the Engineer before setting new survey monuments. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey marker is located, the Contractor shall install a new survey monument

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to the new grade within seven (7) days of finished paving. The survey monument shall be installed to match the existing type destroyed. The Contractor will then reset ties and file a Corner Record Form in the Office of the County Surveyor.
3-10.5 Survey Services. [Add the following to this section]:

The Contractor will provide the initial surveying and the initial construction staking, if required for the construction of this Project. The cost of any additional surveying and/or construction staking primarily for the convenience of the Contractor and for replacement of stakes lost for any reason will be the responsibility of the Contractor. The Contractor shall make all requests in writing for construction stakes at least 48 hours in advance of the day required.

The Contractor shall be responsible for the finished work's conforming to the lines, grades and benchmarks given by the Engineer. The Contractor shall establish supplementary benchmarks, elevations, lines and grades and any other necessary controls which are not established by the Engineer and which are necessary to complete the work. Compensation for above work by the Contractor shall be included within the various items of work and no additional compensation will be allowed.

SECTION 4 - CONTROL OF MATERIALS
4-3 INSPECTIONS.
4-3.1 General. [Add the following to this section]:

The City will pay for inspection and materials testing. The Contractor shall pay for retests and reinspections due to failure to meet Specifications. If the Contractor elects to work under this Contract more than 8 hours/day or more than 40 hours/week, Saturday, Sunday, or City holidays, it shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees as provided by the Material Inspector and City Engineer. When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. A 24 hour advance notice will be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor is directed by the City to work under this Contract more than 8 hours/day or more than 40 hours/week, the Special Inspection Fee requirements will be waived.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS. [Add the following to this section]:

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
5-3 LABOR.

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5-3.3 Payroll Records. [Add the following to this section]:

Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to the City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
5-4 INSURANCE.
5-4.5 Compliance with Insurance Requirements. [Add the following to this section]:

Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5-4.5.1Types of Insurance Required. [Add the following to this section]:

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

A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) in the general aggregate, and four million dollars ($4,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its

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workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5-4.5.2 Acceptability of Insurers. [Add the following to this section]:

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

Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5-4.5.3 Insurance Endorsements. [Add the following to this section]:

Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement.

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5-4.5.4 Deductibles and Self-Insured Retentions.

Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5-4.5.6 Primary and Non-Contributing Insurance.

All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

Policies shall contain or be endorsed to contain such provisions. 5-4.5.7Waiver of Subrogation.

All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.5.8 Evidence of Coverage.

Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage. 5-4.5.9 Requirements Not Limiting.

Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

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5-4.5.10 Enforcement of Agreement (Non-Estoppel).

Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder. 5-4.5.11 Insurance for Subcontractors.

Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
5-4.5.12 Other Insurance Requirements.

The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to

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monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 5-4.5.13 Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.

B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

C. City not liable. The City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by the Contractor:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property.

D. Claims Resolution. From time to time during the period of this contract, the City and/or the Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:

For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth

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above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.

For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code. (2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.

E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid.
5-7 SAFETY.
5-7.1.3 Traffic and Access. [Add the following to section]:

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor.

Pedestrian access shall be maintained at all times during construction and shall be in accordance with the Americans With Disabilities Act.

5.7.2 Safety Orders

5.7.2.1 General. [Add the following to this section]:

The Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which if five feet or more in depth and into which a person is required to descent.

In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed

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plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.

In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.

In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:

I. That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.

II. The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

III. That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:

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The Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted. 5-7.2.2.2 Street Closures, Detours, Barricades. [Add the following section]:

The Contractor shall perform lane closures and all traffic control operations in accordance with the applicable details in the California MUTCD, latest edition. No work shall be performed until the required lane closure traffic control has been installed and approved by the City. If the City does not feel that the Contractor is properly and safely implementing the MUTCD details, then work shall be stopped until such time as the Contractor can successfully remedy the deficiencies.

Portable delineators (traffic cones are not allowed), which conform to the California MUTCD, latest edition, shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 25 feet. The minimum lane transitions shall be a 50 to 1 taper. Double base delineators will be required.

The Contractor shall schedule the order of his work such that no travel lanes are closed before 9:00 A.M. or after 3:30 P.M. daily. A minimum of one through travel lane and all turning lanes in all directions with flaggers will be required at all times. The same number of travel lanes currently in use shall be opened to traffic during non-working hours. No street closures shall be made unless indicated on the approved traffic control plans. The traffic signal and traffic signal detectors shall remain operational continuously during the construction, and traffic loops that require replacement shall be disrupted no more than 5 calendar days before their replacement.

No night work will be allowed, unless otherwise specified on the Plans or as approved by the City. Weekend work may be allowed subject to approval by the City.

The Contractor shall provide, at his expense, advanced warning signs advising the public of the impending major construction project and his proposed schedule. Said signs shall be posted at all major approaches to the construction zones a minimum of one week prior to the start of construction.

The Contractor shall designate at least one worker solely for the provision and maintenance of traffic control.

The Contractor shall be responsible for providing temporary access to all intersecting streets and driveways throughout the workday and at the end of each workday. A minimum of one access point shall be maintained for each commercial business during their normal business hours.

Pedestrian access shall be maintained at all times and temporary and permanent pedestrian access shall be in accordance with the Americans with Disabilities Act.

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The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area and shall be maintained in a new or like new condition, free of damage and graffiti.

If the traffic delineators are damaged, displaced or not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

The Contractor shall furnish competent flagmen to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the California MUTCD. The equipment shall be furnished and kept clean and in good repair by the Contractor, at Contractor’s expense.

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at its own expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.

Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.

1. Fire Department: Orange County Fire Authority, (714) 573-6000

2. Police Department: Orange County Sheriff’s Department, (714) 647-7000

3. School Districts: Saddleback Valley Unified: (949) 586-1234, Capistrano Unified: (949) 489- 7000

4. Trash Collection: CR&R, (877) 728-0446

5. Street Sweeping: Sunset Property Services, (949) 551-5151

6. Transit Operations: Orange County Transportation Authority (OCTA), (714) 560-6282

7. Fire Department: Station 18, (949) 858-9369

8. Mail Service: US Postal Service
The City Engineer may add additional entities to this list at his discretion.

All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction. Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the City. The Contractor shall also provide temporary traffic restriping, or reflective white or yellow plastic tabs, at the conclusion of each working day, if not sooner, as directed by the City, for any centerline, painted median or lane line that is obliterated by construction.

The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices. No later than 10 days after the award of the Contract, the Contractor shall furnish to the City, names, and telephone numbers of three persons responsible for this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.

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Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day’s schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed and approved by the City.

Personal vehicles of the Contractor's employees shall only be parked in an allowed area as delineated by the City, and shall not be parked on the traveled way at any time, including any section closed to public traffic.

The Contractor shall also ensure that access to all side streets and driveways are maintained at all times. Work in front of or within driveways and side streets shall be conducted in a manner where at no time is access to property denied. Portions of driveway approaches that are not ready to be opened for traffic at the end of the workday shall be steel plated per the requirements noted in the previous paragraph. The Contractor shall use temporary AC surfacing at his own expense for traffic control as required to maintain traffic in a safe non-disruptive manner.

SECTION 6 - PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following section]:

The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below. 6-1.3 Construction Schedule (Critical Path Method) [Add the following section]:

The Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these Special Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.

Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that

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all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. The Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.

The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.

Schedule activities shall include the following:

A. A clear legible description.

B. Start and finish dates.

C. A duration of not less than one working day, except for event activities, and not more than 40 working days, unless otherwise authorized by the Engineer.

D. At least one predecessor and one successor activity, except for Project start and finish milestones.

E. Required constraints.

F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.

The Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. The Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.

The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.

Errors or omissions on schedules shall not relieve the contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either the Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next schedule.

Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore. 6-1.4 Acceleration. [Add the following section]:

The City reserves the right to accelerate the work of the Contract at any time during its performance. In the event the City directs acceleration, such directive will be given to the Contractor in writing. The Contractor shall keep cost and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to the City on a daily basis.

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In the event the Contractor believes that some action or inaction on the part of the City constitutes an acceleration directive, the Contractor shall immediately notify the City in writing that the Contractor considers the actions or inactions an acceleration directive. The Contractor shall not accelerate their work efforts until the City responds to the written notification. If acceleration is then directed or required by the City, all cost records referred to in the previous paragraph shall be maintained by the Contractor and provided to the City on a daily basis.

In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:

The time for completion shall be as set forth in the General Specifications. 6-3.2 Contract Time Accounting. [Add the following to this section]:

The Contractor's activities shall be confined to the hours between 8:00 AM and 4:00 PM, Monday through Friday, excluding holidays, unless otherwise specified. Work shall be prohibited any time on Saturday, Sunday or Federal Holidays except as provided herein. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates (premium time) including benefits, overhead, and travel time and are established based on the City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due the Contractor.

Construction activities during City Special Events may be restricted by City to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer.

The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and re-mobilization shall be deemed as included in the lump sum contract for their respective items and no additional compensation will be allowed.
6-3.3 Completion, Acceptance, and Warranty. [Add the following section]:

Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be

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sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $500.00. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost. 6-9.1 Additional Liquidated Damages. [Add the following section]:

Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to follow a construction schedule or timely submit periodic progress reports as described in Section 6 of these Special Provisions.

Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to mobilize to the Project site within 10 working days of the date of the Notice of Proceed as specified in these Special Provisions.

Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to restore damaged utilities within three (3) working days as specified in Section 5 of these Special Provisions.

Additional liquidated damages shall be assessed in the amount of $500.00 per day for failure to comply with, or implement, or maintain the Storm Water Pollution Protection Plan (SWPPP) or Water Pollution Control Plan (WPCP), as required, by the City’s NPDES permit with the San Diego Regional Water Quality Board.

Additional liquidated damages shall be assessed in the amount of $500.00 per incident that the Contractor fails to install the Best Management Practices (BMP's) within 24 hours of notification as described in Section 7-8.6.2 of the Special Provisions.

SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. [Add the following to this section]:

The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.

SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract Agreement.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the City, and deposited with a State or Federally chartered bank

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as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the City, pursuant to the construction contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the City approved securities with the escrow agent, the escrow agent shall notify the City within 10 calendar days of the deposit.

Said securities shall be evaluated quarterly by the escrow agent to verify the current market value.

If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet the Contractor's obligations. Said securities shall be held by the escrow agent until such time as the escrow agent receives written notification from the City that the Contractor has satisfactorily completed his contract obligations.

Alternatively, the Contractor may request and the City shall make payment of retention earned directly to the escrow agent at the expense of the Contractor. The Contractor may direct the investment of the payment into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

The full five percent (5%) retention will be deducted from all payments. The City shall hold retainage from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Contract work, and pay retainage to the Contractor based on these acceptances. The Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
7-3.3 Delivered Materials. [Add the following to this section]:

Materials and equipment delivered but not incorporated into the work shall not be included in the estimate for progress payment.
7-3.4 Mobilization. [Add the following to this section]:

Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on

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this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.

Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for Mobilization and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.

SECTION 9 – FACILITIES FOR CONTRACT PERSONNEL. [Add this section]:
9-1 EXTENDED FIELD OFFICE OVERHEAD COST.

Within fourteen (14) calendar days after receipt of the Notice to Proceed, the Contractor shall submit written statement to the City detailing its field office overhead costs which are time related.

The City will review this first cost submittal and reach a written agreement with the Contractor on a daily field office overhead cost rate which shall be memorialized in a no cost change order. The daily rate agreed to in this change order will be applicable throughout the duration of the Contract.

No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.

The individual cost components of the daily field office overhead rate shall represent costs which increase as a direct result of any time extension caused solely and exclusively by an act or omission of the City. This listing may include such cost items as on-site project management, supervision, Engineering and clerical salaries; on-site utilities and rent; on-site company vehicles and their operating expenses; and site maintenance and security expenses. Field office overhead costs which are unaffected by increased time shall not be allowable cost in calculating the daily field office overhead rate. These non-time related costs include, but are not limited to, acquisition and installation of stationary equipment; temporary construction facilities; utilities and office furnishings (unless such items are rented or leased); the preparation of the site including clearing, grubbing, grading, fencing, mobilizations and demobilization costs; and the costs of permits, bonds and insurance coverage for the Project.

The individual wage cost components used to calculate the daily field office rate shall be supported by actual employee payroll records, not salary ranges or estimates. Hourly rates for management, supervisory, engineering, and clerical employees shall be based upon 2080 work hours per year and shall not include allowances for holidays, vacations, or sick time.

When applicable, the daily field office overhead rate shall be multiplied by the number of days the Contract is delayed or extended by change order and shall be added to the agreed upon change order cost. The days of delay shall be those caused solely by the acts or omissions of the City and documented by a time impact analysis prepared and submitted by the Contractor. In the event a deductive change order is issued which reduces time under the Contract, the daily field office overhead rate shall be used to calculate the deductive amount. No allowance for overhead costs and no profit allowance shall be added to the extended field office overhead cost.

SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:

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10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.

Conduct of the Work. The Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of contractor’s staff from the Project.

Noise Levels. A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
10-2 COOPERATION AND COLLATERAL WORK.

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.

The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and/or as directed by the Engineer.

The Contractor shall implement effective handling, storage, usage, and disposal practices to control material pollution and manage waste and nonstormwater at the job site before they come in contact with storm drain systems and receiving waters. 10-3.1.1 Construction Cleaning [Add the following section]:

The Contractor shall:
(a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, weeds 6” high, and rubbish. Maintain site in a clean and orderly condition. (b) Provide suitable covered containers for deposit of debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements. (c) The Contractor shall supply self-loading motorized street sweepers equipped with a functional water spray system as part of his daily program. (d) Schedule at a minimum, weekly collection and disposal of debris. Provide additional

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collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.

The Contractor shall remove debris from closed or remote spaces prior to closing the space, control cleaning operations to minimize dust and other particulates and immediately remove clay and earth which adhere to the paved surface of the roadway. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring or loosening the surface.

The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore. 10-4 WATER POLLUTION CONTROL
10-4.1 Best Management Practices (BMPs)
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require the Contractor to implement “Best Management Practices”.

The Contractor shall submit a Water Pollution Control Plan (WPCP) as detailed in Appendix A.

The Contractor shall confirm that all of the Best Management Practices (BMP’s) have been adequately detailed that addresses his or her anticipated construction operations and meets the intent of the NPDES requirements. The Contractor shall obtain a Notice of Intent (NOI) from the State Water Resources Control Board and pay all related fees. The NOI shall be submitted as part of the WPCP. After the Notice of Award, the Contractor shall submit to the City a finalized and signed WPCP, which establishes the construction BMP requirements, for review and approval. No work will be allowed to begin without an approved WPCP on file with the City.

The Contractor shall utilize Best Management Practices (BMP’s) outlined in the WPCP during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this Project include, but are not limited to, covering all storm drain inlets in the Project vicinity with water permeable fabric and gravel bags prior to performing any adjacent AC grinding, removal or paving operations or PCC ramp lip grinding; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all

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incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the Owner’s Representative.

The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. San Diego Regional Water Quality Control Board

2. County of Orange
10-4.1.2 Payment
Full compensation for conforming to Subsection 7-8.6, including providing all necessary Best Management Practices shall be considered as included in the Contract LUMP SUM price for Best Management Practices and shall include finalizing and implementing the WPCP in accordance with the “Draft” WPCP and as detailed herein, and shall include full compensation for encroachment permit processing as related to the WPCP, furnishing all labor, tools, materials, and incidentals for implementing said approved / finalized WPCP. 10-6 CONTRACTORS RESPONSIBILITIES FOR WORK
Until Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the City Engineer, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City.

Such storage by the Contractor shall be on behalf of the City, the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.

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PART 2 - CONSTRUCTION MATERIALS
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS

PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class and Alternate Class. [Add the following]:

The class of concrete shall be 520-C-2500 with a maximum slump of four (4) inches for all sidewalks, curbs and gutters. The class of concrete shall be 560-C-3250 or as specified by the Engineer for all foundations, driveways, and cross gutters. The concrete for the cross-gutters and driveways shall be designed for early high strength. 201-1.1.3 Concrete Specified by Special Exposure. [Add the following]:

Test for Portland Cement Concrete

1. All material shall comply with Orange County Standards, American Concrete Institute (Act 1) and Uniform Building Code.

2. Product Data:
a) Submit complete materials list of items proposed for the work. Identify materials source.
b) Submit admixture, curing compound, retarder, and accessory item product data.
c) Submit material certificates for aggregates, reinforcing, and joint fillers.

3. Submit concrete delivery tickets. Show the following:
a) Batch number
b) Mix by class or sack content with maximum size aggregate c) Admixture
d) Air content
e) Slump
f) Time of loading

4. Submit concrete test reports.

5. Provide field quality control testing and inspection during concrete operations.

6. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function.

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7. Testing:
a) Provide slump test on first load of concrete delivered each day and whenever requested due to changes in consistency or appearance of concrete.
b) Provide air indicator test and air meter tests for all air entrained concrete. i) Perform air indicator test with a “Chase” AE 35 or equal air indicator, and air meter test in accordance with ASTM C231 or 173. Test first load of concrete delivered each day.
ii) Furnish copies of field records and test reports as listed for strength tests.
c) Strength Testing:
i) Provide 1 set of 3 test specimens for each 50 cubic yards placed in any one day. Secure samples in accordance with ADTM C31. ii) Test 1 specimen at 7 days and 2 specimens at 29 days in accordance with ASTM C39.
iii) Furnish copies of field records and test reports as follows:
2 copies to City’s representative
1 copy to Contractor
1 copy to Ready Mix supplier
d) Record the exact location of the concrete in the work represented by each set of cylinders and show on test reports.
e) Provide an insulated moist box for protection of the test cylinders until shipped to the laboratory.
201-1.2 Materials
201-1.2.1 Portland Cement. [Replace the first sentence of the first paragraph]:

All cement to be used or finished shall be Type V.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.2 Premolded Joint Filler. [Replace with the following]:

The Contractor shall use ¼” bituminous type expansion joint filler only. 201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds.

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Contractor shall use TYPE II “Hunts” clear curing compound, unless otherwise specified by the Engineer.

SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS
211-1.1 Laboratory Maximum Density. [Replace with the following]:

Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D 1557. 211-1.2 Field Density. [Add the following paragraph]:

Field density tests will be made by the Engineer during the course of construction at the expense of the Agency. If field density tests indicate that any portion of the compacted subgrade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas which have failed compaction will be performed by the Engineer at the Contractor’s expense. The Contractor’s compensation may be reduced for asphalt concrete compaction not in conformance with these specifications in accordance with the CalTrans Compaction Reduction Procedure.

PART 3 - CONSTRUCTION METHODS
300-1 CLEARING AND GRUBBING
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item:
(1) Mobilization/demobilization including multiple occurrences of mobilization/demobilization.
(2) Clearing, removal, and disposal of debris generated from the work. (3) Hand removal and disposal of all vegetation, trees, tree roots, trash and other objectionable material from the affected portion of the project and areas adjoining thereto on a daily basis.
(4) Protection of existing plant materials and fencing. (5) Preparation of a Stormwater Pollution Prevention Plan. (6) Sediment and erosion control implementation, Water Quality Best Management Practices and compliance with NPDES and State Construction Permit.

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(7) Protection and maintenance of existing improvements, including but not limited to fencing, storm drains, parking lot, sidewalks, utilities, and traffic controls within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
(8) Maintain dust control at all times. Developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.
(9) Daily clean up of work site. Daily litter removal. Daily street sweeping. Recycling of waste materials and provisions for refuse containers. (10) Preparation of a Traffic Control Plan and providing and maintaining traffic control and all signs, barricades and flashers necessary to maintain proper control and issuance of notices of access changes or parking space closures. (11) Notices to property owners, coordination with others and coordination with utility companies.
(12) Surveying for establishment of line and grade (if any). (13) Submittal of a Parking Management plan that outlines a minimum of 75% of parking spaces to remaining available at all times during course of work. (14) Other items of work as directed in these Special Provisions. 300-1.4 Payment. [Add the following]:

Unless otherwise specified, compensation for clearing and grubbing shall be paid for at the LUMP SUM contract price and no additional compensation will be allowed. Payment shall include full compensation furnishing all labor, materials, tools, equipment and doing all work involved in clearing and grubbing as specified. Payment shall be limited to not more than 50.0% per progress payment.
300-2 UNCLASSIFIED EXCAVATION
300-2.2 Unsuitable Material [Add Subsection 300-1.3.2(a). “Bituminous Pavement” as Subsection 3090-2.2.3 and amend as follows]:

The areas and quantities shown on the plans are given only for the Contractor’s aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spilled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt or Portland cement concrete pavement.

The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section for asphalt concrete removal and replacement. Where directed by the Engineer, additional aggregate base and/or native soil shall be removed to correct a subsurface problem.

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300-2.6 Surplus Material. [Add the following]:

All surplus material shall be disposed of in a legal manner at the expense of the Contractor. 300-2.9 Payment
Payment for all unclassified excavation or fill, saw cutting, hauling, and disposal shall be included in the unit price for the various items of related work and no additional compensation will be allowed therefore.

SECTION 301 – TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF

BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction. [Add the following paragraph after the first paragraph]:

Existing or new subgrade shall be compacted to 95% relative compaction in the top 12” of subgrade. Compaction requirements shall be as specified in Subsection 211-2.3 of the Standard Specifications.
301-2.4 Measurement and Payment. [Add the following]:

Payment for subgrade specifications shall be included in the unit price for the various items of related work and shall include full compensation for all labor, materials, equipment, and compaction for doing all work for setting the base.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, V-DITCHES, CROSS GUTTERS, WHEEL

STOPS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. [Add the following paragraph]:

Construction of Portland Cement Concrete curb and gutter, rolled curb, cross gutter, sidewalk, driveway approach, driveways, tree wells, v-ditches, and access ramps shall be constructed in accordance with the Contract Documents as modified herein and shall include the removal and replacement of 12” wide by 12” deep by “length of work of PCC” of deep lift AC paving.

Contractor shall take note that there are a variety of concrete sidewalk finishes and colors at the various locations of the identified work. Contractor shall match the existing color, texture and finish of the concrete being replaced.

Sawcutting, excavation, grading, preparation of subgrade and installation of crushed aggregate base if necessary for the construction of these items shall be included in each corresponding bid item and no additional compensation will be made therefore.

All cement products shall be Type V.

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Curing compound shall be Type II conforming to the provisions in Section 201-4, “Concrete Curing Compound,” of the Specifications. Contractor shall exercise caution in using such curing compounds so as to avoid spraying any cars which may be parked adjacent to the work site.

Contractor shall match existing curb face height and gutter width.

The Contractor shall schedule his operations so that P.C.C. work shall be constructed within forty-eight (48) hours subsequent to removals at any given locations.

As soon as the concrete will allow, strip the forms and trowel smooth the curb face and top. Tool the edges of expansion joints with an approved 1/8 edging tool.

After curing, AC deeplift shall be placed per pave-out detail. Completed curb and gutter, curb, sidewalk, cross-gutter, v-ditches, and driveways shall be protected from damage until accepted.

Concrete curbs, walks, gutters, v-ditches, wheel stops, and driveways shall conform to the Standard Specifications as modified by OCPW Standard Plan 1803 and herein. Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications.

Access ramps shall be constructed in accordance with Caltrans Standard Plan RSP A88A or equivalent, monolithic pour of curb and gutter and ramp, including a back-of-walk retaining curb and sidewalk as directed and as needed, and including cast in place blue truncated dome panels by Armor-Tile.

Any irrigation system damages shall be repaired to City’s satisfaction. 303-5.2 Forms.
303-5.2.1 Standard Forms. [Add the following]:

1. Use flexible metal, 1" lumber or plywood forms to form radius bends.

2. Install, align and level forms, stake and brace forms in place. Maintain following grade and alignment tolerances.
a) Top of Form: Maximum 1/8" in 10'-0".
b) Vertical Face: Maximum 1/4" in 10'-0".

3. The Contractor shall include all fine grading and compaction with regard to setting forms during concrete placement.
303-5.4 Joints.
303-5.4.1 General. [Add to the first paragraph]:

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The surface sidewalks shall be marked into rectangles of not less than 12 square feet nor more than 20 square feet with a scoring tool which will leave the edges rounded or scored to match the adjoining sidewalk.

A monolithic pour of sidewalk and curb and gutter shall not be permitted except at the access ramp locations.
303-5.4.2 Expansion Joints. [Modify second paragraph as follows]:

The expansion joints consisting of pre-molded Expansion Joint Filler (Bituminous Fiber Type) ¼-inch thick, shall be installed on all curb, gutter, and sidewalk as specified below:

1. At beginnings and ends of all curb and sidewalk returns.

2. Adjacent to walls and buildings at locations where sidewalk is constructed over the full width between the curb and walls.

3. As an alternate to weakened plane joints.

4. At a maximum of twenty (20) feet spacing in the curb and gutter.

5. At any other location where required by the Engineer.

Provide expansion joints using pre-molded joint filler at concrete work abutting curbs, walks, and other fixed objects.

1. Locate expansion joints as indicated. When not indicated, provide joints at maximum 10'-0" on center for curbs and walks. Align joints in abutting curbs and walks.

2. Install joint fillers full-width and depth of joint. Recess top edge below finished where joint sealants are indicated.

3. Install joint fillers full-width and depth of joint. Provide top edge flush with adjacent finished surface.

4. Provide joint fillers in single lengths for the full slab width, whenever possible. Fasten joint filler sections together when multiple lengths are required.

5. Where intersecting joints occur, joint top edge and continue any spliced joints without deviation of form line or direction.

6. Protect the top edge of the joint filler during concrete placement. 303-5.9 Measurement and Payment. [Amend paragraph with the following]:

The compensation for the removal of existing sidewalk, curb and gutter, local depression, ramps, driveway approach, driveway, cross-gutter, v-ditches, including removal of tree roots, protection of irrigation, and repair of irrigation damaged by the contractor, including saw-cutting to construct sidewalk, curb and gutter, curb, driveway approach, driveway, cross-gutter, v-ditch, and access ramp with blue truncated dome panels by Armor-Tile, the

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use of high early strength concrete and removal, protection, and reinstallation of bus bench and trash receptacle, if any, and the matching of concrete color, texture and finish shall be included in each corresponding bid item, and no additional compensation shall be allowed.

The price bid for Concrete Surfacing to include full payment for all materials, labor, equipment and incidentals to remove existing equipment and construct concrete improvements.

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303-7.1 General
All excavation, backfill and other earthwork incidental to performance of the work shall conform to the requirements of “Earthwork” Section 300.

PART 4 EXISTING IMPROVEMENTS
SECTION 402 – UTILITIES
402-7 LOCATION. [Add the following section]:

The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.

The existence and locations of utilities shown on the drawings have been determined by a search of the available records as provided by the respective utility owner. The exact locations have not been determined by potholing unless so indicated on the drawings. The Contractor shall determine the exact location of all existing utilities prior to commencing work. Contractor agrees to be fully responsible for any and all damages which may be caused by his failure to exactly locate and preserve any and all underground utilities, whether shown on the plans or not. In the event the Contractor encounters underground utilities not shown on the plans, he shall verify the exact location of the utility and immediately notify the Engineer, regardless of whether the unknown utility conflicts with the proposed construction or not. In the event of such a previously unknown conflict, the Contractor shall immediately notify the Engineer as to the extent, if any, of delays or additional costs resulting from said conflict. The Contractor shall perform work and provide necessary materials to disconnect or relocate existing utilities as indicated. Record on record drawings all existing utility termination points before disconnecting.

When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation.

In the event the Contractor damages an existing utility line, the Contractor shall restore damaged utilities within three (3) working days.

Pursuant to Government Code Section 4215, if any main or trunkline utility facilities that are not indicated in the drawings, plans or specifications and are determined by Contractor to be located on the site of any construction project that is a subject of the contract, the City shall assume the responsibility for timely removal, relocation, or protection of the existing main or trunkline utility facilities. The Contractor will be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of City or the utility owner to provide for removal of relocation of such utility facilities. Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall

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relieve the City from identifying main or trunklines in the plans or specifications. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays which are responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the Contract Plans or Specifications, Contractor shall immediately notify the Engineer and utility in writing. The public utility, whether they are the owner, has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

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Appendix A

APPLICABLE STANDARD PLANS

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SECTION F-F

SECTION E-E

PROFILE
PLAN

SECTION D-D
NOTES:

SHT. OF
STD. PLAN
1 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
PARKWAY CULVERT TYPE - "A"
Revision: August 2018

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SECTION C-C

SECTION B-B

PROFILE
PLAN

SECTION A-A
SHT. OF
STD. PLAN
2 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
PARKWAY CULVERT TYPE - "B"
Revision: August 2018
NOTES:

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SECTION A-A

CURB PROFILE
PLAN

CASE II INLET

CASE I INLET
NOTES:

CURB PROFILE
SHT. OF
STD. PLAN
3 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
PARKWAY CULVERT - TYPE "C"
Revision: August 2018

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OUTLET DETAIL

FACE ANGLE ANCHOR
DETAIL
GENERAL NOTES:

TABLE I
SHT. OF
STD. PLAN
4 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

PARKWAY CULVERT - DETAILS AND NOTES
Revision: August 2018

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TERRACE DRAIN
SHT. OF
STD. PLAN
1 3
1321
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

TERRACE AND DOWN DRAIN
Revision: August 2018

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DOWN DRAIN

SECTION A-A
SHT. OF
STD. PLAN
2 3
1321

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

TERRACE AND DOWN DRAIN
Revision: August 2018

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SECTION A-A
PLAN
SHT. OF
STD. PLAN
3 3
1321
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

TERRACE AND DOWN DRAIN
Revision: August 2018

TERRACE DRAIN/

DOWN DRAIN INTERSECTION

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Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
Revision: August 2018

SECTION B-B

SECTION A-A

PLAN VIEW
NOTES:

DETAIL A
1 1
1331

DOWNDRAIN TO PIPE TRANSITION

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Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
Revision: August 2018
NOTES: 1 1
1332

INTERCEPTOR DRAIN

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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLANS - CURB & SIDEWALK JOINTS
Revision: August 2018
SHT. OF
112-2-OC
Approved
1 1
STD. PLAN

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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
1
2 SPPWC STANDARD PLAN - CURB AND GUTTER-BARRIER
Revision: August 2018
Approved
120-2-OC
STD. PLAN
SHT. OF 1 1
1
2 1
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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLAN - CROSS AND LONGITUDINAL GUTTERS
Revision: August 2018
Approved
122-2-OC
STD. PLAN
SHT. OF 1 1

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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLAN - ASPHALT CONCRETE PAVEMENT REPLACEMENT Revision: August 2018
Approved
STD. PLAN
133-3-OC
SHT. OF 2 1

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Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLAN - ASPHALT CONCRETE PAVEMENT REPLACEMENT Revision: August 2018
Approved
STD. PLAN
133-3-OC
SHT. OF 2 2

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Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk 1511509.1
Appendix B

PROJECT PLANS

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VARIOUS LOCATIONS CONCRETE WORK LIST
SEE BID ITEMS 2 - 6
DIMENSIONS ARE ESTIMATES ONLY. LIST MAY NOT BE ALL INCLUSIVE.

WIDTH (FT) LENGTH (FT) SQ FT TYPE LOCATION
10 20 200 SIDEWALK 26701 MOULTON
10 10 100 SIDEWALK 26701 MOULTON

4.5 10 45 SIDEWALK INDIAN HILL @ AUTUM HILL
5 20 100 SIDEWALK INDIAN HILL @ AUTUM HILL

4.5 6 27 SIDEWALK INDIAN HILL @ AUTUM HILL

4.5 5 23 SIDEWALK INDIAN HILL @ SAND CREEK

4.5 19.5 88 SIDEWALK INDIAN HILL @ SAND CREEK

4.5 19.5 88 SIDEWALK INDIAN HILL @ ASH CREEK

4.5 10 45 SIDEWALK INDIAN HILL @ HOLLY HILL

4.5 25 113 SIDEWALK INDIAN HILL @ HOLLY HILL

5.5 40.5 223 SIDEWALK SANTA VITTORIA BEHIND 22666 GENOVA

4.5 25 113 SIDEWALK SANTA VITTORIA @ CENTINELA

4.5 13 59 SIDEWALK ES SANTA VITTORIA 280FT SO SANTA MARIA

7.5 20.5 154 SIDEWALK WB LA PAZ 1000FT W/O ALAMEDA (ES CULVERT)

7.5 20.5 154 SIDEWALK WB LA PAZ 1000FT W/O ALAMEDA (WS CULVERT) 4 50 200 SIDEWALK ACROSS FROM 25351 ERICSON
4 39 156 SIDEWALK EARHART BETWEEN ERRICSON & LAS BOLSAS 4 26 104 SIDEWALK 25272 COSTEAU
4 21 84 SIDEWALK 25471 GRISSOM
4 24.5 98 SIDEWALK ACROSS FROM 25161 DE SALLE
6 30 180 SIDEWALK ACROSS FROM 25046 MACKENZIE
6 20.5 123 SIDEWALK ACROSS FROM 25401 MACKENZIE
4 4 16 SIDEWALK 24992 CAMBERWELL

4.5 20 90

SIDEWALK & DRIVE
APPROACH 25546 OAK LEAF
4 43 172 SIDEWALK 25442 CHAMPLAIN
6 10 60 SIDEWALK 24032 EL TORO

4.25 16.67 71 SIDEWALK ACROSS FROM 23621 MARSALA

WIDTH (FT) LENGTH (FT) SQ FT TYPE LOCATION

7.5 14.5 109 SIDEWALK CULVERT LH DR BETWEEN PDV & INDIAN HILL

LENGTH (FT) TYPE LOCATION
100 6 IN CURB & GUTTER 25485 BARENTS
6 6 IN CURB & GUTTER 27121 WOODBLUFF

LENGTH (FT) TYPE LOCATION
20 8 IN CURB & GUTTER 24035 EL TORO
23 8 IN CURB & GUTTER 23161 MOULTON
NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO ADD OR DELETE LOCATIONS.

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Benefits
• Easy application – single coat
application with minimal site
preparation.
• Cost effective – less labor and
application costs due to
simplicity of use.
• Versatility – Use on metal,
concrete, brick, stone, wood,
fiberglass and pre-existing
coatings.
• Superior Performance – antistick properties aid in graffiti removal.
• Non-sacrificial – long lasting,
durable.
• Aesthetically pleasing – will
not damage pre-existing
coverings nor peel.
• Quick Dry Time.
• 5 Year Limited Warranty
Si-COAT® 530™ is a clear single application coating
that is a long-lasting solution to graffiti tagging
Product Description
Si-COAT® 530™ is a clear, semi-gloss, permanent (non-sacrificial) one coat anti-graffiti protective coating suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings.

This single component, room temperature vulcanizing (RTV), moisture cure polysiloxane product provides excellent durability and long service life. Si-COAT 530 forms chemical bonds directly with the host surface to enhance adhesion properties without the need for abrasive blasting, priming, and extensive site preparation.

Most Graffiti can be removed from coated areas using water under low pressure - 1200 psi (ASTM D7089 Cleanability Level One).

Cost Savings
The simple single coat system of Si-COAT 530 minimizes labor costs and installation time over other multi-coat anti-graffiti coatings. The cost savings are amplified by minimal site preparation required before application; again saving time, labor, and material costs.

The non-sacrificial nature of Si-COAT 530 means that the product will withstand many repeated graffiti removal cycles without the need of being reapplied. Further cost savings are noticed when removing the graffiti tagging, compared to other products, as no proprietary cleaners are needed.

Superior Performance
Si-COAT 530 is suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings - however, test patches should be performed as product may have a darkening effect on some surfaces.

The protective coating remains flexible allowing it to remain intact through thermal expansion and contraction of the substrate.

These properties also make the product able to bridge hairline surface cracks. Si-COAT 530 allows moisture vapor to escape while preventing water penetration allowing for enhanced protection of the coated surface to conditions such as dampness, weather damage and other above grade conditions.
www.cslsilicones.com
Si-COAT 530 | Anti-Graffiti Protective Coating Si-COAT® 530™ | Anti-Graffiti Protective Coating

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Packet Pg. 219 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Packaging
Si-COAT® 530™ is available in
1 US gal (3.8L) and 5 US gal (18.9L)
containers.

Shelf Life
When stored in the original
unopened container at or below 90oF
(32oC) Si-COAT 530 has a shelf life of
12 months. Store Si-COAT 530 in dry,
shaded conditions away from sources
of heat and/or ignition.

Safety Precautions
This product is intended for
use only by professional applicators
in industrial situations in accordance
with the advice given in this
document, the Technical Data Sheet
(TDS), the Material Safety Data Sheet
(MSDS) and the container(s). Si-COAT
530 should not be used without
reference to the TDS and MSDS
that CSL Silicones Inc. provides to its
customers.

All work involving the application
and use of this product should be
performed in compliance with all
relevant national Health, Safety
& Environmental standards and
regulations.

When applying in confined
spaces ensure adequate ventilation
and/or respiratory equipment.

CSL Silicones Inc.
144 Woodlawn Rd. W.

Guelph, ON, Canada N1H 1B5
+1 519.836.9044
+1 800.265.2753
www.cslsilicones.com
Si-COAT 530 | Anti-Graffiti Protective Coating
Physical Properties
(typical properties - values not to be used as specifications)

UNCURED
Appearance Thick Paint
Viscosity 5,000 ± 2,000cP
Sag 20 minimum (Leneta Anti-Sag Meter)
Cure System Neutral, moisture cure
CURED At standard conditions [77oF (25oC) and 50% relative humidity] for 7 days Hardness 35 (ASTM D2240, Shore A)
Tensile Strength 200 psi (19kg/cm2) (ASTM D412)
Elongation at Break 230% (ASTM D412)
Temperature Stability Continuous: -40 to 392oF (-40 to 200oC) System Compatibility
Primer is not needed prior to applying Si-COAT 530 to most common substrates. A field adhesion test is recommended prior to application, especially on painted surfaces.

Application Temperature Range
41 to 140oF (5 to 60oC) – ambient
41 to 266oF (5 to 130oC) – substrate
Theoretical Coverage
DFT 8 mils (203 µ) 10 mils (254 µ)
sq. ft/US gal 140 112
sq.m/L 3.5 2.8
Dry Time
At standard conditions [77oF (25oC) and 50% relative humidity – 10 mils wet film thickness]
Skin-over Time 30 minutes
Tack-free Time 60 minutes
Cure Through 4 to 6 hours
27/11/13 rev 4
Si-COAT® 530™ | Anti-Graffiti Protective Coating

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Packet Pg. 220 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Reviewed 27/11/13
Si-Coat® 530™ TDS rev 5
All trademarks registered. All rights reserved
Technical
Data Sheet
Si-COAT® 530™
Anti-Graffiti Protective Coating

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
1 Introduction Si-COAT 530 is a clear, semi-gloss, permanent (non-sacrificial) one coat antigraffiti protective coating suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings. This single component, room temperature vulcanizing (RTV), moisture cure polysiloxane product provides excellent durability and long service life.

As a result of its specific chemistry, Si-COAT 530 forms chemical bonds with the host surface to enhance adhesion properties without the need for abrasive blasting, priming, and extensive site preparation.

Due to the hydrophobicity of the coating, most graffiti-tagging can easily be removed from protected surfaces using water under low pressure – 1200 psi (ASTM D7089 Cleanability Level One).

For best results, Graffiti tagging should be removed from the Si-COAT 530 coating as soon as possible using a regular cold water pressure washer.

In the instance that graffiti has been left on for a longer time period (greater than 10 days) and is stubborn to remove with cold water then a warm water pressure wash may be necessary.

In the extremely rare instance that stubborn graffiti media (specialty paints with adhesion primers that have been left to cure for extended periods of time) is not removed 100% with warm water then apply a commercially available alkaline based cleaner and rinse off immediately.

Note: Before applying alkaline cleaner to the coating, test a small patch in an inconspicuous area. Contact CSL Silicones Inc. for information and/or recommendations on which cleaners are most suitable for specific problems. 2 Product
Description
A single component, room temperature vulcanizing (RTV), moisture cure, polysiloxane coating giving excellent durability and long service life. 3 Intended Uses Suitable for use in applications where a surface needs to be protected from graffiti since most marking media can be easily removed from the coated surface, due to the excellent hydrophobicity of the coating. Si-COAT 530 is suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings - however, test patches should be performed as product may have a darkening effect on some surfaces.

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Packet Pg. 222 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk Si-COAT® 530™ Page 3 of 6
Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
4 Practical
Information
Color
Gloss Level
Volume Solids
Typical Thickness
Application Rate
Approx.

Theoretical
Coverage
Allow appropriate
loss factor:

Method of
Application:

Temperature
Range
Drying Time:

Clear
Semi-gloss
~70%
8 to 10 mil (203 to 254 micron) dry film thickness (DFT).

Equivalent to…
~11 to ~14 mil (~290 to ~ 363 microns) wet film thickness (WFT).

Application thickness is dependent on washing frequency.

DFT 8.0 mils
(203 µ)

10.0 mils
(254 µ)
sq. ft/US
gal
140 112
sq.m/L 3.5 2.8
Practical Coverage = Theoretical Coverage x [100% - Loss%] Airless spray, brush or roller
41 to 140°F (5 to 60°C) [ambient]
41 to 266°F (5 to 130°C) [substrate]
Skin-over Time 30 minutes*
Tack-free Time 60 minutes*
Cure Through 4 to 6 hours*
Full Physical Characteristics 7 days*
*At standard conditions [77oF (25o C) and 50% relative
humidity – 10 mils wet film thickness]
5 Regulatory
Data
Flash Point
Product Weight
VOC
104°F (40°C) minimum

7.93 lb/US gallon (0.95 kg/liter) minimum

1.93 lb/US gallon (230.10 g/liter) maximum
6 Physical
Properties
(Typical properties -
values not to be used as
specifications)

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
7 Surface
Preparation &
Surface
Cleanliness
All surfaces to be coated should be free of dirt, dust, chalking paint, mortar spatter, all loose rust, all loose mill scale, old caulking, grease, oil, release agents, curing compounds, laitance and other foreign matter including frost. Any paint that is peeling, flaking, cracking, blistering or lifting must be removed. Old coating that does not meet ASTM standard D3359 (“Measuring Adhesion by Tape Method”) with a minimum rating of 4A or 4B must be removed. All edges of old coating must be feathered down to remove the sharp edge.

In order to achieve the above conditions, the suggested surface preparation standards are SSPC-SP2 (hand tool cleaning), SSPC-SP3 (power tool cleaning) or SSPC-SP12/NACE No. 5 (water jetting/blasting).

For surfaces prepared by water jetting/blasting, the SSPC-VIS 4(I)/NACE No. 7 standards for surface cleanliness should be followed.

The visual surface cleanliness must conform, at minimum, to the Vis WJ-4 condition directly after water jetting/blasting.

Non-visual surface cleanliness must conform, at minimum, to the SC-2 condition with a provision for up to 7 ppm (10 µg/cm2
) chloride contamination. Soluble
ferrous ion levels should be below 7 ppm (10 µg/cm2
) and sulfate contamination
less than 12 ppm (17 µg/cm2
).

Flash rusting may occur after water jetting/blasting. As per the SSPC-VIS 4(I)/NACE No. 7 standard, the maximum flash rusting condition tolerable is L (light flash rusting that is evenly distributed or in patches, very tightly adherent and not heavy enough to mark objects rubbed/brushed against it).

Hence, the overall visual/non-visual surface condition after water jetting/blasting is WJ-4 L/SC-2 (with a provision for up to 7 ppm (10 µg/cm2 ) chloride
contamination).

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
8 Coating
Application Mixing
Application
Thinner
Cleaner
Work
Stoppages &
Restarts
Si-COAT 530 is supplied as a one-part coating (no component mixing necessary). However, since the coating is a thixotropic gel it is necessary to mix by an air powered agitator (300 – 400 rpm) for a minimum of 5 minutes, to insure an even
consistency of coating is obtained without air in suspension.

All surfaces should be clean and dry prior to application. The coating should be applied in a manner that prevents runs, sags, drips, spills, etc. and that completely covers surfaces without holidays (gaps). The temperature of the surface to be coated should be between 41 and 140°F (5 and 60°C) and
environmental temperature should be at least 5°F (3°C) above the dew point prior to and during application.

When working with Si-COAT 530 in high humidity and/or high temperature environments, it is recommended to use a pail lid adapter fitted with an agitator. This will prevent the product from skinning over and curing in the pail during application.

Ideally apply using Brush or Roller; may also be applied using an airless sprayer, but it is not recommended, as it will leave a milky appearance. Apply at a rate that will achieve a minimum of 8 mils (203 µ) DFT. Roller and brush application will require multiple coats to achieve desired DFT.

Not recommended. Thinners may inhibit the curing
mechanism of the coating.

Naphtha, Odorless Mineral Spirits or MEK.

Work stoppages are not recommended with only partial
utilization of a container of Si-COAT 530.

If work must stop after only a portion of a container of SiCOAT 530 is used, seal to minimize air and moisture contact with the coating by covering the surface of the coating with a sheet of polyethylene film, then reseal the container to be airtight.

Upon reopening the container to restart work, peel back the polyethylene film. If curing of the coating has occurred, use a utility knife to cut the cured coating away from the wall of the container. Peel away the cured layer of coating to expose fresh coating underneath.

Clean-up Do not allow material to remain in hoses, gun or spray equipment. Thoroughly flush all equipment with cleaner as selected from above.

Fully cured coating is environmentally benign (will not harm) and is suitable for landfill disposal. However, always check local environmental regulations before disposal.

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
9 Product
Characteristics
Surface finish is dependent on application method. Avoid using a combination of application methods whenever possible. Superior aesthetic appearance will be obtained with airless spray application.

If over coating your Si-COAT 530 after prolonged weathering or ageing, ensure the coating is fully cleaned to remove all surface contamination such as dust, grease, oil, salt crystals, traffic fumes, etc. before application of a further coat of Si-COAT 530.

Do not apply to substrate temperatures below 41°F (5°C).

When applying Si-COAT 530 in confined spaces ensure adequate ventilation and/or respiratory equipment is available. Consult the Si-COAT 530 MSDS for further details.

Si-COAT 530 has excellent tolerance to airborne chemical exposure. When severe chemical or solvent splashing/pooling is likely to occur please contact CSL Silicones Inc. for information regarding suitability.
10 Systems
Compatibility
Primer is not needed prior to applying Si-COAT 530 to most common substrates.

A field adhesion test is recommended prior to application, especially on painted surfaces.
11 Safety
Precautions
This product is intended for use only by professional applicators in industrial situations in accordance with the advice given in this document, the Material Safety Data Sheet (MSDS) and the container(s), and should not be used without reference to the MSDS that CSL Silicones Inc. has provided to its customers.

All work involving the application and use of this product should be performed in compliance with all relevant national, Health, Safety & Env. standards & regulations.

In the event welding or flame cutting is performed on metal coated with this product, dust and fumes may be emitted that will require the use of appropriate personal protective equipment and adequate local exhaust ventilation.

If in doubt regarding the suitability of use of this product, consult CSL Silicones Inc. for further advice.
12 Packaging Package Size
Product Volume Product Weight Shipping Weight
1 US gal unit 1.0 US gal (3.8 liter) 8.0 lb (3.6 kg) 9.2 lb (4.17 kg) 5 US gal unit 5.0 US gal (18.9 liter) 39.7 lb (18.0 kg) 43 lb (19.5 kg) 13 Storage Shelf Life Minimum 12 months from date of
manufacture at 90°F (32°C). Subject to reinspection thereafter. Store in dry, shaded conditions away from sources of heat or
ignition.

Disclaimer
The information given in this sheet is not intended to be exhaustive and any person using the product for any purpose other than that specifically recommended in this document without first obtaining written confirmation from CSL Silicones Inc. as to the suitability of the product for the intended purpose does so at his/her own risk. The information contained herein has been prepared in good faith to comply with applicable federal and provincial (state) law(s). However, no warranty of any kind is given or implied and CSL Silicones Inc. will not be responsible for any damages, losses or injuries that may result from the use of any information contained herein. While CSL endeavors to ensure all advice it gives about the product (whether in this document or otherwise) is correct, we have no control over either the quality or condition of the substrate or the many factors affecting the use and application of the product. Therefore, unless CSL specifically agrees in writing to do so, it does not accept any liability whatsoever or howsoever arising for the performance of the product, or for any consequential loss or damage arising out of the use of the product. Any warranty, if given, or specific Terms & Conditions of Sale are contained in CSL’s Terms & Conditions of Sale, a copy of which can be obtained upon request. The information contained herein is liable to modification from time-to-time in light of experience and CSL’s policy of continuous product improvement.

It is the user’s responsibility to check that this document is current prior to using the product. This document must not be used for specification writing.

CSL Silicones Inc.
144 Woodlawn Road West
Guelph, ON N1H 1B5
CANADA
Toll Free: 800 265 2753
Tel: 519 836 9044
Fax: 519 836 9069
www.cslsilicones.com

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Packet Pg. 226 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 : Authority to Advertise Citywide Sidewalk ADDITIVE, ALTERNATE BID "A" LOCATION: LA PAZ ROAD, NORTHERLY SIDE 4.10.a Packet Pg. 227
Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 :

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Packet Pg. 228 Attachment: Citywide Sidewalk Repairs and Concrete Construction Project CIP 106 Bid Set (3137 :
1758121.3

COST SHARING AND COOPERATIVE AGREEMENT FOR

LA PAZ ROAD SIDEWALK WIDENING PROJECT
THIS COST SHARING AND COOPERATIVE AGREEMENT ("Agreement") is made and entered into this day of , 2023, by and between the City of Laguna Hills, a municipal corporation organized and existing under the laws of the State of California, (“City”) and the Saddleback Valley Unified School District, a local educational agency organized and existing under the laws of the State of California (“District”).

WHEREAS, City and District have determined that it is in their mutual interest, and the public’s interest, to remove the existing four-foot wide sidewalk and construct a new fivefoot wide sidewalk and retaining wall adjacent to Valencia Elementary School, on the eastern edge of La Paz Road between Paseo De Valencia and Grissom Road in Laguna Hills, CA, as depicted in Exhibit “A” attached hereto and incorporated herein by this reference (“Project”); and WHEREAS, District agrees that City should act as lead agency for environmental clearance, design, engineering and administration of the construction contract for the Project; and WHEREAS, City and District desire to enter into this Agreement to define areas of responsibility for design, engineering and construction of the Project and the District’s payment of its share of the Project costs.

NOW THEREFORE, IT IS AGREED by the parties as follows:

A. City shall be designated as Lead Agency for environmental clearance, design, engineering, procurement and Project construction. City shall obtain all licenses, permits, and approvals as may be required by law for the performance of this Agreement.

B. City will design the Project and prepare construction documents, including, but not limited to, plans, specifications and procurement documents and shall obtain the District Engineer’s approval of the plans and specifications for the Project.

C. City is designated as Project Engineer, Contracting and Construction Agent, hereinafter referred to as “Engineer,” for the parties to do and perform all things necessary in order to construct Project in accordance with the approved plans and specifications and to execute and deliver all documents required in connection with the construction and completion of Project, including its Notice of Completion and final accounting report.

D. Within 60 days following execution of this Agreement by both Parties, District shall grant at no cost to City a permanent easement for public sidewalk purposes along the District’s frontage on La Paz Road, as identified in Exhibit “A.” The form of this easement shall be mutually agreed upon by the City Attorney and General Counsel for the District. City shall prepare the legal description and plat exhibits for the easement at no cost to District.

E. In addition to the permanent easement above, District hereby grants to City a temporary right of entry permitting City, its employees, contractors, and agents to access the District property identified in Exhibit “A” to construct the Project, including without limitation the

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Packet Pg. 229 Attachment: Cost Share and Cooperative Agreement for La Paz Road Sidewalk (3137 : Authority to Advertise Citywide Sidewalk Repairs and Cooperative Agreement
La Paz Road Sidewalk Widening Project
1758121.3
proposed retaining wall to be located on District property. The temporary right of entry granted herein shall terminate upon recordation of the Notice of Completion for the Project.

F. City and District shall share in the cost of the Project by providing local funds as necessary to complete the Project. The current estimated cost for the Project is $300,000 (threehundred-thousand dollars). City and District shall each pay one-half (50%) of the total Project costs. Notwithstanding the forgoing, it is understood and agreed by the parties that the District’s total payment obligation shall not exceed $150,000 (one-hundred-fiftythousand dollars).

G. City shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the costs of the Project and shall make such materials available at all reasonable times until three (3) years from the date of final payment by the District and copies thereof shall be furnished to District upon request.

H. City shall require its contractor to name District, its elected officials, officers and employees as an additional insured and to indemnify District, its elected officials, officers and employees to the same extent that the contractor is required to indemnify City, its elected officials, officers and employees.

I. City shall obtain the written concurrence of the District's Engineer or their designee, for any contract change order (CCO) of Project which would affect the Project design or increase the estimated cost of the Project.

J. Prior to accepting the improvements under the contract for the Project, City shall obtain the District Engineer’s written approval of the construction as it affects the retaining wall erected on District property. Approval shall be withheld only for work not completed per the approved plans and specifications for Project. After providing such written approval, District shall assume ownership and sole responsibility for maintenance of the proposed retaining wall to be located on District property.

K. City shall furnish District with one set of “Record” construction drawings for the Project and a copy of the Notice of Completion.

L. District shall at all times during the progress of construction of Project have access to the work thereon for the purpose of inspection and, should the District Engineer deem any remedial measures to be necessary, the District Engineer shall notify City thereof for communication to the contractor.

M. After award of a construction contract by City, District shall, within thirty (30) days of being invoiced by City, deposit with City the District’s one-half (50%) share of Project costs, which amount shall not exceed $150,000 (one-hundred-fifty-thousand dollars).

N. 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 remaining term,

4.10.b
Packet Pg. 230 Attachment: Cost Share and Cooperative Agreement for La Paz Road Sidewalk (3137 : Authority to Advertise Citywide Sidewalk Repairs and Cooperative Agreement
La Paz Road Sidewalk Widening Project
1758121.3
provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

O. District and City each hereby agree to indemnify, defend, protect and hold harmless the other party, and its elected and appointed officials, officers, employees, representatives, volunteers, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, workers’ compensation benefits, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind or nature, arising from the activities of the indemnitor or its officers, agents, or employees on the Project or any breach of contract, negligent acts, omissions or breach of law, or willful misconduct of the indemnitor, or its officers, agents, or employees arising out of the performance of, or failure to perform, any provisions of this Agreement. Neither party assumes liability for the acts or omissions of persons other than each party’s respective officers, agents, or employees. In the event judgment is entered against both parties because of joint or concurrent negligence of both parties, or their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. The respective obligations of the parties pursuant to this Section shall survive expiration or earlier termination of this Agreement.

P. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to any party or any other person shall be in writing and delivered either in person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows:

To: LAGUNA HILLS To: DISTRICT
Attn: Jarad L. Hildenbrand Attn: _________________
City Manager ______________________
24035 El Toro Road 25631 Peter A. Hartman Way
Laguna Hills, CA 92653 Mission Viejo, CA 92691
Q. This Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.

R. Neither this Agreement, nor any of the parties rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either party without the prior written consent of the other party 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

4.10.b
Packet Pg. 231 Attachment: Cost Share and Cooperative Agreement for La Paz Road Sidewalk (3137 : Authority to Advertise Citywide Sidewalk Repairs and Cooperative Agreement
La Paz Road Sidewalk Widening Project
1758121.3
shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.

S. The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

T. Should litigation arise out of this Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, including attorneys' fees.

U. The Recitals set forth above are hereby incorporated into this Agreement as if set forth in full.

V. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

4.10.b
Packet Pg. 232 Attachment: Cost Share and Cooperative Agreement for La Paz Road Sidewalk (3137 : Authority to Advertise Citywide Sidewalk Repairs and Cooperative Agreement
La Paz Road Sidewalk Widening Project
1758121.3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LAGUNA HILLS SADDLEBACK VALLEY

UNIFIED SCHOOL DISTRICT
By: By:

Jarad L. Hildenbrand
City Manager
___________________________
___________________________
ATTEST: ATTEST:

By: By:

Jennifer Lee
City Clerk
______________________________
______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Gregory E. Simonian
City Attorney
______________________________
______________________________

4.10.b
Packet Pg. 233 Attachment: Cost Share and Cooperative Agreement for La Paz Road Sidewalk (3137 : Authority to Advertise Citywide Sidewalk Repairs and City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 25, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: 2023 Fourth of July Celebration Pre-Event Report and Fireworks Agreement
RECOMMENDATION: That the City Council: 1) Receive and file the 2023 Fourth of July Celebration pre-event report; and 2) Approve the Fireworks Display Agreement between Fireworks and Stage FX America, LLC, and the City of Laguna Hills for 2023 and authorize the City Manager to execute the Agreement.

SUMMARY:

The City of Laguna Hills will host its annual 4
th of July celebration at the Laguna Hills
Sports Complex on Tuesday, July 4, 2023. The special event will be held from 4:00 pm to approximately 9:30 pm and includes a number of activities in addition to the fireworks show as outlined in this report. An event estimated budget is also provided in this staff report under the Fiscal Impact section. Staff recommends that the Council authorize the City Manager to execute the attached proposed Fireworks Display Agreement (“Agreement”) with Fireworks and Stage FX America, LLC (“FA”), for the 2023 fireworks display. The proposed show, Program A, will have approximately one thousand one hundred (1,100) shells, at a cost of $35,000. The show will be approximately 18 minutes in length.

BACKGROUND:

The City of Laguna Hills will host its annual 4
th of July celebration at the Laguna Hills
Sports Complex on Tuesday, July 4, 2023. The event will begin at 4 pm and the following is the tentative schedule of the event.

7.2.1 Packet Pg. 234
2023 Fourth of July Celebration Pre-Event Report and Fireworks Agreement April 25, 2023

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Laguna Hills City CouncilApril 25, 2023

Laguna Hills City Council
April 25, 2023