Laguna Hills City Council
August 27, 2024

26 | City of Laguna Hills • On-Call Landscape Architecture Services Los Osos Village Center
Mission Viejo, CA
Project Summary
Thanks to community input, the Mission Viejo Downtown core area will be redeveloped to include a walkable village that directly connects Mission Viejo’s Library and City Hall to Oso Creek and the Oso Creek Trail network. The property’s close proximity to Oso Creek provides a great opportunity to “Connect to the Creek”, which is one of the Core Area Vision Plan’s core guiding principles.

This vibrant paseo will introduce new outdoor lifestyle experiences in dining, retail, entertainment, as well as a space for public art and live entertainment. The Mission Viejo community believes this new paseo will become a lifestyle destination for locals and visitors with ample leisure activities.

Construction for the revitalized Mission Viejo Downtown area is set to begin in 2024.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Project Experience
Completion Date: 2025
Project Size: 4.5 Acres
Design Cost: $215,000
Construction Cost: $46M
Client Reference
Keith Rattay
Assistant City Manager/
Director of Public Services
City of Mission Viejo
(949) 470-3014
[email protected]
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27 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
The Gardena Aquatic Center and Senior Center was an outdated existing facility with shuttered Primm Memorial Pool and (2) fourplexes. In 2019, the City determined that the Primm Memorial Pool was no longer operational due to maintenance and safety concerns. Since the time the pool has been non-operational, the City has aquired (2) additional adjacent parcels to expand the site and add a senior center and other recreational amenities. The City of Gardena solicited architectural design teams to renovate the existing facility and design the site expansion.

New programming includes a new 25 yard (8) lane pool, diving bay, connected learner/fitness pool with ADA ramp, new bleachers and shade structures, exercise equipment, and a 12,000 square foot building that will house locker rooms for the pool as well as senior activities.

The goal of the City of Gardena is to design a community-based all-inclusive aquatics center that provides a variety of features, which meet the needs of residents of all ages and demographics. This new facility will provide a wide range of opportunities for the public to enjoy using state-of-the-art design, equipment, and technology to ensure a clean, safe environment.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Landscape Architect: Tyler Page
Gardena Aquatics & Senior Center
Gardena, CA
Project Start/End Dates: 2021-2024 (In progress)
Project Size: 1.1 Acres
Design Cost: $ 1.2M
Construction Cost: $ 15M
Client Reference
Allan Rigg
Director of Public Works
City of Gardena
1700 West 162nd Street
Gardena, CA 90247
(310) 217-9571 | [email protected]
Project Experience

28 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
Initially built approximately 35 years ago, Yorba Linda Adventure Play area was due for an upgrade. A new building and public health codes needed to be addressed as well as the aging infrastructure. The park was just used for summer camps, but the City wanted to make most of the park and open it to the public through out the year. The City was interested in modernizing the facility, but wanted to preserve past elements of the existing park, such as the fort building area. Outdated elements would be transformed into new features that both the public and summer camps could enjoy.

Existing features like fort building, wiffleball play and a waterslide were kept in the new design. New features include a spray play area, elevated tree houses with connecting catwalks, a zipline, and a large shade structure were implemented. The City performed two public input workshops as well as a workshop for the summer camp participants to gain design ideas. The City and RJM Design Group then combined all the input gathered at the workshops into the final design which kept the fort building area (for summer camps) separate from the public area of the new park.

Yorba Linda Adventure Playground
Yorba Linda, CA
Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Completion Date: April 2023
Project Size: 2.5 acres
Design Cost: $552,000
Construction Cost: $6M
Client Reference
Jeff Ruth, Recreation Superintendent
phone: (714) 961-7161
email: [email protected]
Project Experience

29 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
The Bell Gardens Aquatic Center located in Ford Park was built in 1959 and was forced to shut down in 2017 due to failing infrastructure, several maintenance issues and non-compliance to new building codes.

The City of Bell Gardens solicited architectural design teams to renovate the facility and bring up to code.

RJM and their host of selected consultants won the project and are currently in the process of turning this facility into a state-of-the-art aquatic center.

New programming includes new pool house, recreational and competitive swim programs, water fitness, water safety as well as learning and education. Site amenities include a 50-meter competition pool, therapy pool and waterslide. Other amenities include cabana areas, picnic areas, terraced lawn space, trees for shade, outdoor fireplace and seating areas, spectator seating, covered dry land training areas, new landscape and perimeter fencing are also included.

Along with these improvements the aquatic area has more than doubled in size to cater to all the needs for the Community of Bell Gardens.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Landscape Architect: Tyler Page
Bell Gardens Aquatics Center
Bell Gardens, CA
Project Start/End Dates: Jan 2021 - In progress
Project Size: 2.1 Acres
Design Cost: $ 1.6M
Construction Cost: $ 18M
Client Reference
Rozanne Adanto, Director of
Recreation & Community Services
City of Bell Gardens
phone: (562) 806-7650
email: [email protected]
Grissel Chavez
Public Works Director
email: [email protected]
Project Experience

30 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
Orange County’s newest community, Rancho Mission Viejo, is located off Ortega Highway in South Orange County. It is home to a master planned 30 acre sports park unlike any other. Nestled in a natural rolling southern California landscape setting the environmental design of Esencia Sports Park is modeled after ranch industrialized facilities with board form buildings, steel I-beam shade structures, lighting, and landscape.

This rustic sports park offers both private and public amenities including: two (2) baseball fields, one (1) softball field, custom designed restroom and concessions building, one (1) synthetic multi-use field, one (1) playground, two (2) dedicated tennis and eight (8) dedicated pickle ball courts, and parking. Additional passive support amenities include hiking trails, exercise stations, and picnicing.

The sports park also offers community aquatic facilities overlooking the park complete with restrooms, a splash pad, lap swim lanes, open recreational swimming, as well as BBQ and cabana lounge areas. The site itself was designed to eliminate the need for expensive retaining walls while maximizing the buildable area through terraced pads and elevated concourses. The resulting design created hillside terraced seating, and elevated concessions allowing for maximum spectator viewing opportunities in a cost effective manner. The new Esencia Sports Park is designed to fulfill much of the recreational needs identified for this new community.

Esencia Sports Park
Rancho Mission Viejo, CA
Project Team
Principal: Larry P. Ryan
Project Manager: Zachary Mueting
Completion Date: 2020
Project Size: 30 acres
Design Cost: $1,887,600
Construction Cost: $24M
Client Reference
Jennifer Taylor
Senior Project Manager
Rancho Mission Viejo Company
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363 | [email protected]
Project Experience

Project Summary
The Portola Park Dog Park is an approximately 37,000 square foot dog recreation area, accessed via a meandering pathway from the larger Portola Park. The dog park is split into three separate areas for large, small, and single dog use. Decomposed granite paths circle the perimeter of the play areas for easy access and viewing opportunities for pets and owners alike.

Each section of the dog park contains shaded bench seating centrally located for optimal viewing. A drinking fountain and waste receptacle is also provided in each area. The park includes large open play space with plenty of shaded rest spots along the perimeter. Agility equipment allows dog owners to exercise their dogs mentally as well as physically.

Portola Dog Park
Lake Forest, CA
Completion Date: 2020
Project Size: 1.4 acres
Design Cost: $312,500
Construction Cost: $1M
Client Reference
Debra Rose, City Manager
City of Lake Forest
25550 Commercentre Drive, Suite 100
Lake Forest, CA 92630
(949) 461-3414
[email protected]
Project Team
Principal: Larry P. Ryan
Project Manager: Craig Sensenbach & Erik Curran
Project Experience

32 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
The Cordova Park renovation encompassed a complete overhaul of the existing play area, as well as the addition of improvements to the trail system through the neighbouring greenbelt.

Outdated play equipment and safety surfacing was replaced with the latest in modern play features and rubber surfacing, dubbing the new area as “The Hive.” Littered with thematic play elements, interpretive educational signage, color schemes, and even sculptural elements, park visitors are engaged not only physically but intellectually. Hexagonal-shaped conversational seating areas dot the play area like a honeycomb, pulling parents into the acts of play.

Wooden split-rail fences keep children safe by corralling them along the asphalt trails, away from the surrounding residential streets and into the play area. The trails were all re-surfaced and finished with pedestrian lighting to keep the greenbelt safe and visible for residents.

Cordova Park Renovation
Mission Viejo, CA
Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Completion Date: 2018
Project Size: 4 Acres
Design Cost: $44,500
Construction Cost: $1.18M
Client Reference
Keith Rattay
Assistant City Manager
City of Mission Viejo
200 Civic Center Drive
Mission Viejo, CA 92691
(949) 470-3014 | [email protected]
Project Experience

33 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
The renovation of the 3 acre Marguerite Aquatics Center, in combination with the previous improvements made in the Marguerite Tennis Center Expansion, completes the Marguerite Recreation Center for the City of Mission Viejo. The aquatic complex consists of three pools, the activity pool used for swimming lessons, the competition pool used for competitive swimming, and the dive pool complete with the brand new dive tower.

The Marguerite Aquatics Center is the training center and competition home of the Mission Viejo Nadadores, one of the largest swimming and diving clubs in the United States. The club is worldrenown for producing Olympic-caliber athletes, responsible for 20 Olympic Medals, 22 World Records, 91 American Records, 148 National Champions, and 47 National Team Titles.

The new dive tower is the centerpiece to the renovation with the Saddleback Mountains serving as a backdrop. The tower was designed to meet the requirements of synchronized diving competitions, making it the only qualifying tower in Southern California.

Marguerite Aquatics Center
Mission Viejo, CA
Start/End Dates: 2015 - 2018
Services: Conceptual Design,
Design Development,
Construction Documents
Construction Administration
Design Cost: $ 1.5 M
Construction Cost: $ 31.2 M
Relationship/Role: Primary Consultant
Client Reference
Keith Rattay
Assistant City Manager
City of Mission Viejo
(949) 470-3018
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Project Experience

34 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
The Anaheim Convention Center is the largest exhibit facility on the west coast. The Grand Plaza project serves as a gateway and first impression to the Anaheim Convention Center, the Anaheim Hilton, and the Marriott Hotel. RJM Design Group led the project team in charge of developing a pedestrian plaza with 100,000 square feet of outdoor programmable space at the main entrance for the Convention Center.

The 100,000 square foot open air Grand Plaza provides additional outdoor spaces for events, creating a unique theme and lasting impression to the one million annual visitors to the Anaheim Convention Center.

The design is representative of the agricultural roots of Anaheim and Orange County, and the Southern California landscape, complete with three fountains, a “River-of-Light,” Valencia orange trees, date palms and focal sculptural elements. Through the use of state-of-the-art energy-efficient lighting and control systems, the Grand Plaza is the go-to venue for an exciting, festive nighttime experience.

The design process included a stakeholder workshop to solicit design input and to build consensus among the interested groups to include the Convention Center staff, Visitor and Convention Bureau, various City Departments, major Hotel/Restaurants, and Bus and Taxi Service companies.

Anaheim Grand Plaza
Anaheim, CA
Year Delivered: 2015
Project Size: 21,000 SF
Design Cost: $1.36M
Construction Cost: $ 20M
Client Reference
Tom Morton
Executive Director, City of Anaheim
Convention, Sports, & Entertainment
(714) 765-8910
Project Team
Principal: Robert Mueting
Project Manager: Larry Mouri
Project Experience

35 | City of Laguna Hills • On-Call Landscape Architecture Services Project Summary
The Lake Forest Sports Park Master Plan included the acquisition and compilation of four separate parcels of land totalling 100 acres. The park itself covers 86.2 acres with 57 acres of terraced pads devoted to sports field uses.

Recreation elements include five ball fields, two basketball courts, two tot lots, two restroom/concession buildings, batting cages, two synthetic soccer fields, 230,000 SF natural grass area capable of multiple field layouts for tournaments/events, as well as an exercise par course.

The sports park also includes a 25,000 SF Recreation Center as well as a stage area and support infrastructure throughout a 100,000 SF natural grass area designed for large community events.

In addition to the active recreation amenities, sustainable design elements have been woven into the fabric of the sports park. Bio-retention areas collect run off water and treat it before it is released into adjacent streams. Recycled water is used in the restroom buildings reducing the demand on potable water. Additionally, Glass Creek has been designed to preserve all natural systems that previously occupied the site before the park’s development.

Lake Forest Sports Park & Recreation Center
Lake Forest, CA
Project Team
Principal: Larry P. Ryan
Project Manager: Craig Sensenbach
Year Delivered: 2014
Project Size: 86.2 acres
Design Cost: $2.3M
Construction Cost: $35.9M
Client Reference
Debra DeBruhl Rose, City Manager
City of Lake Forest
25550 Commercentre Drive
Lake Forest, CA 92630
(949) 461-3414 | [email protected]
Project Experience

36 | City of Laguna Hills • On-Call Landscape Architecture Services Project Experience
Ontario Town Square
Ontario, CA
Project Summary
RJM Design Group was the Prime Consultant for the Ontario Town Square. The Town Square is a central downtown gathering place and host to a number of community events. Town Square is organized on a diagonal view corridor and pedestrian promenade from the southwest corner of the site at Euclid on axis to the existing library, with pedestrian connections to City Hall. Town Square is designed to be flexible, capable of holding a number of different events and activities throughout the year, while creating a unique retreat for the downtown shopper, worker, and adjacent residences.

Spaces of different scale and atmosphere are developed along the central promenade, spiraling away from the central clock tower focal element. The amphitheater stage with covered shade structure element is located on the east side of the square with large grassy area for amphitheater seating and large open space to provide flexibility for various community events.

Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Project Timeline: 2011-2014
Project Size: 2.17 acres
Design Cost: $850,000
Construction Cost: $5.3M
Client Reference
Roberto Perez - Retired
Philip Marino, Planning Department
City of Ontario
(909) 395-2036
[email protected]

37 | City of Laguna Hills • On-Call Landscape Architecture Services RJM DESIGN GROUP, INC. has established a reputation of integrity and professionalism within the landscape architecture industry. Our due diligence in performing client services begins with our proposal preparation, contract review and negotiation, and carries through to project completion.

We have reviewed the Sample Draft Professional Services Agreement for On-Call Landscape Architectural Services with the City of Laguna Hills. As part of this review, we identify items which may not conform to the terms of our insurance coverage and/or to California Civil Code section 2782.8 which regulates contracts between public agencies and design professionals. Upon selection for this project, we would like to discuss the following requested changes pertaining to the Agreement. All suggested additions and/or deletions to the contract language are in blue.

… discipline in the State of California. Consultant represents and warrants that it is skilled in the …

Consultant represents and warrants that it and all of its employees, subconsultants and …

By executing this Agreement, Consultant represents and warrants that it …

… damage. The policy shall specifically include coverage for owned (if any), non-owned, leased, and hired …

… expert witness fees and reasonable attorneys’ fees and other related costs and expenses.

… recklessness, or willful misconduct of the Consultant, and upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Under no circumstances shall the …

… Agreement shall be the property of City and upon payment in full for services rendered, shall be promptly delivered to City upon request of …

… full rights of ownership of the documents and materials hereunder. However, any use, re-use, or modification of said documents for any purpose other than that intended by this Agreement shall be at City’s sole risk. Consultant may retain copies …
Exceptions

38 | City of Laguna Hills • On-Call Landscape Architecture Services City of Laguna Hills

RFP ON-CALL LANDSCAPE ARCHITECTURE SERVICES
21 1407008.1
ATTACHMENT 1

NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:

1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.

5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.

6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.

8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this ______ day of ______, 2024, at ________________, California.
________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative This executed form must be submitted with proposal.

Non-Collusion Affidavit
11th
July San Juan Capistrano
Larry P. Ryan President

39 | City of Laguna Hills • On-Call Landscape Architecture Services Certificate of Insurance
City of Laguna Hills

RFP ON-CALL LANDSCAPE ARCHITECTURE SERVICES
22 1407008.1
ATTACHMENT 2
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE

WITH INSURANCE REQUIREMENTS FOR

AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.

Consultant:

Name (Please Print or Type)
By:

Consultant’s Signature & Title
Date:

This executed form must be submitted with proposal.

RJM Design Group, Inc.
| President
07-11-2024

40 | City of Laguna Hills • On-Call Landscape Architecture Services City of Laguna Hills

RFP ON-CALL LANDSCAPE ARCHITECTURE SERVICES
23 1407008.1
ATTACHMENT 3

CERTIFICATION OF PROPOSAL

TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition; E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City;
Certification of Proposal

41 | City of Laguna Hills • On-Call Landscape Architecture Services City of Laguna Hills

RFP ON-CALL LANDSCAPE ARCHITECTURE SERVICES
24 1407008.1
H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.

I) The proposal shall be valid for 180 days from May 29, 2024.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.

Executed this ______ day of ______, 2024, at ________________, California.

Name of Proposer:

By:
(Authorized Signature)
Type Name:

Title:

Date:

This executed form must be submitted with proposal.

Certification of Proposal (continued)
Larry P. Ryan
RJM Design Group, Inc.
07-11-2024
11th July San Juan Capistrano
President

42 | City of Laguna Hills • On-Call Landscape Architecture Services RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone

On-Call Landscape Architecture Services
City of Laguna Hills
Revised: August 6, 2024
Schedule of Compensation/Fees

2 | City of Laguna Hills • On-Call Landscape Architecture Services • Schedule of Compensation/Fees Fee Schedule
RJM DESIGN GROUP, INC.

Principal Landscape Architect $220 per hour
Associate Landscape Architect $195 per hour
Landscape Architect / Project Manager $180 per hour
Job Captain / Landscape Designer $165 per hour
CADD Technician / Graphics $150 per hour
Administrative Staff $105 per hour

SVA ARCHITECTS (ARCHITECTURE)
Partners $225 per hour
Principals $210 per hour
Sr. Project Architect / Manager $195 per hour
Sr. Project Designer $195 per hour
Project Architect / Manager $175 per hour
Project Designer $175 per hour
Job Captain $155 per hour
Intermediate Technical Designer $125 per hour
Junior Technical Designer $100 per hour
Administrative Staff $75 per hour

CIVTEC (CIVIL ENGINEER)
Principal $225 per hour
Project Manager $175 per hour
Project Engineer $150 per hour
Project Surveyor $175 per hour
Design Engineer $125 per hour
Draftsperson $95 per hour
Project Assistant $80 per hour
2-Person Survey Crew $350 per hour
3-Person Survey Crew $525 per hour

GLASIR (IRRIGATION)
On-Site Consulting / Public Agency Coordination $145 per hour Irrigation Designer $120 per hour
Plan Check $120 per hour

JONES AND MADHAVEN (AQUATIC DESIGN)
Principal Architect $200 per hour
Principal Mechanical Engineer $200 per hour
Architectural Designer $125 per hour
Mechanical Designer $125 per hour
CAD Draftsperson $95 per hour
Clerical $65 per hour
The hourly rates below apply to all 3 services RJM Design Group is proposing on:

Landscape Architect Services, Plan Check, and Landscape Architecture Design Services

City of Laguna Hills • On-Call Landscape Architecture Services • Schedule of Compensation/Fees | 3 Fee Schedule (continued)
GMU (STRUCTURAL + GEOTECHNICAL ENGINEERING)
Principal Director $290 per hour
Associate Engineer or Geologist $267 per hour
Senior Engineer or Geologist $248 per hour
Project Engineer or Geologist $212 per hour
Senior Staff Engineer or Geologist $188 per hour
Staff Engineer or Geologist $170 per hour
CAD/GIS Design Engineer $128 per hour
Document Preparation and Project Services $110 per hour NEWLINE SKATEPARK INC. (SKATE DESIGN)
Director of Design $150 per hour
Director of Skatepark Civil Engineering $150 per hour
Project Manager $130 per hour
Senior Design / Production $120 per hour
Design / Production $100 per hour
Design 3D Graphics $100 per hour
Charges for sub-consultant services are billed at cost plus of a 15% coordination fee.

REIMBURSABLE EXPENSES
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
• Soils testing
Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed on the page prior.

The hourly rates below apply to all 3 services RJM Design Group is proposing on:

Landscape Architect Services, Plan Check, and Landscape Architecture Design Services

FBA ENGINEERING (ELECTRICAL ENGINEERING)
Principal / Project Director $210 per hour
V.P. / Senior Associate $160 per hour
Associate / Project Manager $160 per hour
Construction Support $135 per hour
Electrical Designer $110 per hour
CAD / BIM Designer $90 per hour
Technical Typist $50 per hour

4 | City of Laguna Hills • On-Call Landscape Architecture Services • Schedule of Compensation/Fees RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone

Item No. 4.18
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 2024
To: Mayor and Council Members
From: Larry Longenecker, Community Development Director Issue: Development Application Status Report
Recommendation: That the City Council receive and file report.

Background:

The purpose of this Status Report is to identify new and pending development applications in process with the City’s Community Development Department which will require a public hearing. Links to project documents are available on the City’s website at: https://lagunahillsca.gov/PlanningProjects.

Pending Development Applications
APPLICATION NO. 1
Case Number USE-0166-2023 (SDP/TPM/PUP/PP)
Project Location 24422 Avenida de la Carlota, Oakbrook Plaza Project Description Request to construct a new 240-unit senior living apartment complex in a 7-story, podium-style development with four residential levels located above four parking levels, including one subterranean parking level. The existing office building on site will remain, with parking for the office building provided in the new parking structure.

Applicant Matt Haugen on behalf of BSP Oakbrook LLC
Project Planner Adam Pisarkiewicz, Contract Planner
Status Application Deemed Complete April 11, 2024. Item will be scheduled for public hearing when ready.

Item No. 4.18
APPLICATION NO. 2
Case Number USE-0110-2022 (CUP/SDP/MSP)
Project Location 25594 Alicia Parkway, Alicia Town Center Project Description Request to construct a new Ralphs fuel station with 5 dispensers (10 pumps) and no convenience store, in a
portion of the existing shopping center parking lot.

Applicant Monique Lacher on behalf of Aliso Equities, Ltd.

Project Planner Jay Wuu, Senior Planner
Status Item will be scheduled for public hearing when ready.

APPLICATION NO. 3
Case Number USE-0147-2023 (SDP)
Project Location 25254 La Paz Road
Project Description Request to construct 180 age-restricted, multiple-family dwelling units within an approximately 61-foot-tall, sixstory building, including two parking levels (one subterranean) with 250 parking spaces.

Applicant Nick Buchanan on behalf of La Paz Village Investors, LLC Project Planner Jay Wuu, Senior Planner
Status Application Deemed Complete April 18, 2024. Item will be scheduled for public hearing when ready.

APPLICATION NO. 4
Case Number USE-0165-2023 (ZTA/TTM/SDP)
Project Location 23272 – 23282 Mill Creek Drive
Project Description Request to construct 48 detached residential condominium units.

Applicant John Stack on behalf of KB Spectrum Summit Plaza, LLC Project Planner Jay Wuu, Senior Planner
Status Application Deemed Complete May 3, 2024. Item will be scheduled for public hearing when ready.

Item No. 4.18
APPLICATION NO. 5
Case Number USE-0172-2024 (CPMA)
Project Location 23521 Paseo de Valencia
Project Description Request to construct carports in the Taj Mahal parking lot to accommodate solar panels.

Applicant Alisha Cosio on behalf of Valta Energy
Project Planner Jennifer Ash, Assistant Planner
Status Application Deemed Incomplete.

Fiscal Impact:

None.

Attachments:

None

Item No. 4.19
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 2024
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: Consideration of Amendment No. 1 to Agreement to Commission Original Art Work for 3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture with Brittany Ryan Studio, LLC.

Recommendation: That the City Council approve and authorize the City Manager to execute Amendment No. 1 to Agreement to Commission Original Art Work for 3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture with Brittany Ryan Studio, LLC.

Background:

In 2008, the Laguna Hills City Council unanimously voted to adopt the 3rd Battalion, 5th Marines, also known as Darkhorse, based at Camp Pendleton, to foster ongoing community support for the battalion's Marines, Sailors, and their families. This initiative led to the formation of Team Darkhorse, a non-profit organization dedicated to supporting the battalion. Over the years, this partnership has strengthened, with the Laguna Hills Memorial Day Half Marathon being named in honor of the Darkhorse Marines in 2012, and the creation of tribute banners to honor fallen Marines.

In 2022, the City Council established the 3/5 Battalion Memorial Ad Hoc Committee (3/5 Ad Hoc Committee) to develop a permanent monument at the Laguna Hills Civic Center. In 2023, the City Council approved an agreement with Brittany Ryan Studio (Artist) to create the sculpture. After several consultations and meetings, a conceptual rendering was selected, and a 30-inch bronze sculpture was presented for final approval by the City Council at the July 9, 2024, meeting. However, the City Council did not approve the final design, determining that additional work was needed, and tabled the item.

Item No. 4.19
The 3/5 Ad Hoc Committee met with the Artist on July 17, 2024, to discuss options for moving forward. Several ideas were exchanged, leading the 3/5 Ad Hoc Committee to select two additional design concepts to pursue: 1) a Single Arch Wall Design and 2) a Five Figures On Patrol Design.

The current Agreement with the Artist does not contemplate additional design services.

Therefore, to proceed, the City and the Artist must enter into Amendment No. 1, which will modify the Scope of Services set forth in Exhibit “A” of the Agreement to include the additional design services. It will also modify the Payment and Payment Schedule set forth in Exhibit “B” of the Agreement to account for the additional design work and deliverables.

As part of the additional design services, the Artist agrees to provide the following deliverables for consideration by the City Council at a future City Council meeting, currently anticipated to be scheduled for November 12, 2024:

A. Single Arch Wall Design Concept

1. A conceptual rendering that includes a drawing of the Single Arch Wall sculpture concept overlaid on a photograph of the proposed new site in front of the flag poles.

2. A revised 30-inch maquette (scale model) of the Single Arch Wall sculpture concept.

3. A budget for the Single Arch Wall sculpture concept.

B. Five Figures on Patrol Design Concept:

1. A conceptual rendering of the Five Figures on Patrol sculpture concept.

2. A 12-inch maquette (scale model) of the Five Figures on Patrol sculpture concept.

3. A budget for the Five Figures on Patrol sculpture concept.

Item No. 4.19
Fiscal Impact:

The City Council allocated $150,000 from the Special Revenue Public Art Funds for the sculpture project. The Agreement outlines five payments as follows:
• Payment 1: $15,000 for the Design Phase – PAID
• Payment 2: $50,000 upon the initiation of the Creating/Sculpting Phase • Payment 3: $25,000 upon the initiation of the Molding Phase • Payment 4: $50,000 upon the initiation of the Casting Phase • Payment 5: $10,000 upon installation of the sculpture and acceptance by the City
Total Payments: $150,000
Amendment No. 1 modifies Payment 2 as follows:
• Payment 2: $50,000

• [$15,000] Progress payment due and payable upon execution of Amendment No. 1 to the Agreement for additional artist rendering services. • [$35,000] Progress payment due and payable upon initiation of the Creating/Sculpting Phase.

Amendment No. 1 does not change the maximum “Artist’s Fee” amount specified in Section 3 (Compensation) of the Agreement.

Attachments:

1. Proposed Amendment No. 1 to Original Work of Art Agreement

2. Original Work of Art Agreement

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AMENDMENT NO. 1

TO AGREEMENT TO COMMISSION ORIGINAL WORK OF ART
Laguna Hills Public Art Program
(3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture) THIS FIRST AMENDMENT to the Agreement to Commission Original Work of Art (the "Amendment" or “Amendment No. 1”) is made and entered into to be effective this 27th day of August 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "City") and BRITTANY RYAN STUDIO, LLC (hereinafter referred to as “Artist"). City and Artist are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as "Parties".

RECITALS
A. City and Artist previously entered into that certain Agreement to Commission Original Work of Art for the 3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture, which was made and entered into on June 27, 2023 (the “Agreement”), and which may be duly amended, in writing, from time to time by the Parties. Section 22 (Entire Agreement) of the Agreement provides that the Agreement may be amended, additional services provided, and additional adjusted fees may be made in writing at any time by mutual written instrument of the Parties.

B. More specifically, under the Agreement the Parties may enter into a written amendment for the purpose of changing and/or providing for additional services and may add to or modify the Scope of Services set forth in Section 1(A) and Exhibit “A” of the Agreement, including any adjustments to artist fees and payment schedule.

C. A determination has been made that additional work and services are now required of the Artist in order to complete the Project; therefore, the City has now determined that there is a need to: (i) amend the Scope of Services, set forth in Section 1(A) and Exhibit “A” of the Agreement in order to provide for additional design services related to the proposed bronze sculpture, which additional work and services were not contemplated by the Parties or included in the original Scope of Services set forth in Exhibit “A” of the Agreement; and, (ii) amend the Payment and Payment Schedule set forth in Section 3 and Exhibit “B” of the Agreement in order to provide for the additional work and services authorized by this Amendment No. 1.

D. Since entering into the Agreement, Artist has successfully completed the first four (4) deliverables of the commissioning process and procedures set forth in Exhibit “A” to the Agreement; however, the City Council has not yet approved of the 30” version of the proposed bronze sculpture and had determined that additional design work is now needed.

E. The Parties now desire to enter into this Amendment No. 1 for the purpose of modifying the Scope of Services set forth in Exhibit “A” of the Agreement to provide for

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additional design services, as well as to modify the Payment and Payment Schedule set forth in Exhibit “B” of the Agreement to account of the additional design work.

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

AGREEMENT

1. Amendment to Exhibit “A”, entitled “Scope of Services,” of the Agreement: Exhibit “A” of the Agreement is hereby amended as follows to provide for additional artist design services, which were not contemplated by the Parties or included in the original Scope of Services at the time the Agreement was entered into:

As part of the redesign Project, the Artist agrees to provide the following additional deliverables for consideration by the City Council at a future City Council meeting, which is currently anticipated to be scheduled for November 12, 2024:

A. Single Arch Wall Design Concept.

1. A conceptual rendering that includes a drawing of the Single Arch Wall sculpture concept overlaid on a photograph of the proposed new site in front of the flag poles.

2. A revised 30-inch maquette (scale model) of the Single Arch Wall sculpture concept.

3. A revised budget for the Single Arch Wall sculpture concept.

B. Five Figures on Patrol Design Concept:

1. A conceptual rendering of the Five Figures on Patrol sculpture concept.

2. A 12-inch maquette (scale model) of the Five Figures on Patrol sculpture concept.

3. A revised budget for the Five Figures on Patrol sculpture concept.

2. Amendment to Exhibit “B”, entitled “Payment and Payment Schedule,” of the Agreement: Payment 2 of Exhibit “B” of the Agreement is hereby amended to include the following payment for additional rendering services, which modifications shall not change the maximum “Artist’s Fee” amount specified in Section 3 (Compensation) of the Agreement:

Payment 2 Amount
$50,000
[$15,000] Progress payment due and payable upon execution of Amendment No. 1 to the Agreement for additional artist
rendering services.

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[$35,000] Progress payment due and payable upon initiation of the Creating/Sculpting Phase.

3. Full Force and Effect. This Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control.

4. Recitals. The above-referenced Recitals are hereby incorporated into this Amendment No. 1 as though fully set forth herein and made part of the Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

5. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Amendment is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Amendment on behalf of the Party for which he/she is signing, (iii) by so executing this Amendment, the Party for which he/she is signing is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
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IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment to the Agreement as of the date first written above.
"CITY"
CITY OF LAGUNA HILLS, a California
municipal corporation
By: ______________________________________
JARAD L. HILDENBRAND,
City Manager
ATTEST:

By:________________________________
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:

By:________________________________
GREGORY E. SIMONIAN,
City Attorney
"ARTIST"
BRITTANY RYAN STUDIO, LLC, a Nevada
Limited Liability Company
By:

Name: BRITTANY RYAN, Artist

AGREEMENT TO

COMMISSION ORIGINAL WORK OF ART
Laguna Hills Public Art Program
(3
rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture)

THIS AGREEMENT FOR CREATION, SALE, AND ASSIGNMENT OF ALL RIGHTS IN ARTISTIC WORK (the "Agreement") is made and entered into as of this 27 th day of June 2023,
by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California ("City"), and BRITTANY RY AN STUDIO, LLC, a Nevada Limited Liability Company ("Artist"). City and Artist are sometimes hereinafter referred to as "Party" and are hereinafter referred to collectively as the "Parties."

RECITALS
A. The City requires the services of an experienced and reputable artist with specialized expertise in designing, creating, and fabricating bronze memorial sculptures for the Laguna Hills Public Art Program.

B. The City wishes to commission the design, creation, and fabrication of a large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3
rd Battalion, 5th Marines (3/5 Battalion) in
celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation's Armed Forces and the special relationship between this marine battalion unit and the City of Laguna Hills (the "Project").

C. The 3/5 Battalion, nicknamed "Darkhorse," is based in nearby Camp Pendleton, was formally adopted by the Laguna Hills City Council in 2008.

D. Artist is qualified by virtue of her experience, education, training, expertise, and reputation to design, create, and fabricate original works or art and to provide the necessary artistic services to City for the Project and has agreed to provide such services, and City desires to retain the services of Artist for the Project.

E. The purpose of this Agreement is to set forth the terms and conditions under which the City will commission and Artist will design, create, and fabricate, and supervise the installation of, an original work of art for the Project consisting of a large-scale bronze sculpture in honor of the 3/5 Battalion to be displayed outdoors in the Laguna Hills Civic Center Plaza, and transfer to City all of the rights in the commissioned artwork created by Artist as hereinafter provided.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
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AGREEMENT
Section 1. Description of Commissioned Art.

A. Commissioned Art. Brittany Ryan is a locally known artist and sculptor ("Artist").

The Artist is hereby commissioned by the City to design, create, fabricate, and supervise the installation of a large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3 rd Battalion, 5
th
Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation's Armed Forces and the special relationship between this marine battalion unit and the City of Laguna Hills (the "Work"). Artist shall perform all services described in the Scope of Services required under this Agreement to the highest professional standards and in a manner reasonably satisfactory to the City. All services rendered under this Agreement shall be provided by Artist in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. The Work shall be a work for hire. The Scope of Services is attached hereto as Exhibit "A" and is incorporated herein by reference.

B. Familiarity with Work. By executing this Agreement, Artist warrants that Artist (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Work should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services and Work under this Agreement.

If the services and Work involve work upon any site, Artist warrants that Artist has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any services hereunder. Should Artist discover any latent or unknown conditions that will materially affect the performance of the services and Work hereunder, Artist shall immediately inform the City Representative of such fact and shall not proceed except at Artist's risk until written instructions are received from the City. Notwithstanding the foregoing, City understands and acknowledges that Artist is not an expert in construction or soil analysis, erosion, or ground settlement and therefore relies on City to select a suitable and appropriate outdoor site for displaying the Work.

Section 2. Artist's Work Schedule.

The Artist shall complete the Work in accordance with the Schedule of Performance attached hereto as Exhibit "C" and incorporated herein by reference, along with any other work schedule and/or project timeline agreed upon in writing by the City and Artist.

Section 3. Compensation.

As full payment for Artist's services for performing the Scope of Services, including the completed Work, and for all rights granted or waived by the Artist pursuant to this Agreement, and subject to the conditions set forth herein, the City shall pay the Artist a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) ("Artist's Fee"). The Artist's Fee is more particularly described in Payment and Payment Schedule, which is attached hereto as Exhibit "B" and is incorporated herein by reference. Payments shall be made by City in accordance with 2 1776546.1

the Payment Schedule set forth in Exhibit "B". City shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deduction from each payment made to Artist. Upon payment, Artist shall sign a written acknowledgement of receipt of said monies and such document shall be incorporated in this Agreement. No claims for additional services performed by Artist that are beyond the Scope of Services will be allowed unless such additional work is authorized by the City in writing prior to the performance of such additional services.

Under no circumstances shall City be required to pay Artist for any services or Work that has not been completed to the reasonable satisfaction of the City.

Section 4. Personnel, Facilities, and Equipment.

Artist agrees that she will be responsible for completing all services described in the Scope of Services and for providing the personnel necessary for such services. Artist shall be solely responsible for the satisfactory work performance of the personnel engaged in performing the services required by this Agreement. Artist shall, at her sole cost and expense, furnish all facilities and equipment that may be required for creating the Work pursuant to this Agreement.

Section 5. Term and Timelines.

Artist shall commence performing the Scope of Services on the Commencement Date (See Exhibit "C", Schedule of Performance) and shall perform all services and produce all Work in conformance with the Schedule of Performance set forth in Exhibit "C", which is attached hereto and is incorporated herein by reference. City acknowledges that any material changes to the Work requested by City, or delays in granting approvals by City, may result in Artist being unable to meet the timelines set forth in Exhibit "C", as such delays are beyond the control of Artist. In the event of such delay, Artist will not be held responsible for a failure to meet the Schedule of Performance set forth in Exhibit "C". This Agreement shall be effective when fully executed by the Parties and shall terminate when the Scope of Services are completed, unless sooner terminated as provided in Section 18 herein.

Section 6. City Representative.

For purposes of this Agreement, the contract administrator and City representative shall be the City Manager (hereinafter the "City Representative"). It shall be the Artist's responsibility to ensure that the City Representative is kept fully informed of the progress made in performance of the services and the production and delivery of the Work pursuant to this Agreement. Artist shall timely refer any decisions which must be made by the City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

Section 7. Transfer of Rights of Reproduction.

Artist hereby transfers all rights of reproduction, as that term is defined in California Civil Code Section 982, in the fine art Work, including but not limited to the right to claim statutory copyright in the Work and the right to reproduce the Work in any manner whatsoever for 3 1776546.1

commercial and non-commercial purposes. Hereinafter, Artist shall not acquire or claim any rights in or to the Work, any uses, reproductions, or derivatives thereof or any proceeds therefrom.

Section 8. Waiver of Moral Rights.

Artist hereby waives, releases, and disclaims any rights, demands, or claims as may arise at any time and under any circumstances against City, its officers, employees, agents, successors, and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal, or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. Section 106A, California Civil Code Section 987 et seq., or any other type of moral right protecting the integrity of works of art. Artist acknowledges and agrees that City, in it sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change, or destroy the Work.

Section 9. Copyrights.

Artist hereby irrevocably assigns exclusively to City, and its successors and assigns, all right, title, and interest in the copyright of the Work, and all extensions and renewals thereof in the United States and in all foreign countries. Artist hereby waives all moral rights relating to each such Work including, but not limited to, any and all rights of identification of authorship and any and all rights of approval, restriction, or limitation on use or subsequent modifications. From time to time upon City's request, Artist shall confirm such assignment by execution and delivery of such assignments, confirmations of assignment, or other written instruments as City may request. City, and its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence ofrights that may be available for the Work.

Section 10. City's Sole and Exclusive Ownership Rights.

A. Ownership of Works. Artist shall not retain ownership of or any right, title, or interest in any of the Work, including, but not limited to, in any related trademarks, copyrights, or other proprietary rights. The Parties agree that the Work and all such rights, title, and interest in or to the Work shall belong to and are being sold and assigned in their entirety to the City for whatever use it desires, and that City does and shall at all times own, solely and exclusively, complete and unencumbered, all right, title, and interest in and to all of the Work worldwide, any modifications thereto and any derivative works based thereon (including, but not limited to, all patent, copyright, trademark, service mark, and trade secret rights). Nothing contained herein shall be deemed to constitute a mere license or franchise in City. The Parties further agree that City will be free to use, modify, distribute, sell, license, or otherwise exploit all such Work and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to Artist and that Artist shall have no such rights.

Section 11. Originality of Work.
4 1776546.1

Artist hereby represents and warrants that (i) the Work is and will be original; (ii) at the time of transfer hereunder, Artist is the sole owner of the Work and of all rights therein including copyright, trademark, and other proprietary rights therein; (iii) Artist is and will be the sole creator of the Work; (iv) Artist has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein;(v) Artist is not under any obligation to transfer or sell any of the Work to any third party; (vi) the Work has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark, or other proprietary rights therein; and (vii) the Work does not and will not infringe any patent, copyright, trademark, or other proprietary rights, privacy rights, or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against Artist ( or, insofar as Artist is aware, against any entity from which Artist has obtained any rights).

Section 12. Risk of Loss.

Artist bears the sole risk of damage to or loss of the Work to be produced by Artist pursuant to this Agreement until such Work is delivered to and received by the artworks foundry, anticipated to be located in Berkeley, California, and the City accepts such Work as satisfactorily completed pursuant to the Scope of Services set forth in Exhibit "A".

Section 13. Maintenance and Warranty of Works.

A. Artist shall provide City with a written description of a recommended routine maintenance program for the Work, if Artist determines that such routine maintenance of the Work may be required.

B. Artist hereby warrants that the Work will be free of defects in workmanship (due to faulty design, fabrication, and/or installation), materials and finish, including inherent vice, and that the Artists will, at the Artist's own expense, remedy, repair, or replace any such defects in workmanship, materials, and finish, including inherent vice, and if necessary replace the Work, which appear within a period of five (5) years of the date the Work is delivered to and accepted by the City. The term "inherent vice," as used in this section, shall mean a quality within the material or materials which comprise the Work which, either alone or combination, results in the tendency of the Work, including without limitation the finish, to deteriorate.

Section 14. Artist's Credit.

Upon written request by the City, a public notice, approved in advance by the City Representative, including the Artist's name and website and mention of the City's sole ownership of the Work, shall be designed by the Artist and publicly displayed with the Work.

Section 15. Indemnification.

To the fullest extent permitted by law, Artist shall defend (at Artist's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers ( collectively the "Indemnified Parties"), from and against any and all 5 1776546.1

liabilities, actions, suits, claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees ( collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Artist's employees, agents, and volunteers included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Artist, her agents, employees, volunteers, or subcontractors, or arise from Artists negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement, but excluding such Claims arising from the negligence, recklessness, or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

Notwithstanding the foregoing, the indemnification under this section shall not include any personal injuries sustained by members of the public or third parties after the Work has been installed at its permanent location in the Laguna Hills Civic Center.

Section 16. Independent Contractor.

Neither City nor any of its employees shall have any control over the manner, mode, or means by which Artist, her agents, employees, or volunteers, perform the services required herein, except as otherwise set forth herein. Artist shall perform all services required herein as an independent contractor of the City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Artist's final work product. Artist shall not at any time or in any manner represent that she or any of her agents or employees or volunteers are agents or employees of City.

Section 17. Addresses for Notices.

Any notice, bills, invoices, demand, or document which any Party is required or may desire to give or deliver to the other hereunder, shall be in writing and may be delivered personally or given by facsimile or overnight courier service, postage prepaid, addressed as follows:

To Artist:

To City:

Brittany Ryan Studios, LLC
Attention: Brittany Ryan, Artist
Laguna Hills, California 92653
City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
Either Party shall have the right to designate a different address by written notice similarly given. Any notice, demand, or documents shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during the party's regular business hours; or (b) the 6 1776546. l

day of delivery if delivered by facsimile during the parties' regular business hours. City assumes no responsibility to search for Artist if Artist cannot be reached at the address of record.

Section 18. Termination.

A. City shall have the right to terminate this Agreement, with or without cause, upon ten (10) calendar days written notice to Artist. If terminated, Artist agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted Work up to the date of receipt of written notice of termination shall become the property of City.

B. In the event of termination of this Agreement by City, due to no fault or failure of performance by Artist, Artist shall be compensated based on the percentage of services satisfactorily performed and/or the Work satisfactorily produced at the time of termination. In no event shall Artist be entitled to receive more than the amount that would be paid to Artist for the full performance of the services and the Work required by this Agreement.

Section 19. Attorneys' Fees.

In the event either Party shall commence any action against the other Party relating to this Agreement, or for the breach of any obligation contained herein, the prevailing Party shall be entitled to recover from the losing Party reasonable attorneys' fees, expenses, and court costs.

Section 20. Prohibition Against Assignment.

Artist shall not delegate, transfer, subcontract, or assign her duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Artist. The City understands and acknowledges that Artist anticipates to have the Work fabricated by a foundry located in Berkeley, California.

Section 21. Successors and Assigns.

The terms of this Agreement shall be binding upon and inure to the benefit of the respective heirs, successors in interest, and assigns of the Parties hereto.

Section 22. Entire Agreement.

This Agreement represents the entire integrated agreement between the City and the Artist, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both the City and the Artist.

Section 23. Severability.

Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court 7 1776546.1

of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 24. Governing Law; Jurisdiction.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the Parties, venue in State trial courts shall be exclusively in Orange County, California. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California.

Section 25. Execution.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

Section 26. Authority.

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

Section 27. Recitals.

The recitals above are hereby incorporated by reference in the Agreement as though fully set forth herein, and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
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EXHIBIT "A"

SCOPE OF SERVICES
COMMISSIONING OF ORIGINAL WORK OF ART: The Artist is hereby commissioned by the City to design, create, fabricate, and supervise the installation of a large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3
rd Battalion, 5th Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation's Armed Forces and the special relationship between this marine battalion unit and the City of Laguna Hills (the "Work").

MEDIUM: Bronze sculpture.

DISPLAY LOCATION: Laguna Hills Civic Center, Outdoor Plaza Area, 24035 El Toro Road, Laguna Hills, California 92653.

DESCRIPTION OF COMMISSIONED ARTWORK: Large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3
rd Battalion, 5th Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation's Armed Forces.

COMMISSIONING PROCESS AND PROCEDURE:
► Artist shall provide City up to five (5) preliminary sketch renderings/drawings of the proposed bronze sculpture for submission to and approval by the City's 3/5 Battalion Memorial Ad Hoc Committee.
► Artist shall participate in a review of the preliminary sketch renderings of the proposed sculpture with the City's 3/5 Battalion Memorial Ad Hoc Committee. ► The final sketch rendering of the proposed bronze sculpture shall be subject to review and approval by the City Council.
► Upon acceptance of the final completed sketch rendering of the proposed bronze sculpture, Artist shall design, create, and fabricate up to two rounds of changes to a 12" maquette for approval by the City's 3/5 Battalion Memorial Ad Hoc Committee. ► Upon approval of the 12" maquette by the City's 3/5 Battalion Memorial Ad Hoc Committee, Artist shall create and fabricate a 30" version of the proposed bronze sculpture for approval by the City Council.
► Upon approval of the 30" version of the proposed bronze sculpture, Artist shall begin the final version of the sculpture.
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► Artist shall be responsible for transportation of the proposed sculpture mold to the artworks foundry.
► City shall be responsible for all costs related to the transportation of the finished bronze sculpture from the foundry to the installation site at the Laguna Hills Civic Center Plaza, including the procurement of insurance.
► City shall be responsible for all costs related to the installation of the finished bronze sculpture, including lighting, leveling, and surrounding landscape, in consultation with Artist. Artist shall supervise the installation of the finished bronze sculpture. ► Upon delivery and installation of the completed Work and acceptance of the by the City, City shall assume ownership and control of the Work.
► Upon completion of the Work, Artist shall provide City with a detailed written schedule and instructions for the routine care, maintenance, and preservation of the Work. All maintenance and routine care shall be the responsibility of the City in all respects. ► Artist shall participate as requested by the City in a ribbon-cutting ceremony and/or media outreach.
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EXHIBIT "B"

PAYMENT AND PAYMENT SCHEDULE
As full payment for Artist's services for performing the Scope of Services, including the completed Work, and for all rights granted or waived by the Artist pursuant to this Agreement, and subject to the conditions set forth in the Agreement, the City shall pay the Artist a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) ("Artist's Fee"), which sum shall include all costs associated with Artist designing, creating, fabricating, supervising the installation of the Work.

Artist will be paid by City the specified installment payments set forth below upon submitting an invoice and documentation substantiating satisfactory completion of each phase of the Work as described below. Each invoice from Artist to City shall include a written progress summary report with a detailed narrative discussion of all project activities and progress occurring during the reporting period, as well as photographic or schematic documentation substantiating completion of each work phase. Progress payments shall be made by City as follows:

Payment 1:

Payment 2:

Payment 3:

Payment 4:

Payment 5:

Total Payments:

Amount
$15,000
Due and payable upon execution of this Agreement and initiation of Design Phase.

Amount
$50,000
Progress payment due and payable upon the initiation of Creating/Sculpting Phase.

Amount
$25,000
Progress payment due and payable upon the initiation of Molding Phase.

Amount
$50,000
Progress payment due and payable upon the initiation of Casting Phase.

Amount
$10,000
Final payment due upon the installation of sculpture and acceptance by City. $150,000
1 1776546.1

EXHIBIT "C"

SCHEDULE OF PERFORMANCE

TIMELINE ACTIVITY ARTIST WORK TIME
DESIGN PHASE Contract Approval Signed June 27, 2023
Design Drawings presented to 1-2 Months
City for approval
12" maquette presented to the 1 Month
City for approval
30" version of Sculpture 1-2 Months
presented to City for approval

SCULPTING
PHASE
Scanning and foam enlargement 1 Month
Final size version of sculpture 6-9 Months

MOLDING&

CASTING PHASE
Molding 1-2 Months
Casting 6-9 Months
FINAL Final installation of sculpture 1 Month
(Overall anticipated timeline 18-27
months)
1 1776546.1

Item No. 5.5.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 2024
To: Chair and Planning Agency Members
From: Jennifer Ash , Assistant Planner
Issue: Conditional Use Permit (CUP) No. USE-0182-2024, a Request by Nikolett Veradi, on Behalf of NKA California LLC, Project Applicant, to Establish a Health Club Use, Coeur Pilates, in an Existing 1,439 Square-Foot Tenant Space Located at 24251 Avenida De La Carlota, B4
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and 3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Conditional Use Permit (CUP) No. USE-0182-2024, a Request by Nikolett Veradi, on behalf of NKA California LLC, Project Applicant, to Establish a Health Club Use, Coeur Pilates, in an Existing 1,439 Square-Foot Tenant Space Located at 24251 Avenida De La Carlota, B4, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”
Background:

Oakbrook Village (“Center”) is a mixed-use commercial center located on the west side of Avenida De La Carlota, north of Los Alisos Boulevard in the Village Commercial zoning district. The Center was originally approved and constructed in the 1970s under the

Item No. 5.5.1
County’s jurisdiction (SP77-9P). In 2012, the City approved a redevelopment plan (SDPM/CUP/PUP-12-11-2137) for the Center, which included up to 489 dwelling units and 82,574 square feet of new commercial/retail space, along with building façade enhancements, pedestrian paseos, and landscaping. In 2018, the City approved a subsequent development plan (SDPM/MSP No. 8-17-3965) which consisted of the demolition of the Lone Star Steakhouse restaurant and the construction of two new commercial/retail buildings in place of it: Building A1 (in-line shops) and Building A2 (Trader Joe’s, relocated from across the parking lot).

The Center currently consists of retail and restaurant uses including Trader Joe’s, See’s Candy, REI, and Woody’s Diner, as well as Reata, a multi-story, mixed-use, 289-unit apartment building. The property maintains coordinated circulation, parking, and landscaping. The tenant space of the proposed health club was previously a retail use and is currently vacant.

Authority:

All development within the Village Commercial zoning district is subject to the Urban Village Specific Plan (“UVSP”). Table 1 Land Use Matrix of the UVSP requires health club uses to obtain a Conditional Use Permit (“CUP”). The process the City must follow in reviewing a CUP for the proposed use is found in Section 9-92.080(C) of the Laguna Hills Municipal Code (“LHMC”).

Staff has prepared findings demonstrating that the proposed CUP complies with the City of Laguna Hills Development Code (Title 9 of the LHMC), Village Commercial (VC) zoning district and the UVSP, and the General Plan, as stated in the Proposed Resolution of Approval (Attachment A). Based on these findings, staff recommends approval of the CUP.

The proposed CUP is consistent with the General Plan’s goals and strategies for the Village Commercial land use designation and the UVSP. Furthermore, the proposed CUP complies with the City of Laguna Hills Development Code. Therefore, staff is recommending approval of CUP No. USE-0182-2024.

Proposal & Analysis:

Nikolett Veradi, on behalf of NKA California LLC, Project Applicant, requests approval of a Conditional Use Permit (CUP) to establish a health club, Coeur Pilates, located at 24251 Avenida De La Carlota, B4, an existing 1,439 square-foot tenant space within the Oakbrook Village shopping center. The Center is owned by Laguna Hills Investment

Item No. 5.5.1
Company, which has authorized the Applicant to apply for the requested entitlement.

The proposed health club will be open Monday through Sunday, generally between 6:00 a.m. to 9:00 p.m., although hours may vary based on class scheduling and instructor availability. The health club will provide 12 Pilates machines, allowing for 12 students per class, and class duration is approximately 50 minutes.

The tenant space will require minimal interior tenant improvements to convert the existing space into a Pilates studio. The proposed floor plan (Attachment C) shows that the Applicant is proposing a pony wall near the front entrance to separate the front lobby and the Pilates machines. There are no proposed exterior modifications other than a wall sign which will be reviewed and submitted under a building permit.

All business activities of the proposed health club will be conducted entirely indoors and interior doors leading to the store shall remain closed to minimize potential noise (Condition of Approval No. 22, Attachment A). Issues related to music that is played during pilates classes are not anticipated to impact adjacent tenants since the music is typically ambient in nature and are not expected to generate any noise concerns.

However, should future excessive noise impacts to adjacent businesses occur, staff has included Condition of Approval No. 23 in the proposed Resolution of Approval authorizing the Community Development Director to bring this CUP back to the Planning Agency to consider additional conditions, amended conditions, or revocation in the event of significant adverse noise or other public disturbance complaints.

Therefore, no noise impacts are expected.

Parking Analysis
The total tenant space for the proposed health club is 1,439 square feet. According to LHMC Section 9-44.050, restroom and utility areas are exempt from parking requirements. The proposed floor plan indicates that a total of 68 square feet are for restroom, leaving 1,371 square feet subject to the parking requirements of LHMC Table 9-44.A. The parking requirement for ‘Health Club is one parking stall per 100 square feet of gross floor area (GFA). Therefore, the proposed health club has a parking requirement of 14 parking stalls, as shown below in Table 1:

Table 1: Proposed Health Club Parking Requirements
Use Area Parking Requirement
Total Tenant Space 1,439 SF
Restroom (not subject to parking requirements) 68 SF
Health Club (parked at 1 space per 100 SF of Area) 1,371 SF 14 Stalls

Item No. 5.5.1
A Parking Use Permit (SDPM/CUP/PUP-12-11-2137) was approved for the Center in 2012 by the Planning Agency. As stated in Condition of Approval No. 32 of the approved PUP, if there is any change to the Center such as a change of tenant mix, the Community Development Director can request an updated parking study to address the impacts on the Center. In January 2021, an updated Parking Study conducted by RK Engineering Group was approved by the Community Development Director. This study concluded that the parking inventory at the Center is 692 parking stalls, with an overall parking demand of 623 parking stalls, resulting in a surplus of 69 parking stalls. The previous use of the subject tenant space was a retail store (former See’s Candy location), and required seven parking stalls. The proposed health club requires 14 parking stalls, which increases the parking demand for the proposed tenant space.

While the proposed health club does intensify parking, the Center as a whole will maintain a parking surplus of 62 parking stalls. Therefore, adequate parking exists at the Center to accommodate the proposed business.

Conclusion:

Staff supports approval of the proposed CUP, as conditioned. The proposed health club complies with all requirements of the General Plan, and is consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Village Commercial designation is envisioned as a master planned area (Urban Village Specific Plan area) to establish a community core where commercial, civic, and high density residential are provided. The health club is compatible with the General Plan’s description of the desired uses, by providing a variety of services to the area residents. The proposed health club is permitted with a CUP in the Village Commercial zone and will comply with the UVSP and will be conducted entirely inside the tenant space. Conditions of Approval have been added to ensure the proposed health club will comply with the Laguna Hills Noise Ordinance. The proposed CUP complies with all requirements of the LHMC, Village Commercial zoning district, UVSP and General Plan. Therefore, staff recommends approval of CUP No. USE-0182-2024.

Public Notice:

The proposed project was advertised in an adjudicated newspaper of general circulation on August 15, 2024. A total of 48 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date no comments have been received by staff.

Item No. 5.5.1
CEQA Findings:

Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities). This exemption applies to the permitting or minor alteration of existing structures.

Fiscal Impact:

None.

Attachments:

1. Attachment 1 Proposed Resolution of Approval

2. Attachment 2 Letter of Justification

3. Attachment 3 Floor Plan

1 RESOLUTION NO. PA2024-X

A RESOLUTION OF THE PLANNING AGENCY OF THE CITY

OF LAGUNA HILLS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. USE-0182-2024, A

REQUEST BY NIKOLETT VERADI, ON BEHALF OF NKA

CALIFORNIA LLC, PROJECT APPLICANT, TO ESTABLISH A
HEALTH CLUB, COEUR PILATES, IN AN EXISITNG 1,439
SQUARE-FOOT TENANT SPACE LOCATED AT 24251
AVENIDA DE LA CARLOTA, B4, INCLUDING AN

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) PER CEQA GUIDELINES SECTION
15301 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA
CODE OF REGULATIONS (CLASS 1, EXISTING FACILITIES)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Nikolett Veradi on behalf of NKA California LLC (the “Applicant”) has filed an application for Conditional Use Permit (CUP) No. USE-0182- 2024 to establish a health club, Coeur Pilates, at 24251 Avenida De La Carlota, B4, in the Village Commercial (VC) zoning district; and

WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations. This exemption applies to the permitting or minor alteration of existing structures; and WHEREAS, on August 27, 2024, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF

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

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

SECTION 2. That the required findings by the City for approval of CUP No. USE0182-2024 have been met and are made as follows:

Resolution No. PA2024-

4878-5332-2458, v. 1
Conditional Use Permit

1. The proposed use is consistent with the General Plan.

The proposed use complies with all requirements of the General Plan, and is consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Village Commercial is envisioned as a master planned area (Urban Village Specific Plan area) to establish a community core where commercial, civic, and high density residential are provided. In addition, typical uses allowed include those uses allowed by the Village Commercial designation which consist of services uses, retail sales, professional and medical office uses. The proposed health club is compatible with the General Plan’s description of the desired uses in the Village Commercial zone and the Urban Village Specific Plan, which implements the Village Commercial land use designation.

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

The tenant space is located in the Village Commercial (VC) zoning district.

All development within this zoning district is subject to the Urban Village Specific Plan. The project site is located along Avenida De La Carlota, north of Los Alisos Boulevard. The surrounding area consists of Interstate 5 freeway to the north, the Village at Laguna Hills property (previous Laguna Hills mall site) to the west, commercial uses and Meridian Laguna Hills assisted living facility to the south and commercial uses and Reata Apartments to the east. The project site consists of seven buildings, which comprise the “Oakbrook Village” shopping center. The uses in the project site consist of a mix of services uses, retail, restaurants, and residential.

The proposed health club will be conducted entirely inside the proposed tenant space ensuring compatibility with the center and surrounding uses.

Conditions of Approval No. 21, 22 and 23 are included to ensure the proposed project will comply with Laguna Hills Noise Ordinance and not create a public disturbance or nuisance conditions.

3. 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.

As described above, surrounding uses include restaurants, commercial, retail and service uses, and residential. There are 692 parking spaces located on the project site. The project site is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The existing

Resolution No. PA2024-

4878-5332-2458, v. 1
improvements are sufficient to serve the use and ensure it is properly integrated with existing uses in the vicinity through existing shared improvements on the project site such as utilities, parking, landscaping, and pedestrian and vehicular access. The proposed use is a typical service use found in other shopping centers in Laguna Hills and does not require any unique or unusual site improvements to operate. The use will operate entirely within the confines of an existing tenant space on the project site, and the Applicant will make necessary tenant improvements to the tenant space to operate the use.

4. All required development standards prescribed by the Development Code can be achieved.

The site is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The existing improvements are sufficient to serve the use consisting of existing shared improvements on the site such as utilities, parking, landscaping, and pedestrian and vehicular access which comply with the City’s development standards, or will comply as conditioned. The proposed health club will be located within an existing building, and tenant upgrades are proposed to serve the use.

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.

Conditions of approval are included to ensure that the use is compatible with adjacent uses. Such conditions include that the business shall comply with the noise standards of the City of Laguna Hills Noise Ordinance (Condition 21), all business activities shall take place within the tenant space (Condition 22), and the Planning Agency may reconsider the CUP if the City receives significant adverse noise or other public disturbance complaints related to the use (Condition 23). These conditions help to ensure that the health club will not adversely affect adjacent uses due to excess noise.

NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve CUP No. USE-0182-2024 subject to the following conditions:

General

1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: NKA California LLC, the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.

Resolution No. PA2024-

4878-5332-2458, v. 1

2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Conditional Use Permit (CUP) No. USE-0182-2024, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the Project, and as otherwise modified by these Conditions of Approval.

3. Unless the context dictates otherwise, whenever the term “Project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the Project, as modified by these Conditions of Approval, including but not limited to the following:
application form (submitted June 6, 2024), letter of justification (dated June 6, 2024), and Site Plan/Floor Plan (dated June 6, 2024).

4. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, attorneys, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures), judgments, orders and decisions (collectively "Claims" and “Actions”), brought against the Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or approval issued by the Indemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the approval of this Permit. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the Indemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.

5. Approval of this Permit constitutes approval of the proposed Project only to the extent that it complies with the City’s Development Code and any other applicable zoning regulations. Approval does not include any action or findings as to compliance or approval of the Project regarding any other applicable ordinance, regulation, or requirement.

Resolution No. PA2024-

4878-5332-2458, v. 1

6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.

7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.

8. The conditions of Project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or exactions. The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this Project through the Conditions of Approval, commencing from the date of approval of the Project, has begun.

9. Pursuant to City Council Resolution No. 2017-07-11-2, the Applicant shall reimburse the City for any outstanding staff time spent on the processing of this Permit within 60 days of the Planning Agency’s approval.

10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from August 27, 2024.

11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.

Permitting

12.The Applicant shall be responsible for ensuring applicable building permits are obtained, as required by the 2022 California Building Code, prior to commencement of any work for which a permit is required.

13.All construction shall comply with 2022 California Building, Plumbing, Mechanical, Electrical, Green, and Energy Codes with regard to the applicable occupancy group if applicable. Any work being done will require a full set of plans prepared by a licensed architect/engineer.

14.At the time of document submittal for permit issuance, the Applicant shall demonstrate compliance with California Disabled Accessibility requirements, as required by Chapter 11 of the California Building Code if applicable.

15.The Applicant shall comply with all general construction water quality requirements, as required by the LHMC 5-36.

16.The Applicant shall submit Construction and Demolition Waste Recycling Program paper work if applicable, prior to issuance of permits, as required by

Resolution No. PA2024-

4878-5332-2458, v. 1
Laguna Hills Municipal Code Chapter 5-48 and to comply with mandates of CalRecycle.

17.All documents required for permit issuance shall be accurately labeled and reflect all work, as required by the 2022 California Building Code.

18.Prior to issuance of building permits, the Applicant shall apply for a Certificate of Use and Occupancy (COUO), and the Applicant shall obtain the Certificate before conducting operations.

19.The Applicant is advised that the business will need to comply with CalRecycle’s requirements of AB 1826 (Mandatory Commercial Organics Recycling), SB 1383 (Short-Lived Climate Pollutants), and AB 341 (Mandatory Commercial Recycling).

20.That prior to the issuance of a certificate of occupancy, the Applicant shall subscribe to and provide evidence of enrollment in the organics recycling services provided by the City’s franchise waste hauler, in order to comply with California State Senate Bill 1383 and California Assembly Bill 1826, for the recycling and disposal of organic waste including any food waste.

Operations

21.All business activities shall comply with the noise standards of the City of Laguna Hills Noise Ordinance (LHMC 5-24) at all times.

22.All business activities shall be conducted entirely indoors and exterior doors will not be propped open except momentarily for deliveries and similar business operations. No business activities whatsoever shall be permitted to occur outside.

23.In the event the City receives noise or other public disturbance complaints in connection with the use authorized by this Permit, the Community Development Director shall investigate such complaints and, if significant adverse noise or other nuisance conditions are found to exist, including noise emanating from the Applicant's business establishment that cause significant adverse impacts on one or more properties, or that significantly increase the ambient noise levels in the vicinity above levels existing without the Project, the Community Development Director may bring this Permit back to the Planning Agency to consider imposing additional conditions, amending or revising conditions, or revoking this Permit.

Resolution No. PA2024-

4878-5332-2458, v. 1
PASSED, APPROVED, AND ADOPTED this August 27, 2024.
________________________________

DAVE WHEELER, CHAIR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. PA2024- adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 27th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

JENNIFER LEE, CITY CLERK

Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 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.

Background:

The following are recent meetings and events attended by the City Council for their City Council Committee Assignments.

Orange County Transportation Authority (OCTA)
Citizens Advisory Committee
Mayor Wheeler
July 16, Regular Meeting
Association of California Cities - Orange County (ACC-OC) Legislative & Regulatory Committee
Mayor Wheeler
July 25, Regular Meeting
August 22, Regular Meeting
Orange County Older Adults Advisory Commission (OCOAAC) Mayor Wheeler
August 9, Regular Meeting

Item No. 9.1
Orange County Fire Authority (OCFA)
Board of Directors
Mayor Pro Tempore Sweeney
July 25, Regular Meeting
Transportation Corridor Agencies (TCA)
Board of Directors
Council Member Heft
August 8, Joint Board Meeting
Orange County Mosquito and Vector Control District (OCMVCD) Board of Trustees
Council Member Pezold
August 15, Regular Meeting
Fiscal Impact:

The City does not provide any additional compensation to City Council Members for serving on outside agency boards or committees.

Attachments:

1. OAAC Info Blast

officeonaging.ocgov.com
(714) 480-6450
FOLLOW US! @OCOoA @oc_ooa

ORANGE COUNTY

OLDER ADULTS ADVISORY COMMISSION
The Orange County (OC) Older Adults Advisory Commission (OAAC) advises the County on matters affecting older adults in OC. OAAC comprises 40 volunteer members, including local elected officials, healthcare professionals, supportive service providers, community leaders, and the general public.

JOIN OAAC
The Commission meets at 9:30 a.m. on the second Friday of each month, except in July and December, at Easterseals (1063 McGaw Ave. #100, Irvine).

Everyone is welcome and encouraged to attend!
For more information or to join the Commission, visit bit.ly/oc-oaac.

GENERAL BENEFITS INFORMATION FOR VETERANS AND
DEPENDENTS RECAP: AUGUST 9, 2024
Veterans can access a comprehensive suite of benefits to support their health, education, housing, and financial well-being. The OC Veterans Service Office (VSO) offers expert guidance and assistance to help Veterans maximize these benefits. Whether dealing with health care, disability claims, or education, the VSO provides indispensable support in navigating the VA system.

Visit the VSO website at veterans.ocgov.com or call (714) 480-6555.

Listen to the presentation here: bit.ly/oc-oaac
OAAC hosts a monthly presentation during commission meetings to share information on services and resources for older adults, people with disabilities, and caregivers.