Laguna Hills City Council
May 28, 2024

4.11.b
Packet Pg. 138 Attachment: Master Agreement No. 12-5468S21 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements)

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or

4.11.b
Packet Pg. 139 Attachment: Master Agreement No. 12-5468S21 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements) jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

4.11.b
Packet Pg. 140 Attachment: Master Agreement No. 12-5468S21 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements) City of Laguna Hills
City of Laguna Hills
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________

4.11.b
Packet Pg. 141 Attachment: Master Agreement No. 12-5468S21 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements)

EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement

4.11.b
Packet Pg. 142 Attachment: Master Agreement No. 12-5468S21 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements) and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

4.11.b
Packet Pg. 143 Attachment: Master Agreement No. 12-5468S21 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements) 00000A549
FOR STATE FUNDED PROJECTS NO 12-5468S21
1223000092
May 07, 2024
12-ORA-0-LGNH
CRASL-5468(016)
5468
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 12-5468S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

La Paz Road from West City Limits to Alameda Avenue
Road Rehabilitation 0.0(MILES)
Estimated Cost State Funds Matching Funds

CITY OF LAGUNA HILLS
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$584,155.00 $384,155.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$200,000.00
STATE $200,000.00
Program Supplement 12--546-A549- SERIAL 1Page of 3
5/7/2024

4.11.c
Packet Pg. 144 Attachment: Program Supplemental Agreement No. 00000A549 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements)

SPECIAL COVENANTS OR REMARKS
12-ORA-0-LGNH
CRASL-5468(016)

1. A. This PROJECT is programmed to receive STATE Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Program funds. The ADMINISTRATING AGENCY agrees to administer the PROJECT in accordance with the California Transportation Commission (CTC) approved/adopted CRRSAA Guidelines and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W), Construction (Con), and Other Phase (Debt Service Payments, Personnel).

Phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the CRRSAA Program guidelines, which may be accessed at the Local Assistance webpage.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W, CON, and Other Phase costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

Program Supplement 12--546-A549- SERIAL Page 2 of 3

4.11.c
Packet Pg. 145 Attachment: Program Supplemental Agreement No. 00000A549 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements)

SPECIAL COVENANTS OR REMARKS
12-ORA-0-LGNH
CRASL-5468(016)
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

L. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.

Per Government Code Section 16304, all project funds not liquidated within these periods will revert. The State and Federal funds encumbered for this project from the CRRSAA program do not qualify for a Cooperative Work Agreement. The reversion date of the CRRSAA program funds shall not extend past the reversion date shown on the State approved project finance letter.

Program Supplement 12--546-A549- SERIAL Page 3 of 3

4.11.c
Packet Pg. 146 Attachment: Program Supplemental Agreement No. 00000A549 (3525 : Authorizing the City Manager to Execute Caltrans Master Agreements) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

May 28, 2024
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Resolution Adopting a List of Street Maintenance Projects for Fiscal Year 2024/2025 Funded By SB 1: the Road Repair and Accountability Act of 2017
RECOMMENDATION: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Adopting a List of Street Maintenance Projects for Fiscal Year 2024/2025 Funded By SB 1: The Road Repair and Accountability Act of 2017."
SUMMARY:

In April 2017, the Road Repair and Accountability Act was enacted into law establishing a new funding source intended to address deferred maintenance and infrastructure investment on the state highway system and the local street and road system. In order to utilize this funding, the California Transportation Commission (CTC) established guidelines requiring an annual submittal of project lists and other reporting requirements. Adoption of the attached Resolution will meet the reporting requirements established by the CTC and maintain the City's eligibility to receive the Road Repair and Accountability Act funding.

BACKGROUND:

The Road Repair and Accountability Act of 2017 (SB 1) was passed by the California Legislature on April 6, 2017, and signed into law by Governor Brown on April 28, 2017. The Act raises over $5 billion per year for transportation infrastructure improvements and established the Road Maintenance and

4.12 Packet Pg. 147
Road Projects for FY 2024/2025 RMRA Funding
May 28, 2024

Rehabilitation Account (RMRA). The funding distribution formula is population based from the following taxes enacted by the Road Repair and Accountability Act of 2017: 12 cent per gallon gasoline excise tax, 20 cent per gallon diesel fuel excise tax, miscellaneous state transportation improvement fees, and transportation loan repayments. The funding began in November 2017 and the City has received annual funding which has been applied to each of the planned biennial street maintenance projects (CIP No. 101 series projects).

In accordance with guidelines issued by the CTC for an agency to maintain eligibility to receive RMRA funding, the City must comply with all requirements, including submitting annual project reporting to the CTC. This reporting includes developing and submitting a list of projects to the CTC by June 30th, as well as reporting project expenditures to the CTC following the end of each fiscal year.

In addition, in order to receive RMRA funds, cities and counties must meet and report upon a minimum "maintenance of effort" (MOE) expenditure requirement to ensure that these new road funds do not supplant existing levels of general revenue spending on streets and roads. The MOE report is submitted by staff on an annual basis and the City continues to meet this requirement.

In keeping with the City’s approach to maximize the value of this funding, two fiscal years’ worth of funding are traditionally combined into one street maintenance project for fiscal benefit and administrative efficiency. Hence, the funding for the 2022/2023 fiscal year was reserved and combined with the 2023/2024 fiscal year funding for one, planned larger project in FY 2023/2024, the Paseo de Valencia Pavement Rehabilitation Project (CIP No. 104). Project plans and specifications are almost complete for this project. City staff anticipates this project will be advertised for bidding in July 2024. Future RMRA funding has been allocated to the biennial Citywide Local Street Rehabilitation Projects (CIP Nos. 101-N and 101-O) in FYs 2025/2026 and 2027/2028. However, for maximum flexibility in using RMRA funds, the Oso Parkway Pavement Rehabilitation Project (CIP No. 181) is also being included on the list of eligible expenditures for RMRA funding. The eligible projects are further described on Exhibit A to the attached Resolution.

4.12 Packet Pg. 148
Road Projects for FY 2024/2025 RMRA Funding
May 28, 2024

FISCAL IMPACT:

The ability of the City to gain access to RMRA funding requires the adoption of an annual Resolution which conforms to the guidelines promulgated by the CTC. The FY2022/2023 RMRA funding was held and is being combined with the FY2023/2024 RMRA funding for a single project. Similarly, the FY2024/2025 RMRA funding will be held and will be combined with the FY2025/2026 RMRA funding for a single project.

The RMRA funding, for the two years of allocation, will provide the City with approximately $1.5 million for street maintenance and improvements. These funds, when combined with Highway User Tax Account funds, will provide street funding in the projected amount of $3.3 million.

ATTACHMENTS:
• FY24-25 SB 1 Project List Resolution

4.12 Packet Pg. 149
RESOLUTION NO. 2024-05-28-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, ADOPTING A LIST OF

STREET MAINTENANCE PROJECTS FOR FISCAL YEAR
2024/2025 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Laguna Hills (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $813,013 in RMRA funding in fiscal year 2024/2025 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, and safety improvements that would not have otherwise been possible without SB1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities; and
WHEREAS, the City utilized its Pavement Management Plan (PMP) to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the approximate 102 centerline mile segments of streets; and

4.12.a
Packet Pg. 150 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) Resolution No. 2024-05-28-X

WHEREAS, the City’s 2024 Pavement Management Plan determined the City’s streets and roads are in a good condition and this revenue will help maintain the overall quality of our road system and over the next decade and maintain the City streets and roads in a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and WHEREAS, for fiscal benefit and administrative efficiency, the City schedules its street maintenance capital improvement projects on a biennial basis.

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

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The fiscal year 2024/2025 Capital Improvement Program projects for street maintenance shall be combined with the fiscal year 2025/2026 Capital Improvement Program projects, providing two-years of funding for fiscal benefit and administrative efficiency.

SECTION 3. The list of the streets planned to be funded with 2024/2025 and 2025/2026 Road Maintenance and Rehabilitation Account revenues include all streets shown on Exhibit A, attached hereto and incorporated herein.

PASSED, APPROVED, AND ADOPTED this 28th day of May, 2024. ____________________________________

DAVE WHEELER, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

4.12.a
Packet Pg. 151 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) Resolution No. 2024-05-28-X

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. 2024-05-28-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 28th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

4.12.a
Packet Pg. 152 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) Resolution No. 2024-05-28-X

EXHIBIT A
SB1 PROJECT LIST
FOR
FY 2024/2025 & FY 2025/2026
The following previously proposed and adopted projects may utilize 2024/2025 and 2025/2026 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

CITYWIDE LOCAL STREET REHABILTATION PROJECT
(Inclusive of asphalt concrete repairs, resurfacing with slurry seal, ADA access ramp construction, sidewalk repairs, traffic control and restriping work) ANTICIPATED CONSTRUCTION START: FALL 2025
ANTICIPATED CONSTRUCTION COMPLETION: SPRING 2026
ESTIMATED USEFUL LIFE OF IMPROVEMENTS – 10 YEARS

STREET NAME FROM TO ZONE
Abilene Cr Hidden Trail Rd West End A
Anadale Dr Vista Viejo North End A
Barkstone Ln Vista Viejo North End A
Beargrass Cr Lost Colt Dr South End A
Black Horse Ln Lost Colt Dr East End A
Boothill Ct Dillon Rd West End A
Bradford Ln Nottingham Ct North End A
Bridlewood Dr Oso Pkwy Vista Viejo A
Carlson Ct Laurel Crest Dr East End A
Cedarbluff Ter WoodBluff Rd East End A
Chelsea Ln Nottingham Ct South End A
Coach Spring Ln Hidden Trail Rd West End A
Deputy Cr Dillon Rd South End A
Derbyhill Dr Hidden Trail Rd West End A
Devonshire Rd Falling Leaf Dr Nottingham Ct A
Dillon Rd Lost Trail Dr East End A
Elderbrook Ln Woodbluff Rd End A
Elm Bank Dr Devonshire Rd West End A
Empty Saddle Dr Nellie Gail Rd Spotted Pony Ln A
Eucalyptus Dr Woodbluff Rd East End A
Faircourt Ln Woodbluff Rd East End A
Falling Leaf Dr Devonshire Rd Woodbluff Rd A
Fargo Rd Rockridge Rd South End A
Flelcher Pl Laurel Crest Dr East End A
Gold Dust Ln Hidden Trail Rd South End A
Golden Rod Cr Magnoilia Ct East End A
Greenfield Dr Hidden Trail Rd City Limit A
Greenhills Ln Woodbluff Rd Raintree Rd A

4.12.a
Packet Pg. 153 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) Resolution No. 2024
-05-28-X

Harrington Ct Nottingham Ct North EndA
Hidden Trail Rd Nellie Gail Rd Greenfield DrA
Highwood Cr Rocking Horse Ln North EndA
Ironwood Dr Green Hills Ln Middleridge LnA
Laurel Crest Dr Bridlewood Dr Patterson A
Lone Acres Ln Lost Trail Dr East EndA
Lone Pine Cr Hidden Trail Rd East EndA
Lost Colt Dr Maverick Cr Nellie Gail RdA
Lost Trail Dr Rapid Falls Rd Dillon RdA
Magnolia Ct Falling Leaf Dr South EndA
Maple View Dr Laurel Crest Dr West EndA
Maverick Cr Westridge Ln South EndA
Meadow Crest Dr Bridlewood Dr North EndA
Middleridge Ln Ironwood Dr Woodbluff RdA
Moore Oaks Rd Devonshire Rd North EndA
Nellie Gail Rd Oso Pkwy Moulton PkwyA
Nottingham Ct Oso Pkwy Bradford LnA
Oak Hollow Rd Elm Bank Dr North EndA
Patterson Laurel Crest Dr Moore Oaks RdA
Pine Strap Cr Hidden Trail Rd West EndA
Pinto Ct Lost Trail Dr East EndA
Poinsettia Ct Wood Brook Rd North EndA
Raintree Rd Greenhills Ln East EndA
Rapid Falls Rd Hidden Trail Rd Cabot RdA
Red Barn Cr Nellie Gail Rd North EndA
Red Lodge Pl Nellie Gail Rd West EndA
Rocking Horse Ln Nellie Gail Rd North EndA
Rockridge Rd Hidden Trail Rd East EndA
Rodeo Cr Hidden Trail Rd East EndA
Rolling Hills RdWillow Tree Ln West EndA
Sandridge Cr Westridge Ln East EndA
Shenandoah Dr Hidden Trail Rd South EndA
Spotted Pony Ln West End East EndA
Stagewood Cl Stageline Dr North EndA
Stageline Dr Lost Colt Dr Hidden Trail RdA
Stratford Pl Nottingham Pl North EndA
Sundowner Dr Rapid Falls Rd North EndA
Vista Viejo City Limit Devonshire RdA
Wagon Wheel Dr Hidden Trail Rd East EndA
Westridge Ln Lost Colt Dr Maverick CrA
White Oaks Dr Laurel Crest Dr South EndA
Willow Tree l n Falling Leaf Dr Rolling Hills RdA
Wood Bluff Rd Falling Leaf Dr Vista ViejoA
Wood Brook Rd Laurel Crest Dr West EndA

STREET NAME FROM TO ZONE
Barents St Grissom Rd Hillary LnD

4.12.a
Packet Pg. 154 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) Resolution No. 2024
-05-28-X

Barents St Hillary Ln Wilkes PlD
Barents St Wilkes Pl East EndD
Bautista Dr Padua Dr South EndD
Bentley Ln Alicia Pkwy East EndD
Boone Pl Cadillac Dr South EndD
Cadillac Dr Grissom Rd Hillary LnD
Cajon Dr Wells Fargo Dr Costeau DrD
Califia Dr Mackenzie St La Suen RdD
Champlain Rd Earhart Rd Vespucci RdD
Champlain Rd Pike Rd Charlemagne RdD
Champlain Rd Grissom Rd La Paz RdD
Charlemagne Rd Champlain Rd De Salle StD
Costeau St Alicia Pkwy Cajon DrD
De Salle St Mackenzie St Grissom RdD
Earhart Rd Barents St Las Bolsas StD
Earhart Rd Ericson Wy De Salle StD
Earhart Rd De Salle St Champlain RdD
El Dorado Dr Stage Coach Dr Presidio DrD
Ericson Wy Costeau Dr Paseo De ValenciaD
Evergreen Rd Oak Leaf Rd Fir LnD
Express Dr El Dorado Dr West EndD
Fir Ln Evergreen Rd Tree Top RdD
Grissom Rd Barents St East EndD
Grissom Rd Hillary Ln West EndD
Grissom Rd Wilkes Pl Las Bolsas StD
Grissom Rd Ericson Wy Pike RdD
Grissom Rd Pike Rd La Paz RdD
Grissom Rd Mackenzie St West EndD
Hartog St Velasquez Rd Las Bolsas StD
Hillary Ln Barents St Paseo De ValenciaD
Knotty Pine Rd McIntyre St Mackenzie StD
La Suen Rd Califia Dr Pike RdD
Las Bolsas St Tasman Rd Grissom RdD
Mackenzie St La Paz Rd Paseo De ValenciaD
Mackenzie St Pike Rd Costeau DrD
Madeira Dr Padua Dr South EndD
Mawson Dr Las Bolsas St Wilkes PlD
McIntyre St La Paz Rd Evergreen RdD
McIntyre St Pike Rd La Paz RdD
Modoc Dr Padua Dr South EndD
Northrup Dr Velasquez Rd Las Bolsas StD
Oak Leaf Rd Spruce Ln Evergreen RdD
Orellano Way Pike Rd North EndD
Overland Dr Cajon Dr West EndD
Padua Dr La Suen Rd Mackenzie StD

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Packet Pg. 155 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) Resolution No. 2024-05-28-X

Paseo de Alicia Alicia Pkwy East End D
Pike Rd La Suen Rd Grissom Rd D
Pine Nut Rd Tree Top Rd Paseo De Valencia D
Pinewood Ln Oak Leaf Rd West End D
Presidio Dr El Dorado Dr Califia Dr D
Rickenbacker Rd Pike Rd La Paz Rd D
Stage Coach Dr Mackenzie St El Dorado Dr D
Sutter Dr El Dorado Dr West End D
Sycamore Ln McIntyre St West End D
Tasman Rd Ericson Wy Velasquez Rd D
Tree Top Rd Fir Ln East End D
Valerie St Bentley Ln Costeau Dr D
Velasquez Rd Costeau St Tasman Rd D
Velasquez Rd Tasman Rd Northrup Dr D
Velasquez Rd Northrup Dr Mawson Dr D
Velasquez Rd Grissom Rd Paseo de Valencia D
Vespucci Rd Champlain Rd De Salle St D
Vespucci Rd Las Bolsas St Velasquez Rd D
Wells Fargo Dr Mackenzie St Cajon Dr D
White Alder Ln McIntyre St Oak Leaf Rd D
Wilkes Pl Alicia Pkwy Grissom Rd D

OSO PARKWAY PAVEMENT REHABILTATION PROJECT
(Inclusive of asphalt concrete repairs, resurfacing with asphalt pavement or slurry seal, ADA access ramp construction, sidewalk repairs, traffic control and restriping work) ANTICIPATED CONSTRUCTION START: FALL 2025
ANTICIPATED CONSTRUCTION COMPLETION: SPRING 2026
ESTIMATED USEFUL LIFE OF IMPROVEMENTS – 10 YEARS

STREET NAME FROM TO ZONE
Oso Parkway West City Limits East City Limits B

PASEO DE VALENCIA PAVEMENT REHABILTATION PROJECT
(Inclusive of asphalt concrete repairs, resurfacing with asphalt pavement or slurry seal, ADA access ramp construction, sidewalk repairs, traffic control and restriping work) ANTICIPATED CONSTRUCTION START: SUMMER 2024
ANTICIPATED CONSTRUCTION COMPLETION: SPRING 2025
ESTIMATED USEFUL LIFE OF IMPROVEMENTS – 10 YEARS

STREET NAME FROM TO ZONE
Paseo de Valencia Alicia Parkway Avenida de la Carlota D

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Packet Pg. 156 Attachment: FY24-25 SB 1 Project List Resolution (3540 : Road Projects for FY 2024/2025 RMRA Funding) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 28, 2024
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: Approval of Fiscal Year 2024/25 Law Enforcement Services Agreement with the County of Orange
RECOMMENDATION: That the City Council approve the fiscal year 2024/25 Law Enforcement Services Agreement between the County of Orange and the City of Laguna Hills and authorize the Mayor to execute the Agreement.

SUMMARY:

The proposed fiscal year 2024/25 Law Enforcement Services Agreement with the County of Orange maintains existing services levels and provides the City with a police services complement of 28.33 full-time equivalent employees, including shared staffing with the cities of Laguna Woods and Aliso Viejo. The proposed agreement also includes the purchase of a new enforcement motorcycle. The total cost of the Agreement is $11,383,757, representing an increase of $652,263 or approximately 6.08% over the final fiscal year 2023/24 contract total. Staff recommends the City Council approve the Agreement and authorize the Mayor to execute the Agreement.

BACKGROUND:

The City of Laguna Hills requires the services of personnel equipped to provide public safety and general law enforcement within the City including patrol services, traffic and parking enforcement and criminal investigations. The Orange County Sheriff-Coroner Department (OCSD) has provided Law Enforcement Services to the City since incorporation. The agreement before you tonight maintains current existing service levels and provides the City with a police services complement of 28.33 full-time

4.13 Packet Pg. 157
Law Enforcement Services Agreement for FY2024/25
May 28, 2024

equivalent employees, including shared staffing with the cities of Laguna Woods and Aliso Viejo.

The Police Services 2015 BMW RT enforcement motorcycle is 10-years old and overdue for standard service-life replacement. Under normal conditions, police motorcycles have an anticipated service-life of approximately four to five years. However, service-life expectancy can be dramatically different based upon the level of use and the rugged conditions to which a police motorcycle can be exposed. In order to maintain the appropriate standard for the safe operation of these high-performance vehicles and associated equipment, OCSD has recommended that a new police motorcycle be purchased in the amount of $29,754.

The proposed agreement includes the below listed "Staffing Levels" positions with additional information and costs outlined on the fiscal year 2024/25 Law Enforcement Services Worksheet, included as Attachment A. The proposed agreement for law enforcement services for fiscal year 2024/25 is estimated at $11,383,757, with an increase of $652,263 or 6.08%, from the previous fiscal year.

The proposed agreement for law enforcement services for fiscal year 2024/25 includes the Regional / Shared positions in the Traffic Bureau, Auto Theft Detail, Subpoena Specialist and Court Liaisons, as well as the direct purchase positions noted on the "Staffing Levels" table below.

Staffing Levels
#
Existing Positions
(Proposed Agreement)
1 Captain (Chief of Police Services)
1 Administrative Sergeant

1.33 Patrol Sergeant
2 Investigator
16 Deputies
2 Deputy – Motor

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Law Enforcement Services Agreement for FY2024/25
May 28, 2024

1 Deputy – School Resource Officer
3 Community Services Officer
1 Sr. Emergency Management
Program Coordinator

28.33 Total Staff
FISCAL IMPACT:

The total fiscal year 2024/25 cost of $11,383,757 for the proposed law enforcement services agreement with the County of Orange is included in the adopted fiscal year 2024/25 operating budget. It is noted that the total cost of the Agreement represents approximately 41.5% of the estimated General Fund revenues for fiscal year 2024/25.

ATTACHMENTS:
• Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25
• Fiscal Year 2024/25 Final Cost Detail

4.13 Packet Pg. 159

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AGREEMENT

BETWEEN THE

CITY OF LAGUNA HILLS

AND THE

COUNTY OF ORANGE
THIS AGREEMENT is entered into this First day of June 2024, which date is enumerated for purposes of reference only, by and between the CITY OF LAGUNA HILLS, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.

WITNESSETH:

WHEREAS, CITY wishes to contract with COUNTY for law enforcement services; and
WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sections 51301 and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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Packet Pg. 160 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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TABLE OF CONTENTS

SECTION PAGE
A. TERM.……………………………………………………………………………3
B. OPTIONAL TERMINATION OR EXTENSION .......................................... 3 C. REGULAR SERVICES BY COUNTY........................................................ 3 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY. .............. 6 E. BODY WORN CAMERA AND IN CAR VIDEO . ....................................... 9 F. LICENSING SERVICES BY CITY. ......................................................... 10 G. PAYMENT. ............................................................................................. 10 H. NOTICES. ............................................................................................... 14 I. STATUS OF COUNTY…. ....................................................................... 14 J. STATE AUDIT. ....................................................................................... 15 K. ALTERATION OF TERMS…. ................................................................. 15 L. INDEMNIFICATION. ............................................................................... 15 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM. ............................ 17 N. MOBILE DATA COMPUTERS…. ........................................................... 19 O. E-CITATION UNITS…. ........................................................................... 21 P. EQUIPMENT…. ...................................................................................... 21 SIGNATURE PAGE……….. .......................................................................... 23 Attachment A: Regular Services by County
Attachment B: City Ordinances
Attachment C: Payment
Attachment D: County Billing Policy
Attachment E: Forfeited and Seized Asset Policy
Attachment F: TVAP Resolution
Attachment G: TVAP Form
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Packet Pg. 161 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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A. TERM:

The term of this Agreement shall commence July 1, 2024 and terminate June 30, 2025 unless earlier terminated by either party or extended in the manner set forth herein.

B. OPTIONAL TERMINATION OR EXTENSION:

1. COUNTY or CITY may terminate this Agreement, without cause, upon one-hundred and eighty (180) days written notice to the other party.

2. If COUNTY and CITY have not entered into a written agreement by June 30, 2025 for COUNTY to provide to CITY, during all or part of the period between July 1, 2025 and June 30, 2026, law enforcement services similar to those specified herein, then SHERIFF, on behalf of COUNTY, and CITY’s Manager, on behalf of CITY, are authorized to execute a written amendment to this Agreement that provides as follows and does not materially alter other terms of the Agreement: SHERIFF shall continue to provide to CITY all or a designated part of the law enforcement services specified herein, for a specified time period between July 1, 2025 and August 31, 2025 and CITY shall pay COUNTY the full costs of providing such services. Such full costs may be greater than those listed herein for the period July 1, 2024 through June 30, 2025. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk.

C. REGULAR SERVICES BY COUNTY:

1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, hereinafter referred to as “SHERIFF”, shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY other than licensing ordinances.
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Packet Pg. 162 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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C. REGULAR SERVICES BY COUNTY: (Continued)

2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to CITY’s Council.

3. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2024 through June 30, 2025, is set forth in Attachment A.

4. For any service listed in Attachment A of this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the option to terminate such service in the event the other city or cities that contract for the balance of the time of the employee providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to pay 100% of the cost of the employee providing such service.

The Maximum Obligation of CITY set forth in Subsection G-2 will be adjusted accordingly.

5. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. COUNTY shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection G-3 of this Agreement.

6. During emergencies, such as mutual aid situations, SHERIFF will attempt to leave in CITY the Captain in charge of CITY Police Services. If SHERIFF determines that the Captain is needed elsewhere, SHERIFF will notify CITY’s Manager within four (4) hours. SHERIFF will return Captain to CITY

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Packet Pg. 163 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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C. REGULAR SERVICES BY COUNTY: (Continued)
as soon as possible once the emergency situation is under control.

7. With respect to the licensing ordinances of CITY listed in Attachment B, SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Said investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. COUNTY shall not provide any administrative or investigatory services related to the licensing ordinances listed in Attachment B, except the investigations relating to initial applications for which this subsection provides.

8. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate.

Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2, in accordance with the current year’s COUNTY law enforcement cost study. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk. Except for costs related to Sections G-4a and G-4b, changes to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2.

Except for changes under Sections G-4a and G-4b, prior approval by

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Packet Pg. 164 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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C. REGULAR SERVICES BY COUNTY: (Continued)
COUNTY’s Board of Supervisors and CITY’s Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2 of this Agreement.

D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:

1. Enhanced services for events on CITY property. At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determine personnel and equipment needed for such enhanced services. To the extent the services provided at such events are at a level greater than that specified in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year’s COUNTY law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

SHERIFF shall bill CITY immediately after each such event.

2. Supplemental services for occasional events operated by private individuals and entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-2, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular

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Packet Pg. 165 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year’s COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.

3. Supplemental services for events operated by public entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant

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Packet Pg. 166 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) to this Agreement. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.

4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of the Sheriff at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered.

5. In accordance with Government Code Section 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment C and in the Maximum Obligation of CITY set forth in Subsection G-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment C and in the Maximum Obligation set forth in Subsection G-2 has been established without written notification to the CITY.

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Packet Pg. 167 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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E. BODY WORN CAMERA AND IN CAR VIDEO:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, body worn cameras (hereinafter called “BWC”) that will be worn by SHERIFF’S personnel and In Car Video (hereinafter called “ICV”) that will be mounted in vehicles designated by SHERIFF for use within CITY service area.

2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs.

4. If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF’s personnel or vehicles designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and of additional BWC and the full cost of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment C

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Packet Pg. 168 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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E. BODY WORN CAMERA AND IN CAR VIDEO: Continued)
and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

5. County will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing.

F. LICENSING SERVICES BY CITY:

Upon receipt from COUNTY of investigations of applications for licenses referred to in Subsection C-7 of this Agreement, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and the enforcement of CITY ordinances pertaining to said licenses.

G. PAYMENT:

1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and COUNTY General overhead.

2. Unless the level of service set forth in Attachment A is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for services, other than Licensing Services, set forth in Attachment A of this Agreement, to be provided by the COUNTY for the period July 1, 2024 through June 30, 2025, shall be $11,383,757 as set forth in Attachment C.

The overtime costs included in the Agreement are only an estimate.

SHERIFF shall notify CITY of actual overtime worked during each fiscal year.

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Packet Pg. 169 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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G. PAYMENT: (Continued)
If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY’s Maximum Obligation.

3. COUNTY shall invoice CITY monthly. During the period July 1, 2024 through June 30, 2025, said invoices will require payment by CITY of one-twelfth (1/12) of the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement, as said Maximum Obligation may have been increased or decreased pursuant to mutual agreement of the parties. In addition, if a determination is made that increases described in Subsection G-4 must be paid, COUNTY thereafter shall include the pro-rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2024 and June 30, 2025.
4a. At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the Fiscal Year 2024-25 cost set forth in Attachment C nor in the Fiscal Year 2024-25 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 2024, and CITY’s Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between July 1, 2024 and June 30, 2025 remaining after COUNTY notifies CITY that

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Packet Pg. 170 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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G. PAYMENT: (Continued)
increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2024 through June 30, 2025, and CITY’s Maximum Obligation hereunder shall be deemed to have decreased accordingly.

COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2024 and June 30, 2025 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased.
4b. If CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2024 through June 30, 2025 an amount specified by CITY that is equivalent to or higher or lower than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing, pursuant to Subsection C-8. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY.
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Packet Pg. 171 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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G. PAYMENT: (Continued)

5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, Attachment D. Payments made electronically via a credit card or through a banking system that charges Merchant Fees, Service Fees, or any other Fees shall be the responsibility of the City. If the County is charged any of the before mentioned fees, the City shall be responsible for payment of these fees to the County.

6. COUNTY shall charge CITY late payment penalties in accordance with County Billing Policy.

7. As payment for the Licensing Services described in Subsection C-7 of this Agreement, COUNTY shall retain all fees paid by applicants for licenses pursuant to CITY ordinances listed in Attachment B. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-7; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment B at the time this Agreement was executed.

If CITY increases the fee schedule for the licensing ordinances set forth in Attachment B, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY.

8. Fees generated or collected by SHERIFF contract personnel for copying of documents related to the services provided in this Agreement will be at COUNTY-established rates and will be credited to CITY on an annual basis.

9. Narcotic asset forfeitures will be handled pursuant to Attachment E. //

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Packet Pg. 172 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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H. NOTICES:

1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:

CITY: ATTN: CITY MANAGER
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
//
COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER

SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703

2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.

I. STATUS OF COUNTY:

COUNTY is, and at all times shall be deemed to be, an independent contractor.

Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees.
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Packet Pg. 173 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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J. STATE AUDIT:

Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit then in progress, or to any claims or litigation, shall be retained beyond said threeyear period, until final resolution of said audit, claim or litigation.

K. ALTERATION OF TERMS:

This Agreement is comprised of this documents and Attachments A through G, which are attached hereto and incorporated herein by reference. This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, unless expressly provided herein, shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.

L. INDEMNIFICATION:

1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street, work, or property of CITY, or for any illegality or unconstitutionality of CITY’s municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work, or property

4.13.a
Packet Pg. 174 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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L. INDEMNIFICATION: (Continued)
of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street, work, or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with

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Packet Pg. 175 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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L. INDEMNIFICATION: (Continued)
counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.

M. TRAFFIC VIOLATOR APPREHENSION PROGRAM:

1. COUNTY has established a Traffic Violator Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted fees pursuant to Vehicle Code Section 22850.5, in the same amount as approved by COUNTY, as set forth in the resolution that is Attachment F [hereinafter referred to as a “TVAP resolution”], and has directed that the revenue from such fee be used for the Program. CITY’s participation in the Program may be terminated at any time by rescission or amendment of the TVAP resolution. In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CITY’s amended or new TVAP

4.13.a
Packet Pg. 176 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
resolution for Attachment F to the Agreement, as long as said amendment to this Agreement does not materially change any other provision of this Agreement. As COUNTY updates its fees for the Program periodically, COUNTY will provide written notice to CITY of the updated fees. CITY’S participation in the Program will terminate if CITY determines not to adopt the updated fees for the Program.

2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY.

3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
x Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
x One (1) Staff Specialist
(80 hours per two-week pay period)
x One (1) Office Specialist
(80 hours per two-week pay period)

4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain preapproval of the expenditure by using the form as shown in Attachment G.

The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY’s fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in

4.13.a
Packet Pg. 177 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
effect at the time of purchase.

In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase.

5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program services rendered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY.

N. MOBILE DATA COMPUTERS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits.
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4.13.a
Packet Pg. 178 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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N. MOBILE DATA COMPUTERS (Continued)

2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs.

4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or motorcycles designated for use in the CITY, or for CITY Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.
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4.13.a
Packet Pg. 179 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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N. MOBILE DATA COMPUTERS (Continued)

5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing.

O. E-CITATION UNITS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs.

4. If, following the initial acquisition of E-Citation units referenced above, CITY requires additional E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs

4.13.a
Packet Pg. 180 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

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O. E-CITATION UNITS: (Continued)
related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/ upgrade funds to be paid by CITY in accordance with the foregoing.

P. EQUIPMENT:

1. As part of the law enforcement services to be provided to CITY, COUNTY shall purchase motorcycles and radios that meet certain law enforcement standards as determined by the COUNTY (hereinafter “Equipment”).

2. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of Equipment, b) recurring costs, c) the costs of maintenance, and d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete, as deemed necessary by COUNTY.

The costs to be paid by CITY are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in SubsectionG-2 of this Agreement.

3. The Equipment purchased by the COUNTY for services to the CITY shall be the property of the County.

4. Radios and motorcycles previously purchased by the CITY for COUNTY law enforcement services to the CITY shall be the property of the CITY.

Notwithstanding Subsection L of this Agreement, COUNTY shall be responsible to CITY for any damage to CITY radios and motorcycles caused by COUNTY’s act or omission.
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IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California.

DATED:_________________________

CITY OF LAGUNA HILLS
ATTEST:______________________
City Clerk
BY:_____________________________
Mayor
APPROVED AS TO FORM:

BY:_____________________________
City Attorney
---------------------------------------------------------------------------------------------------------------- DATED:________________________

COUNTY OF ORANGE
BY:__________________________________
Chairman of the Board of Supervisors
County of Orange, California

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535
Attest:
____________________________
Robin Stieler
Clerk of the Board
County of Orange, California APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:__________________________
Deputy
DATED:______________________ 



4.13.a
Packet Pg. 182 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:

Title Detail Quantity Frequency
MANAGEMENT:

Captain 1.00
SUPERVISION:

Sergeant Patrol 1.00 80 hrs./ per two wk. pay period
Sergeant Patrol 0.33 26.40 hrs./per two wk. pay period
Sergeant Administrative 1.00 80 hrs./ per two wk. pay period INVESTIGATION SERVICES:

Investigator 2.00 each, 80 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*:

Deputy Sheriff II -Patrol Patrol 16.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Traffic 2.00 80 hrs./ per two wk. pay period ADDITIONAL SERVICES*:

Deputy Sheriff II School Resource Officer 1.00 80 hrs./ per two wk. pay period Community Services Officer Parking Control 3.00 each, 80 hrs./ per two wk. pay period Sr. Emerg. Mgt. Prog. Coord. Program Coordinator 1.00 80 hrs./ per two wk. pay period TOTAL 28.33
* Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation
TRAFFIC:

Sergeant Traffic 0.60 8.65%
Investigator Traffic 1.00 8.65%
Deputy Sheriff II Traffic 3.00 8.65%
Investigative Assistant Traffic 2.00 8.65%
Office Specialist Traffic 1.00 8.65%
AUTO THEFT:

Sergeant Auto Theft 0.30 4.13%
Investigator Auto Theft 2.00 4.13%
Investigative Assistant Auto Theft 1.00 4.13%
Office Specialist Auto Theft 1.00 4.13%
DET:

Sergeant DET 1.00 10.04%
Investigator DET 1.00 10.04%
COURTS:

Investigative Assistant Courts 2.00 11.02%
MOTORCYCLE (shared Supervision):

Sergeant Motorcyle Supervision 1.00 7.55%
TOTAL 16.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-3)

CITY OF LAGUNA HILLS

ORANGE COUNTY SHERIFF-CORONER
FY 2024-25 LAW ENFORCEMENT CONTRACT

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Packet Pg. 183 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

ATTACHMENT B
5/9/17
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CITY OF LAGUNA HILLS
ORDINANCE NO. 92-6

LICENSING

BINGO GAME

BINGO OFFICIAL

DANCE INSTRUCTOR (NUDE)

DANCE STUDIO (NUDE)
ESCORT

ESCORT BUREAU

FIGURE MODEL (NUDE)

FIGURE MODEL STUDIO (NUDE)

GUN DEALER

INTERLOCUTRIX (NUDE)

INTRODUCTORY SERVICE

JUNK COLLECTOR

JUNK DEALER
MASSAGE PARLOR (Includes FBI Fees)
MASSAGIST (Includes FBI Fees)

PEDDLER

POOL ROOM

PUBLIC DANCE

RAP SESSION (NUDE)
SECONDHAND DEALER (Pawnbroker)

TAXICAB STAND

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Packet Pg. 184 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

ATTACHMENT C
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2):

Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:

Captain 1.00 $ 511,432 $ 511,432
SUPERVISION:

Sergeant Patrol 1.00 $ 406,174 $ 406,174
Sergeant Patrol 0.33 $ 406,174 $ 134,037
Sergeant Administrative 1.00 $ 406,174 $ 406,174
INVESTIGATION SERVICES:

Investigator 2.00 $ 389,168 $ 778,336
PATROL AND TRAFFIC SERVICES:

Deputy Sheriff II -Patrol Patrol 16.00 $ 332,009 $ 5,312,144 Deputy Sheriff II -Motor Traffic 2.00 342,744 $ $ 685,488 ADDITIONAL SERVICES:

Deputy Sheriff II School Resource Officer 1.00 $ 332,009 $ 332,009 Community Services Officer Parking Control 3.00 $ 150,063 $ 450,189 Sr. Emergency Mgt. Prog Coord. Program Coordinator 1.00 $ 207,644 $ 207,644 TOTAL POSITIONS 28.33 $ 9,223,627
REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation Cost $
TRAFFIC:

Sergeant Traffic 0.60 8.65% $ 25,202
Investigator Traffic 1.00 8.65% $ 30,422
Deputy Sheriff II Traffic 3.00 8.65% $ 105,890
Investigative Assistant Traffic 2.00 8.65% $ 29,981
Office Specialist Traffic 1.00 8.65% $ 11,323
AUTO THEFT:

Sergeant Auto Theft 0.30 4.13% $ 6,021
Investigator Auto Theft 2.00 4.13% $ 31,821
Investigative Assistant Auto Theft 1.00 4.13% $ 7,130
Office Specialist Auto Theft 1.00 4.13% $ 5,434
DET:

Sergeant DET 1.00 10.04% $ 50,886
Investigator DET 1.00 10.04% $ 45,400
COURTS:

Investigative Assistant Courts 2.00 11.02% $ 35,150
MOTORCYCLE (shared Supervision):

Sergeant Motorcyle Supervision 1.00 7.55% $ 33,838
TOTAL REGIONAL/SHARED 16.90 $ 418,498
OTHER CHARGES AND CREDITS (Subsection G-2):

OTHER CHARGES:

CREDITS:

TOTAL OTHER CHARGES AND CREDITS $ 1,741,632
TOTAL COST OF SERVICES (Subsection G-2) $ 11,383,757

ORANGE COUNTY SHERIFF-CORONER
FY 2024-25 LAW ENFORCEMENT CONTRACT

CITY OF LAGUNA HILLS
"PAYMENT"
(Subsection G-2)
Credits include: AB109 (2011 Public Safety Realignment); estimated vacancy credits; false alarm fees; reimbursement for training and miscellaneous programs; reimbursement for restitution.

Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; E-Citation recurring costs for four (4) units; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) acquisition for one(1) and recurring cost for twenty-one and a third (21.33) units; overtime; one (1) Motorcycle; patrol training cost allocation; premium pay for bilingual staff, on-call pay, education incentive pay; services and supplies; and transportation charges.

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Packet Pg. 185 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

ATTACHMENT D

COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.

Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.

II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.

B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.

III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services.

Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days.

B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency:

1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.

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Packet Pg. 186 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.

3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.

An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.

IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.

V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)

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Packet Pg. 187 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services

VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc.

Late charges will be assessed in the following situations:
 Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
 Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
 Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.

The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy.

VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the AuditorController for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.

VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.

If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.

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IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.

X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.

XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.

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ATTACHMENT (

POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS

BACKGROUND
The Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.

CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.

In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.

In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.

In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY.

Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.

Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency.

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'

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BUDGET USE ONLY

REQUEST CERTIFICATION APPROVALS

ORANGE COUNTY SHERIFF-CORONER

TRAFFIC VIOLATOR APPREHENSION PROGRAM

CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date

APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAM CITY MANAGER REQUEST: Printed Name Signature: DATE Recommended For Approval CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM

ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
ATTACHMENT G 4.13.a
Packet Pg. 206 Attachment: Proposed Law Enforcement Services Agreement with the County of Orange for FY2024/25 (3520 : Law Enforcement Services Add: One (1) Motorcycle (BMW)
Share:

DIRECT PURCHASE SERVICES & COUNTY
NO POSITIONS SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT. OH DIV. OH TRAINING OH OTHER REVENUE TOTAL 1 Captain 234,127 0 215,993 10,619 7,657 0 9,248 26,106 4,818 2,864 0 0 511,432 1 Administrative Sergeant 172,657 0 161,285 18,594 7,657 0 9,248 29,677 4,818 2,238 0 0 406,174

1.33 Patrol Sergeant 229,634 0 214,509 24,730 10,183 0 12,300 39,470 6,408 2,977 0 0 540,211 2 Investigator 305,182 0 286,504 27,540 15,314 0 18,496 111,772 9,636 3,892 0 0 778,336 16 DS II Patrol 2,221,968 0 2,074,512 134,592 122,512 0 147,968 505,936 77,088 27,568 0 0 5,312,144 2 DS II Motorcycle 290,946 0 267,430 16,824 15,314 0 18,496 63,242 9,636 3,600 0 0 685,488 1 DS II - School Resource Officer 138,873 0 129,657 8,412 7,657 0 9,248 31,621 4,818 1,723 0 0 332,009

24.33 Subtotal Safety $3,593,387 $0 $3,349,890 $241,311 $186,294 $0 $225,004 $807,824 $117,222 $44,862 $0 $0 $8,565,794 3 Community Services Officer 183,348 0 124,950 0 22,971 0 27,744 89,031 0 2,145 0 0 450,189 1 Sr. Emergency Management Prog. Coordinator 123,129 0 63,989 0 7,657 0 9,248 2,180 0 1,441 0 0 207,644 4 Subtotal Professional $306,477 $0 $188,939 $0 $30,628 $0 $36,992 $91,211 $0 $3,586 $0 $0 $657,833

28.33 TOTAL STAFF $3,899,864 $0 $3,538,829 $241,311 $216,922 $0 $261,996 $899,035 $117,222 $48,448 $0 $0 $9,223,627

REGIONAL / SHARED STAFF

0.6 Traffic - Sergeant 8.65% 11,453 431 9,810 965 444 306 480 913 250 150 0 0 25,202 1 Traffic - Investigator 8.65% 13,196 0 12,388 1,191 740 0 800 1,522 417 168 0 0 30,422 3 Traffic - Deputy Sheriff II 8.65% 44,423 3,974 38,267 2,182 2,220 6,017 2,399 4,566 1,250 592 0 0 105,890 2 Traffic - Investigative Assistant 8.65% 13,390 213 10,780 0 1,457 0 1,600 2,382 0 159 0 0 29,981 1 Traffic - Office Specialist 8.65% 5,297 35 3,209 0 729 0 800 1,191 0 62 0 0 11,323

0.3 Auto Theft - Sergeant 4.13% 2,738 103 2,345 231 102 73 115 218 60 36 0 0 6,021 2 Auto Theft - Investigator 4.13% 13,226 1,357 12,131 1,139 683 483 765 1,455 398 184 0 0 31,821 1 Auto Theft - Investigative Assistant 4.13% 3,120 118 2,567 0 336 0 382 569 0 38 0 0 7,130 1 Auto Theft - Office Specialist 4.13% 2,586 0 1,531 0 336 0 382 569 0 30 0 0 5,434 1 DET Sergeant 10.04% 17,800 6,313 16,694 1,867 685 0 929 5,722 484 392 0 0 50,886 1 DET Investigator 10.04% 16,341 4,545 14,975 1,383 685 0 929 5,722 484 336 0 0 45,400 2 Courts - Investigative Assistant 11.02% 16,810 263 13,673 0 1,687 0 2,037 480 0 200 0 0 35,150 1 Motorcycle Sergeant + MDC 7.55% 14,304 0 13,001 1,403 728 1,361 698 1,328 364 189 462 0 33,838

16.90 Subtotal $174,684 $17,352 $151,371 $10,361 $10,832 $8,240 $12,316 $26,637 $3,707 $2,536 $462 $0 $418,498 Four (4) Sergeants with AV, LW ( 1/3 AV, 1/3 LH, 1/3 LW) May 3, 2024

SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS

CITY OF LAGUNA HILLS
FISCAL YEAR 2024-25
FINAL
Laguna Hills FY 2024-25 Spreadsheets/FINAL FY 2024-25 Page 1 of 2

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Attachment: Fiscal Year 2024/25 Final Cost Detail (3520 : Law Enforcement Services Agreement for Add: One (1) Motorcycle (BMW)
Share: Four (4) Sergeants with AV, LW ( 1/3 AV, 1/3 LH, 1/3 LW) May 3, 2024

SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS

CITY OF LAGUNA HILLS
FISCAL YEAR 2024-25
FINAL

ADDITIONAL SERVICES & COUNTY
NO COSTS/REVENUE SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT. OH DIV. OH TRAINING OH OTHER REVENUE TOTAL Overtime 705,773 50,537 8,258 764,568
Estimate: Vacancy Credit (301,003) (301,003)
Annual Leave (Pay Downs & Termination Pay) 91,658 91,658 AB109 (2011 Public Safety Realignment) (4,445) (4,445)
Body Worn Cameras (BWC) and In Car Video (ICV) Costs 130,391 130,391 Class BB CSO Vehicle 0
Contract Administration 31,680 31,680
Data Line 5,906 5,906
E-Citation Acquisition 0
4 E-Citation 9,189 9,189
Enhanced Helicopter Response Services 28,073 28,073
Facility Lease 57,535 57,535
Holiday Pay: Comp & Straight Time 153,762 153,762
Integrated Law & Justice Agency of Orange County 3,199 3,199 Mobile Data Computers (MDC) - Acquisition 0

21.33 Mobile Data Computers (MDC) - Recurring Costs 75,009 75,009 1 Motorcycle Cost BMW R1250R-P Model 29,754 29,754
Patrol Training Cost Allocation (FTB) 171,503 171,503
Premium Pay 99,878 99,878
Retirement Rate Discount (Expenses for Interest and Issuance) 0 Retirement Rate Discount (Gross) 0
Revenue/False Alarms (31,319) (31,319)
Revenue/Training Reimbursement (514) (514)
Revenue/Restitution Reimbursement (140) (140)
Services & Supplies 54,757 54,757
Transportation - Vehicle Fuel, Mileage Interest and Maint., etc. 372,191 372,191 Subtotal $0 $705,773 $50,537 $0 $118,198 $400,264 $0 $0 $171,503 $8,258 $323,517 ($36,418) $1,741,632 $4,074,548 $723,125 $3,740,737 $251,672 $345,952 $408,504 $274,312 $925,672 $292,432 $59,242 $323,979 ($36,418) $11,383,757 FY 2023-24 - FINAL ADJUSTED CONTRACT TOTAL $3,785,951 $667,571 $3,485,732 $221,817 $315,178 $309,321 $281,707 $948,138 $235,120 $87,443 $414,583 ($21,067) $10,731,494

7.62% 8.32% 7.32% 13.46% 9.76% 32.06% -2.63% -2.37% 24.38% -32.25% -21.85% 72.87% 6.08% $288,597 $55,554 $255,005 $29,855 $30,774 $99,183 ($7,395) ($22,466) $57,312 ($28,201) ($90,604) ($15,351) $652,263 FY 2024-25 - FINAL CONTRACT TOTAL
Laguna Hills FY 2024-25 Spreadsheets/FINAL FY 2024-25 Page 2 of 2

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Attachment: Fiscal Year 2024/25 Final Cost Detail (3520 : Law Enforcement Services Agreement for City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

May 28, 2024
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
"LH on the Hill" Lighting Project, CIP No. 403-A
RECOMMENDATION: That the City Council: 1) Authorize the City Manager to sign the Public Works Construction Contract with Oppenheimer National in the amount of $51,068; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; and 3) Authorize the Finance Director to amend the budget by transferring $28,229 from the Public Works Operating Account, Landscape Maintenance, into CIP No. 403.

SUMMARY:

At the April 21, 2023 City Council meeting, City Council directed City staff and the Events, Communication, and Beautification Committee (ECBC) to evaluate additional, lower-cost alternatives to illuminate “LH on the Hill” using LED strip lighting to illuminate the letters. City staff contacted several vendors to obtain additional quotes for the installation of an illumination system that allows for changeable colors, programming, and remote-control capability, and obtained a cost-effective proposal from Oppenheimer National to accomplish this work. Accordingly, City staff recommends that the City Council authorize the City Manager to enter into a Public Works Construction Contract to perform this work.

BACKGROUND:

In 2021, when City Council directed City staff to develop the “LH on the Hill” project, Capital Improvement Project No. 403, Richard Fisher Associates developed plans and

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LH on the Hill Lighting
May 28, 2024

specifications for the project. At that time, the Base Bid included the installation of 24” x 24” concrete pavers spelling out the letters “LH,” and an Alternate Bid for the installation of two (2) Solar Lighting International “Stealth” Luminaire solar powered lights to illuminate the letters at night. These solar powered up-lights were to be only white lights. On January 13, 2022, bids for CIP No. 403 were opened. Nieves Landscape, Inc. was the lowest, responsive, responsible bidder with a Base Bid of $36,857 and an Alternate Bid of $28,560. On January 25, 2022, the City Council awarded a Public Works Construction Contract for the “LH on the Hill” project, CIP No. 403, to Nieves Landscape, Inc. for the Base Bid only. The Alternate Bid was not awarded by City Council at the recommendation of City staff. City staff cited the relatively high cost of that element versus the cost of the “LH” itself and indicated it would be prudent to see if the “LH” is visible at night due to ambient lighting. It is not visible at night.

The Events, Communication, and Beautification Committee (ECBC) suggested revisiting the illumination of “LH on the Hill” at ECBC meetings in late 2022, at the April 21, 2023 City Council meeting, City staff presented three different-priced options for lighting the “LH” on the hillside directly below 25732 and 25736 La Sierra near the Moulton-Niguel Water District water tank. In response, the City Council directed City staff and the City’s Events, Communications and Beautification Committee to evaluate additional, lowercost alternatives to illuminate the “LH” letters aligned with the idea of using LED strip lighting to illuminate the letters.

In addition, City Council directed City staff to evaluate the use of photometric paint on the letters to make them glow in the dark. In response, City staff painted sample concrete “tiles” with the photometric paint and left them on the hill to see if they were visible at night. They were not readily visible.

Since then, City staff contacted several vendors to obtain additional quotes for the installation of an illumination system that allows for changeable colors, programming, and remote-control capability. Based upon this direction, City staff found a Department of Industrial Relations-registered contractor willing to install commercial-grade LED outdoor strip lighting mounted to the edge of the concrete paver “letters” outlining the “L” and the “H,” as outlined in the attached, draft Public Works Construction Contract.

The proposal includes installation of underground conduit and electric wiring to connect the LED lights to a recently-found power source from the nearby park, and a control cabinet containing a controller and cellular modem that will allow for the LED lights to be programmed and able to cycle through different colors and dimming modes. The proposal provided by Oppenheimer National to City staff is in the amount of $51,068.

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LH on the Hill Lighting
May 28, 2024

Oppenheimer National recently completed upgrades to “Dinosaur Park” at the Community Center and Sports Complex under CIP No. 237. Based upon Oppenheimer National’s work and the cost effectiveness of this proposal, City staff recommends the award of Public Works Construction Contract to Oppenheimer National.

While the City’s Informal Bidding Ordinance, 2023-5, as codified in Municipal Code Section 3-36, authorizes the City Manager to enter into Public Works Construction Contracts under $60,000, City staff is seeking authorization from City Council to enter into this Public Works Construction Contract because of past discussion and direction from City Council.

Alternatives
Oppenheimer National also submitted a solar-powered alternative proposal. That proposal, also attached, is in the amount of $161,240. As a cost comparison, the December 2022 proposal provided by RJ Electric and presented at the April 21, 2023 City Council meeting for similar work was $200,890. Therefore, City staff believes the quote from Oppenheimer National for the will be the lowest quotes we will receive for this type of work.

CEQA FINDINGS:

Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption – “Existing Facilities.” FISCAL ANALYSIS:

While the estimated cost of this Project is $51,068, City staff is recommending a total budget of $60,000 to account for any construction contingencies. CIP No. 403, LH on the Hill, has an existing unencumbered budget of $31,771. To accommodate the entire project cost including construction contingencies, City staff recommends a budget amendment transferring $28,229 from the Public Works Operating Account to CIP No. 403.

ATTACHMENTS:
• Public Works Construction Contract with Oppenheimer National

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Packet Pg. 261 Attachment: Public Works Construction Contract with Oppenheimer National (3531 : LH on the Hill Lighting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 28, 2024
TO: Mayor and Council Members
FROM: Dave Wheeler
Mayor
ISSUE: City Council/Planning Agency Roll as Decision-Maker Regarding QuasiJudicial Matters—Due Process Requirements RECOMMENDATION: Mayor Wheeler recommends that the City Council discuss and provide direction.

Per City Council Policy No. 120, Mayor Wheeler placed this item on the agenda for discussion.

8.1 Packet Pg. 262
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 28, 2024
TO: Mayor and Council Members
FROM: Dave Wheeler
Mayor
ISSUE: Review of the City's Economic Development Committee RECOMMENDATION: Mayor Wheeler recommends that the City Council discuss and provide direction.

Per City Council Policy No. 120, Mayor Wheeler placed this item on the agenda for discussion.

8.2 Packet Pg. 263
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 28, 2024
TO: Mayor and Council Members
FROM: Dave Wheeler
Mayor
ISSUE: Potential Changes To, Clarified Interpretation, and Discussion of Laguna Hills Municipal Code Chapter 9-92: Application Process and Submittal Requirements - Continued Item
RECOMMENDATION: Mayor Wheeler recommends that the City Council discuss and provide direction to staff.

Per City Council Policy No. 120, Mayor Wheeler placed this item on the May 14, 2024, regular meeting agenda for discussion. The Item was continued to this meeting agenda by a vote of 3 to 2.

ATTACHMENTS:
• LHMC Chapter 9-92
• Flowchart of Project Approval Process

8.3 Packet Pg. 264
9-92.010
238-183 (Laguna Hills Supp. No. 22, 6-19)
Chapter 9-92

APPLICATION PROCESS AND

SUBMITTAL REQUIREMENTS
Sections:
9-92.010 Purpose.
9-92.020 Application materials.
9-92.030 Applications.
9-92.040 Application acceptance and
processing.
9-92.050 Requirements for complete
applications.
9-92.060 Application withdrawals.
9-92.070 Preliminary project review.
9-92.080 Types of applications and findings.
9-92.090 Conditional approvals.
9-92.100 Effect of conditions.
9-92.110 Revocation or suspension process.
9-92.120 Notice of action.
9-92.130 Reapplication or application to
amend conditions.
9-92.010 Purpose.

The purpose of this chapter is to provide regulations
for the acceptance of development applications, permits and approvals. (Ord. 98-8 § 2 (part): prior code § 9-

41.010)
9-92.020 Application materials.

The Planning Department shall prepare and maintain
information materials for each permit required by this
code. The department shall furnish application forms,
questionnaires, and information packages to all persons interested in presenting development applications to the city. The information packets shall address content of
applications, fee information, and general processing procedures and requirements. (Ord. 98-8 § 2 (part): prior code § 9-41.020)
9-92.030 Applications.

Applications submitted pursuant to this code are listed in Table 9-92.030. The table also shows general information related to the various applications.

Any permit or project approved according to this code
may be revoked or suspended in the same manner in
which it was approved upon conduct of required review
and/or hearing to consider revocation or suspension.

Each review and hearing body has the right to approve,
approve with conditions or deny any development permit.

Decisions of the Community Development Director are
appealable to the Planning Agency. Decisions shall be
final ten calendar days after the hearing date unless
appealed.

Table 9-92.030

APPLICATION INFORMATION
Application Type Notice
Required
Radius Map
Distance
Review Body How
Adopted/Granted
Accessory dwelling unit No N/A CDD Letter
Appeal Yes 300' by state law PA Resolution
Certificate of compliance See subdivision
code
Certificate of use and
occupancy
No N/A BO CDD Sign-off on building
permit
Changed plan No N/A CDD Letter
Conditional use permit Yes 300' PA Resolution
Conditional use permit for
large family day care facilities
Yes 100' CDD
PA (if hearing
requested)
Letter
Resolution
Development agreement Yes 300' CC Ordinance
Development code amendment Yes 300' when map
change involved
CC Ordinance

8.3.a
Packet Pg. 265 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.030
(Laguna Hills Supp. No. 22, 6-19) 238-184
Notes:

PA = Planning Agency CE = City Engineer
CC = City Council CDD = Community Development Director
BO = Building Official N/A = Not applicable
(Ord. 2018-7 § 12; Ord. 2011-2 § 1 (Exh. A (part)): Ord. 2003-5 Exh. A § D; Ord. 2001-3 § 2 (part), 2001; Ord. 98-8 § 2 (part): prior code § 9-41.030)
Extension of time (maps) See subdivision
code
Extension of time (zoning) Yes 300' PA Resolution
General plan amendment:

Major Yes 300' CC Resolution
Minor Yes 300' CC Resolution
Technical No N/A CDD Memo
General plan interpretation No N/A PA Letter or memo
Home occupation permit No N/A CDD Sign-off on home
occupation permit form
Landscape plan No N/A CDD Letter
Lot line adjustment No N/A CDD/CE Letter
Master sign program:

Major Yes 300' PA Resolution
Minor No N/A CDD Letter
Parking use permit Yes 300' PA Resolution
Precise plan Yes 300' PA Resolution
Preliminary project review No N/A CDD Review only no decision Site development permit:

Major Yes 300' PA Resolution
Minor No N/A CDD Letter
Specific plan Yes 300' CC Resolution or ordinance
Specific plan amendment Yes 300' CC Resolution or ordinance Special animal permit Yes Abutting properties CDD Letter Special use permit Yes 300' PA Resolution
Temporary sign permit No N/A CDD Application form signoff Temporary use permit No N/A CDD Application form signoff Tentative parcel map See subdivision code
Tentative tract map See subdivision code
Variance Yes 300' PA Resolution
Table 9-92.030
APPLICATION INFORMATION (Continued)
Application Type Notice
Required
Radius Map
Distance
Review Body How
Adopted/Granted

8.3.a
Packet Pg. 266 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.040
238-185 (Laguna Hills Supp. No. 13, 8-11)
9-92.040 Application acceptance and processing.

The following general process shall be followed in the
administration of applications received by the Planning Department. Application information handouts furnished
by the department include a synopsis of the review and
hearing process pertinent to each specific application.

A. Applications subject to this code shall be
reviewed and if the application is incomplete, notification shall be given within thirty (30) days.

B. Applicants shall be given a specified period of
time in which to add or provide the missing data and information to the application. This period may vary in length due to the complexity of the application and intensity of corrections needed. The Director or his or her designee shall provide such date in writing, but in any case, the reasonable correction period shall not be less than sixty (60) days unless otherwise agreed to by the Director and the applicant. The Director, upon written request of the applicant, may extend the resubmittal date.

C. Whenever the applicant has failed to provide the
required materials or has exceeded the correction/resubmittal due date, the Director shall summarily declare the application incomplete and withdrawn from further consideration. The Director shall provide written notice to the applicant of such forced withdrawal.

D. Department personnel shall review the completed
application to evaluate and reach a determination pursuant to adopted California Environmental Quality Act (CEQA)
guidelines and requirements.

E. Upon completion of CEQA requirements, the
Director shall insure scheduling and notice actions necessary to conduct any required hearings or public review.

Advertising and notice requirements shall be as contained in this code or applicable state law.

F. Hearings on project applications may be continued from time to time. Continued hearings shall be set to a date and time certain and the hearing body shall insure such continuance is announced. Staff shall post continued hearing notices as required by adopted city rules of administration.

G. Applicants shall be notified of the decision on the
application in writing by the city. (Ord. 98-8 § 2 (part):
prior code § 9-41.040)
9-92.050 Requirements for complete
applications.

Development project applications will generally contain the information in Table 9-92.050 and outlined here.

The Community Development Director may require additional information or specifications that will add clarity to the review and understanding of the request.

A. Application form as provided by the department
completed and signed by the applicant, owner, or agent
containing a complete project description;
B. Statement from the applicant explaining how the
project satisfies the required findings for such application; C. A detailed site plan of the property and surrounding area at sufficient scale to be readable and understandable and consistent with the standards for the site plan contained in the application handout furnished by the
department;
D. Existing and proposed building/structure elevations which show materials, colors, and finishes to be part of the project. Architectural plans shall be drawn to the scale identified in the department handout;
E. Signature of the owner upon application form or
notarized letter authorizing application by an appointed agent;
F. Legal description of property furnished on grant
deed recorded within Orange County;
G. Two copies of a title report which is current to
within six months of the date of application;
H. Floor plans drawn to an easily readable architectural scale showing existing and proposed conditions; I. Detailed project description discussing the nature
of the proposal and the specifics of the requested action; J. Materials and color boards, as required, prepared
in an eight and one-half inch by eleven (11) inch format; K. Blue line or black line copies of the project plans
in the number specified by the application handout. All plans to be fan folded to eight and one-half inch by eleven (11) inch size. Sheet size should be limited to twenty-four (24) inch by thirty-six (36) inch;
L. Two copies of the latest county assessor parcel
map drawn to scale showing all properties within three
hundred (300) feet of the project site, including streets, highways, and alleyways;
M. A certified list of all property owners within three hundred (300) feet of the applicant’s property as determined from the latest equalized assessment role of the county of Orange.

8.3.a
Packet Pg. 267 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92)

8.3.a
Packet Pg. 268 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) N
W
00 I
.-
00 -...J
Action
Appeal(1)
Certificate of
compliance
Certificate of
use/occupancy
Change plan(2)
Conditional use
permit
Conditional use
permit for large
family day care
Development
agreement
Extensions of
time(4)
General plan
amendment
Home occupation
Lot line
adjustment"
Master sign
program
Misc. permits
Application Site
Plan
X X
X
X
X X
X X
X X
X
X X
X
X X
X X
X X
* *
Table 9·92.050

MINIMUM APPLICATION FILING REQUIREMENTS
Floor Elevations Landscape Property Env. Letter of Legal Color/ B1acklinel Plan Owner Data Data Authority Description Material Bluellne Board PlanslMaps (3)

X X X X X

X X X X
X

X X X X X X X X X

X X X X X X X X X

X X X X X X X X X

X X X X

X X X X X X X X X

X X X X X
X X
X X

X X X X X X
* * * * * * * * *

8.3.a
Packet Pg. 269
Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) Table 9·92.050 (Cont'd)
Action Application Floor Elevations Landscape Property Env. Letter of Legal Colorl Blackllnel Plan Plan Owner Data Data Authority Description Material Bluellne Board PlanslMaps (3)
Parking use X X I X X X X X X
pennit
Precise plan X X X X X X X X X X X
Preliminary X X* X* X* X* X* X* X* X*
project review
Site development X X X X X X X X X X X
penn it
I Special animal X X X* X X X X X
pennit'
Special use X X X X X X X X X X* X
pennit
Specific plan X X X X X X X X X X X
Subdivision X X X X X X
extensions ••
Temporary sign X X X X
pennit
Temporary use X X X X X X X
pennit
Tentative parcel X X X X X X ., map
Tentative tmct X X X X X X ,. map
Variance X X X X X X X
Zone/code X X X X X X
amendment($)

8.3.a
Packet Pg. 270
Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 238-189 (Laguna Hills Supp. No. 11, 12-09)
9-92.050
Table 9-92.050 (Cont’d)
Notes:X = Required* As directed by staff** See city subdivision code for detailed application requirements and process.(1) Appeals require all the same materials to be filed as were initially filed.(2) Change plans may require limited materials to be filed; staff will advise filing requirements based upon applicants proposed project.(3) Quantities vary, please see application information package for exact numbers.(4) Filings for land use permit extensions very dependent upon type of application; general rule is to file what was required for original approval.(5) Textual changes shall be submitted with the exact wording being proposed; map changes to be accompanied by maps showing current general plan, current zone, and proposed change.(Ord. 98-8 § 2 (part): prior code § 9-41.050)

8.3.a
Packet Pg. 271 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.060
(Laguna Hills Supp. No. 11, 12-09) 238-190
9-92.060 Application withdrawals.

Any development project application or other application for permit, entitlement, or relief sought under provisions of this code may be withdrawn at any time prior to a public hearing or final review by filing with the Director a written request for withdrawal. The request shall be
signed by all persons who signed the original application, or their designated agents or successors. An application may be withdrawn after commencement of a hearing with
consent of the hearing body. Withdrawn applications shall be subject to payment of outstanding city costs and
refunds made to applicant, as appropriate, as established by the fee resolution adopted by the city. (Ord. 98-8 § 2 (part): prior code § 9-41.060)
9-92.070 Preliminary project review.

This application allows proponents to submit minimal
data and plans to the Planning Department for early evaluation as to compliance with standards and requirements for all discretionary permits. This process is meant to help applicants establish concise and complete applications
when submitting a formal project and to concentrate professional expertise on those portions of the application which most need it. Applicants receive written comments from appropriate review departments as to how to
improve the application to ensure more favorable review upon formal submittal. The preliminary project review
does not replace any required formal application nor does it grant any authority or entitlement for a project. (Ord. 98-8 § 2 (part): prior code § 9-41.070)
9-92.080 Types of applications and findings.

The following development permits, or approvals,
require the findings specified:

Amendments may be proposed to change general plan
land use designations, zone designations, amend the zoning text and zoning map, to alter boundaries, or to revise provisions of the development code to add, remove or
modify regulations pursuant to provisions of the Government Code, seek alteration of a specific plan or modify a previously approved project plan.

A. Amendments. Amendments may be initiated in
the same manner as the original application and shall be approved in like manner. Findings for general plan
amendments, zone changes, code amendments, and specific plans shall address the following as a minimum:

1. That the amendment or plan is consistent with the
intent of the goals and policies of the general plan as a whole, and is not inconsistent with any element thereof;

2. That the amendment or plan is necessary to prescribe reasonable controls and standards for affected land uses to insure compatibility and integrity of those uses with other established uses;

3. That the amendment or plan is necessary to provide reasonable property development rights while protecting environmentally sensitive land uses and species;

4. That the plan or amendment is necessary to correct discrepancies in standards or policies within the plan area or land use category;

5. That the plan or amendment is necessary to protect the general health, safety, or general welfare of the community as a whole.

B. Precise Plan. Precise plans are required by Chapters 9-29 and 9-30 for developments within the mixed use and neighborhood mixed use zones whenever more than
one variety of land use is proposed for a single property or a limited collection of abutting properties. Findings for approval or modification of a precise plan shall be:

1. That the plan and the uses proposed are consistent
with the general plan;

2. That the proposed plan is consistent with adopted
development standards for the area in which proposed;

3. That the plan promotes community image and
enhances compatibility of uses in the plan area;

4. That the plan will reduce undesirable environmental consequences while improving economic needs of the area and community;

5. That the plan is sufficiently detailed to ensure
design values and controls needed to achieve a balance
and integration of uses.

C. Conditional Use Permits. Conditional use permits
are used to evaluate uses that may have a moderate to high potential for adverse impact to adjacent or abutting uses or the surrounding community due to operating characteristics. Approval of conditional use permits can allow a use, subject to expressed conditions, to ensure compatibility between the requested use and existing uses.

Prior to issuing a conditional use permit, the hearing
body shall make the following findings:

1. That the proposed use is consistent with the general plan;

2. That the nature, condition and development of
adjacent uses, buildings and structures have been considered and the proposed conditional use will not adversely effect or be materially detrimental to the adjacent uses, buildings, or structures;

3. That the proposed site is adequate in size and
shape to accommodate the use and integrate it with the
existing and planned uses in the vicinity;

4. That all required development standards prescribed by this code can be achieved;

8.3.a
Packet Pg. 272 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.080
238-191 (Laguna Hills Supp. No. 13, 8-11)

5. That the conditions and limitations placed upon
the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

The Community Development Director shall have the
authority to review and approve all change plans, or minor changes to any conditional use permit previously
approved provided such change does not exceed ten percent of the gross square footage of the original project.

D. Conditional Use Permit for Large Family Day
Care Facilities. Applications for large family day care facilities shall be subject to submittal requirements similar to those required for a conditional use permit. However, applications for large family day care conditional use permits shall be reviewed through a modified conditional use permit process. This process provides for the following:

1. A notice of the application shall be sent to property owners within a one hundred (100) foot radius of the site.

2. A public hearing shall not be required unless one
is requested by the applicant or by a person who receives the notice and raises concerns in the areas of noise, traffic, parking and spacing and concentration.

3. If a public hearing is requested, one shall be held
by the Planning Agency and notice of the hearing shall be sent to property owners within a one hundred (100) foot radius of the site.

4. The application shall be approved or conditionally approved if it is found that the following statutory standards are met:
a. The large family daycare home shall conform to
all property development standards of the zoning district in which it is located.
b. No other licensed large family daycare home
shall be located within one thousand five hundred (1,500) feet of the exterior property boundaries of the proposed large family daycare home.
c. The applicant shall have obtained, or have
applied to obtain, any and all necessary state licenses and permits to operate a large family daycare home. No permit as provided herein shall be effective until such time as the applicant presents satisfactory evidence to the Director of Community Development that the applicant has complied
with, and obtained, all such necessary state licenses and permits.
d. No signage shall be permitted in conjunction with
the large family daycare facility.
e. A circulation plan acceptable to the City Engineer shall be provided, indicating the proposed patron drop-off location and turn-around area.
f. Noise impacts associated with operation of the
large family daycare facility shall not exceed the city’s noise ordinance standards.

E. Joint Parking Use Permit. The parking use permit
is a detailed design and plan for construction of multiple tenant parking facilities. Requirements for content of the plan are given in Chapter 9-44 of this title. Prior to issuing a joint parking use permit, the hearing body shall make the following findings:

1. That the proposed joint parking use permit is consistent with the intent and purpose of the development code;

2. That the joint parking use permit provides a reasonable and enforceable means for all uses to share parking facilities;

3. That the requirement for parking established by
the joint parking use permit shall assure that parking
demands for the participating uses are continually met;

4. All the findings in support of a conditional use permit.

F. Variances. A variance may be granted from any
development standard or criteria affecting establishment of a use in a zoning district but may not be granted to approve a use which would otherwise be prohibited by a
zoning district. Variances shall run with the land and shall remain in full force and validity subject to adherence to limitations and conditions prescribed by the granting
authority.

Findings to be made in order to grant a variance shall
address the following as a minimum.

1. That the strict application of the development
code deprives the property owner of privileges enjoyed by other properties in the vicinity and in an identical land use designation because of special circumstances applicable to the subject property or intended use of the property that do not generally apply to other properties in the same zoning district such as size, shape, topography, location or surroundings;

2. That the grant of the variance does not constitute
the grant of special privilege not available to other properties under similar circumstance in the same zoning district;

3. That the variance is granted upon hardship and
not convenience;

4. That the grant of variance will not be detrimental
to the public health, safety, and welfare of the community, nor be injurious to properties, uses, or improvements in the vicinity;

5. That the variance does not grant a use not permitted by the zoning district.

G. Site Development Permits. Site development permits are required for most development projects, includ8.3.a Packet Pg. 273 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.080
(Laguna Hills Supp. No. 13, 8-11) 238-192
ing special conditions such as hillside developments.

These permits are used in the absence of any other specified permit or approval and may be required in addition to other approvals.

The review and hearing body varies for site development permits.

1. The Community Development Director shall
have the authority to review and approve all site development permits meeting the following criteria:
a. Developments of nonresidential uses and or
buildings not exceeding twenty thousand (20,000) square feet whether in one or more structures on a single parcel; b. Four or fewer residential structures or dwellings
in a single project;
c. Temporary uses not involving use of public facilities or rights-of-way; d. Master sign programs for properties containing
less than five nonresidential units;
e. Change plans, or minor changes to any plan or
permit previously approved provided such change does
not exceed ten percent of the gross square footage of the original project;
f. Site development permits for retaining walls that
are greater than thirty (30) inches in height.

2. The Planning Agency shall have jurisdiction and
review authority over all site development permits
exceeding the criteria specified above. Additionally, the Community Development Director may forward any
project over which he or she has authority or which he or she shall deem of sufficient interest on a broader land use policy scale to the Agency for their consideration. The Community Development Director shall review and make
recommendations regarding all site development permits
forwarded to the Agency and shall insure all environmental and notice requirements are met.

Prior to issuing a site development permit, the Community Development Director or Planning Agency shall make the following findings:
a. That the site design complies with standards of
the development code;
b. That the site is suitable for the proposed development; c. That the project is consistent with the general plan and applicable design guidelines;
d. That the site design and structural components are
appropriate for the site and function of the proposed uses.

H. Master Sign Programs. Sections 9-42.160 and 9-

42.170 describe the content and requirement for master
sign programs. Sign plans are always evaluated in relationship with the site development permit and are an integral portion of comprehensive architectural plans for major projects. In approving a master sign program or
changes to an existing program, the following findings in addition to those for a site development permit shall be made:

1. That the design and application of the sign criteria required by the development code are satisfied by the proposed sign program;

2. That the sign program provides a compatible and
harmonious design between advertising, landscaping and
building design.

I. Home Occupations. Home occupation certificates control and identify locations of various small and innocuous uses or businesses operated as accessory uses within residential units but which do not change the character of such units. Chapter 9-60 of this title details the limitations of such uses.

The Planning Department will maintain an application
format for home occupation certificates and the Community Development Director shall grant such requests subject to the limitations of Chapter 9-60 of this title based on the following findings:

1. That the home occupation will not violate restrictions provided by the development code or any health or safety regulations applicable to the requested occupation;

2. That the home occupation will not contribute to
air, water, or noise pollution in any amount greater than that of the typical residential use in which the occupation is operated.

J. Certificate of Use/Occupancy. A certificate of
use/occupancy shall be required for all land use and the occupancy of any structure or property. A certificate of use/occupancy shall be issued only upon the finding that the building or use complies with all regulations of this code or any condition imposed upon a permit or approval related to such use or structure.

K. Development Agreements. Chapter 9-84 discusses requirements for development agreements. No development agreement shall be approved unless the
Planning Agency shall find as follows:

1. That the agreement is consistent with the objectives, policies, general land uses, and programs contained in the general plan and any applicable specific plan;

2. That the agreement is compatible with the uses
authorized in the district in which the property is located;

3. The agreement provides for the orderly development of the property.

L. Extensions of Time. Extensions of time are of
two varieties. The first are those that are governed by the subdivision code and relate to time in which to record
final maps or moratoria imposition. The second type are

8.3.a
Packet Pg. 274 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.090
238-193 (Laguna Hills Supp. No. 13, 8-11)
extensions related to land use applications. This section relates only to land use action extensions.

Each land use application approved pursuant to this
code shall be initiated within two years from the date of approval or it shall expire. After expiration, an application may only be re-approved through submittal of a new
application, payment of new fees, review, and hearing as may be required by this code.

1. Failure to Implement in Timely Manner. Should
an applicant encounter difficulties in implementing the approvals granted by the hearing body, the applicant may file a request for extension of time. All requests for extension under this category shall be filed not less than thirty (30) days prior to the expiration date in order to be considered valid. Such requests shall clearly identify and evidence the reason for failure to attain the implementation date and set forth a date certain by which the applicant can implement the permit. Upon review and discussion as an
agenda item at a regular meeting, the hearing body who
first granted the permit or approval shall approve or deny the extension request.

2. Extension Beyond Established Expiration Date.

Some permits or approvals will receive expiration dates within the conditions of approval. Applicants may file
requests to extend the life of the permit or approval to permit continued operation. Such applications shall be made not less than thirty (30) days prior to the expiration date contained within the original permit or the application shall be considered invalid. Extensions of this type shall pay the fee established by the adopted fee schedule and shall provide updated environmental information reflecting any changes in conditions affecting the location since original approval was granted. Changes to the original
request shall be considered new applications. Any extension granted pursuant to this section shall be to a date certain.

M. Special Use Permit. Special use permits are
required for the review and approval of special land uses which do not adequately lend themselves to site development permits, or conditional permit standards or findings.

Special use permits are intended to allow the city to evaluate and condition unusual and/or specialized land uses so that operation, maintenance, and compatibility of the use may be enhanced. Special use permits are required for all uses identified within Chapter 9-54.

Prior to the approval of a special use permit, the Planning Agency shall make the following findings:

1. That the use as conditioned meets all criteria for
such use as prescribed by Chapter 9-54, and any state or federal law pertaining to the use;

2. That the conditions and limitations placed upon
the use are necessary to insure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare. (Ord. 2011-2 § 1 (Exh. A (part)); Ord. 2009-3 § 1 (Exh. A (part)); Ord. 2001-3 § 2 (part), 2001; Ord. 98-8 § 2 (part): prior code § 9-41.080)
9-92.090 Conditional approvals.

In approving any development application, the hearing
body or approval body may apply such conditions as it
may find necessary to control and regulate the use in order to insure compatibility with adjacent uses and the preservation of the public peace safety and welfare or in order to mitigate adverse impacts in the community. Conditions
may address, but are not limited to the following:

A. Hours of operation;
B. Increased buffering and or landscape areas;
C. Parking and loading improvements;
D. Dedications and improvements to public rightsof-ways; E. Distances between similar or identical uses;
F. Development of amenities called for in any specific plan or precise plan of which the use may be a part; G. Specified time period in which to implement the
use;
H. A specific renewal or expiration date for the
development application;
I. Other conditions as the hearing body or approval
body shall deem necessary to insure consistency of the
use to the general plan and protection of the health, safety, and welfare of the community. (Ord. 98-8 § 2 (part): prior code § 9-41.090)
9-92.100 Effect of conditions.

Conditions of approval placed upon any permit shall
serve as additional development standards for such uses or properties. Violation or failure to comply with any condition shall constitute a violation of the permit and shall be grounds for denial of any construction related permits and suspension or revocation of the permit. (Ord. 98-8 § 2 (part): prior code § 9-41.100)
9-92.110 Revocation or suspension process.

Any permit found to be operated contrary to the conditions of approval may be revoked or suspended.

A. Grounds for Suspension/Revocation.

1. Violation of permit conditions;

2. Violation of any applicable law or regulation federal, state, county or city;

3. Repeated violations of municipal code land use,
and/or administrative requirements;

8.3.a
Packet Pg. 275 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92) 9-92.120
(Laguna Hills Supp. No. 13, 8-11) 238-194

4. Failure to possess or maintain any license, certification, or registry necessary for the operation of any business or structure for which the permit may be granted;

5. Expiration of established time limits placed upon
the permit;

6. Operation under a suspended permit shall be
grounds for revocation of the permit.

B. Hearing Required. A noticed public hearing shall
be conducted by the hearing body which granted the permit. The purpose of the hearing shall be to consider the suspension or revocation of the permit based upon reasons stated in the formal notice. Nothing shall prohibit the hearing body from prescribing amended conditions which
may allow the permit to continue in use.

C. Notice. Notice shall be required as for any other
public hearing.

D. Suspensions. Suspensions shall be of limited
duration. The prescribed time limit shall be determined by the hearing body. Permit suspension shall prohibit operation or conduct of the business until the reasons for suspension have been corrected or satisfied.

E. Revoked Permits. Any use revoked by action
under this code may be reestablished by approval of a new application by the city. (Ord. 98-8 § 2 (part): prior code § 9-41.110)
9-92.120 Notice of action.

The applicant shall receive written notice of the final decision on an application for a permit or approval or any extension applied for. (Ord. 98-8 § 2 (part): prior code § 9-

41.120)
9-92.130 Reapplication or application to amend
conditions.

Any denial of a land use application under this code
shall necessitate the submittal of a new application subject to all requirements of this code. Unless one year shall have elapsed from a denial, an applicant may not reapply for the same permit or approval. Unless a development project is substantially amended in size or density, an application to amend conditions shall not be considered. (Ord. 98-8 § 2 (part): prior code § 9-41.130)

8.3.a
Packet Pg. 276 Attachment: LHMC Chapter 9-92 (3541 : LHMC Chapter 9-92)

8.3.b
Packet Pg. 277 Attachment: Flowchart of Project Approval Process (3541 : LHMC Chapter 9-92) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 28, 2024
TO: Mayor and Council Members
FROM: Erica Pezold
Council Member
ISSUE: Discussion on the Formation of an Ad-Hoc Committee to Explore the Feasibility of Establishing an Aquatic Center / Community Pool Facility RECOMMENDATION: Council Member Pezold recommends that the City Council discuss and provide direction to staff.

Per City Council Policy No. 120, at the May 14, 2004, regular meeting, Council Member Pezold requested and received a second from Council Member Heft to place this item on the agenda for discussion.

8.4 Packet Pg. 278
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: May 28, 2024
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Committee Assignment Reports
RECOMMENDATION: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.

SUMMARY:

The following are recent meetings and events attended by the City Council for their City Council Committee Assignments. It is order to receive a report from the Council Members listed below on their Committee Assignment(s).
1 Association of California Cities – Orange County (ACC-OC) Council Member Heft and Mayor Pro Tempore Sweeney
April 8-9 2024 Sacramento Advocacy Trip
2 Transportation Corridor Agencies (TCA)
Council Member Heft
May 9 Joint Board Meeting
3 Orange County Mosquito and Vector Control District (OCMVCD) Board of Trustees
Council Member Pezold
May 16 Regular Meeting

9.1 Packet Pg. 279
Committee Assignment Reports
May 28, 2024

4 Orange County Fire Authority (OCFA)
Board of Directors
Mayor Pro Tempore Sweeney
May 23 Regular Meeting
5 Association of California Cities – Orange County (ACC-OC) Legislative and Regulatory Committee
Mayor Wheeler
May 23 Regular Meeting
6 OC Public Libraries
Library Advisory Board
Mayor Wheeler
May 23 Regular Meeting

9.1 Packet Pg. 280