City of Laguna Hills
City Council / Planning Agency
Regular Meeting Agenda
Tuesday, September 10, 2024 - 7:00 PM
(Closed Session at 6:00 PM when scheduled)
City Council Chamber
24035 El Toro Road
Laguna Hills, CA 92653
Dave Wheeler
Mayor
Joshua Sweeney
Mayor Pro Tempore
Don Caskey
Council Member
Janine Heft
Council Member
Erica Pezold
Council Member
In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary. It is City policy to limit public testimony to up to three minutes per person, an overall time limit of twelve minutes for any one subject, and a total time limit of thirty minutes for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item.
Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk by 5:00 p.m. on Tuesday, September 10, 2024. In the subject line of the email, please state your name and the item number you are commenting on. Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 5:00 p.m. on Tuesday, September 10, 2024. Email comments will NOT be read by the City Clerk during the meeting. Electronic public comments may only be submitted via email and comments via text and social media (Facebook, X (formerly Twitter), etc.) will not be accepted.
For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email.
General Business Convening at 7:00 PM
Call to Order
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.
Invocation: Bishop Scott Mckeon of Laguna Hills Ward of the Church of Jesus Christ of Latter-day Saints
Pledge of Allegiance
Roll Call of City Council Members
1. Presentations and Proclamations
1.1 Appointment of Laguna Hills High School Student Liaison Dylan Vu for the 2024 Fall Semester.
Recommendation: That Mayor Wheeler present a Certificate of Appointment to Laguna Hills High School Fall 2024 Student Liaison Dylan Vu.
1.2 Laguna Hills High School Student Liaison Report
Recommendation: That the City Council receive a report from Laguna Hills High School 2024 Fall Student Liaison Dylan Vu.
1.3 World Alzheimer's Awareness Month
Recommendation: That the City Council issue a Proclamation declaring the month of September 2024 as World Alzheimer's Month and that Mayor Wheeler present the Proclamation to Dan Daley, Healthcare Outreach Specialist.
2. Schedule of Future Events
2.1 Schedule of Future Events
Recommendation: That the Deputy City Clerk announce the upcoming meetings and events.
3. Public Comments
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, an overall time limit of twelve minutes for
any one subject, and a total time limit of thirty minutes. Clarification questions from the City Council will not count against time limits. Speaker’s responses are limited to one minute.
4. Consent Calendar
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for August 27, 2024, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the August 27, 2024, Regular Meeting.
4.3 Approval of Minutes for August 27, 2024, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the August 27, 2024, Regular Meeting.
4.4 Ratification of September 10, 2024 Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from August 16, 2024, to August 29, 2024, in the amount of $408,645.29.
4.5 Update of City Council Policy 317 - Public Facility Reservation & Use Policy, Related to the Use of City Facilities such as Community Center Rooms, Parks, Athletic Fields, Courts, and Gymnasium
Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Adopting Updates to City Council Policy No. 317."
4.6 2024 Holiday Event Series Update
Recommendation: That the City Council receive and file the report.
4.7 Proposed First Amendment to Civic Center Office Lease with Fay Blix, an individual dba The Law Offices of Fay Blix, for 24031 El Toro Road, Suite 301, Laguna Hills, California
Recommendation: That the City Council: 1) Approve the first amendment to the lease agreement with Fay Blix, an individual dba The Law Offices of Fay Blix, for 24031 El Toro Road, Suite 301, Laguna Hills, California; and 2) Authorize the City Manager to make minor modifications, as necessary, to the first amendment to the lease agreement and to execute the first amendment to the lease agreement.
4.8 Award of Public Works Construction Contract for the Laguna Hills Community Center Carpeting Replacement Project, CIP No. 513-B Recommendation: That the City Council: 1) Award the Public Works Construction Contract for the for the Laguna Hills Community Center Carpeting Replacement Project, CIP No. 513-B, to the lowest responsive bidder, Floor Covering Unlimited, Inc., in the amount of $52,242.88; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) Reject all other bids; and 4) Authorize the City Manager to sign the Public Works Construction Contract.
4.9 Response to the June 20, 2024, Orange County Grand Jury Report Entitled "E-bikes Friend or Foe."
Recommendation: That the City Council: 1) Approve the attached response to the Orange County Grand Jury’s report; 2) Authorized the Mayor to sign the response letter; and 3) Direct the City Manager to submit the response
4.10 Resolution Establishing City Council Policy 102-Procedure for Order of Authority
Recommendation: That the City Council adopt a Resolution entitled: A resolution of the City Council of the City of Laguna Hills, California, establishing City Council Policy No. 102 regarding a procedure for order of authority.
Items Removed from the Consent
Calendar
5.1 Roll Call of Planning Agency Members
5.2 Public Comments
This is the time to address the Planning Agency on any matters not listed on this Agenda this is within the subject matter jurisdiction of the Planning Agency. Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes
5.3 Approval of Minutes
5.4 Administrative Reports
5.5 Planning Agency Public Hearings
5.5.1 Conditional Use Permit/Site Development Permit/Master Sign Program (CUP/SDP/MSP) No. 0110-2022, a Request by Monique Lacher, on behalf of Aliso Equities, Ltd. for Approval of a Conditional Use Permit, Site Development Permit, and Master Sign Program Amendment to Construct a New Ralphs Fuel Station in the Alicia Town Center Located at 25594-25632 Alicia Parkway
Recommendation: That the Planning Agency:
1)
2)
3)
Conduct a public hearing; and,
Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-fill Development Projects); and,
Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Conditional Use Permit/Site Development Permit/Master Sign Program No. 0110-2022, a Request by Monique Lacher, on behalf of Aliso Equities, Ltd., for Approval of a New Ralphs Fuel Station in the Alicia Town Center, Located at 25594-25632 Alicia Parkway, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-fill Development Projects)”.
5.6 Planning Agency Adjournment
6. City Council Public Hearings
6.1 Proposed Update to City's Traffic Violator Apprehension Program Fee Recommendation: That the City Council:
1)
2)
Conduct a public hearing; and
Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Updating the City's Traffic Violator Apprehension Program Fee Repealing Resolution No. 2021-10-12-5, and Finding that the Action is Statutorily Exempt from the California Environmental Quality Act (CEQA) Per Section 15273 of the CEQA Guidelines and Public Resources Code Section 21080(B)(8)."
7. Administrative Reports
7.1 Proposed Reader Board at the Corner of Alicia Parkway and Paseo de Valencia
Recommendation: That the City Council:
1)
2)
3)
4)
Approve the conceptual design of the proposed reader board at the corner of Alicia Parkway and Paseo de Valencia;
Establish CIP No. 318 for the proposed project;
Authorize the Finance Director to amend the budget by allocating $525,000 from the General Fund Reserves into CIP No. 318; and
Authorize City staff to develop construction plans and documents.
7.2 Proposed Street Name Sign Replacements
Recommendation: That the City Council:
1) Approve one of the proposed conceptual street name sign designs; 2) Authorize City staff to develop bid documents for the procurement and installation of the street name signs Citywide; and 3) Authorize the Finance Director to amend the budget by transferring $200,000 from General Fund Reserves to CIP No. 153.
8. Matters Agendized and Presented by City Council Members
8.1 Consideration of a Policy to Ban the Installation and Use of Artificial Turf on City-owned properties in the City of Laguna Hills
Recommendation: Council Member Pezold recommends that the City Council direct staff to prepare the policy and return at the September 24, 2024, meeting for final approval.
9. City Council Member Committee Reports
9.1 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.
10. City Council Member Comments
Adjournment
The next Regular Meeting of the City Council/Planning Agency will be September 24, 2024, at 7:00p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.
CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by September 5, 2024, at 5:00p.m.
It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please contact the office of the City Clerk at (949) 707 2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours. In addition, such writings or documents will be made available for public review on the City’s website at: https://www.lagunahillsca.gov/supplementalagenda and at the respective public meeting.
City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.
CITY OF LAGUNA HILLS
CERTIFICATE OF APPOINTMENT
be it known that
DYLAN VU
on September 10, 2024, took the
Oath of Office
and on this date began serving as the ,
STUDENT bIAISON
for the City of Laguna Hills
Dated this 10th day of September 2024.
DAVE WHEELER, MAYOR
CITY OF LAGUNA HILLS
PROCLAMATION
WORLD ALZHEIMER'S AWARENESS MONTH
SEPTEMBER 2024
WHEREAS, the Nation, State of California and City of Laguna Hills observe World Alzheimer's Month during the month of September; and WHEREAS, Alzheimer's disease, a progressive neurodegenerative brain disorder, tragically robs individuals of their moments and leads to progressive mental and physical impairments; and
WHEREAS, more than 164,000 residents in Orange County and over 6 million Americans are currently living with Alzheimer's disease; and WHEREAS, Alzheimer's disease is the third leading cause of death in Orange County; and
WHEREAS, since 1982, the mission of Alzheimer's Orange County is to provide hands-on care and support, information, referrals, education and resources for fa mi lies in Orange County and surrounding areas who experience memory loss, Alzheimer's and other dementias.
NOW, THEREFORE, I, Dave Wheeler; Mayor, on behalf of the City Council of the City of Laguna Hills, California, do, hereby proclaim the month of September 2024, as World Alzheimer's Awareness Month in the city of Laguna Hills. . .
Dated this 27th day of August 2024.
DAVE WHEELER, MAYOR
Item No. 2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Kayle McDonald, Deputy City Clerk
Issue: Schedule of Future Events
Recommendation: That the Deputy City Clerk announce the upcoming meetings and events
Meetings:
City Council/Planning Agency Regular Meetings
Tuesday, September 24, 7:00 p.m., Laguna Hills Civic Center Council Chamber Tuesday, October 8, 7:00 p.m., Laguna Hills Civic Center Council Chamber Parks and Recreation Commission Regular Meetings
Wednesday, October 2, 7:00 p.m., Laguna Hills Civic Center Council Chamber Events:
27th Annual Inner-Coastal & Watershed Cleanup Day
Saturday, September 21, 9:00 a.m.–12:00 p.m., Meet at Laguna Hills Community Center Global Harmony Symphony - Moment Musicale Chamber Series Tuesday, September 24, 11:30 a.m., Laguna Hills Community Center & Sports Complex 3rd Annual Heritage Day Fall Festival
Saturday, September 28, noon – 6:00 p.m., Laguna Hills Community Center & Sports Complex
Rooted Campaign Planting Event
Saturday, October 12 from 9:00 a.m. -12:00 p.m., location TBD
ORANGE COUNTY STORMWATER
POLLUTION PREVENTION PROGRAM.
“THE OCEAN BEGINS AT YOUR FRONT DOOR”
Wear appropriate clothes including closed-toe shoes or hiking boots.
Please, no sandals or open toed shoes.
Bring gardening or work gloves if you have them.
Remember your sunscreen and a hat!
This event is held in conjunction with California Coastal Clean-Up Day.
Come join your neighbors in helping to keep our Community beautiful! What: Take pride in our community and help clean up local creeks, watersheds, and trails to preserve the beauty of our community.
When: Saturday, September 21, 2024, 9:00 a.m. – 12:00 p.m.
Where: Laguna Hills Community Center (Meeting Location) 25555 Alicia Parkway, Laguna Hills, CA 92653
Who: Volunteers / Community Groups / Residents / Families Laguna Hills Community Center
Directions: From Interstate 5, exit Alicia Parkway
and turn west. Travel to Community Center Drive
and turn right. Turn left into the parking lot.
= Meeting location. Look for the booth setup in
front of the community center.
For more information, please visit
www.lagunahillsca.gov
or contact Samantha Vu in the Public Works
Department at (949) 707-2657.
Individuals and groups may pre-register by email to
[email protected].
GLOBAL HARMONY SYMPHONY
PRESENTS
Featuring Special Guests: Flucello
Antonina Styczen, Flutist
Pola Benke, Cellist
Free Admission - Free Parking
Suggested Donation - $10
For additional information:
[email protected]
www.globalharmonysymphony.com
Livestream link:
https://www.youtube.com/@globalharmony
symphony4666/streams
Moment Musicale
Tuesday, September 24, 2024
Doors open: 11:30am
Performance starts: 12 Noon
Laguna Hills Community Center
25555 Alicia Pkwy, Laguna Hills
FallFestival
LAGUNA HILLS
HERITAGE DAY
SATURDAY, 28 SEPT 12:00 PM-6:00 PM
Laguna Hills Sports Complex
25555 Alicia Parkway
SPONSORED BY:
lagunahillsca.gov
FUN FOR ALL - FOOD - MUSIC - GAMES -
PETTING ZOO - HISTORICAL
REENACTMENTS - BEER GARDEN - EXPO -
SHEEP SHEARING
City of Laguna Hills
City Council
Special Meeting
Minutes
Tuesday, August 27, 2024
Call to Order
The meeting was called to order at 4:01 p.m. by Mayor Wheeler.
Roll Call of City Council Members
Present:
Mayor Dave Wheeler
Mayor Pro Tempore Joshua Sweeney
Council Member Don Caskey
Council Member Erica Pezold
Absent:
Council Member Janine Heft
Public Comments
There were no public comments on the special meeting items.
City Council Workshop Items
1 Consideration of Procedure for Order of Authority Policy Recommendation: Mayor Wheeler recommends that the City Council direct staff to prepare the policy and return at the September 10, 2024, meeting for final approval.
Mayor Wheeler provided information on the item.
City Manager Hildenbrand responded to Council Member requests for additional information.
City Attorney Simonian responded to Council Member requests for additional information.
A motion to approve the recommendation was moved by Mayor Wheeler, seconded by Mayor Pro Tempore Sweeney.
City Council Special Meeting Minutes
Tuesday, August 27, 2024
2 Result: Approved
Yes 4, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Pezold
Nays: None
Abstain: None
2 Update of City Council Policy 317 - Public Facility Reservation & Use Policy, Related to the Use of City Facilities such as Community Center Rooms, Parks, Athletic Fields, Courts, and Gymnasium
Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Adopting Updates to City Council Policy No. 317".
Community Development Director Reynolds reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.
City Attorney Simonian responded to Council Member requests for additional information.
A motion to approve the proposed changes to the policy and bring the item back for final approval of the Resolution at the next regular meeting was moved by Mayor Wheeler, seconded by Council Member Caskey.
Result: Approved
Yes 3, No 1, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey
Nays: Council Member Pezold
Abstain: None
3 Inclusionary Housing Program Overview and Policy Discussion Recommendation: That the City Council receive the staff presentation, provide feedback, and provide direction regarding a potential inclusionary housing ordinance for City Council consideration.
Larry Longenecker reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.
City Council Special Meeting Minutes
Tuesday, August 27, 2024
3 City Attorney Simonian responded to Council Member requests for additional information.
A motion to accept the report and to retain consultant Keyser Marston Associates to provide a detailed financial feasibility analysis as described in the staff report was moved by Council Member Pezold, seconded by Council Member Caskey.
Result: Approved
Yes 3, No 0, Abstained 1
Ayes: Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Pezold
Nays: None
Abstain: Mayor Dave Wheeler
Adjournment
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 5:51 p.m.
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Dave Wheeler, Mayor
Approved at meeting of September 10, 2024.
City of Laguna Hills
City Council / Planning Agency
Regular Meeting
Minutes
Tuesday, August 27, 2024
General Business Convening at 7:00 PM
Call to Order
The meeting was called to order at 7:00 PM by Mayor Wheeler.
Invocation: Elder Clay Wilemon of Christ Community Church Pledge of Allegiance: Council Member Heft
Roll Call of City Council Members
Present:
Mayor Dave Wheeler
Mayor Pro Tempore Joshua Sweeney
Council Member Don Caskey
Council Member Janine Heft
Council Member Erica Pezold
Absent:
1. Presentations and Proclamations
1.1 Appointment of Laguna Hills High School Student Liaison Ann Pham and Alternate Forrest Frey for the 2024 Fall Semester.
Mayor Wheeler presented Certificates of Appointment to Laguna Hills High School Fall 2024 Student Liaison Ann Pham and Alternate Forrest Frey.
1.2 Laguna Hills High School Student Liaison Report
The City Council received a report from Laguna Hills High School 2024 Fall Student Liaison Ann Pham.
1.3 Wildfire Awareness & Prevention Season Proclamation The City Council issued a Proclamation declaring mid-summer to early-autumn 2024 as "Wildfire Awareness and Preventions Season" and Mayor Pro Tempore Sweeney presented the Proclamation to Michael Summers, Division Chief, Orange County Fire Authority.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
2 2. Schedule of Future Events
2.1 Schedule of Future Events
City Clerk Lee announced the upcoming meetings and events.
3. Public Comments
The following individual(s) provided public comments on non-agendized items:
Carol Moore, Laguna Woods City Council Member
Babak Shahrestani, Laguna Hills Resident
Dawn Ford, Laguna Hills Resident
4. Consent Calendar
A motion to approve the Consent Calendar with Item No. 4.9, Item No. 4.10, and Item No. 4.13 removed by Mayor Wheeler and Item No. 4.19 removed by Council Member Pezold and Mayor Wheeler, was moved by Council Member Heft, seconded by Council Member Pezold.
Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for July 9, 2024, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the July 9, 2024, Regular Meeting.
4.3 Ratification of August 27, 2024 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the periods from June 29, 2024, to August 15, 2024, in the amount of $4,763,005.33.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
3 4.4 Treasurer's Investment Report for June 2024
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of June 2024.
4.5 Treasurer's Investment Report for July 2024
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of July 2024.
4.6 Resolution Establishing the Principal Civil Engineer Classification and Senior Public Works Inspector Classification along with Salary Ranges and Benefits for the Positions within the Bargaining Unit Covered by the Memorandum of Understanding with the Laguna Hills City Employees Association Recommendation: That the City Council adopt Resolution No. 2024-08-27-1: "A Resolution of the City Council of the City of Laguna Hills, California, Establishing Principal Civil Engineer Classification and Senior Public Works Inspector Classification along with Salary Ranges and Benefits within the Bargaining Unit Covered by the Memorandum of Understanding with the Laguna Hills City Employees Association."
4.7 City's Conflict of Interest Code Update
Recommendation: That the City Council adopt Resolution No. 2024-08-27-2: "A Resolution of the City Council of the City of Laguna Hills, California, Adopting an Updated Conflict of Interest Code and Rescinding Resolution No. 2022-09-13-1.
4.8 Designation of Voting Delegate for League of California Cities Annual Conference
Recommendation: That the City Council appoint the Mayor as the Voting Delegate and appoint the Mayor Pro Tempore as the Voting Delegate Alternate for the League of California Cities Annual Conference.
4.11 Response to the June 11, 2024 Orange County Grand Jury Report Entitled "Talking Trash: Recyclables and Organic Waste."
Recommendation: That the City Council: 1) Approve the attached response to the Orange County Grand Jury's report; 2) Authorize the Mayor to sign the response letter; and 3) Direct the City Manager to submit the response.
4.12 Rejection of Bid Proposals for Laguna Hills Civic Center Suite 205 Tenant Improvements Project, CIP No. 505-B
Recommendation: That the City Council reject all bid proposals received for the Laguna Hills Civic Center Suite 205 Tenant Improvements Project, CIP No. 505-B.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
4 4.14 Informal Bidding Ordinance Use Quarterly Report
Recommendation: That the City Council receive and file the report.
4.15Notice of Completion and Final Payment for the Phase XII Water Quality Project, CIP No. 412-L
Recommendation: That the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $12,500.00, if no liens have been filed.
4.16Approval of Proposed Professional Services Agreements for On-Call Civil Engineering, Project Management, and Support Services with: a) Ardurra Group, Inc.; b) HR Green Pacific, Inc.; c) Hunsaker & Associates Irvine, Inc.; d) KDM Meridian; e) NV5, Inc.; f) TAIT & Associates, Inc.; and g) W.G.
Zimmerman Engineering, Inc.
Recommendation: That the City Council: 1) Approve the proposed Professional Services Agreements for On-Call Civil Engineering, Project Management, and Support Services with: a) Ardurra Group, Inc.; b) HR Green Pacific, Inc.; c) Hunsaker & Associates Irvine, Inc.; d) KDM Meridian; e) NV5, Inc.; f) TAIT & Associates, Inc.; and g) W.G. Zimmerman Engineering, Inc.; and 2) Authorize the City Manager to execute the Agreements.
4.17Approval of Proposed Professional Services Agreements for On-Call Landscape Architecture Services with: a) Nuvis; b) Richard Fisher Associates; and c) RJM Design Group, Inc.
Recommendation: That the City Council: 1) Approve the proposed Professional Services Agreements for On-Call Landscape Architecture Services with: a) Nuvis; b) Richard Fisher Associates; and c) RJM Design Group, Inc.; and 2) Authorize the City Manager to execute the Agreements.
4.18 Development Application Status Report
Recommendation: That the City Council receive and file report.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
5 Items Removed from the Consent Calendar
4.9 2024 Memorial Day Race Post Event Report and a Resolution Authorizing Community Assistance Funding for the 3/5 Marine Support Committee Recommendation: That the City Council: 1) Receive and file the report; and 2) Adopt Resolution No. 2024-08-27-3: “A Resolution of the City Council of the City of Laguna Hills, California, Authorizing Community Assistance Funding for the 3rd Battalion, 5th Marines, 1st Division Support Committee, a California Non-Profit Corporation.”
Mayor Wheeler removed Item No. 4.9 from the Consent Calendar to request additional information.
Deputy City Manager Reynolds responded to Council Member requests for additional information.
Community Services Manager Gannon responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Mayor Wheeler, seconded by Council Member Pezold.
Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.10 2024 Fourth of July Celebration Post Event Report
Recommendation: That the City Council receive and file the report.
Mayor Wheeler removed Item No. 4.10 from the Consent Calendar to request additional information.
Community Services Manager Gannon responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Mayor Wheeler, seconded by Council Member Pezold.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
6 Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.13 Authority to Advertise Arterial Highway Rehabilitation Project – Paseo de Valencia and La Paz Road, CIP 104 and 109, and Curb Ramp Replacement Project – Alicia Parkway
Recommendation: That the City Council: 1) Approve the plans and specifications for the Arterial Highway Rehabilitation Project – Paseo de Valencia and La Paz Road, CIP 104 and 109, and Curb Ramp Replacement Project – Alicia Parkway; 2) Authorize the advertisement for bids for the Arterial Highway Rehabilitation Project – Paseo de Valencia and La Paz Road, CIP 104 and 109, and Curb Ramp Replacement Project – Alicia Parkway; 3) Authorize the City Engineer to make edits to the plans and specifications as necessary; 4) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - “Existing Facilities.”
Mayor Wheeler removed Item No. 4.13 from the Consent Calendar to request additional information.
Public Works Director/City Engineer Ames responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Mayor Wheeler, seconded by Council Member Pezold.
Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
7 A motion to reconsider Item No. 4.18 was moved by Mayor Wheeler, seconded by Council Member Pezold.
Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.18 Development Application Status Report
Recommendation: That the City Council receive and file report.
Community Development Director Longenecker responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Council Member Pezold, seconded by Council Member Caskey.
Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.19 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.
Council Member Pezold and Mayor Wheeler removed Item No. 4.19 from the Consent Calendar to request additional information.
A motion to approve staff's recommendation was moved by Council Member Pezold, seconded by Council Member Heft.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
8 Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
5. Planning Agency
Mayor Wheeler recessed the City Council Meeting, and acting in capacity as Chair, called the Regular Meeting of the Planning Agency of the City of Laguna Hills, California, to order at 7:57 p.m.
5.1 Roll Call of Planning Agency Members
Present:
Chair Dave Wheeler
Vice Chair Joshua Sweeney
Agency Member Don Caskey
Agency Member Janine Heft
Agency Member Erica Pezold
Absent:
5.2 Public Comments
There were no public comments for the Planning Agency on non-agendized items.
5.3 Approval of Minutes
The Planning Agency Minutes are approved by the City Council.
5.4 Administrative Reports
There were no Planning Agency administrative reports.
5.5 Planning Agency Public Hearings
5.5.1 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;
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
9 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 Resolution No. PA2024-08-27-1: “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).” Jennifer Ash reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Agency Member requests for additional information.
Chair Wheeler opened the public hearing.
Property Owner, Paul Tanguay, Fritz Duda Company, spoke in favor of the project and responded to Agency Member requests for additional information.
Project Applicant, Nikolett Veradi, responded to Agency Member requests for additional information and agreed to abide by the conditions of approval.
Chair Wheeler closed the public hearing.
A motion to approve staff's recommendation was moved by Council Member Caskey, seconded by Council Member Pezold.
Result: Approved
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
5.6 Planning Agency Adjournment
Chair Wheeler adjourned the Planning Agency Meeting at 8:09 p.m. and reconvened the City Council Meeting. All Council Members were present in Chamber.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
10 6. City Council Public Hearings
There were no City Council public hearings.
7. Administrative Reports
7.1 City Manager
The City Manager provided no administrative reports.
8. Matters Agendized and Presented by City Council Members There were no matters agendized by City Council Members.
9. City Council Member Committee Reports
9.1 Committee Assignment Reports
The City Council received reports from City Council Members on the City Council Committee Assignments listed in the staff report.
10. City Council Member Comments
Mayor Wheeler
Mayor Wheeler requested a discussion regarding sending a letter to the Department of Motor Vehicles (DMV) in opposition to the Laguna Hills branch closure.
Mayor Wheeler requested the City reach out to the Florence Sylvester Senior Center to advertise their programs on the City's website.
Council Member Pezold
Council Member Pezold requested a discussion on an artificial turf policy be agendized for the September 10, 2024, regular meeting and received a second from Council Member Caskey.
Council Member Pezold requested a discussion on the potential hazards of eucalyptus trees be agendized for a future meeting and received a second from Council Member Heft.
Council Member Pezold requested social media posts to highlight future agenda reports.
Council Member Pezold reported that she is working on e-bike social media posts.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, August 27, 2024
11 Council Member Pezold indicated her desire for the City to develop a multi-year strategic plan.
Mayor Pro Tempore Sweeney
Mayor Pro Tempore Sweeney reported on the August 18, 2024, OCFA Brews for a Cause fundraiser for fallen firefighters held at GameCraft Brewing Co.
Council Member Caskey
Council Member Caskey requested that all Council Members sign the DMV closure opposition letter.
Council Member Caskey provided comments regarding eucalyptus trees and asked that we request input from the Orange County Fire Authority (OCFA) and the City's Parks and Recreation Commission.
Council Member Caskey provided comments regarding strategic planning.
Council Member Heft
Council Member Heft agreed with Council Members Caskey's request to have all Council Members sign the DMV closure opposition letter and requested the letter to be prepared prior to the next City Council meeting.
Mayor Wheeler
Mayor Wheeler requested information on the upcoming Heritage Day event.
Adjournment
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 8:44 p.m.
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Dave Wheeler, Mayor
Approved at meeting of September 10, 2024.
Item No. 4.4
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Ratification of September 10, 2024 Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from August 16, 2024, to August 29, 2024, in the amount of $408,645.29.
Background:
The City issues accounts payable disbursements on a regular basis and presents it to the City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from August 16, 2024, to August 29, 2024, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.
Fiscal Impact:
Ratification of the accompanying Warrant Register includes disbursements totaling $408,645.29.
Attachments:
1. Warrant Register - September 10, 2024
2. Payables Detail Report - September 10, 2024
Payment Amount
8,400.00
2,699.76
1,290.00
795.00
25.00 65.00
15,000.00
145.00
937.89
20.10 500.00
913.00
1,514.38
1,116.47
1,869.25
7,785.82
103,990.00
386.56
5,349.81
1,574.81
6,172.63
1,596.97
6,228.00
2,757.61
5,680.84
10,000.00
334.05
642.60
25,421.21
950.00
525.00
730.00
15,458.27
161.52
1,867.00
70,314.09
37,485.15
360.00
22.38 340.00
107.46
249.80
8,000.00
64.00 1,057.06
12,935.27
500.00
587.87
9,675.00
4144 Y-2655 YACHTY BY NATURE 08/29/2024 2,000.00
Total Regular: 376,601.63
9/3/2024 1:46:21 PM Page 1 of 3
4141 Z-CS-0493 VERONICA LARES 08/29/2024
4142 W-2450 WEX BANK 08/29/2024
4143 W-2452 WSP USA ENVIRONMENT AND INFRASTRUCTURE INC 08/29/2024 4138 S-1980 STATE DEPARTMENT OF JUSTICE ACCOUNTING OFFICE 08/29/2024 4139 S-2209 STUDIO TWO BLACK DIAMOND 08/29/2024
4140 R-1888 THE RITZ COMPANIES 08/29/2024
4135 S-1904 SOUTHERN CALIFORNIA EDISON 08/29/2024
4136 S-2250 SPARKLETTS 08/29/2024
4137 S-2107 STAGE PLUS 08/29/2024
4132 S-2331 SKYLINE PEST CONTROL 08/29/2024
4133 S-2330 SOCALGAS 08/29/2024
4134 S-2323 SOUTH COAST FAMILY MEDICAL CENTER, INC. 08/29/2024 4129 R-1977 RJ ELECTRIC 08/29/2024
4130 R-1806 RJM DESIGN GROUP, INC. 08/29/2024
4131 S-1902 SAN DIEGO GAS AND ELECTRIC 08/29/2024
4126 O-1528 OCTA 08/29/2024
4127 O-1613 ONTARIO REFRIGERATION SERVICE, INC. 08/29/2024 4128 R-1985 REGIONAL FIRST AID, INC 08/29/2024
4123 M-1302 MOULTON NIGUEL WATER DISTRICT 08/29/2024
4124 N-1496 NOTIFICATIONMAPS.COM, LLC 08/29/2024
4125 N-1487 NUVIS LANDSCAPE ARCHITECTURE 08/29/2024
4120 L-1362 LAGUNA HILLS TEAM DARK HORSE 08/29/2024
4121 M-1612 MINUTEMAN PRESS 08/29/2024
4122 M-1388 MOBILE MINI, INC. 08/29/2024
4117 H-0960 HR GREEN PACIFIC, INC. 08/29/2024
4118 I-0960 IRV SEAVER MOTORCYCLES 08/29/2024
4119 J-1057 JAMEY CLARK, INC. 08/29/2024
4114 F-0725 FASTSIGNS OF LAKE FOREST 08/29/2024
4115 H-0829 HARTZOG AND CRABILL, INC. 08/29/2024
4116 H-0934 HOME DEPOT 08/29/2024
4111 D-0583 DMS FACILITY SERVICES, LLC 08/29/2024
4112 E-0504 EL TORO WATER DISTRICT 08/29/2024
4113 E-0615 ELECTRO SYSTEMS ELECTRIC 08/29/2024
4108 D-0572 DAILY JOURNAL CORPORATION 08/29/2024
4109 D-0541 DIAMOND ENVIRONMENTAL SERVICES, LP 08/29/2024 4110 Z-CD-0479 DIAMOND STAR ASSOCIATION, INC 08/29/2024 4105 Z-CS-0494 CARLOS LOPEZ 08/29/2024
4106 C-1190 COUNTY OF ORANGE 08/29/2024
4107 C-0023 COX COMMUNICATION 08/29/2024
4102 C-0333 CALIFORNIA PARK & RECREATION SOCIETY, INC. 08/29/2024 4103 C-1177 CANON FINANCIAL SERVICES, INC. 08/29/2024
4104 C-1220 CARDENAS, JESSICA 08/29/2024
4099 A-0310 ARBOR DAY FOUNDATION 08/29/2024
4100 B-0222 BILL'S SOUND AND SECURITY 08/29/2024
4101 B-0452 BRITTANY MARIE RYAN 08/29/2024
4096 A-0138 ALL CITY MANAGEMENT, INC. 08/29/2024
4097 Z-CD-0464 AMERICAN SUPREME ROOFING 08/29/2024
4098 A-0392 AQUATICO 08/29/2024
Payment Type: Regular
4095 A-0388 ABTECH TECHNOLOGIES, INC. 08/29/2024
Warrant Register - September 10, 2024
City of Laguna Hills, CA By Check Number
Date Range: 08/16/2024 - 08/29/2024
Check Number Vendor Number Vendor Name Payment Date
Payment Amount
6,708.00
7,224.00
18,111.66
95 53 0.00 408,645.29
9/3/2024 1:46:21 PM Page 2 of 3
Bank Drafts 13 3 0.00 32,043.66
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
32,043.66
Bank Code 1 - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 82 50 0.00 376,601.63
DFT0002910 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 08/29/2024 DFT0002917 U-2170 US BANK CORPORATE PAYMENT SYSTEMS 08/19/2024 Total Bank Draft:
Warrant Register - September 10, 2024 Date Range: 08/16/2024 - 08/29/2024 Check Number Vendor Number Vendor Name Payment Date
Payment Type: Bank Draft
DFT0002907 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 08/16/2024
998 Pooled Cash & Investments 8/2024 408,645.29
408,645.29
9/3/2024 1:46:21 PM Page 3 of 3
95 53 0.00 408,645.29
Fund Summary
Fund Name Period Amount
Bank Drafts 13 3 0.00 32,043.66
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 82 50 0.00 376,601.63
Warrant Register - September 10, 2024 Date Range: 08/16/2024 - 08/29/2024
Amount
9/3/2024 1:47:01 PM Page 1 of 8
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 08.06.24 CEAOC, 8/5/24 100-355-611000 118.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 08.06.24 Amazon 100-355-622000 13.78
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 08.06.24 Amazon 100-355-622000 143.20
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3772) 08.06.24 Home Depot 100-310-645500 34.35 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 08.06.24 Home Depot 100-195-910000 1,772.47 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 08.06.24 Amazon 100-225-622000 49.45
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3772) 08.06.24 CDW Govt 100-195-940000 435.60
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3772) 08.06.24 Starbucks 100-310-622000 46.00
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3772) 08.06.24 Starbucks 100-310-622000 24.00
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 08.06.24 Home Depot 100-355-622000 59.06 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 08.06.24 Smartlink 100-355-720700 620.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3772) 08.06.24 CDW Govt 100-195-940000 1,836.88 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Smart and Final 100-310-695513 48.26 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Event Listing Fee 100-310-695531 49.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Baker Party Rentals 100-310-695531 2,365.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Home Depot 100-310-695513 59.10 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Smart and Final 100-310-695513 87.95 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Terra Mia Pizzeria 100-310-695513 127.15 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Orange County Jumpers 100-310-695508 1,977.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 TK Burgers 100-310-695512 515.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 4Imprint, Inc 100-310-695512 808.67 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Target 100-310-622005 26.85
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Smart and Final 100-310-622005 32.67 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Tuttle Click Ford 100-310-646100 73.84 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 CPRS District 10 100-310-611000 10.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Ralphs 100-310-622005 10.00
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 08.06.24 Smart and Final 100-310-622005 12.40 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 08/16/2024 - 08/29/2024
Payment Date Vendor Name Payable Number Description (Item) Account Number Fund: 100 - General Fund
08/16/2024 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5808 Private Security Patrol, 7/30/24 -
8/11/24
100-420-720850 6,708.00
Amount
9/3/2024 1:47:01 PM Page 2 of 8
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Ralphs 100-310-695503 19.95
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Dollar Tree 100-310-695503 2.69 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Ralphs 100-310-695503 10.32
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Ralphs 100-310-695503 82.88
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Panda Express 100-310-695503 64.87 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Pick Up Stix 100-310-695503 61.47 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Amazon 100-310-695503 32.93
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Terra Mia Pizzeria 100-310-695503 161.09 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Terra Mia Pizzeria 100-310-695503 112.60 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Autodesk 100-195-720050 505.00
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Amazon 100-310-620500 36.38
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Costco 100-310-622005 31.96
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7941) 08.06.24 CSMFO, OC Chapter Meeting 100-155-612000 50.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Dell Business Online 100-195-621000 70.03 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Vizual Symphony, Aug '24 100-195-720050 1,040.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6171) 08.06.24 Smart and Final 100-155-622000 164.31 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 08.06.24 Harbor Freight Tools 100-355-622000 7.52 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 08.06.24 Home Depot 100-355-720401 9.96
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Smart and Final 100-310-695505 68.47 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Dark Harbor 100-310-695505 224.91 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Newport Dunes 100-310-695505 15.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Ralphs 100-310-622005 28.95
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Costco 100-310-622005 31.96
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Home Depot 100-310-645500 11.82 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Party City 100-310-620500 10.75 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Ralphs 100-310-622005 124.34
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Pavilions 100-310-622005 23.42
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Metricool, 7/30/24 - 6/30/25 100-155-626000 495.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 CPRS District 10 100-310-611000 10.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Exxon Circle K 100-310-613100 60.01 Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 08.06.24 Ansafone Communications 100-355-630000 198.64 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 08.06.24 Metricool, 7/1/25 - 7/30/25 100-000-140000 45.00
Amount
08/29/2024 MOULTON NIGUEL WATER DISTRICT 081524 Utilities - Water, 7/9/24 - 8/12/24 100-355-635000 24,746.74 9/3/2024 1:47:01 PM Page 3 of 8
08/29/2024 CALIFORNIA PARK & RECREATION
SOCIETY, INC.
081424 Membership, Community Services, FY
25/26
100-000-140000 60.42
08/29/2024 CALIFORNIA PARK & RECREATION
SOCIETY, INC.
081424 Membership, Community Services, FY
24/25
100-310-610000 84.58
08/29/2024 MOULTON NIGUEL WATER DISTRICT 081524 Utilities - Water, 7/9/24 - 8/12/24 100-310-635100 586.31 08/29/2024 SAN DIEGO GAS AND ELECTRIC 081324 Utilities - Electric, 6/7/24 - 7/9/24 100-355-631000 10,827.80 08/29/2024 SAN DIEGO GAS AND ELECTRIC 081324a Utilities - Electric, 7/1/24 - 7/31/24 100-356-631400 15,155.14 08/29/2024 SAN DIEGO GAS AND ELECTRIC 081324a Utilities - Electric, 7/1/24 - 7/31/24 100-356-631900 738.23 08/29/2024 COX COMMUNICATION 080524 T-1 Line, 8/5/24 - 9/4/24 100-195-630000 845.70 08/29/2024 COX COMMUNICATION 080724 Traffic Signal, 8/7/24 - 9/6/24 100-195-630000 84.00 08/29/2024 SAN DIEGO GAS AND ELECTRIC 081324 Utilities - Electric, 6/7/24 - 7/9/24 100-310-631100 10,763.98 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 Zoom 100-225-626000 149.90
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 Jiffy Lube 100-225-646100 273.37 08/29/2024 DIAMOND ENVIRONMENTAL
SERVICES, LP
0005395080 July 4th Restrooms, Jul '24 100-310-695508 1,869.25 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 Home Depot 100-225-622000 53.81 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 Intelius 100-225-626000 4.99
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 Intelius 100-225-626000 24.86
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Terra Mia Pizzeria 100-420-695000 79.20 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 APA California 100-225-611000 650.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (9031) 08.06.24 APA California 100-225-611000 650.00 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 3.16 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 In-N-Out 100-420-695000 162.43
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Parlor at Stafford Prime 100-420-695000 155.87 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 6.62 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 9.71 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 3.16 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 3.46 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 3.46 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Toll Roads of OC 100-420-646100 3.46 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 IACP 100-420-611000 500.00
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Amazon 100-420-622000 97.72
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 08.06.24 Amazon Prime 100-420-626000 16.15 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Ralphs 100-310-695503 33.74
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Ralphs 100-310-695503 20.05
08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Ralphs 100-310-695503 22.37
Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Dollar Tree 100-310-695503 2.69 08/19/2024 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 08.06.24 Dollar Tree 100-310-695503 13.57
Amount
08/29/2024 EL TORO WATER DISTRICT 6448140-15581 Water Usage, Public Works, 7/8/24 - 8/13/24
100-355-635000 386.56
9/3/2024 1:47:01 PM Page 4 of 8
08/29/2024 HOME DEPOT 6024098 Build-A-Fort, Jul '24 100-310-695503 264.24 08/29/2024 RJ ELECTRIC 63014 Concert in the Park - Electrical, Aug 100-310-695513 935.00 08/29/2024 RJ ELECTRIC 63152 Electric Repairs, Aug '24 100-355-720701 375.00 08/29/2024 BILL'S SOUND AND SECURITY 44529 Passcode Change, Aug '24 100-310-630100 65.00 08/29/2024 MINUTEMAN PRESS 492 Street Pole Banners, Aug '24 100-355-720401 334.05 08/29/2024 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5812 Private Security Patrol, 8/12/24 -
8/25/24
100-420-720850 7,224.00
08/29/2024 STAGE PLUS 375424-1 Laguna Hills 2 Concert Stage & Sound, Jul '24 100-310-695513 4,000.00 08/29/2024 HOME DEPOT 3971477 Build-A-Fort, Jul '24 100-310-695503 830.85 08/29/2024 WSP USA ENVIRONMENT AND
INFRASTRUCTURE INC
40075378 Professional Services, NPDES Support,
Jul '24
100-355-700000 9,675.00
08/29/2024 HOME DEPOT 3643701 Build-A-Fort, Aug '24 100-310-695503 12.47 08/29/2024 AQUATICO 372-272 Fountains/Water Features
Maintenance, Aug '24
100-310-645500 795.00
08/29/2024 STAGE PLUS 374724-1 Laguna Hills 1 Concert Stage & Sound, Jul '24 100-310-695513 4,000.00 08/29/2024 CANON FINANCIAL SERVICES, INC. 34512994 Lease - Copier SN 2HT04285, 8/1/24 - 8/31/24
100-195-641200 253.84
08/29/2024 CANON FINANCIAL SERVICES, INC. 34512995 Lease - Copier SN 2KS02091, 8/1/24 - 8/31/24
100-195-641200 317.82
08/29/2024 HOME DEPOT 3614290 Build-A-Fort, Jul '24 100-310-695503 166.81 08/29/2024 SKYLINE PEST CONTROL 315685 Pest and Rodent Control, Aug '24 100-310-645500 360.00 08/29/2024 CANON FINANCIAL SERVICES, INC. 34512001 Copier Usage SN 2XK05658, 7/1/24 - 7/31/24
100-195-641200 62.37
08/29/2024 CANON FINANCIAL SERVICES, INC. 34512001 Copier Lease SN 2XK05658, 8/1/24 - 8/31/24
100-195-641200 303.86
08/29/2024 SOUTH COAST FAMILY MEDICAL
CENTER, INC.
2363 Recruitment, Jul '24 100-195-617000 340.00
08/29/2024 HARTZOG AND CRABILL, INC. 24-0525(HCI#3502) Traffic Signal Mgmt Services, Jul '24 100-356-700101 6,172.63 08/29/2024 NUVIS LANDSCAPE ARCHITECTURE 27495 Professional Services, LEG-0016-2024, Jul '24
100-000-223000 525.00
08/29/2024 IRV SEAVER MOTORCYCLES 20241870 Motorcycle Maintenance, Police Svcs, Aug '24
100-420-646100 402.96
08/29/2024 REGIONAL FIRST AID, INC 204599 Operating Supplies, Aug '24 100-195-622000 161.52 08/29/2024 THE RITZ COMPANIES 224775 Janitorial Services, Aug '24 100-310-721505 12,935.27 08/29/2024 FASTSIGNS OF LAKE FOREST 2016-18929 Heritage Day Posters, Aug '24 100-310-695531 1,252.60 08/29/2024 FASTSIGNS OF LAKE FOREST 2016-18953 Concert Signage, Aug '24 100-310-695513 174.56 08/29/2024 IRV SEAVER MOTORCYCLES 20241781 Motorcycle Maintenance, Police Svcs, Aug '24
100-420-646100 2,354.65
08/29/2024 HOME DEPOT 13097 Build-A-Fort, Jul '24 100-310-695503 245.18 08/29/2024 HR GREEN PACIFIC, INC. 178264 Public Works Permit Inspections, Jul '24
100-355-700255 6,228.00
08/29/2024 ELECTRO SYSTEMS ELECTRIC 19682 Electric Repairs, Comm Ctr, Aug '24 100-310-645500 5,349.81 08/29/2024 NOTIFICATIONMAPS.COM, LLC 104546697 Notification Package, Mill Creek Dr, Aug '24
100-355-700000 525.00
08/29/2024 NOTIFICATIONMAPS.COM, LLC 104546698 Notification Package, North Laguna Hills, Aug '24
100-355-700000 425.00
08/29/2024 SPARKLETTS 12194330 081424 Operating Supplies, Comm Ctr, 7/24/24 - 8/12/24
100-310-622005 249.80
08/29/2024 ARBOR DAY FOUNDATION 082824 Membership, Public Works, FY 24/25 100-355-610000 25.00 08/29/2024 STUDIO TWO BLACK DIAMOND 101633 Printing Services, Business Cards, Aug '24
100-195-623000 37.71
08/29/2024 STUDIO TWO BLACK DIAMOND 101693 Printing Services, Envelopes, Aug '24 100-195-623000 1,019.35 08/29/2024 CARDENAS, JESSICA 082624 Mileage Reimbursement, Aug '24 100-310-613000 20.10 08/29/2024 YACHTY BY NATURE 082624 Summer Concert Series, 8/9/24 100-310-695513 2,000.00 08/29/2024 LAGUNA HILLS TEAM DARK HORSE 082824 Cmmnty Assistance, 3/5 Committee for 2024 Marathon
100-310-695507 10,000.00
08/29/2024 COX COMMUNICATION 081724 T-1 Line, 8/17/24 - 9/16/24 100-195-630000 584.68 08/29/2024 SOUTHERN CALIFORNIA EDISON 082124 - Acct #700076000453 Utilities - Electric, 7/1/24 - 8/20/24 100-356-631400 107.46 08/29/2024 MOULTON NIGUEL WATER DISTRICT 082224 Utilities - Water, 7/16/24 - 8/19/24 100-355-635000 88.16 Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 08/29/2024 SOCALGAS 081624 Utilities - Gas, Comm Ctr, 7/15/24 - 8/14/24
100-310-632500 22.38
Amount
Fund: 401 - Public Art Fund
08/29/2024 BRITTANY MARIE RYAN 082824 Dark Horse Memorial Sculpture Progress Pymt Amnd 1
401-310-900000 15,000.00
Fund 401 - Public Art Fund Total: 15,000.00
9/3/2024 1:47:01 PM Page 5 of 8
Fund 307 - Construction & Demolition Forfeited Deposits Fund Total: 147.65 Fund: 311 - Quimby Act Park In-Lieu Fee (VALH) Fund
08/29/2024 RJM DESIGN GROUP, INC. 36579 Cabot Park Rehabilitation, CIP #241, Jul '24
311-000-790600 22,864.91
08/29/2024 RJM DESIGN GROUP, INC. 36580 Veeh Ranch & San Remo Rehab, CIP #241, Jul '24
311-000-790600 47,449.18
Fund 311 - Quimby Act Park In-Lieu Fee (VALH) Fund Total: 70,314.09 Fund 100 - General Fund Total: 322,626.55
Fund: 212 - Measure M2 Fund
08/29/2024 RJ ELECTRIC 63133 Electric Repairs, El Toro Bus Shelter, Aug '24
212-355-720400 557.00
Fund 212 - Measure M2 Fund Total: 557.00
Fund: 307 - Construction & Demolition Forfeited Deposits Fund 08/29/2024 FASTSIGNS OF LAKE FOREST 2016-18959 Code Enforcement Door Tags - Trash Containers
307-355-700000 147.65
08/29/2024 DIAMOND STAR ASSOCIATION, INC USE-0130-2023 USE-0130-2023, Deposit Refund, REC009518-2023100-000-223000 3,428.81 08/29/2024 DIAMOND STAR ASSOCIATION, INC USE-0131-2023 USE-0131-2023, Deposit Refund, REC009519-2023100-000-223000 4,357.01 08/29/2024 ABTECH TECHNOLOGIES, INC. W205243-IN Computer Consulting Services, Aug 100-195-700090 8,400.00 08/29/2024 ONTARIO REFRIGERATION SERVICE,
INC.
CM44916M a HVAC Maintenance, 7/1/24 - 8/31/24 100-310-645500 1,334.67 08/29/2024 DMS FACILITY SERVICES, LLC RC-T001038 Landscape Services, Jul '24 100-355-720700 103,990.00 08/29/2024 COUNTY OF ORANGE SH 69336 Fingerprint ID System Charges, Aug 100-420-720835 913.00 08/29/2024 ONTARIO REFRIGERATION SERVICE,
INC.
CM41780 HVAC Repairs, Jun '24 100-310-645500 243.00
08/29/2024 ONTARIO REFRIGERATION SERVICE,
INC.
CM42429 HVAC Repairs, Aug '24 100-310-645500 743.27
08/29/2024 ONTARIO REFRIGERATION SERVICE,
INC.
CM44916M HVAC Maintenance, 6/1/24 - 6/30/24 100-310-645500 667.33 08/29/2024 DAILY JOURNAL CORPORATION B3824514 Legal Advertising, Jul '24 100-155-624001 1,116.47 08/29/2024 AMERICAN SUPREME ROOFING BLDR-0267-2024 BLDR-0267-2024, C&D Refund, REC013174-2024100-000-227001 1,290.00 08/29/2024 ONTARIO REFRIGERATION SERVICE,
INC.
CM41048 HVAC Repairs, May '24 100-310-645500 12,470.00
08/29/2024 ALL CITY MANAGEMENT, INC. 94859 Crossing Guard Services, 8/4/24 - 8/17/24
100-420-720822 2,699.76
08/29/2024 WEX BANK 99153077 POLSVCS Vehicle Fuel, Aug '24 100-420-613100 587.87 08/29/2024 OCTA AR146339 Annual License AGR OC-47, FY 24/25 100-355-720700 730.00 08/29/2024 MOBILE MINI, INC. 9021600070 Storage Rental, Community Center, 8/6 - 9/2/24
100-310-641000 82.97
08/29/2024 MOBILE MINI, INC. 9021610876 Storage Rental, Community Center, 8/7 - 9/3/24
100-310-641000 217.80
08/29/2024 MOBILE MINI, INC. 9021681835 Storage Rental, Community Center, 8/15 - 9/11/24
100-310-641000 341.83
08/29/2024 VERONICA LARES 76347220 Refund, Facility Deposit, R #59859487 100-000-222000 500.00 08/29/2024 CARLOS LOPEZ 76716603 Refund, Facility Deposit, R #64190694 100-000-222000 500.00 08/29/2024 HOME DEPOT 8615097 Facility Maintenance & Repairs, Comm Ctr, Aug '24
100-310-645500 3.97
08/29/2024 JAMEY CLARK, INC. 75419 Graffiti Removal, Public Works, Aug 100-355-720500 744.00 08/29/2024 JAMEY CLARK, INC. 75422 Janitorial Services, Jul '24 100-310-721505 3,450.00 08/29/2024 JAMEY CLARK, INC. 75456 Park Repairs, Public Works, Aug '24 100-355-720701 463.84 08/29/2024 STATE DEPARTMENT OF JUSTICE
ACCOUNTING OFFICE
753409 Pre-employment Fingerprinting, Jul 100-195-617000 64.00 08/29/2024 JAMEY CLARK, INC. 75391 Park Repairs, Public Works, Aug '24 100-355-720701 372.00 08/29/2024 JAMEY CLARK, INC. 75411 Graffiti Removal, Public Works, Aug 100-355-720500 651.00 Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 08/29/2024 HOME DEPOT 7011802 Build-A-Fort, Jul '24 100-310-695503 73.45
Amount
08/29/2024 RJM DESIGN GROUP, INC. 36580 Veeh Ranch & San Remo Rehab, CIP #241, Jul '24
600-252-950241 47,449.18
Fund 600 - Capital Improvement Projects Fund Total: -
Grand Total: 408,645.29
9/3/2024 1:47:01 PM Page 6 of 8
Fund: 600 - Capital Improvement Projects Fund
08/29/2024 RJM DESIGN GROUP, INC. 36579 Cabot Park Rehabilitation, CIP #241, Jul '24
600-000-490311 (22,864.91)
08/29/2024 RJM DESIGN GROUP, INC. 36579 Cabot Park Rehabilitation, CIP #241, Jul '24
600-252-950241 22,864.91
08/29/2024 RJM DESIGN GROUP, INC. 36580 Veeh Ranch & San Remo Rehab, CIP #241, Jul '24
600-000-490311 (47,449.18)
Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number
9/3/2024 1:47:01 PM Page 7 of 8
100-310-695513 Concerts 11,432.02
100-310-695531 Heritage Day 3,666.60
100-310-721505 Contract Services - Janitorial & 16,385.27 100-355-610000 Memberships & Dues 25.00
100-355-611000 Training & Education 118.00
100-355-622000 Operating Supplies 223.56
100-310-646100 Vehicle Maintenance & Repairs 73.84
100-310-695503 Build A Fort Camps 2,234.22
100-310-695505 Cultural Excursions 308.38
100-310-695507 Marathon 5k 10,000.00
100-310-695508 July Fourth Celebration 3,846.25
100-310-695512 Movies in the Park 1,323.67
100-310-630100 Telephone & Communications - 65.00
100-310-631100 Utilities - Electric (Community 10,763.98 100-310-632500 Utilities - Gas (Community 22.38
100-310-635100 Utilities - Water (Community 586.31
100-310-641000 Equipment Rentals & Leases 642.60
100-310-645500 Facility Maintenance & Repairs 22,013.22 100-310-611000 Training & Education 20.00
100-310-613000 Mileage Reimbursement 20.10
100-310-613100 Vehicle Fuel 60.01
100-310-620500 Office Supplies - Community 47.13
100-310-622000 Operating Supplies 70.00
100-310-622005 Operating Supplies - Community 572.35
100-195-940000 Computer Hardware & Software 2,272.48
100-225-611000 Training & Education 1,300.00
100-225-622000 Operating Supplies 103.26
100-225-626000 Subscriptions & Books 179.75
100-225-646100 Vehicle Maintenance & Repairs 273.37
100-310-610000 Memberships & Dues 84.58
100-195-623000 Printing 1,057.06
100-195-630000 Telephone & Communications 1,514.38
100-195-641200 Copier Leases 937.89
100-195-700090 Computer Consulting Services 8,400.00
100-195-720050 Contract Services - Software 1,545.00
100-195-910000 Furniture & Equipment 1,772.47
100-155-622000 Operating Supplies 164.31
100-155-624001 Advertising - Legal 1,116.47
100-155-626000 Subscriptions & Books 495.00
100-195-617000 Recruitment 404.00
100-195-621000 Computer Supplies 70.03
100-195-622000 Operating Supplies 161.52
Account Number Account Name Payment Amount
100-000-140000 Prepaid Items 105.42
100-000-222000 Refundable Deposits 1,000.00
100-000-223000 Plan Application Deposit 8,310.82
100-000-227001 Security Deposit - Waste 1,290.00
100-155-612000 Travel, Conferences & Meetings 50.00
Fund Payment Amount
100 - General Fund 322,626.55
212 - Measure M2 Fund 557.00
307 - Construction & Demolition Forfeited Deposits Fund 147.65 311 - Quimby Act Park In-Lieu Fee (VALH) Fund 70,314.09 401 - Public Art Fund 15,000.00
600 - Capital Improvement Projects Fund -
Grand Total: 408,645.29
Account Summary
Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Report Summary
Fund Summary
Grand Total: 408,645.29
Project Account Summary
Project Account Key Payment Amount
**None** 408,645.29
Grand Total: 408,645.29
9/3/2024 1:47:01 PM Page 8 of 8
212-355-720400 Street Maintenance 557.00
307-355-700000 Professional Services 147.65
311-000-790600 Transfers Out to Capital 70,314.09
401-310-900000 Public Artwork 15,000.00
600-000-490311 Transfers In from Quimby Act (70,314.09) 600-252-950241 General Park Renovations 70,314.09
100-420-626000 Subscriptions & Books 16.15
100-420-646100 Vehicle Maintenance & Repairs 2,790.64
100-420-695000 Community Assistance & Public 397.50
100-420-720822 Crossing Guard Services 2,699.76
100-420-720835 Fingerprint Identification Services 913.00 100-420-720850 Private Security Patrol 13,932.00
100-356-631400 MOE - Electric (Streetlights & 15,262.60 100-356-631900 MOE - Electric (On-Bill Financing) 738.23 100-356-700101 MOE - Traffic Engineer Services 6,172.63 100-420-611000 Training & Education 500.00
100-420-613100 Vehicle Fuel 587.87
100-420-622000 Operating Supplies 97.72
100-355-700000 Professional Services 10,625.00
100-355-700255 Improvement Inspections 6,228.00
100-355-720401 Other Public Works Maintenance 344.01
100-355-720500 Graffiti Removal 1,395.00
100-355-720700 Landscape Maintenance 105,340.00
100-355-720701 Parks Contract Repair 1,210.84
Payables Detail Report Payment Dates: 08/16/2024 - 08/29/2024 Account Summary
Account Number Account Name Payment Amount
100-355-630000 Telephone & Communications 198.64
100-355-631000 Utilities - Electric 10,827.80
100-355-635000 Utilities - Water 25,221.46
Item No. 4.5
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: David Reynolds, Deputy City Manager
Issue: Update of City Council Policy 317 - Public Facility Reservation & Use Policy, Related to the Use of City Facilities such as Community Center Rooms, Parks, Athletic Fields, Courts, and Gymnasium
Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Adopting Updates to City Council Policy No. 317."
Background:
City Council Policy 317 – “Public Facility Reservation & Use Policy” (“Policy 317”) provides procedures and guidelines for public rental use of the City’s recreation facilities, such as the Community Center rooms, athletic fields, parks, picnic areas, and gymnasium. Since May of last year, the City has been working through revisions to this policy. The review process for Policy 317 revisions included meetings with the Parks and Recreation Commission and the City Council. The last review of the proposed revisions to Policy 317 by the City Council occurred on August 27, 2024, at a City Council workshop. At this workshop, the City Council reviewed the proposed revisions to Policy 317 and directed staff to bring Policy 317 revisions back to the City Council on September 10, 2024, for approval. Staff recommends the approval of the revised Policy 317 by the City Council's adoption of the proposed resolution in Attachment 1.
The major updates to Policy 317 include changes to the hours when reservations can occur, revisions to the insurance and security guard requirements, and the addition of more policies and procedures for events serving alcohol. To facilitate the Council's reference to certain sections of the policy, staff inserted line numbers on each page of the relined version of the revised policy (Attachment 2). The original policy, as approved by
Item No. 4.5
the City Council on August 28, 2018, is also attached to this report as Attachment 3 for the Council's reference.
Fiscal Impact:
Revising the time that events must end at the Community Center during the weekends, as proposed in the attached revisions to Policy 317, may reduce facility rental revenue. For example, rental weekend hours after 11:00 pm totaled 114 hours in 2023 for the Heritage Room. This totaled approximately $30,500 in revenue.
Rental fees are not established by Policy 317, but are set by a separate City Council Resolution. Proposed adjustments to facility rental fees will be brought to the City Council at a later date.
Attachments:
1. Attachment 1 - proposed City Council Resolution and Exhibit A, revised Policy No. 317
2. Attachment 2 - redlined version of revised Policy 317
3. Attachment 3 - Policy 317 - Public Facility Reservation and Use Policy, Aug. 28, 2018
Attachment 1
1783711.1
RESOLUTION NO. 2024-09-10-X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, ADOPTING UPDATES TO
CITY COUNCIL POLICY NO. 317.
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:
WHEREAS, from 1997 through 2016 the City Council approved and periodically updated several City Council policies which established procedures regarding rental reservations for City parks and recreation facilities such as fields, parks, community center rooms, special events, and other outdoor park and recreation amenities; and WHEREAS, City staff last updated these policies in 2018 by consolidating them into one comprehensive policy: Policy No. 317 - “Public Facility Reservation and Use Policy”; and
WHEREAS, the City Council approved Policy No. 317 on August 28, 2018, by adopting City Council Resolution No. 2018-08-28-7; and
WHEREAS, City staff updated Policy No. 317, which, as modified, is attached hereto; and
WHEREAS, the purpose of the proposed updates is to enhance and strengthen existing City Council approved policies and procedures concerning the reservation and exclusive use of City facilities and parks; and
WHEREAS, the Parks and Recreation Commission reviewed the proposed updates to City Council Policy No. 317 at its June 7, 2023, meeting and recommended to the City Council approval and adoption of the proposed updates to City Council Policy No. 317; and
WHEREAS, the Parks and Recreation Commission again reviewed the proposed updates to City Council Policy No. 317 at its February 7, 2024, meeting and recommended to the City Council approval and adoption of the proposed updates to City Council Policy No. 317; and
WHEREAS, the City Council reviewed the proposed updates to City Council Policy No. 317 on February 13, 2024, and moved to continue the item until February 27, 2024; and
WHEREAS, the City Council reviewed and discussed the proposed updates to City Council Policy No. 317 at a City Council workshop held on a February 27, 2024, and provided direction to staff for changes to the policy to be brought for City Council consideration at a future meeting; and
WHEREAS, the City Council reviewed and discussed the proposed updates to City Council Policy No. 317 at a City Council workshop held on August 27, 2024, and provided
Resolution No. 2024-09-10-X
1783711.1
direction to staff to bring back the revised Policy 317 for City Council approval at its September 10, 2024, meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals set forth above are true and correct and are incorporated by reference herein.
SECTION 2. City Council Policy No. 317, entitled, “Public Facility Reservation and Use Policy," is hereby approved and adopted as set forth in Exhibit “A,” a copy of which is attached hereto and is incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 10th day of September 2024. ____________________________________
DAVE WHEELER, MAYOR
ATTEST:
______________________________________
JENNIFER LEE, CITY CLERK
Resolution No. 2024-09-10-X
1783711.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2024-09-10-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 10th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
JENNIFER LEE, CITY CLERK
1783698.1
CITY OF LAGUNA HILLS
City Council Policy
Subject: Public Facility Reservation & Use Policy
Policy No. 317
Effective Date: August 28, 2018
Last Revision: September 10, 2024
PURPOSE:
To establish policies and procedures, in conjunction with the Park and Recreation Facility Use Regulations (City of Laguna Hills Municipal Code, Chapters 8-04, 8-10), with respect to authorizing reserved and exclusive use of City Facilities and Parks.
DEFINITIONS:
Applicant – means a Person applying for a Facility Permit for Director approval, or in possession of an approved Facility Permit.
Alcoholic Beverages – means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
Athletic Fields or Courts – means all ball diamonds, soccer fields, roller hockey rinks, and volleyball, basketball, and tennis courts owned, operated, or maintained by the City.
Community Center – means any portion of, whether indoors or outdoors, the Laguna Hills Community Center building located at 25555 Alicia Parkway, Laguna Hills.
Department – means Community Services Department.
Director – means the Community Services Director, the Community Services Director’s designee, the Deputy City Manager, or the Deputy City Manager’s designee.
Eviction – means expulsion from a City Facility and, if applicable, revocation of a Facility Permit.
Exclusive Use – means the right to use a City Facility, or portion thereof, for any activity at a specified time, on one or more occasions, to the exclusion of others.
Facility(ies) – means all City owned or maintained property, whether indoors or outdoors.
Facility Permit – means written permission issued by the Director authorizing a person or group to conduct specified activities within a City Facility, and/or authorizing the exclusive use of a City Facility, or portion thereof, by such persons or groups.
Large Group – means any organized activity in which fifty (50) or more individuals are expected to participate or attend.
Minors – means persons under 18 years of age.
EXHIBIT A
City Council Policy
No. 317
Public Facility Reservation and Use Policy
2 1783698.1
Park – means all parks, park-related buildings, facilities and grounds, recreational facilities, recreational areas, athletic fields or courts, and open space areas owned, operated, maintained, or controlled by the City.
Person – means every individual, firm, corporation, joint venture, association, social club, or any group or combination activity as a unit.
GENERAL FACILITY RESERVATION & USE POLICIES & PROCEDURES:
The following policies and procedures apply to all Facility rentals.
Facility Permits:
A Facility Permit must be obtained from the Community Services Department of the City of Laguna Hills, all required forms must be completed, and all required deposits and fees paid before any Person shall occupy any part of a Facility on a reserved and exclusive-use basis or for any other activity listed in the Park and Recreation Facility Use Regulations (City of Laguna Hills Municipal Code, Chapters 8-04 and 8-10). a) The following activities, require the issuance of a Facility Permit and Director approval. These activities must be noted on an application. i. Any activity involving the temporary erection or placement on Park property of stages, booths, generators, platforms, pitching machines, sculptures, and other art works, inflatable bounce houses or similar play equipment, rock climbing walls, or other similar structures or portable recreational equipment.
ii. The sale of any goods, wares, merchandise, food, or beverages in connection with a permitted group activity.
iii. Any activity involving the use of live music or amplified sound or music systems including, without limitation, loudspeakers or other amplification devices or public address systems.
iv. Any recurrent athletic league, club, team, or group sporting activity including but not limited to games, practices, scrimmages, exhibitions, clinics, or other team-sport or athletic-related events or activities.
v. Any organized activity in which fifty (50) or more individuals (Large Group) are expected to participate or attend, or to which the public is invited, or which requires special city services. Such group activities include, but are not limited to: picnics; gatherings; meetings; parades; camp-outs; plays; musical events; art shows; exhibitions; athletic events; concerts; expos; markets; fairs; festivals; lectures; or any type of entertainment or theatrical performances.
b) A permittee shall be bound by all City rules and regulations, by all applicable City Ordinances and applicable provisions of state and federal law. c) The City is not and shall not be held responsible for the loss, damage, or theft of equipment or articles owned or controlled by Facility users.
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d) A Facility Permit may not be transferred, assigned, or sublet. e) Any group using City Facilities outside of the established hours of operation, as approved by the Director, shall pay for each or any part of an hour for each City staff member assisting with the Facility reservation, in addition to the regular rental fee as established by City Council resolution.
f) Facility reservations may be booked up to one year in advance. g) City staff and law enforcement reserve the right to full access and inspection of all Facility reservation areas at any time.
h) Refunds of Facility rental fees and/or deposit fees may take up to 45 days to process if cash or checks are used.
i) Facility Permits will only be issued to persons 18 years of age and older, unless the application includes the use of Alcoholic Beverages in which case, reservations will only be issued to persons 21 years of age or older.
j) Groups of less than 50 individuals (or less than a Large Group) may reserve a Park via a Facility Permit if they desire to assure use of the Facility. k) Large Group Park use will not be permitted on consecutive weekend days at the same Park without special approval from the Director.
l) A Facility Permit is required for the placement of any sanitation facilities (i.e. porta potties) in a Park.
m) Activities for Minors must be supervised by responsible adults at the ratio of one adult for every twenty Minors.
n) Facility Permit requests for parties, events, or activities for a Minor will ONLY be issued to a parent or legal guardian of the Minor and who will also be attending the event.
o) All Facility rental fees and deposits are set by City Council resolution except for charges for security services and insurance which are established by City’s thirdparty vendors.
Application Process:
An Applicant seeking issuance of a Facility Permit shall file an application with the Department. The application must be received at least thirty (30) days in advance of desired reservation date(s). Requests received less than thirty (30) days in advance will be granted if conditions allow and payment for these reservations shall be paid in full when the request is made and the application is approved. a) An application must be submitted by an individual who is representing the group, association, firm, or corporation and is responsible for the Facility reservation. An
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Applicant must have official authorization to apply on behalf of an organization.
Applicant must include in the application:
i. The name, address, and contact information of the Applicant. ii. The name and address of the person, persons, corporation, or association sponsoring the activity, together with a list of the responsible officers and directors to whom notices and claims for damages may be directed. iii. The day and hours for which the permit is desired (including set up and clean up times).
iv. The Facility or Facilities for which such permit is desired. v. A numerical estimate of the anticipated attendance. (Attendance cannot exceed posted room occupancies).
vi. The percentage of the Applicant’s group who are residents of the City of Laguna Hills if requested. (Reasonable evidence of residential status may be required at the discretion of the Director).
vii. Any other information that the City finds reasonable or necessary to safeguard City Facilities and the public.
b) An Applicant must specify an exact list of the equipment that the Applicant desires to bring to Facility during a reservation. A map showing the locations of equipment may be required.
c) Deposit fees (or refundable deposit) will be collected at the time of application submittal and prior to issuance of Facility Permit. Certain deposit fees are refundable, as set forth by City Council Resolution, unless the deposit fee, or a portion thereof, is used to cover Department’s costs for cleaning and/or damage caused by a Person’s Facility reservation, to cover unpaid balances with rental fees, insurance, or security guard services, to cover cancellation fees, or if an Applicant fails to abide by the Community Center Facility Rental Hours or the rental times specified on the Facility Permit.
i. It is the responsibility of the Applicant to inform Department staff of any changes in address in order to process deposit refunds. ii. If an Applicant’s deposit fee refund on file with the City has not been deposited by the Applicant within six months after the reservation date, then the City will retain the deposit fee.
d) The entire time needed to prepare food, decorate the Facilities, or set-up before the event, and to completely clean up after the event must be reserved by the Applicant and must be stated on the application form. Early arrival or late departure, by a caterer or any member of the Applicant’s party will result in additional fees and forfeiture of deposit.
e) Depending on the nature of the event, Applicants may be required to meet with Department staff at least fourteen (14) days before event to personally review Applicant’s needs, set up, and Department Facility rules and regulations.
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Standards of Issuance:
The Director may issue a Facility Permit hereunder when it is found:
a) That the proposed activity or use of a City Facility will not unreasonably interfere with general public enjoyment of other facilities;
b) That the proposed activity or use will not unreasonably interfere with public health, welfare, safety, or recreation;
c) That the proposed activity or use is not unlawful;
d) That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense to the City or require costly police support or assistance; e) That the City Facility desired has not been previously reserved; f) That the Applicant, if applying on behalf of a firm, corporation, joint venture, association, social club, or any group or combination activity as a unit, be organized and in existence for at least thirty (30) days prior to seeking a Facility Permit;
g) That required fees have been paid; and
h) That evidence of insurance acceptable to the City has been provided.
Reservation and Use Priority:
Priority of use for all City Facilities shall be as follows:
1) City programs and events including those activities and events that the City of Laguna Hills is cosponsoring.
2) Laguna Hills sports organizations directly sponsoring youth programs open to all youth participants and predominately serving Laguna Hills youth. Local youth and adult organizations and groups such as service clubs, churches, and veterans, whose membership is open to the public, provided such organization and/or group carries out its activities through an existing bona fide office, an existing recognized place of worship, or an established meeting place that is physically located within the City of Laguna Hills.
3) Residents of the City of Laguna Hills.
4) Local merchants of the City of Laguna Hills wishing to reserve and make use of facilities for an activity directly related to their business pursuits within the City. 5) Non-resident nonprofit organizations.
6) Non-resident individuals and businesses.
Verification of Classification:
Any Applicant requesting a nonprofit classification must attach written verification and proof of nonprofit status to application. The status of an organization must be proved by the Applicant to the satisfaction of the Director.
(CATEGORY A) - Resident Nonprofit: Local clubs and organizations that are open to the general public and have their headquarters in the City of Laguna Hills.
Application for nonprofit rentals must include a Federal Tax Exempt I.D. number, and may require proof of same by showing either a “Statement of Domestic
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Nonprofit Organization” filed with the State of California or nonprofit tax identification number.
(CATEGORY B) - Resident Private: Individuals, clubs, organizations, and other groups, with a City of Laguna Hills address, and/or where its participants/memberships are made up of at least 50% residents from the City of Laguna Hills. Proof of residency is required.
(CATEGORY C) - Non-Resident Nonprofit: Nonprofit clubs, organizations, and other groups that are non-residents of the City of Laguna Hills. Documentation required as stated above.
(CATEGORY D) - Non-Resident Private: Individuals, clubs, organizations, and other that are non-residents of the City of Laguna Hills. (CATEGORY E) - Commercial: Business entities within or outside of the City of Laguna Hills boundaries.
Laguna Hills Youth Sports Organization Verification:
Application for Laguna Hills Youth Sports Organization Facility use must include a Federal Tax Exempt I.D. number, and may require proof of same by showing either a “Statement of Domestic Nonprofit Organization” filed with the State of California or nonprofit tax identification number. Appropriate documentation to verify Resident Nonprofit status may also be requested which includes, but is not limited to, team rosters, utility bills from team player’s place of residence, sports organization’s bylaws, mission statements or equivalent.
Laguna Hills nonprofit youth sports organizations are defined as local nonprofit volunteer organizations that are comprised predominately of Laguna Hills resident youths. These organizations maintain a “no cut” policy where every child is not denied the opportunity to play and registration is open to all Laguna Hills’ children. In addition, the youth sports organization is administered by volunteer Laguna Hills residents that serve as officers, coaches, commissioners, or board of directors and do not receive any compensation for their volunteer service.
Outdoor Park Amenities Use:
Outdoor Park amenities (including open areas, volleyball and basketball courts, picnic tables, BBQs, etc.) may be reserved for up to three (3) hours of use in conjunction with a group picnic reservation when available. To request the use of an outdoor Park amenity as stated above, Applicant must indicate a three (3) hour time slot on the Facility Permit application.
All outdoor Park amenities (including open areas, volleyball and basketball courts, picnic tables, BBQs, etc.) are available on a first come, first serve basis unless reserved as stated above.
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Policy Interpretation:
It is the policy of the City of Laguna Hills to grant the Department administrative discretion to interpret and adjust the general rules of this policy to meet specific needs of Applicants and the City. Appeals may be made to the City Manager.
Payments:
Deposit fees (or refundable deposit) will be collected at the time of application submittal and prior to issuance of Facility Permit (See “Application Process”). Remaining balance of Rental fees is due at least thirty (30) days prior to event. Personal checks will not be accepted when any payment is made less than fourteen (14) calendar days from the date of a reservation.
All receipts for payments and any reimbursements will be made to the Applicant only, regardless of payment source. Payments shall always be noted with event date(s), Facility reserved, and responsible party for reservation.
Disruptive Behavior
Applicant’s conduct or behavior that disrupts, disturbs, or otherwise impedes the orderly conduct of the scheduled activity permitted, or with the administration of City Facilities by City personnel and/or the enjoyment of others using a Park or Facility is strictly prohibited.
Applicants are responsible for controlling noise that may be disturbing to other activities occurring at a Park or Facility, or that may negatively impact a surrounding neighborhood.
Applicants who engage in such disruptive conduct shall be subject to Eviction in accordance to the City of Laguna Hills’ Municipal Code and may also result in the revocation of a Facility Permit.
Revocation:
The Director shall have the authority to summarily revoke a Facility Permit upon finding a violation of any provision, hereof, or upon finding a violation of any applicable City Ordinances, City rules and regulations, and/or state law. The individual or group will not be issued a permit for twelve months from date of the violation.
Appeal:
If an application and/or a Facility Permit is denied or revoked by the Director, an appeal may be made to the City Manager in writing within five (5) business days of the Director’s decision. The City Manager is not required to consider a late-filed appeal.
Waiver of Fees:
Any and all applicable fees may be waived or reduced by the Director, for public school activities and events and governmental purposes, as well as for community activities and events that are sponsored or co-sponsored by the City.
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Limitation of Use:
The City reserves the right to limit the hours of use of Park Facilities to prevent adverse effect or conditions to adjacent residents or damage to the Facilities or turf because of excessive use.
Security Services:
The City reserves the right to require security guard services for any activities held at City Facilities at the Director’s discretion. All events serving Alcoholic Beverages require security guard services. Events with a live band, disk jockey amplified music, or any type of amplified music require security guard services. Department staff will arrange for a security guard service company on behalf of Applicant. Security guard service will be scheduled at a ratio of one (1) security guard per one hundred (100) guests, unless the Director determines that more security guards are required for an event. Security guard service will be scheduled for entire event time specified on the Facility Permit.
The Applicant is responsible for the cost of security guard services. Cost for security guard services are in addition to the Facility rental rates. Information regarding charges for security services will be provided to the Applicant upon Facility booking, subject to change if the terms and parameters of the reservation are modified.
Insurance Requirements:
Insurance is required for all indoor Facility rentals. Information regarding insurance coverage requirements will be provided to the Applicant upon Facility booking.
Applicant is responsible for the cost of insurance and providing the City with the required Certificate of Insurance and endorsements at least ten (10) days prior to Applicant’s use of Facility(ies). If insurance is not provided to the City at least (10) days prior to the Applicant’s reservation, the reservation is subject to cancellation.
If the Applicant’s insurance cannot meet City requirements, or Applicant elects to use the City’s insurer, Department staff will arrange for insurance coverage on Applicant’s behalf and the Applicant will be responsible for paying the cost of such coverage at the time of application. Cost for insurance coverage is in addition to the Facility rental rates.
The Director, in his or her discretion, may require Applicant to secure insurance coverage as described above for an outdoor Facility reservation dependent upon the nature of the activity. Insurance coverage requirements are subject to change if the terms and parameters of the reservation are modified.
Damage to Facility:
Any person or group causing property or equipment damage to City Facilities, including damage or defacement to amenities such as grass, foliage, carpet, walls, flooring, displays, signs, playground equipment, etc. will be required to pay for such damage (based on current cost of repair or replacement as established by the City). The City shall use Applicant’s deposit fee to cover costs of damage and will bill the Applicant for any outstanding balance to cover full costs of damage if applicable. Until such
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outstanding payment is received, the City may revoke Applicant’s current Facility Permit and reject future applications.
Smoking:
Smoking in City Parks and the Community Center is strictly prohibited per the City of Laguna Hills Municipal Code.
Alcohol Use:
No Person shall consume, possess or sell any Alcoholic Beverages within a designated Park. This prohibition shall not apply to reservations conducted at the Community Center in accordance with applicable City policies and an approved Facility Permit (see “Community Center Alcohol Use”).
Drug Use:
No Person shall consume, use, possess or sell illegal drugs at a City Park or the Community Center.
Sale of Food:
A health permit is required from the County of Orange Healthcare Agency when food will be sold during a Facility reservation, or in the opinion of the Director a health permit is required. A copy of the health permit shall be filed with Department to be included in Applicant’s Facility Permit.
Glass Containers:
No Person shall bring into, or have in his or her possession, in a Park a glass container.
This prohibition shall not apply to reservations occurring at the Community Center in accordance with an approved Facility Permit.
Use of City Seal and Reference to City:
Any unauthorized references to the City that suggests (or can be interpreted as) the City is endorsing or sponsoring a Person’s Facility reservation event is strictly prohibited and may result in the revocation of a Facility Permit. Therefore, without prior written authorization from the City of Laguna Hills, it is prohibited for Persons to:
i. use the City Seal or emblem in any form of outreach and/or advertisement of a Person’s Facility reservation event; or
ii. use “The City of Laguna Hills,” or “City of Laguna Hills,” or “Laguna Hills Community Center,” or any variation thereof, in the title of a Person’s Facility reservation event advertisement, or in any manner that would suggest City sponsorship or endorsement; or
iii. use of any image of City Facilities in reservation event advertisement, or in any manner that would suggest City sponsorship or endorsement; or iv. use of the City name, City Facility name, City address, a City email, and/or City phone number as the official address or official contact information for a Person’s reservation event.
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The City does not restrict a Person from using a Facility name and address to advertise the location of a Person’s reservation event. For example:
Applicant’s name of event will be held at:
Laguna Hills Community Center and Sports Complex
25555 Alicia Parkway
Laguna Hills, CA 92653
Cleaning after Reservation
It is the Applicant’s responsibility to clean entire rented Facilities, and all equipment used, to the condition prior to the Facilities reservation and to the satisfaction of Department staff.
In the event Applicant does not clean the Facilities, or does not clean the Facilities to the satisfaction of Department staff, the Department shall use Applicant’s deposit fee to cover cleaning costs and will bill the Applicant any additional cleaning costs not covered under deposit fee.
Until entire payment is received for total cleaning costs, the City may revoke Applicant’s current Facility Permit and reject future applications.
Signs:
Signs (including, banners, balloons, and other decorative materials) used to promote, advertise, or decorate a Facility reservation event, or for event wayfinding purposes, must first be approved by the Director based on reasonable time, place, manner and aesthetic considerations.
Applicants must note requested signage as well as desired locations on Applicant’s Facility Permit. The proposed location of any requested sign(s) must be approved in advance by the Director and will only be permitted for display during the reservation hours designated on the Facility Permit.
Notwithstanding the forgoing, signs that contain any of the following are prohibited: 1) Content not related to the purpose of Applicant’s Facility reservation; 2) Content that defames, abuses harasses, stalks, threaten or violates the legal rights of others; 3) Sexual content, profanity, vulgarity, obscenity, racism, hatred, slander, threats, and/or violence; 4) Content that is not appropriate for all age groups; 5) Content that promotes, fosters, or perpetuates discrimination or personal attacks on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation; 6) Content that contains personal information about another person or that violates a person’s privacy; and/or 7) Content that promotes or encourages illegal activity.
Any signs that are placed in an unapproved location or that violate this policy will be immediately removed and the Applicant’s Facility Permit may be subject to revocation.
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Trash and Recycling Requirement:
All Applicants are required to recycle their trash during their Facility use. Information about the City’s recycling requirements will be shared with Applicants at the time of application.
Applicants who will be selling or serving food as part of their Facility reservation are required to recycle all food waste (organic waste).
Dependent on the nature of the event, Department staff may require Applicant to develop a recycling plan and any additional trash and recycling services in addition to the City’s current service levels will be borne by the Applicant.
Failure by Applicant to adequately recycle their trash during their Facility reservation may result in the forfeit of a Person’s deposit fee (or a portion thereof).
Cancellations:
The Department requests that Persons cancel their reservations at least thirty (30) days prior to their reservation date as stated on an approved Facility Permit. Cancellations are subject to cancellation fees as established by City Council Resolution. Cancellations made less than thirty (30) days prior to a reservation will forfeit the Applicant’s Facility deposit.
COMMUNITY CENTER FACILITY RESERVATION & USE POLICIES & PROCEDURES:
In addition to the “General Facility Reservation & Use Policies & Procedures” stated above, the following policies and procedures shall also apply to reservations and use of the Community Center.
Community Center Facility Rental Hours:
Community Center Facilities can be rented during the following hours:
Community Center Facility Rental Hours
Facility is available
and Setup Hours
must be included
Event must
end Time
Time available for event
cleanup
Monday -
Saturday
8:00 am 10:00 pm up to 11:00 pm
Sunday 12:00 pm 6:00 pm up to 7:00 pm
a) All events must end by time stated above under “Event must end Time.” Additional time is allowed for event cleanup as designated above under “Time available for event cleanup.” No music is allowed when an event ends or after the “Event must end Time” as noted above, and all guests not participating in the clean-up of the event must leave the event.
b) Forfeiture of one half of the deposit may be applied to Facility reservations that runs up to one half hour past 11:00 pm on Monday – Saturdays, and up to one
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half hour past 7:00 pm on Sundays, or for a reservation that runs after the end time (including clean-up time) specified on the Facility Permit up to one half hour. c) Applicant will forfeit the full amount of deposit if Facility rental runs past 11:30 pm on Monday – Saturdays, and 7:30pm on Sundays, or for a reservation that runs more than one half hour after the end time (including clean-up time) specified on the Facility Permit.
d) The weekend rate will begin at 5:00 p.m. on Fridays and end on 7:00 pm on Sundays.
e) Applicants will be charged time and one half hourly rental rate for early arrival. f) There is a two (2) hour minimum hourly rental rate for Community Center Facility rentals.
Mandatory Site Meeting:
A mandatory site meeting shall be scheduled with the Applicant and Department staff at the Community Center. The site meeting appointment should be made at least fourteen (14) days prior to the event. Any caterer or special event coordinator should also attend the site meeting. Failure to complete a site meeting could result in a cancellation of the event and forfeiture of fees and deposits.
The Applicant is the only person who may request changes to the reservation.
Community Center Setup/Cleanup:
Usage time on the application must include all Facility preparation, including an Applicant’s setup and decoration time by caterer and/or user, as well as cleanup time following use.
Applicants will not be allowed to occupy the Facilities during times not listed on the Facility Permit. Reservations are based upon use within the specified time period on Facility Permit and any additional use is subject to additional charges.
Department staff will be on hand to admit Applicant to the rented Facilities at the time specified on the approved Facility Permit.
City staff will set up all tables, chairs, and equipment according to the set-up plans provided. If no set up plan is submitted, City staff will set up the reservation according to standard set up configurations for the type and size indicated on the application.
Only one setup per group will be provided. Requests for changes to room setup after the setup is completed in accordance to the Facility Permit plan will not be accommodated.
Facilities must be left in the same condition in which they were found. Department staff will provide Applicant with a clean-up checklist that must be filled out before and after the activity to determine needed clean up or repairs before and after the rental. If the
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Facility is not cleaned to the conditions prior to Applicant’s reservation, or to the satisfaction of the Department staff, the Applicant will pay for cleaning costs which will be deducted from Applicant’s deposit fee. If clean-up costs are more than the deposit fee, the Applicant will be responsible for paying the difference.
Community Center & Kitchen Reservation Amenities:
a) Rentals include the use of tables and chairs. Table covers are not provided. b) Styrofoam products are prohibited from use in the Community Center. c) Use of the kitchen must be included on the Facility Permit. Kitchen rental offers use of refrigerator/freezer, stove, oven(s), warmers, ice machine, and microwave. d) Eating, serving, and cooking utensils are not provided. Utensils must be provided by the Applicant and must all be removed promptly and completely upon conclusion of the event.
e) Refrigerator space may be limited due to active, on-going City programs. f) Equipment or furnishings shall not be removed or rearranged without prior written approval from the Director.
Community Center Decorations:
Decorations must be flame retardant. Decorations with hay or straw are prohibited.
Confetti, birdseed, popcorn, rice, or other material shall not be thrown. Nails, staples, tape, and similar hardware may not be used to attach materials to walls or ceilings in the Heritage Room. Glitter is not allowed. The use of open flames (i.e. candles) must first be approved on the Applicant’s Facility Permit.
All decorative and other items, such as approved signs, shall be removed by the end of the rental period. Do not drag heavy items on floors.
Limited Space and Storage:
Due to limited space, storage will not be provided for building rentals. All equipment, supplies, food, and decorations brought in by Applicant must be removed by the Applicant before leaving the building and within the rental time designated on Applicant’s Facility Permit.
Department staff are not authorized to sign for deliveries and are not authorized to permit any deliveries that vary from scheduled times.
The Department cannot be held responsible for any items delivered early or left behind.
The Applicant or event contact person must accept all deliveries.
The “set-up time” stated on the application form is the earliest time that any deliveries can be made.
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Community Center Alcohol Use:
The following rules and guidelines apply to Alcoholic Beverages use at the Community Center.
a) Applicants requesting the use of Alcoholic Beverages must submit a proper application form with their Facility use application. An alcohol permit fee, set by City Council resolution, will be charged to all Applicants requesting to serve Alcoholic Beverages.
b) Applications to serve Alcoholic Beverages will not be considered for approval for any activity with a youth emphasis. This includes activities for Minors such as birthday parties, quinceaneras, bar and bat mitzvahs, or student activities. c) Alcoholic Beverages may not be served to Minors. Alcoholic Beverages are to be served only to persons 21 years of age and older.
d) Alcoholic Beverages are permitted only within the confines of the Laguna Hills Community Center building and adjacent patios and courtyard. e) Alcoholic Beverages cannot be served past 9:30 pm on Monday – Saturdays, and 5:30 pm on Sundays.
f) The maximum amount of time that Alcoholic Beverages may be served is 5 hours. g) Security is required for all events serving Alcoholic Beverages. h) Alcoholic Beverages may not be consumed while setting up or cleaning up an event.
i) A bartender is required for beer keg service or when hard alcohol is served. Hard alcohol means all Alcoholic Beverages except for wine or beer served in cans or bottles. Additionally, the following type of events require a bartender: weddings, wedding receptions, and memorial services. It is the responsibility of the Applicant to show proof the person serving Alcoholic Beverages is a qualified bartending graduate from an accredited institution (RBS and/or TIPS). The bartender CANNOT be a guest of the event and consume alcohol. The bartender must supervise the bar for the duration of alcohol being served (maximum of 5 hours).
The Director has the discretion to require a bartender for any event serving alcohol including events that will only serve wine and/or beer. j) An Alcohol Beverage Control (A.B.C.) License must be provided if Alcoholic Beverages are to be sold during the scheduled activity, if a donation is requested or admission is by donation, if admission is charged, or if presale is charged for an event where Alcoholic Beverages are present.
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k) It is the responsibility of the Applicant to contact Alcohol Beverage Control to obtain a license. A letter regarding your event will be provided for you to present to the Alcohol Beverage Control License office. Contact Alcohol Beverage Control at:
28 Civic Center Plaza
Santa Ana, California
(714) 558-4101
l) A copy of the A.B.C. license must be submitted to the Community Services Department at least five (5) calendar days prior to your event. m) Any violation of these Alcoholic Beverages rules and guidelines will result in immediate termination of the event and the forfeiture of all rental fees and security deposit in full.
n) If Applicant’s event is not serving Alcoholic Beverages, as designated on the Applicant’s Facility Permit, and Alcoholic Beverages are found in or around the reserved Facility, the event will immediately be terminated and the Applicant will forfeit all rental fees and security deposit in full.
Hardwood Flooring:
Due to the special flooring, hard-soled shoes, food, or beverages are not allowed in the physical activity room and gymnasium.
Animals:
Animals will not be permitted inside the Community Center unless they are service dogs/animals used by those requiring such assistance.
ATTACHMENTS:
City of Laguna Hills Rental Fees and Deposits Schedule (established by City Council Resolutions)
Attachment 2
1783698.1
1 CITY OF LAGUNA HILLS
2 3
4 City Council Policy
5 6 Subject: Public Facility Reservation & Use Policy
7 8 Policy No. 317
9 10 Effective Date: August 28, 2018
11 12 Last Revision: January 23September 10, 2024 13 14 15 16 PURPOSE:
17 18 To establish policies and procedures, in conjunction with the Park and Recreation 19 Facility Use Regulations (City of Laguna Hills Municipal Code, Chapters 8-04, 8-10), 20 with respect to authorizing reserved and exclusive use of City Facilities and Parks. 21 22 DEFINITIONS:
23 24 Applicant – means a Person applying for a Facility Permit for Director approval, or in 25 possession of an approved Facility Permit.
26 Alcoholic Beverages – means alcohol, spirits, liquor, wine, beer, and every liquid or solid 27 containing one-half of one percent or more of alcohol by volume and which is fit for 28 beverage purposes either alone or when diluted, mixed, or combined with other 29 substances.
30 Athletic Fields or Courts – means all ball diamonds, soccer fields, roller hockey rinks, 31 and volleyball, basketball, and tennis courts owned, operated, or maintained by the 32 City.
33 Community Center – means any portion of, whether indoors or outdoors, the Laguna 34 Hills Community Center building located at 25555 Alicia Parkway, Laguna Hills. 35 Department – means Community Services Department.
36 Director – means the Community Services Director, the Community Services Director’s 37 designee, the Deputy City Manager, or the Deputy City Manager’s designee. 38 Eviction – means expulsion from a City Facility and, if applicable, revocation of a Facility 39 Permit.
40 Exclusive Use – means the right to use a City Facility, or portion thereof, for any activity 41 at a specified time, on one or more occasions, to the exclusion of others. 42 Facility(ies) – means all City owned or maintained property, whether indoors or 43 outdoors.
44 Facility Permit – means written permission issued by the Director authorizing a person 45 or group to conduct specified activities within a City Facility, and/or authorizing the 46 exclusive use of a City Facility, or portion thereof, by such persons or groups. 47 Large Group – means any organized activity in which fifty (50) or more individuals are 48 expected to participate or attend.
49 Minors – means persons under 18 years of age.
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1 Park – means all parks, park-related buildings, facilities and grounds, recreational 2 facilities, recreational areas, athletic fields or courts, and open space areas owned, 3 operated, maintained, or controlled by the City.
4 Person – means every individual, firm, corporation, joint venture, association, social 5 club, or any group or combination activity as a unit. 6 7 GENERAL FACILITY RESERVATION & USE POLICIES & PROCEDURES:
8 9 The following policies and procedures apply to all Facility rentals. 10 11 Facility Permits:
12 A Facility Permit must be obtained from the Community Services Department of the City 13 of Laguna Hills, all required forms must be completed, and all required deposits and 14 fees paid before any Person shall occupy any part of a Facility on a reserved and 15 exclusive-use basis or for any other activity listed in the Park and Recreation Facility 16 Use Regulations (City of Laguna Hills Municipal Code, Chapters 8-04 and 8-10). 17 18 a) The following activities, require the issuance of a Facility Permit and Director 19 approval. These activities must be noted on an application. 20 21 i. Any activity involving the temporary erection or placement on Park property 22 of stages, booths, generators, platforms, pitching machines, sculptures, and 23 other art works, inflatable bounce houses or similar play equipment, rock 24 climbing walls, or other similar structures or portable recreational 25 equipment.
26 ii. The sale of any goods, wares, merchandise, food, or beverages in connection 27 with a permitted group activity.
28 iii. Any activity involving the use of live music or amplified sound or music 29 systems including, without limitation, loudspeakers or other amplification 30 devices or public address systems.
31 iv. Any recurrent athletic league, club, team, or group sporting activity including 32 but not limited to games, practices, scrimmages, exhibitions, clinics, or other 33 team-sport or athletic-related events or activities. 34 v. Any organized activity in which fifty (50) or more individuals (Large Group) 35 are expected to participate or attend, or to which the public is invited, or 36 which requires special city services. Such group activities include, but are 37 not limited to: picnics; gatherings; meetings; parades; camp-outs; plays; 38 musical events; art shows; exhibitions; athletic events; concerts; expos; 39 markets; fairs; festivals; lectures; or any type of entertainment or theatrical 40 performances.
41 42 b) A permittee shall be bound by all City rules and regulations, by all applicable City 43 Ordinances and applicable provisions of state and federal law. 44 45 c) The City is not and shall not be held responsible for the loss, damage, or theft of 46 equipment or articles owned or controlled by Facility users. 47
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1 d) A Facility Permit may not be transferred, assigned, or sublet. 2 3 e) Any group using City Facilities outside of the established hours of operation, as 4 approved by the Director, shall pay for each or any part of an hour for each City 5 staff member assisting with the Facility reservation, in addition to the regular 6 rental fee as established by City Council resolution. 7 8 f) Facility reservations may be booked up to one year in advance. 9 10 g) City staff and law enforcement reserves the right to full access and inspection of 11 all Facility reservation areas at any time.
12 13 h) Refunds of Facility rental fees and/or deposit fees may take up to 45 days to 14 process if cash or checks are used.
15 16 i) Facility Permits will only be issued to persons 18 years of age and older, unless the 17 application includes the use of alcoholic beveragesAlcoholic Beverages in which 18 case, reservations will only be issued to persons 21 years of age or older. 19 20 j) Groups of less than 50 individuals (or less than a Large Group) may reserve a Park 21 via a Facility Permit if they desire to assure use of the Facility. 22 23 k) Large Group Park use will not be permitted on consecutive weekend days at the 24 same Park without special approval from the Director. 25 26 l) A Facility Permit is required for the placement of any sanitation facilities (i.e. porta 27 potties) in a Park.
28 29 m) Activities for Minors must be supervised by responsible adults at the ratio of one 30 adult for every twenty Minors.
31 32 Rental Fees:
33 n) Facility Permit requests for parties, events, or activities for a Minor will ONLY be 34 issued to a parent or legal guardian of the Minor and who will also be attending 35 the event.
36 37 All Facility rental fees and deposits are set by City Council resolution. 38 39 a) Community Center rental fee policies: except for charges for security services and 40 insurance which are
41 42 i. The weekend rate, as established by City Council resolution, will begin at 43 5:00 p.m. on Fridays and end on 12:00 a.m. on Sundays. 44 City’s third-party vendors.
45 ii. Applicants will be charged time and one half hourly rental rate for early 46 arrival and late departure time not indicted on approved Facility Permit. 47
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1 iii.o) There is a two (2) hour minimum hourly rental rate for the Heritage Room, 2 Classroom, and Art Room only.
3 4 Application Process:
5 An Applicant seeking issuance of a Facility Permit shall file an application with the 6 Department. The application must be received at least fourteen (14thirty (30) days in 7 advance of desired reservation date(s). Requests received less than fourteen (14thirty 8 (30) days in advance will be granted if conditions allow and payment for these 9 reservations shall be paid in full when the request is made and the application is 10 approved.
11 12 a) An application must be submitted by an individual who is representing the group, 13 association, firm, or corporation and is responsible for the Facility reservation. An 14 Applicant must have official authorization to apply on behalf of an organization. 15 Applicant must include in the application:
16 17 i. The name, address, and contact information of the Applicant. 18 ii. The name and address of the person, persons, corporation, or association 19 sponsoring the activity, together with a list of the responsible officers and 20 directors to whom notices and claims for damages may be directed. 21 iii. The day and hours for which the permit is desired (including set up and clean 22 up times).
23 iv. The Facility or Facilities for which such permit is desired. 24 v. A numerical estimate of the anticipated attendance. (Attendance cannot 25 exceed posted room occupancies).
26 vi. The percentage of the Applicant’s group who are residents of the City of 27 Laguna Hills if requested. (Reasonable evidence of residential status may be 28 required at the discretion of the Director).
29 vii. Any other information that the City finds reasonable or necessary to 30 safeguard City Facilities and the public.
31 32 b) An Applicant must specify an exact list of the equipment that the Applicant desires 33 to bring to Facility during a reservation. A map showing the locations of equipment 34 may be required.
35 36 c) Deposit fees (or refundable deposit) will be collected at the time of application 37 submittal and prior to issuance of Facility Permit. Certain deposit fees are 38 refundable, as set forth by City Council Resolution, unless the deposit fee, or a 39 portion there ofthereof, is used to cover Department’s costs for cleaning and/or 40 damage caused by a Person’s facilityFacility reservation, to cover unpaid balances 41 with rental fees, insurance processing costs, or security guard services, to cover 42 cancellation fees. , or if an Applicant fails to abide by the Community Center 43 Facility Rental Hours or the rental times specified on the Facility Permit. 44 45 i. It is the responsibility of the Applicant to inform Department staff of any 46 changes in address in order to process deposit refunds. 47
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1 ii. If an Applicant’s deposit fee refund on file with the City has not been 2 deposited by the Applicant within six months after the reservation date, then 3 the City will retain the deposit fee.
4 5 d) The entire time needed to prepare food, decorate the facilitiesFacilities, or set-up 6 before the event, and to completely clean up after the event must be reserved by 7 the Applicant and must be stated on the application form. Early arrival or late 8 departure, by a caterer or any member of the Applicant’s party will result in 9 additional fees and forfeiture of deposit.
10 11 e) Depending on the nature of the event, Applicants may be required to meet with 12 Department staff at least fourteen (14) days before event to personally review 13 Applicant’s needs, set up, and Department Facility rules and regulations. 14 15 Standards of Issuance:
16 The Director may issue a Facility Permit hereunder when it is found:
17 18 a) That the proposed activity or use of a City Facility will not unreasonably interfere 19 with general public enjoyment of other facilities;
20 b) That the proposed activity or use will not unreasonably interfere with public health, 21 welfare, safety, or recreation;
22 c) That the proposed activity or use is not unlawful; 23 d) That the proposed activity or use will not entail unusual, extraordinary, or 24 burdensome expense to the City or require costly police support or assistance; 25 e) That the City Facility desired has not been previously reserved; 26 f) That the Applicant, if applying on behalf of a firm, corporation, joint venture, 27 association, social club, or any group or combination activity as a unit, be 28 organized and in existence for at least thirty (30) days prior to seeking a Facility 29 Permit;
30 g) That required fees have been paid; and
31 h) That, if applicable, evidence of insurance acceptable to the City has been provided. 32 33 Reservation and Use Priority:
34 Priority of use for all City Facilities shall be as follows:
35 36 1) City programs, and events including those activities and events that the City of 37 Laguna Hills is cosponsoring.
38 2) Laguna Hills sports organizations directly sponsoring youth programs open to all 39 applicantsyouth participants and predominately serving Laguna Hills youth. Local 40 youth and adult organizations and groups such as service clubs, churches, and 41 veterans, whose membership is open to the public, provided such organization 42 and/or group carries out its activities through an existing bona fide office, an 43 existing recognized place of worship, or an established meeting place that is 44 physically located within the City of Laguna Hills.
45 3) Residents of the City of Laguna Hills.
46 4) Local merchants of the City of Laguna Hills wishing to reserve and make use of 47 facilities for an activity directly related to their business pursuits within the City. 48 5) Non-resident nonprofit organizations.
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1 6) Non-resident individuals and businesses.
2 3 Verification of Classification:
4 Any Applicant requesting a nonprofit classification must attach written verification and 5 proof of nonprofit status to application. The status of an organization must be proved 6 by the Applicant to the satisfaction of the Director. 7 8 (CATEGORY A) - Resident Nonprofit: Local clubs and organizations that are open 9 to the general public and have their headquarters in the City of Laguna Hills. 10 Application for nonprofit rentals must include a Federal Tax Exempt I.D. number, 11 and may require proof of same by showing either a “Statement of Domestic 12 Nonprofit Organization” filed with the State of California or nonprofit tax 13 identification number.
14 15 (CATEGORY B) - Resident Private: Individuals, clubs, organizations, and other 16 groups, with a City of Laguna Hills address, and/or where its 17 participants/memberships are made up of at least 50% residents from the City 18 of Laguna Hills. Proof of residency is required.
19 20 (CATEGORY C) - Non-Resident Nonprofit: Nonprofit clubs, organizations, and 21 other groups that are non-residents of the City of Laguna Hills. Documentation 22 required as stated above.
23 24 (CATEGORY D) - Non-Resident Private: Individuals, clubs, organizations, and 25 other that are non-residents of the City of Laguna Hills. 26 27 (CATEGORY E) - Commercial: Business entities within or outside of the City of 28 Laguna Hills boundaries.
29 30 Laguna Hills Youth Sports Organization Verification:
31 Application for Laguna Hills Youth Sports Organization Facility use must include a 32 Federal Tax Exempt I.D. number, and may require proof of same by showing either a 33 “Statement of Domestic Nonprofit Organization” filed with the State of California or 34 nonprofit tax identification number. Appropriate documentation to verify Resident 35 Nonprofit status may also be requested which includes, but is not limited to, team 36 rosters, utility bills from team player’s place of residence, sports organization’s bylaws, 37 mission statements or equivalent.
38 39 Laguna Hills nonprofit youth sports organizations are defined as local nonprofit 40 volunteer organizations that are comprised predominately of Laguna Hills resident 41 youths. These organizations maintain a “no cut” policy where every child is not denied 42 the opportunity to play and registration is open to all Laguna Hills’ children. In addition, 43 the youth sports organization is administered by volunteer Laguna Hills residents that 44 serve as officers, coaches, commissioners, or board of directors and do not receive any 45 compensation for their volunteer service.
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1 Outdoor Park Amenities Use:
2 Outdoor Park amenities (including fieldsopen areas, volleyball and basketball courts, 3 picnic tables, BBQs, etc.) may be reserved for up to three (3) hours of use in conjunction 4 with a group picnic reservation when available. To request the use of aan outdoor Park 5 amenity as stated above, Applicant must indicate a three (3) hour time slot on the 6 Facility Permit application.
7 8 All outdoor Park amenities are(including open areas, volleyball and basketball courts, 9 picnic tables, BBQs, etc.) are available on a first come, first serve basis unless reserved 10 as stated above.
11 12 Policy Interpretation:
13 It is the policy of the City of Laguna Hills to grant the Department administrative 14 discretion to interpret and adjust the general rules of this policy to meet specific needs 15 of Applicants and the City. Appeals must may be made to the City Manager whose 16 decision shall be final..
17 18 Payments:
19 All payments are due fourteen (14) calendar days prior to scheduled use. Any balance 20 due can be paid by credit card, cashier’s check, personal check, or money order. 21 However, personalDeposit fees (or refundable deposit) will be collected at the time of 22 application submittal and prior to issuance of Facility Permit (See “Application Process”). 23 Remaining balance of Rental fees is due at least thirty (30) days prior to event. Personal 24 checks will not be accepted when any payment is made less than fourteen (14) calendar 25 days from the date of a reservation.
26 27 Any cash payment for a Facility Permit deposit and/or fees is limited to $500 per Person 28 per day.
29 30 All receipts for payments and any reimbursements will be made to the Applicant only, 31 regardless of payment source. Payments shall always be noted with event date(s), 32 Facility reserved, and responsible party for reservation. 33 34 Disruptive Behavior
35 Applicant’s conduct or behavior that disrupts, disturbs, or otherwise impedes the 36 orderly conduct of the scheduled activity permitted, or with the administration of City
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1 Facilities by City personnel and/or the enjoyment of others using a Park or Facility is 2 strictly prohibited.
3 4 Applicants are responsible for controlling noise that may be disturbing to other activities 5 occurring at a Park or Facility, or that may negatively impact a surrounding 6 neighborhood.
7 8 Applicants who engage in such disruptive conduct shall be subject to Eviction in 9 accordance to the City of Laguna Hills’ Municipal Code and may also result in the 10 revocation of a Facility Permit.
11 12 Revocation:
13 The Director shall have the authority to summarily revoke a Facility Permit upon finding 14 a violation of any provision, hereof, or upon finding a violation of any applicable City 15 Ordinances, City rules and regulations, and/or state law. The individual or group will 16 not be issued a permit for twelve months from date of the violation. 17 18 Appeal:
19 If an application and/or a Facility Permit is denied or revoked by the Director, an appeal 20 may be made to the City Manager in writing within five (5) business days of the Director’s 21 decision. The City Manager is not required to consider a late-filed appeal. The City 22 Manager’s decision on the appeal is final.
23 24 Waiver of Fees:
25 Any and all applicable fees may be waived or reduced, at the sole discretion of the City 26 Manager by the Director, for public school activities and events and governmental 27 purposes, as well as for community activities and events that are sponsored or co28 sponsored by the City. The decision of the City Manager shall be final. 29 30 Limitation of Use:
31 The City reserves the right to limit the hours of use of Park Facilities to prevent adverse 32 effect or conditions to adjacent residents or damage to the Facilities or turf because of 33 excessive use.
34 35 Security Services:
36 The City reserves the right to require security guard services for any activities held at 37 City Facilities at the Director’s discretion. All events serving Alcoholic Beverages require 38 security guard services. Events with a live band, disk jockey amplified music, or any 39 type of amplified music require security guard services. Department staff will arrange 40 for a a security guard service company on behalf of Applicant. Security guard service
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1 will be scheduled at a ratio of one (1) security guard per one hundred (100) guests, 2 unless the Director determines that more security guards are required for an event. 3 4 Department staff will arrange for a security guard service company on behalf of 5 Applicant. Security guard service will be scheduled for entire event time specified on 6 the Facility Permit.
7 8 The Applicant is responsible for the cost of security guard services. Cost for security 9 guard services are in addition to the Facility rental rates. Information regarding charges 10 for security services will be provided to the Applicant upon Facility booking, subject to 11 change if the terms and parameters of the reservation are modified. 12 13 Insurance Requirements:
14 Dependent upon the nature of the proposed activity for a Facility rental, the City may, 15 at its discretion, require the Applicant to purchase, through the Department’s insurance 16 service provider, coverage naming the City of Laguna Hills, its officers and employees as 17 additional insured. Insurance is required for all indoor Facility rentals. Information 18 regarding insurance coverage requirements will be provided to the Applicant upon 19 Facility booking. Applicant is responsible for the cost of insurance and providing the 20 City with the required Certificate of Insurance and endorsements at least ten (10) days 21 prior to Applicant’s use of Facility(ies). If insurance is not provided to the City at least 22 (10) days prior to the Applicant’s reservation, the reservation is subject to cancellation. 23 24 If the Applicant’s insurance cannot meet City requirements, or Applicant elects to use 25 the City’s insurer, Department staff will arrange for insurance coverage on Applicant’s 26 behalf and the Applicant will be responsible for paying the cost of such coverage at the 27 time of application. Information regarding Cost for insurance coverage requirements 28 and charges will be providedis in addition to the Facility rental rates. 29 30 The Director, in his or her discretion, may require Applicant to secure insurance 31 coverage as described above for an outdoor Facility reservation dependent upon Facility 32 booking,the nature of the activity. Insurance coverage requirements are subject to 33 change if the terms and parameters of the reservation are modified. Insurance coverage 34 is required for any activities where alcohol is served. 35 36
37 Damage to Facility:
38 Any person or group causing property or equipment damage to City Facilities, including 39 damage or defacement to Park amenities such as grass and, foliage, carpet, walls, 40 flooring, displays, signs, playground equipment, etc. will be required to pay for such 41 damage (based on current cost of repair or replacement as established by the City). The 42 City shall use Applicant’s deposit fee to cover costs of damage and will bill the Applicant 43 for any outstanding balance to cover full costs of damage if applicable. Until such 44 outstanding payment is received, the City may revoke Applicant’s current Facility Permit 45 and reject future applications.
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1 Smoking:
2 Smoking in City Parks and the Community Center is strictly prohibited per the City of 3 Laguna Hills Municipal Code.
4 5 Alcohol Use:
6 No Person shall consume, possess or sell any Alcoholic Beverages within a designated 7 Park. This prohibition shall not apply to reservations conducted at the Community 8 Center in accordance with applicable City policies and an approved Facility Permit (see 9 “Community Center Alcohol Use”).
10 11 Drug Use:
12 No Person shall consume, use, possess or sell illegal drugs at a City Park or the 13 Community Center.
14 15 Sale of Food:
16 A health permit is required from the County of Orange Healthcare Agency when food 17 will be sold during a Facility reservation, or in the opinion of the Director a health permit 18 is required. A copy of the health permit shall be filed with Department to be included 19 in Applicant’s Facility Permit.
20 21 Glass Containers:
22 No Person shall bring into, or have in his or her possession, in a Park a glass container. 23 This prohibition shall not apply to reservations occurring at the Community Center in 24 accordance with an approved Facility Permit.
25 26 Use of City Seal and Reference to City:
27 Any unauthorized references to the City that suggests (or can be interpreted as) the City 28 is endorsing or sponsoring a Person’s Facility reservation event is strictly prohibited and 29 may result in the revocation of a Facility Permit. Therefore, without prior written 30 authorization from the City of Laguna Hills, it is prohibited for Persons to:
31 32 i. use the City Seal or emblem in any form of outreach and/or advertisement of a 33 Person’s Facility reservation event; or
34 35 ii. use “The City of Laguna Hills,” or “City of Laguna Hills,” or “Laguna Hills 36 Community Center,” or any variation thereof, in the title of a Person’s Facility 37 reservation event advertisement, or in any manner that would suggest City 38 sponsorship or endorsement; or
39 40 iii. use of any image of City Facilities in reservation event advertisement, or in any 41 manner that would suggest City sponsorship or endorsement; or 42 43 iv. use of the City name, City Facility name, City address, a City email, and/or City 44 phone number as the official address or official contact information for a Person’s 45 reservation event.
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1 The City does not restrict a Person from using a Facility name and address to advertise 2 the location of a Person’s reservation event. For example:
3 4 Applicant’s name of event will be held at:
5 Laguna Hills Community Center and Sports Complex
6 25555 Alicia Parkway
7 Laguna Hills, CA 92653
8 9 Cleaning after Reservation
10 It is the Applicant’s responsibility to clean entire rented Facilities, and all equipment 11 used, to the condition prior to the Facilities reservation and to the satisfaction of 12 Department staff.
13 14 In the event Applicant does not clean the Facilities, or does not clean the Facilities to 15 the satisfaction of Department staff, the Department shall use Applicant’s deposit fee to 16 cover cleaning costs and will bill the Applicant any additional cleaning costs not covered 17 under deposit fee.
18 19 Until entire payment is received for total cleaning costs, the City may revoke Applicant’s 20 current Facility Permit and reject future applications. 21 22 Signs:
23 Signs (including, banners, balloons, and other decorative materials) used to promote, 24 advertise, or decorate a Facility reservation event, or for event wayfinding purposes, 25 must first be approved by the Director based on reasonable time, place, manner and 26 aesthetic considerations.
27 28 Applicants must note requested signage as well as desired locations on Applicant’s 29 Facility Permit. The proposed location of any requested sign(s) must be approved in 30 advance by the Director and will only be permitted for display during the reservation 31 hours designated on the Facility Permit.
32 33 Notwithstanding the forgoing, signs that contain any of the following are prohibited: 1) 34 Content not related to the purpose of Applicant’s Facility reservation; 2) Content that 35 defames, abuses harasses, stalks, threaten or violates the legal rights of others; 3) 36 Sexual content, profanity, vulgarity, obscenity, racism, hatred, slander, threats, and/or 37 violence; 4) Content that is not appropriate for all age groups; 5) Content that promotes, 38 fosters, or perpetuates discrimination or personal attacks on the basis of race, creed, 39 color, age, religion, gender, marital status, status with regard to public assistance, 40 national origin, physical or mental disability, or sexual orientation; 6) Content that 41 contains personal information about another person or that violates a person’s privacy; 42 and/or 7) Content that promotes or encourages illegal activity. 43 44 Any signs that are placed in an unapproved location or that violate this policy will be 45 immediately removed and the Applicant’s Facility Permit may be subject to revocation. 46
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1 Trash and Recycling Requirement:
2 All Applicants are required to recycle their trash during their Facility use. Information 3 about the City’s recycling requirements will be shared with Applicants at the time of 4 application.
5 6 Applicants who will be selling or serving food as part of their Facility reservation are 7 required to recycle all food waste (organic waste).
8 9 Dependent on the nature of the event, Department staff may require Applicant to 10 develop a recycling plan and any additional trash and recycling services in addition to 11 the City’s current service levels will be borne by the Applicant. 12 13 Failure by Applicant to adequately recycle their trash during their Facility reservation 14 may result in the forfeit of a Person’s deposit fee (or a portion thereof). 15 16 Cancellations:
17 The Department requests that Persons cancel their reservations at least fourteen 18 (14thirty (30) days prior to their reservation date as stated on an approved Facility 19 Permit. Cancellations are subject to cancellation fees as established by City Council 20 Resolution. Cancellations made less than fourteen (14thirty (30) days prior to a 21 reservation are subject to higher cancellation fees where applicablewill forfeit the 22 Applicant’s Facility deposit.
23 24 COMMUNITY CENTER FACILITY RESERVATION & USE POLICIES & PROCEDURES:
25 26 In addition to the “General Facility Reservation & Use Policies & Procedures” stated 27 above, the following policies and procedures shall also apply to reservations and use of 28 the Community Center.
29 30 Community Center Facility Rental Hours:
31 Community Center Facilities can be rented during the following hours:
32 Community Center Facility Rental Hours
Facility is available
and Setup Hours
must be included
Event must
end Time
Time available for event
cleanup
Monday -
Saturday
8:00 am 10:00 pm up to 11:00 pm
Sunday 12:00 pm 6:00 pm up to 7:00 pm
33 34 a) All events must end by time stated above under “Event must end Time.” 35 Additional time is allowed for event cleanup as designated above under “Time 36 available for event cleanup.” No music is allowed when an event ends or after the 37 “Event must end Time” as noted above, and all guests not participating in the 38 clean-up of the event must leave the event.
39 40 b) Forfeiture of one half of the deposit may be applied to Facility reservations that 41 runs up to one half hour past 11:00 pm on Monday – Saturdays, and up to one
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1 half hour past 7:00 pm on Sundays, or for a reservation that runs after the end 2 time (including clean-up time) specified on the Facility Permit up to one half hour. 3 4 c) Applicant will forfeit the full amount of deposit if Facility rental runs past 11:30 5 pm on Monday – Saturdays, and 7:30pm on Sundays, or for a reservation that 6 runs more than one half hour after the end time (including clean-up time) 7 specified on the Facility Permit.
8 9 d) The weekend rate will begin at 5:00 p.m. on Fridays and end on 7:00 pm on 10 Sundays.
11 12 e) Applicants will be charged time and one half hourly rental rate for early arrival. 13 14 f) There is a two (2) hour minimum hourly rental rate for Community Center Facility 15 rentals.
16 17 Mandatory Site Meeting:
18 A mandatory site meeting will shall be scheduled with the Applicant and Department 19 staff at the Community Center. The site meeting appointment should be made at least 20 fourteen (14) days prior to the event. Any caterer or special event coordinator should 21 also attend the site meeting. Failure to complete a site meeting could result in a 22 cancellation of the event and forfeiture of fees and deposits. 23 24 The Applicant is the only person who may request changes to the reservation. 25 26 Community Center Setup/Cleanup:
27 Usage time on the application must include all Facility preparation, including an 28 Applicant’s setup and decoration time by caterer and/or user, as well as cleanup time 29 following use. Reservations are based upon use within the specified time period. Any 30 additional use will be charged.
31 32 Applicants will not be allowed to occupy the Facilities during times not listed on the 33 Facility Permit. Reservations are based upon use within the specified time period on 34 Facility Permit and any additional use is subject to additional charges. 35 36 Department staff will be on hand to admit Applicant to the rented Facilities at the time 37 specified on the approved Facility Permit.
38 39 Applicants will not be allowed to occupy the Facilities during times not listed on the 40 Facility Permit. City staff will set up all tables, chairs, and equipment according to the 41 set -up plans provided. If no set up plan is submitted, City staff will set up the 42 reservation according to standard set up configurations for the type and size indicated 43 on the application.
44 45 Only one setup per group will be provided. Requests for changes to room setup after 46 the setup is completecompleted in accordance to the Facility Permit plan will not be 47 accommodated.
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1 Facilities must be left in the same condition in which they were found. Department staff 2 will provide Applicant with a clean-up checklist that must be filled out before and after 3 the activity to determine needed clean up or repairs before and after the rental. If the 4 Facility is not cleaned to the conditions prior to Applicant’s reservation, or to the 5 satisfaction of the Department staff, the Applicant will pay for cleaning costs which will 6 be deducted from Applicant’s deposit fee. If clean-up costs are more than the deposit 7 fee, the Applicant will be responsible for paying the difference. 8 9 Community Center & Kitchen Reservation Amenities:
10 11 a) Building rentalsRentals include the use of tables and chairs. Table covers are 12 not provided.
13 14 b) Eating and serving utensils are not provided.
15 16 c)b) Styrofoam products are prohibited from use in the Community Center. 17 18 d)c) Use of the kitchen must be included on the Facility Permit. Kitchen rental 19 offers use of refrigerator/freezer, stove, oven(s), warmers, ice machine, and 20 microwave. Partial Kitchen rentals only include use of refrigerator and ice 21 machine.
22 23 e)d) CookingEating, serving, and cooking utensils are not provided. Utensils 24 must be provided by the Applicant and must all be removed promptly and 25 completely upon conclusion of the event.
26 27 f)e) Refrigerator space may be limited due to active, on-going City programs. 28 29 g)f) Equipment or furnishings shall not be removed or rearranged without prior 30 written approval from the Director.
31 32 Community Center Decorations:
33 Decorations must be flame retardant. Decorations with hay or straw are prohibited. 34 Confetti, birdseed, popcorn, rice, or other material shall not be thrown. Nails, staples, 35 tape, and similar hardware may not be used to attach materials to walls or ceilings in 36 the Heritage Room. All decorative and other items, such as approved signs, shall be 37 removed by the end of the rental period. Do not drag heavy items on floors. Glitter is 38 not allowed. The use of Open open flames (i.e. candles) will not be allowed in the 39 facilities, unless specifically authorized in writing by the Directormust first be approved 40 on the Applicant’s Facility Permit.
41 42 All decorative and other items, such as approved signs, shall be removed by the end of 43 the rental period. Do not drag heavy items on floors. 44 45 Limited Space and Storage:
46 Due to limited space, storage will not be provided for building rentals. All equipment, 47 supplies, food, and decorations brought in by Applicant must be removed by the
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1 Applicant before leaving the building and within the rental time designated on 2 Applicant’s Facility Permit.
3 4 Department staff are not authorized to sign for deliveries and are not authorized to 5 permit any deliveries that vary from scheduled times. 6 7 The Department cannot be held responsible for any items delivered early or left behind. 8 The Applicant or event contact person must accept all deliveries. 9 10 The “set-up time” stated on the application form is the earliest time that any deliveries 11 can be made.
12 13 Community Center Alcohol Use:
14 The following rules and guidelines apply to Alcoholic Beverages use at the Community 15 Center.
16 17 Alcoholic Beverages are permitted only within the confines of the Laguna Hills 18 Community Center building and adjacent patios and courtyard. Beer kegs are allowed 19 only if an individual (bartender) is attending the keg and servicing beer to reservation 20 attendees. Beer kegs are restricted to only Community Center patio areas. 21 22 a) Applicants requesting the use of Alcoholic Beverages must submit a proper 23 application form with their facilityFacility use application. An alcohol permit fee, 24 set by City Council resolution, will be charged to all Applicants requesting to 25 serve alcoholAlcoholic Beverages.
26 27 b) Applications to serve Alcoholic Beverages will not be considered for approval for 28 any activity with a youth emphasis. This includes activities for minorsMinors 29 such as birthday parties, quinceaneras, bar and bat mitzvahs, or student 30 activities. Alcohol may not be served to minors. Alcoholic Beverages are to be 31 served only to persons 21 years of age and older. An Applicant’s failure to comply, 32 monitor, and enforce this law is grounds for terminating the activity and forfeiting 33 the refundable deposits and all rental fees which have been paid. 34 35 c) All Alcoholic Beverages must be consumed inside the rented area of the Facility. 36 The consumption ofmay not be served to Minors. Alcoholic Beverages is 37 prohibited during set up are to be served only to persons 21 years of age and 38 older.
39 40 d) Alcoholic Beverages are permitted only within the confines of the Laguna Hills 41 Community Center building and adjacent patios and courtyard. clean 42 43 e) Alcoholic Beverages cannot be served past 9:30 pm on Monday – Saturdays, and 44 5:30 pm on Sundays.
45 46 f) The maximum amount of time that Alcoholic Beverages may be served is 5 hours. 47 48 g) Security is required for all events serving Alcoholic Beverages.
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1 2 h) Alcoholic Beverages may not be consumed while setting up or cleaning up time. 3 an event.
4 5 i) A bartender is required for beer keg service or when hard alcohol is served. Hard 6 alcohol means all Alcoholic Beverages except for wine or beer served in cans or 7 bottles. Additionally, the following type of events require a bartender: weddings, 8 wedding receptions, and memorial services. It is the responsibility of the 9 Applicant to show proof the person serving Alcoholic Beverages is a qualified 10 bartending graduate from an accredited institution (RBS and/or TIPS). The 11 bartender CANNOT be a guest of the event and consume alcohol. The bartender 12 must supervise the bar for the duration of alcohol being served (maximum of 5 13 hours).
14 15 The Director has the discretion to require a bartender for any event serving 16 alcohol including events that will only serve wine and/or beer. 17 18 j) An Alcohol Beverage Control (A.B.C.) License must be provided if Alcoholic 19 Beverages are to be sold during the scheduled activity, if a donation is requested 20 or admission is by donation, if admission is charged, or if presale is charged for 21 an event where Alcoholic Beverages are present.
22 23 k) It is the responsibility of the Applicant to contact Alcohol Beverage Control to 24 obtain a license. A letter regarding your event will be provided for you to present 25 to the Alcohol Beverage Control License office. Contact Alcohol Beverage Control 26 at:
27 28 28 Civic Center Plaza
29 Santa Ana, California
30 (714) 558-4101
31 32 l) A copy of the A.B.C. license must be submitted to the Community Services 33 Department at least five (5) calendar days prior to your event. 34 35 m) Any violation of these Alcoholic Beverages rules and guidelines will result in 36 immediate termination of the event and the forfeiture of all rental fees and 37 security deposit in full.
38 39 n) If Applicant’s event is not serving Alcoholic Beverages, as designated on the 40 Applicant’s Facility Permit, and Alcoholic Beverages are found in or around the 41 reserved Facility, the event will immediately be terminated and the Applicant will 42 forfeit all rental fees and security deposit in full. 43 44 Hardwood Flooring:
45 Due to the special flooring, hard-soled shoes, food, or beverages are not allowed in the 46 physical activity room and gymnasium.
47 48 Animals:
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1 Animals will not be permitted inside the Community Center unless they are service 2 dogs/animals used by those requiring such assistance. 3 4
5 ATTACHMENTS:
6 7 City of Laguna Hills Rental Fees and Deposits Schedule (established by City Council 8 Resolutions)
9
Attachment 3
CITY OF LAGUNA HILLS
City Council Policy
Subject: Public Facility Reservation & Use Policy
Policy No. 317
Effective Date: August 28, 2018
PURPOSE:
To establish policies and procedures, in conjunction with the Park and Recreation Facility Use Regulations (City of Laguna Hills Municipal Code, Chapters 8-04, 8-10), with respect to authorizing reserved and exclusive use of City Facilities and Parks.
DEFINITIONS:
Applicant – means a Person applying for a Facility Permit for Director approval, or in possession of an approved Facility Permit.
Alcoholic Beverages – means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
Athletic Fields or Courts – means all ball diamonds, soccer fields, roller hockey rinks, and volleyball, basketball, and tennis courts owned, operated, or maintained by the City.
Community Center – means any portion of, whether indoors or outdoors, the Laguna Hills Community Center building located at 25555 Alicia Parkway, Laguna Hills.
Department – means Community Services Department.
Director – means the Community Services Director, the Community Services Director’s designee, the Deputy City Manager, or the Deputy City Manager’s designee.
Eviction – means expulsion from a City Facility and, if applicable, revocation of a Facility Permit.
Exclusive Use – means the right to use a City Facility, or portion thereof, for any activity at a specified time, on one or more occasions, to the exclusion of others.
Facility(ies) – means all City owned or maintained property, whether indoors or outdoors.
Facility Permit – means written permission issued by the Director authorizing a person or group to conduct specified activities within a City Facility, and/or authorizing the exclusive use of a City Facility, or portion thereof, by such persons or groups.
Large Group – means any organized activity in which fifty (50) or more individuals are expected to participate or attend.
Minors – means persons under 18 years of age.
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2 Park – means all parks, park-related buildings, facilities and grounds, recreational facilities, recreational areas, athletic fields or courts, and open space areas owned, operated, maintained, or controlled by the City.
Person – means every individual, firm, corporation, joint venture, association, social club, or any group or combination activity as a unit.
GENERAL FACILITY RESERVATION & USE POLICIES & PROCEDURES:
The following policies and procedures apply to all Facility rentals.
Facility Permits:
A Facility Permit must be obtained from the Community Services Department of the City of Laguna Hills, and all required deposits and fees paid before any Person shall occupy any part of a Facility on a reserved and exclusive-use basis or for any other activity listed in the Park and Recreation Facility Use Regulations (City of Laguna Hills Municipal Code, Chapters 8-04 and 8-10).
a) The following activities, require the issuance of a Facility Permit and Director approval. These activities must be noted on an application. i. Any activity involving the temporary erection or placement on Park property of stages, booths, generators, platforms, pitching machines, sculptures, and other art works, inflatable bounce houses or similar play equipment, rock climbing walls, or other similar structures or portable recreational equipment.
ii. The sale of any goods, wares, merchandise, food, or beverages in connection with a permitted group activity.
iii. Any activity involving the use of live music or amplified sound or music systems including, without limitation, loudspeakers or other amplification devices or public address systems.
iv. Any recurrent athletic league, club, team, or group sporting activity including but not limited to games, practices, scrimmages, exhibitions, clinics, or other team-sport or athletic-related events or activities.
v. Any organized activity in which fifty (50) or more individuals (Large Group) are expected to participate or attend, or to which the public is invited, or which requires special city services. Such group activities include, but are not limited to: picnics; gatherings; meetings; parades; camp-outs; plays; musical events; art shows; exhibitions; athletic events; concerts; expos; markets; fairs; festivals; lectures; or any type of entertainment or theatrical performances.
b) A permittee shall be bound by all City rules and regulations, by all applicable City Ordinances and applicable provisions of state and federal law. c) The City is not and shall not be held responsible for the loss, damage, or theft of equipment or articles owned or controlled by Facility users.
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3 d) A Facility Permit may not be transferred, assigned, or sublet. e) Any group using City Facilities outside of the established hours of operation, as approved by the Director, shall pay for each or any part of an hour for each City staff member assisting with the Facility reservation, in addition to the regular rental fee as established by City Council resolution.
f) Facility reservations may be booked up to one year in advance. g) City staff reserves the right to full access and inspection of all Facility reservation areas at any time.
h) Refunds of Facility rental fees and/or deposit fees may take up to 45 days to process if cash or checks are used.
i) Facility Permits will only be issued to persons 18 years of age and older, unless the application includes the use of alcoholic beverages in which case, reservations will only be issued to persons 21 years of age or older.
j) Groups of less than 50 individuals (or less than a Large Group) may reserve a Park if they desire to assure use of the Facility.
k) Large Group Park use will not be permitted on consecutive weekend days at the same Park without special approval from the Director.
l) A Facility Permit is required for the placement of any sanitation facilities (i.e. porta potties) in a Park.
m) Activities for Minors must be supervised by responsible adults at the ratio of one adult for every twenty Minors.
Rental Fees:
All Facility rental fees and deposits are set by City Council resolution.
Community Center rental fee policies:
i. The weekend rate, as established by City Council resolution, will begin at 5:00 p.m. on Fridays and end on 12:00 a.m. on Sundays.
ii. Applicants will be charged time and one half hourly rental rate for early arrival and late departure time not indicted on approved Facility Permit. iii. There is a two (2) hour minimum hourly rental rate for the Heritage Room, Classroom, and Art Room only.
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4 Application Process:
An Applicant seeking issuance of a Facility Permit shall file an application with the Department. The application must be received at least fourteen (14) days in advance of desired reservation date(s). Requests received less than fourteen (14) days in advance will be granted if conditions allow and payment for these reservations shall be paid in full when the request is made and the application is approved. a) An application must be submitted by an individual who is representing the group, association, firm, or corporation and is responsible for the Facility reservation. An Applicant must have official authorization to apply on behalf of an organization.
Applicant must include in the application:
i. The name, address, and contact information of the Applicant. ii. The name and address of the person, persons, corporation, or association sponsoring the activity, together with a list of the responsible officers and directors to whom notices and claims for damages may be directed. iii. The day and hours for which the permit is desired (including set up and clean up times).
iv. The Facility or Facilities for which such permit is desired. v. A numerical estimate of the anticipated attendance. (Attendance cannot exceed posted room occupancies).
vi. The percentage of the Applicant’s group who are residents of the City of Laguna Hills if requested. (Reasonable evidence of residential status may be required at the discretion of the Director).
vii. Any other information that the City finds reasonable or necessary to safeguard City Facilities and the public.
b) An Applicant must specify an exact list of the equipment that the Applicant desires to bring to Facility during a reservation. A map showing the locations of equipment may be required.
c) Deposit fees (or refundable deposit) will be collected at the time of application submittal and prior to issuance of Facility Permit. Certain deposit fees are refundable, as set forth by City Council Resolution, unless the deposit fee, or a portion there of, is used to cover Department’s costs for cleaning and/or damage caused by a Person’s facility reservation, to cover unpaid insurance processing costs, or to cover cancellation fees.
d) The entire time needed to prepare food, decorate the facilities, or set-up before the event, and to completely clean up after the event must be reserved by the Applicant and must be stated on the application form. Early arrival or late departure, by a caterer or any member of the Applicant’s party will result in additional fees. e) Depending on the nature of the event, Applicants may be required to meet with Department staff at least fourteen (14) days before event to personally review Applicant’s needs, set up, and Department Facility rules and regulations.
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5 Standards of Issuance:
The Director may issue a Facility Permit hereunder when it is found:
a) That the proposed activity or use of a City Facility will not unreasonably interfere with general public enjoyment of other facilities;
b) That the proposed activity or use will not unreasonably interfere with public health, welfare, safety, or recreation;
c) That the proposed activity or use is not unlawful;
d) That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense to the City or require costly police support or assistance; e) That the City Facility desired has not been previously reserved; f) That the Applicant, if applying on behalf of a firm, corporation, joint venture, association, social club, or any group or combination activity as a unit, be organized and in existence for at least thirty (30) days prior to seeking a Facility Permit;
g) That required fees have been paid; and
h) That, if applicable, evidence of insurance acceptable to the City has been provided.
Reservation and Use Priority:
Priority of use for all City Facilities shall be as follows:
1) City programs, including those activities and events that the City of Laguna Hills is cosponsoring.
2) Laguna Hills sports organizations directly sponsoring youth programs open to all applicants and predominately serving Laguna Hills youth. Local youth and adult organizations and groups such as service clubs, churches, and veterans, whose membership is open to the public, provided such organization and/or group carries out its activities through an existing bona fide office, an existing recognized place of worship, or an established meeting place that is physically located within the City of Laguna Hills.
3) Residents of the City of Laguna Hills.
4) Local merchants of the City of Laguna Hills wishing to reserve and make use of facilities for an activity directly related to their business pursuits within the City. 5) Non-resident nonprofit organizations.
6) Non-resident individuals and businesses.
Verification of Classification:
Any Applicant requesting a nonprofit classification must attach written verification and proof of nonprofit status to application. The status of an organization must be proved by the Applicant to the satisfaction of the Director.
(CATEGORY A) - Resident Nonprofit: Local clubs and organizations that are open to the general public and have their headquarters in the City of Laguna Hills.
Application for nonprofit rentals must include a Federal Tax Exempt I.D. number, and may require proof of same by showing either a “Statement of Domestic
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6 Nonprofit Organization” filed with the State of California or nonprofit tax identification number.
(CATEGORY B) - Resident Private: Individuals, clubs, organizations, and other groups, with a City of Laguna Hills address, and/or where its participants/memberships are made up of at least 50% residents from the City of Laguna Hills. Proof of residency is required.
(CATEGORY C) - Non-Resident Nonprofit: Nonprofit clubs, organizations, and other groups that are non-residents of the City of Laguna Hills. Documentation required as stated above.
(CATEGORY D) - Non-Resident Private: Individuals, clubs, organizations, and other that are non-residents of the City of Laguna Hills. (CATEGORY E) - Commercial: Business entities within or outside of the City of Laguna Hills boundaries.
Laguna Hills Youth Sports Organization Verification:
Application for Laguna Hills Youth Sports Organization Facility use must include a Federal Tax Exempt I.D. number, and may require proof of same by showing either a “Statement of Domestic Nonprofit Organization” filed with the State of California or nonprofit tax identification number. Appropriate documentation to verify Resident Nonprofit status may also be requested which includes, but is not limited to, team rosters, utility bills from team player’s place of residence, sports organization’s bylaws, mission statements or equivalent.
Laguna Hills nonprofit youth sports organizations are defined as local nonprofit volunteer organizations that are comprised predominately of Laguna Hills resident youths. These organizations maintain a “no cut” policy where every child is not denied the opportunity to play and registration is open to all Laguna Hills’ children. In addition, the youth sports organization is administered by volunteer Laguna Hills residents that serve as officers, coaches, commissioners, or board of directors and do not receive any compensation for their volunteer service.
Park Amenities Use:
Park amenities (including fields, volleyball and basketball courts, picnic tables, BBQs, etc.) may be reserved for up to three (3) hours of use in conjunction with a group picnic reservation when available. To request the use of a Park amenity, Applicant must indicate a three (3) hour time slot on the Facility Permit application.
All Park amenities are on a first come, first serve basis unless reserved as stated above.
Policy Interpretation:
It is the policy of the City of Laguna Hills to grant the Department administrative discretion to interpret and adjust the general rules of this policy to meet specific needs
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7 of Applicants and the City. Appeals must be made to the City Manager whose decision shall be final.
Payments:
All payments are due fourteen (14) calendar days prior to scheduled use. Any balance due can be paid by credit card, cashier’s check, personal check, or money order.
However, personal checks will not be accepted when any payment is made less than fourteen (14) calendar days from the date of a reservation.
Any cash payment for a Facility Permit deposit and/or fees is limited to $500 per Person per day.
All receipts for payments and any reimbursements will be made to the Applicant only, regardless of payment source. Payments shall always be noted with event date(s), Facility reserved, and responsible party for reservation.
Disruptive Behavior
Applicant’s conduct or behavior that disrupts, disturbs, or otherwise impedes the orderly conduct of the scheduled activity permitted, or with the administration of City Facilities by City personnel and/or the enjoyment of others using a Park or Facility is strictly prohibited.
Applicants are responsible for controlling noise that may be disturbing to other activities occurring at a Park or Facility, or that may negatively impact a surrounding neighborhood.
Applicants who engage in such disruptive conduct shall be subject to Eviction in accordance to the City of Laguna Hills’ Municipal Code and may also result in the revocation of a Facility Permit.
Revocation:
The Director shall have the authority to summarily revoke a Facility Permit upon finding a violation of any provision, hereof, or upon finding a violation of any applicable City Ordinances, City rules and regulations, and/or state law. The individual or group will not be issued a permit for twelve months from date of the violation.
Appeal:
If an application and/or a Facility Permit is denied or revoked by the Director, an appeal may be made to the City Manager in writing within five (5) business days of the Director’s decision. The City Manager is not required to consider a late-filed appeal. The City Manager’s decision on the appeal is final.
Waiver of Fees:
Any and all applicable fees may be waived or reduced, at the sole discretion of the City Manager, for public school activities and events and governmental purposes, as well as
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8 for community activities and events that are sponsored or co-sponsored by the City. The decision of the City Manager shall be final.
Limitation of Use:
The City reserves the right to limit the hours of use of Park Facilities to prevent adverse effect or conditions to adjacent residents or damage to the Facilities or turf because of excessive use.
Security Services:
The City reserves the right to require security guard services for any activities held at City Facilities at the Director’s discretion. Department staff will arrange for a security guard service company on behalf of Applicant. Security guard service will be scheduled for entire event time specified on the Facility Permit. The Applicant is responsible for the cost of security guard services. Information regarding charges for security services will be provided to the Applicant upon Facility booking, subject to change if the terms and parameters of the reservation are modified.
Insurance Requirements:
Dependent upon the nature of the proposed activity for a Facility rental, the City may, at its discretion, require the Applicant to purchase, through the Department’s insurance service provider, coverage naming the City of Laguna Hills, its officers and employees as additional insured. Department staff will arrange for insurance coverage on Applicant’s behalf and the Applicant will be responsible for paying the cost of such coverage at the time of application. Information regarding insurance coverage requirements and charges will be provided to the Applicant upon Facility booking, subject to change if the terms and parameters of the reservation are modified. Insurance coverage is required for any activities where alcohol is served.
Damage to Facility:
Any person or group causing property or equipment damage to City Facilities, including damage or defacement to Park amenities such as grass and foliage, will be required to pay for such damage (based on current cost of repair or replacement as established by the City). The City shall use Applicant’s deposit fee to cover costs of damage and will bill the Applicant for any outstanding balance to cover full costs of damage if applicable.
Until such outstanding payment is received, the City may revoke Applicant’s current Facility Permit and reject future applications.
Smoking:
Smoking in City Parks and the Community Center is strictly prohibited per the City of Laguna Hills Municipal Code.
Alcohol Use:
No Person shall consume, possess or sell any Alcoholic Beverages within a designated Park. This prohibition shall not apply to reservations conducted at the Community
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9 Center in accordance with applicable City policies and an approved Facility Permit (see “Community Center Alcohol Use”).
Sale of Food:
A health permit is required from the County of Orange Healthcare Agency when food will be sold during a Facility reservation, or in the opinion of the Director a health permit is required. A copy of the health permit shall be filed with Department to be included in Applicant’s Facility Permit.
Glass Containers:
No Person shall bring into, or have in his or her possession, in a Park a glass container.
This prohibition shall not apply to reservations occurring at the Community Center in accordance with an approved Facility Permit.
Use of City Seal and Reference to City:
Any unauthorized references to the City that suggests (or can be interpreted as) the City is endorsing or sponsoring a Person’s Facility reservation event is strictly prohibited and may result in the revocation of a Facility Permit. Therefore, without prior written authorization from the City of Laguna Hills, it is prohibited for Persons to:
i. use the City Seal or emblem in any form of outreach and/or advertisement of a Person’s Facility reservation event; or
ii. use “The City of Laguna Hills,” or “City of Laguna Hills,” or “Laguna Hills Community Center,” or any variation thereof, in the title of a Person’s Facility reservation event advertisement, or in any manner that would suggest City sponsorship or endorsement; or
iii. use of any image of City Facilities in reservation event advertisement, or in any manner that would suggest City sponsorship or endorsement; or iv. use of the City name, City Facility name, City address, a City email, and/or City phone number as the official address or official contact information for a Person’s reservation event.
The City does not restrict a Person from using a Facility name and address to advertise the location of a Person’s reservation event. For example:
Applicant’s name of event will be held at:
Laguna Hills Community Center and Sports Complex
25555 Alicia Parkway
Laguna Hills, CA 92653
Cleaning after Reservation
It is the Applicant’s responsibility to clean entire rented Facilities, and all equipment used, to the condition prior to the Facilities reservation and to the satisfaction of Department staff. In the event Applicant does not clean the Facilities, or does not clean
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10 the Facilities to the satisfaction of Department staff, the Department shall use Applicant’s deposit fee to cover cleaning costs and will bill the Applicant any additional cleaning costs not covered under deposit fee. Until entire payment is received for total cleaning costs, the City may revoke Applicant’s current Facility Permit and reject future applications.
Signs:
Signs (including, banners, balloons, and other decorative materials) used to promote, advertise, or decorate a Facility reservation event, or for event wayfinding purposes, must first be approved by the Director based on reasonable time, place, manner and aesthetic considerations. Applicants must note requested signage as well as desired locations on Applicant’s Facility Permit. The proposed location of any requested sign(s) must be approved in advance by the Director and will only be permitted for display during the reservation hours designated on the Facility Permit. Notwithstanding the forgoing, signs that contain any of the following are prohibited: 1) Content not related to the purpose of Applicant’s Facility reservation; 2) Content that defames, abuses harasses, stalks, threaten or violates the legal rights of others; 3) Sexual content, profanity, vulgarity, obscenity, racism, hatred, slander, threats, and/or violence; 4) Content that is not appropriate for all age groups; 5) Content that promotes, fosters, or perpetuates discrimination or personal attacks on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation; 6) Content that contains personal information about another person or that violates a person’s privacy; and/or 7) Content that promotes or encourages illegal activity.
Any signs that are placed in an unapproved location or that violate this policy will be immediately removed and the Applicant’s Facility Permit may be subject to revocation.
Trash and Recycling Requirement:
All Applicants are required to recycle their trash during their Facility use. Information about the City’s recycling requirements will be shared with Applicants at the time of application. Applicants who will be selling or serving food as part of their Facility reservation are required to recycle all food waste (organic waste). Dependent on the nature of the event, Department staff may require Applicant to develop a recycling plan and any additional trash and recycling services in addition to the City’s current service levels will be borne by the Applicant.
Failure by Applicant to adequately recycle their trash during their Facility reservation may result in the forfeit of a Person’s deposit fee (or a portion thereof).
Cancellations:
The Department requests that Persons cancel their reservations at least fourteen (14) days prior to their reservation date as stated on an approved Facility Permit.
Cancellations are subject to cancellation fees as established by City Council Resolution.
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11 Cancellations made less than fourteen (14) days prior to a reservation are subject to higher cancellation fees where applicable.
COMMUNITY CENTER FACILITY RESERVATION & USE POLICIES & PROCEDURES:
In addition to the “General Facility Reservation & Use Policies & Procedures” stated above, the following policies and procedures shall also apply to reservations and use of the Community Center.
Mandatory Site Meeting:
A mandatory site meeting will be scheduled with the Applicant and Department staff at the Community Center. The site meeting appointment should be made at least fourteen (14) days prior to the event. Any caterer or special event coordinator should also attend the site meeting. Failure to complete a site meeting could result in a cancellation of the event and forfeiture of fees and deposits. The Applicant is the only person who may request changes to the reservation.
Community Center Setup/Cleanup:
Usage time on the application must include all Facility preparation, including an Applicant’s setup and decoration time by caterer and/or user, as well as cleanup time following use. Reservations are based upon use within the specified time period. Any additional use will be charged.
Department staff will be on hand to admit Applicant to the rented Facilities at the time specified on the approved Facility Permit. Applicants will not be allowed to occupy the Facilities during times not listed on the Facility Permit. City staff will set up all tables, chairs, and equipment according to the set up plans provided. If no set up plan is submitted, City staff will set up the reservation according to standard set up configurations for the type and size indicated on the application. Only one setup per group will be provided. Requests for changes to room setup after the setup is complete in accordance to the Facility Permit plan will not be accommodated.
Facilities must be left in the same condition in which they were found. Department staff will provide Applicant with a clean-up checklist that must be filled out before and after the activity to determine needed clean up or repairs before and after the rental. If the Facility is not cleaned to the conditions prior to Applicant’s reservation, or to the satisfaction of the Department staff, the Applicant will pay for cleaning costs which will be deducted from Applicant’s deposit fee. If clean-up costs are more than the deposit fee, the Applicant will be responsible for paying the difference.
Community Center & Kitchen Reservation Amenities:
a) Building rentals include the use of tables and chairs. Table covers are not provided.
b) Eating and serving utensils are not provided.
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12 c) Styrofoam products are prohibited from use in the Community Center. d) Use of the kitchen must be included on the Facility Permit. Kitchen rental offers use of refrigerator/freezer, stove, oven(s), and microwave. Partial Kitchen rentals only include use of refrigerator and ice machine.
e) Cooking utensils are not provided. Utensils must be provided by the Applicant and must all be removed promptly and completely upon conclusion of the event. f) Refrigerator space may be limited due to active, on-going City programs. g) Equipment or furnishings shall not be removed or rearranged without prior written approval from the Director.
Community Center Decorations:
Decorations must be flame retardant. Decorations with hay or straw are prohibited.
Confetti, birdseed, popcorn, rice, or other material shall not be thrown. Nails, staples, tape, and similar hardware may not be used to attach materials to walls or ceilings in the Heritage Room. All decorative and other items, such as approved signs, shall be removed by the end of the rental period. Do not drag heavy items on floors. Glitter is not allowed. Open flames (i.e. candles) will not be allowed in the facilities, unless specifically authorized in writing by the Director.
Limited Space and Storage:
Due to limited space, storage will not be provided for building rentals. All equipment, supplies, food, and decorations brought in by Applicant must be removed by the Applicant before leaving the building and within the rental time designated on Applicant’s Facility Permit.
Department staff are not authorized to sign for deliveries and are not authorized to permit any deliveries that vary from scheduled times. The Department cannot be held responsible for any items delivered early or left behind. The Applicant or event contact person must accept all deliveries. The “set-up time” stated on the application form is the earliest time that any deliveries can be made.
Community Center Alcohol Use:
Alcoholic Beverages are permitted only within the confines of the Laguna Hills Community Center building and adjacent patios and courtyard. Beer kegs are allowed only if an individual (bartender) is attending the keg and servicing beer to reservation attendees. Beer kegs are restricted to only Community Center patio areas.
Applicants requesting the use of Alcoholic Beverages must submit a proper application form with their facility use application. An alcohol permit fee, set by City Council resolution, will be charged to all Applicants requesting to serve alcohol.
Applications to serve Alcoholic Beverages will not be considered for approval for any activity with a youth emphasis. This includes activities for minors such as birthday
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13 parties, quinceaneras, bar and bat mitzvahs, or student activities. Alcohol may not be served to minors. Alcoholic Beverages are to be served only to persons 21 years of age and older. An Applicant’s failure to comply, monitor, and enforce this law is grounds for terminating the activity and forfeiting the refundable deposits and all rental fees which have been paid.
All Alcoholic Beverages must be consumed inside the rented area of the Facility. The consumption of Alcoholic Beverages is prohibited during set up and clean up time. An Alcohol Beverage Control (A.B.C.) License must be provided if Alcoholic Beverages are to be sold during the scheduled activity, if a donation is requested or admission is by donation, if admission is charged, or if presale is charged for an event where Alcoholic Beverages are present.
It is the responsibility of the Applicant to contact Alcohol Beverage Control to obtain a license. A letter regarding your event will be provided for you to present to the Alcohol Beverage Control License office. Contact Alcohol Beverage Control at:
28 Civic Center Plaza
Santa Ana, California
(714) 558-4101
A copy of the A.B.C. license must be submitted to the Community Services Department at least five (5) calendar days prior to your event.
Hardwood Flooring:
Due to the special flooring, hard-soled shoes, food, or beverages are not allowed in the physical activity room and gymnasium.
Animals:
Animals will not be permitted inside the Community Center unless they are service dogs/animals used by those requiring such assistance.
ATTACHMENTS:
City of Laguna Hills Rental Fees and Deposits Schedule (established by City Council Resolutions)
Item No. 4.6
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Holland Gannon, Community Services Manager
Issue: 2024 Holiday Event Series Update
Recommendation: That the City Council receive and file the report.
Background:
The Community Services Department Staff is planning the 2024 Holiday Event Series to include four festive activities designed to bring joy and celebration to our community. In addition, holiday related recreation workshops will also be offered this season. Below are the details for each of the four events and the recreation programs.
1. Tree Lighting Ceremony
• Date: December 6, 2024
• Location: Community Center Parking Lot and Plaza
• Features:
o Snow Play Area: Located in the Community Center parking lot for a winter wonderland experience.
o Santa Claus Appearance: Santa will be present in the Community Center Plaza area, available for photos inside the giant walk-through Holiday Ornament.
o Holiday Music: Enjoy festive tunes provided by carolers as well as ambient holiday music.
o Refreshments and Crafts: A variety of holiday-themed refreshments and craft activities for all ages.
Item No. 4.6
2. Parent’s Night Out
• Date: December 13, 2024
• Features:
o Crafts: Creative holiday-themed craft projects for children. o Dinner: Pizza will be provided.
o Games: Fun and engaging games for kids to enjoy.
o Bounce Houses: Inflatable bounce houses and obstacle courses for play.
3. Breakfast with Santa
• Date: December 14, 2024
• Features:
o Breakfast: A pancake breakfast will be provided to all attendees. o Story Time: Enjoy a special holiday story time hosted by OC Public Library. o Crafts: Holiday crafts for children to make and take home. o Pictures with Santa: Capture the moment with Santa Claus in a festive setting.
4. Holiday Dance Extravaganza
• Date: December 21, 2024
• Features:
o Dance Performances: Experience performances from some of Orange County’s top dance groups showcasing their holiday-themed routines.
Additional Recreation Programming:
• Holiday Painting Party: November 2
• Fall Centerpiece Workshop: November 23
• Holiday Wreath Workshop: December 12
• Holiday Lights Excursion: TBD
Fiscal Impact:
The budget for the 2024 Holiday Event Series is $25,000.
Item No. 4.6
Attachments:
None
Item No. 4.7
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Proposed First Amendment to Civic Center Office Lease with Fay Blix, an individual dba The Law Offices of Fay Blix, for 24031 El Toro Road, Suite 301, Laguna Hills, California
Recommendation: That the City Council: 1) Approve the first amendment to the lease agreement with Fay Blix, an individual dba The Law Offices of Fay Blix, for 24031 El Toro Road, Suite 301, Laguna Hills, California; and 2) Authorize the City Manager to make minor modifications, as necessary, to the first amendment to the lease agreement and to execute the first amendment to the lease agreement.
Background:
City staff and the Civic Center property management company have negotiated a fiveyear lease renewal with Fay Blix, an individual dba The Law Offices of Fay Blix, for 24031 El Toro Road, Suite 301. Ms. Fay Blix currently operates a law practice, and has been leasing space in the Civic Center since 2012. The most current lease was executed June 14, 2022 for a two-year period starting November 1, 2022 and expiring October 31, 2024. The first amendment to the lease has been included as an attachment to this staff report. City staff is recommending approval of the lease amendment.
CEQA Findings:
CEQA Guidelines Section 15378 specifically excludes organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.
Fiscal Impact:
Item No. 4.7
The following is a summary of the key lease terms and financial analysis:
Commencement
Date:
November 1, 2024
Term: Sixty (60) months
Rentable Square
Feet:
2,312
Upfront Capital: $31,676 (estimated)
Base Rent: Months 1-12: $5,548.80/month (~$2.40/SF/mo)
Months 13-24: $5,715.26/month (~$2.47/SF/mo)
Months 25-36: $5,886.72/month (~$2.55/SF/mo)
Months 37-48: $6,063.32/month (~$2.62/SF/mo)
Months 49-60: $6,245.22/month (~$2.70/SF/mo)
Total Rent Payments: $336,361
The Base Rent includes the lessee’s share of eligible operating expenses (also known as common area maintenance charges) for the first year. In the second and subsequent years, any increases in eligible operating expenses will be borne, proportionally, by the lessee up to 4% annually.
The Base Rent schedule reflects a 3% annual increase.
Upfront Capital includes leasing commissions and tenant improvements (or allowances for tenant improvements). The negotiated first amendment to the lease includes up to $14,000 in tenant improvement allowances. Essex Realty, per the terms of the existing property management agreement, will receive approximately $7,070 for its lease commission (2% of total rent consideration) as the lessor's broker, and the broker representing Fay Blix will receive approximately $10,605 for its lease commission (3% of total rent consideration) as the lessee's broker.
Attachments:
1. Proposed First Amendment to Lease, Suite 301
THIS AMENDMENT TO LEASE is made and entered into as of August 27, 2024 , by and between The City of Laguna Hills, a municipal corporation organized and existing under the laws of the State of California ("Lessor") and Fay Blix, an individual dba The Law Offices of Fay Blix ("Lessee").
WHEREAS, on or about June 14, 2022 a Lease was entered into by and between Lessor and Lessee relaƟng to certain real property commonly known as (street address, city, state, zip): 24031 El Toro Road, Suite 301 Laguna Hills, CA 92653 (the "Premises"), and WHEREAS, Lessor and Lessee have have not previously amended said Lease, and WHEREAS, the Lessor and Lessee now desire to amend said Lease, NOW, THEREFORE, for payment of TEN DOLLARS and other good and valuable consideraƟon to Lessor, the receipt and sufficiency of which is hereby acknowledged, the parƟes mutually agree to make the following addiƟons and modificaƟons to the Lease:
TERM: The ExpiraƟon Date is hereby advanced extended to October 31, 2029 .
AGREED USE: The Agreed Use is hereby modified to: .
BASE RENT ADJUSTMENT: Monthly Base Rent shall be asfollows:
From November 1, 2024 - November 30, 2024 Base Rent shall be abated.
From December 1, 2024 - October 31, 2025 Base Rent shall be $5,548.80 per month.
From November 1, 2025 - November 30, 2025 Base Rent shall be abated.
From December 1, 2025 - October 31, 2026 Base Rent shall be $5,715.26 per month.
From November 1, 2026 - November 30, 2026 Base Rent shall be abated.
From December 1, 2026 - October 31, 2027 Base Rent shall be $5,886.72 per month.
From November 1, 2027 - October 31, 2028 Base Rent shall be $6,063.32 per month.
From November 1, 2028 - October 31, 2029 Base Rent shall be $6,245.22 per month. .
OTHER: Security Deposit: Lessee currently has a security deposit with Lessor in the amount of $5,679.90. Lessee shall deposit an additional amount of $1,351.90 to bring the security deposit to $7,031.80 pursuant to section 5 of the Lease.
Tenant Improvements: Lessor shall provide Tenant with a TI Allowance of no more than $14,000 to be paid directly to Lessee. Lessee is to perform all tenant Improvements which includes but not limited to hiring architect, submitting building plans, submitting construction permits, hiring licensed and insured contractor and funding any tenant improvement costs. Lessee to provide Lessor with contractor invoices, proof of payment and lien releases once work is 100% complete. Should Lessee not utilize the entire TI Allowance; the remaining balance will be null and void and cannot be utilized at any other time or for any other matter.
Prior to the commencement of this Renewal term, Lessor at Lessor's sole cost and expense shall have damaged ceiling tiles replaced in the library and hallway areas of the Premises.
Base Year: Section 1.9 of the lease shall be modified to give Lessee a new Base Year of 2025. Lessee shall have no obligation to pay a share of the Operating Expense Increase applicable to the first 12 months of this Amendment term.
Option to Renew: Provided the Lessee is not in default, Lessee shall have the right to renew the Lease under the same terms and conditions for an additional period of up to five (5) years except the rental rate shall be adjusted to reflect the fair market rate at the time of renewal taking into consideration acceptable market concessions. In addition, the Base Year Expenses shall be adjusted to reflect the year of the extended First AMENDMENT TO LEASE
term. Should Lessee wish to exercise said Option(s), Lessee shall notify the Lessor in writing of their desire to exercise their option no later than One hundred and twenty (120) days prior to termination of the term or renewal period.
Accessibility; Americans with Disabilities Act: The Premises have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law.
Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises .
This Amendment shall not be construed against the party preparing it, but shall be construed as if all parƟes jointly prepared this Amendment and any uncertainty and ambiguity shall not be interpreted against any one party. Signatures to this Amendment accomplished by means of electronic signature or similar technology shall be legal and binding.
All other terms and condiƟons of this Lease shall remain unchanged and shall conƟnue in full force and effect except as specifically amended herein.
EXECUTED as of the day and year first above wriƩen.
By Lessor:
The City of Laguna Hills, a municipal
corporation organized and existing under the
laws of the State of California
By:
Name Printed: Jarad L. Hildenbrand
Title: City Manager
Phone:
Fax:
Email:
By:
Name Printed:
Title:
Phone:
Fax:
Email:
Address:
Federal ID No.:
By Lessee:
Fay Blix, an individual dba The Law Offices
of Fay Blix
By:
Name Printed: Fay Blix
Title:
Phone:
Fax:
Email:
By:
Name Printed:
Title:
Phone:
Fax:
Email:
Address:
Federal ID No.:
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
When you enter into a discussion with a real estate agent regarding a real estate transacƟon, you should from the outset understand what type of agency relaƟonship or representaƟon you wish to have with the agent in the transacƟon.
SELLER'S AGENT
A Seller's agent under a lisƟng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmaƟve obligaƟons:
To the Seller: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duƟes. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the parƟes.
An agent is not obligated to reveal to either party any confidenƟal informaƟon obtained from the other party that does not involve the affirmaƟve duƟesset forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situaƟons, the agent is not the Seller's agent, even if by agreement the agent may receive compensaƟon forservices rendered, either in full or in part from the Seller. An agent acƟng only for a Buyer has the following affirmaƟve obligaƟons:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duƟes. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the parƟes.
An agent is not obligated to reveal to either party any confidenƟal informaƟon obtained from the other party that does not involve the affirmaƟve duƟesset forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acƟng directly or through one or more salesperson and broker associates, can legally be the agent of both the Seller and the Buyer in a transacƟon, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situaƟon, the agent hasthe following affirmaƟve obligaƟonsto both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duƟes to the Seller and the Buyer as stated above in their respecƟve secƟons.
In represenƟng both Seller and Buyer, a dual agent may not, without the express permission of the respecƟve party, disclose to the other party confidenƟal informaƟon, including, but not limited to, facts relaƟng to either the Buyer’s or Seller’s financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including the Seller’s willingness to accept a price less than the lisƟng price or the Buyer’s willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmaƟon of which agent is represenƟng you and whether that agent isrepresenƟng you exclusively in the transacƟon or acƟng as a dual agent. Please pay aƩenƟon to that confirmaƟon to make sure it accurately reflects your understanding of your agent’s role. The above duƟes of the agent in a real estate transacƟon do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transacƟon. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent aƩenƟon and observaƟon. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟon can be complex and subject to change.
Throughout your real property transacƟon you may receive more than one disclosure form, depending upon the number of agents assisƟng in the transacƟon. The law requires each agent with whom you have more than a casual relaƟonship to present you with this disclosure form. You should read its contents each Ɵme it is presented to you, considering the relaƟonship between you and the real estate agent in your specific transacƟon. This disclosure form includesthe provisions of SecƟons 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE).
Buyer Seller Lessor Lessee The City of Laguna Hills Date:
Buyer Seller Lessor Lessee Fay Blix Date:
Agent: Essex Realty Management DRE Lic. #: 00965485
Real Estate Broker (Firm)
By: Heather Stark DRE Lic. #: 02153034 Date:
(Salesperson or Broker-Associate)
THIS FORM HAS BEEN PREPARED BY AIR CRE. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF THIS FORM FOR ANY SPECIFIC TRANSACTION. PLEASE SEEK LEGAL COUNSEL AS TO THE APPROPRIATENESS OF THIS FORM.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in SecƟons 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acƟng under provisions of Title 9 (commencing with SecƟon 2295) in a real property transacƟon, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with SecƟon 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a lisƟng is executed or an offer to purchase is obtained. The agent in the real property transacƟon bears responsibility for that agent’s salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transacƟon, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate funcƟons. (b) “Buyer” means a transferee in a real property transacƟon, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transacƟon. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residenƟal real property, (2) dwelling units made subject to Chapter 2 (commencing with SecƟon 1940) of Title 5, (3) a mobilehome, as defined in SecƟon 798.3, (4) vacant land, or(5) a recreaƟonal vehicle, as defined in SecƟon 799.29. (d) “Dual agent” means an agent acƟng, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transacƟon. (e) “LisƟng agreement” means a wriƩen contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other servicesfor which a real estate license isrequired to the seller pursuant to the terms of the agreement. (f) “Seller’s agent” means a person who has obtained a lisƟng of real property to act as an agent for compensaƟon. (g) “LisƟng price” is the amount expressed in dollars specified in the lisƟng for which the seller is willing to sell the real property through the seller’s agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a wriƩen contract executed by a buyer acƟng through a buyer’s agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of SecƟon 761 in property, and includes (1) single-family residenƟal property, (2) mulƟunit residenƟal property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in SecƟon 18007 of the Health and Safety Code, or a mobilehome as defined in SecƟon 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in SecƟon 10131.6 of the Business and Professions Code. (k) “Real property transacƟon” means a transacƟon for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transacƟon, and includes a lisƟng or an offer to purchase. (l) “Sell,” “sale,” or “sold” refersto a transacƟon for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transacƟons for the creaƟon of a real property sales contract within the meaning of SecƟon 2985, and transacƟons for the creaƟon of a leasehold exceeding one year’s duraƟon. (m) “Seller” means the transferor in a real property transacƟon and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (n) “Buyer’s agent” means an agent who represents a buyer in a real property transacƟon. 2079.14. A seller’s agent and buyer’s agent shall provide the seller and buyer in a real property transacƟon with a copy of the disclosure form specified in SecƟon 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in SecƟon 2079.15, as follows: (a) The seller’s agent, if any, shall provide the disclosure form to the seller prior to entering into the lisƟng agreement. (b) The buyer’s agent shall provide the disclosure form to the buyer as soon as pracƟcable prior to execuƟon of the buyer’s offer to purchase. If the offer to purchase is not prepared by the buyer’s agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day aŌer receiving the offer to purchase from the buyer. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to SecƟon 2079.14, the agent shall set forth, sign, and date a wriƩen declaraƟon of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as pracƟcable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acƟng in the real property transacƟon as the buyer’s agent, or as a dual agent represenƟng both the buyer and the seller. This relaƟonship shall be confirmed in the contract to purchase and sell real property or in a separate wriƟng executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execuƟon of that contract by the buyer and the seller, respecƟvely. (b) As soon as pracƟcable, the seller’s agent shall disclose to the seller whether the seller’s agent is acƟng in the real property transacƟon as the seller’s agent, or as a dual agent represenƟng both the buyer and seller. This relaƟonship shall be confirmed in the contract to purchase and sell real property or in a separate wriƟng executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execuƟon of that contract by the seller. (C) CONFIRMATION: The following agency relaƟonships are confirmed for thistransacƟon.
Seller’s Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number Is the broker of (check one): the seller; or both the buyer and seller. (dual agent) Seller’s Agent DO NOT COMPLETE, SAMPLE ONLY License Number Is (check one): the Seller’s Agent. (salesperson or broker associate); or both the Buyer’s Agent and the Seller’s Agent. (dual agent) Buyer’s Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number Is the broker of (check one): the buyer; or both the buyer and seller. (dual agent) Buyer’s Agent DO NOT COMPLETE, SAMPLE ONLY License Number Is (check one): the Buyer’s Agent. (salesperson or broker associate); or both the Buyer’s Agent and the Seller’s Agent. (dual agent) (d) The disclosures and confirmaƟon required by thissecƟon shall be in addiƟon to the disclosure required by SecƟon 2079.14. An agent’s duty to provide disclosure and confirmaƟon of representaƟon in thissecƟon may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289, 2017-18 California LegislaƟve session) 2079.19 The payment of compensaƟon or the obligaƟon to pay compensaƟon to an agent by the seller or buyer is not necessarily determinaƟve of a parƟcular agency relaƟonship between an agent and the seller or buyer. A lisƟng agent and a selling agent may agree to share any compensaƟon or commission paid, or any right to any compensaƟon or commission for which an obligaƟon arises as the result of a real estate transacƟon, and the terms of any such agreement shall not necessarily be determinaƟve of a parƟcular relaƟonship.
2079.20 Nothing in this arƟcle prevents an agent from selecƟng, as a condiƟon of the agent’s employment, a specific form of agency relaƟonship not specifically
prohibited by this arƟcle if the requirements of SecƟon 2079.14 and SecƟon 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidenƟal informaƟon obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidenƟal informaƟon obtained from the buyer. (c) “ConfidenƟal informaƟon” meansfacts relaƟng to the client’s financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, such as the seller is willing to accept a price lessthan the lisƟng price or the buyer is willing to pay a price greater than the price offered. (d) ThissecƟon does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidenƟal informaƟon other than price. 2079.22 Nothing in this arƟcle precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transacƟon chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 (a) A contract between the principal and agent may be modified or altered to change the agency relaƟonship at any Ɵme before the performance of the act which is the object of the agency with the wriƩen consent of the parƟes to the agency relaƟonship. (b) A lender or an aucƟon company retained by a lender to control aspects of a transacƟon of real property subject to this part, including validaƟng the sales price, shall not require, as a condiƟon of receiving the lender’s approval of the transacƟon, the homeowner or lisƟng agent to defend or indemnify the lender or aucƟon company from any liability alleged to result from the acƟons of the lender or aucƟon company. Any clause, provision, covenant, or agreement purporƟng to impose an obligaƟon to defend or indemnify a lender or an aucƟon company in violaƟon of thissubdivision is against public policy, void, and unenforceable. 2079.24 Nothing in this arƟcle shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,subagents, and employees or to relieve agents and their associate licensees, subagents, and employeesfrom liability for their conduct in connecƟon with acts governed by this arƟcle or for any breach of a fiduciary duty or a duty of disclosure.
AIR CRE. 500 North Brand Blvd, Suite 900, Glendale, CA 91203, Tel 213-687-8777, Email [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.
Item No. X
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Award of Public Works Construction Contract for the Laguna Hills Community Center Carpeting Replacement Project, CIP No. 513-B
Recommendation: That the City Council: 1) Award the Public Works Construction Contract for the for the Laguna Hills Community Center Carpeting Replacement Project, CIP No. 513-B, to the lowest responsive bidder, Floor Covering Unlimited, Inc., in the amount of $52,242.88; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) Reject all other bids; and 4) Authorize the City Manager to sign the Public Works Construction Contract.
Background:
On August 29, 2024, bids for the replacement of the carpeting in the Heritage Room, first floor hallway, and staircase were opened with the following results:
Bidder Bid Amount
Floor Covering Unlimited, Inc. $52,242.88
Interior Resources, Inc. dba Commerical Interior Resources $57,537.00 Rod-West Floor Covering, LLC $64,900.00
Informal bidding procedures were followed, except that the project was advertised in all trade journals required by the formal bidding procedures, in conformance with the State of California Public Contract Code and the City of Laguna Hills Municipal Code.
Floor Covering Unlimited, Inc., which is the lowest responsive bidder, submitted a bid in the amount of $52,242.88 for the base bid. Floor Covering Unlimited, Inc. provided
Item No. X
satisfactory references and City staff verified the contractor is licensed for the contemplated work and is registered with the State Department of Industrial Relations.
Therefore, award of the contract to Floor Covering Unlimited, Inc. in the bid amount of $52,242.88 is recommended.
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).
Fiscal Impact:
CIP 513 had a remaining budgetary balance of $67,890 from FY 2023-2024, which is sufficient for this project. This balance will be rolled forward into FY 2024-2025 to account for the expected project expenditure in the amount of $52,242.88.
Attachments:
1. Public Works Construction Contract, CIP 513-B
LH Public Works 6909-0006-0000-2023
Master Template Public Works Contract
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CITY OF LAGUNA HILLS
CALIFORNIA
PUBLIC WORKS PLANS
AND SPECIFICATIONS FOR
LAGUNA HILLS COMMUNITY CENTER
CARPETING REPLACEMENT PROJECT
CIP No. 513-B
PREPARED FOR
CITY OF LAGUNA HILLS COMMUNITY CENTER
25555 ALICIA PARKWAY
LAGUNA HILLS, CA 92653
PREPARED BY
CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
July 23, 2024
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CITY OF LAGUNA HILLS
SPECIFICATIONS FOR
LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT CIP No. 513-B
Approved By:
July 23, 2024
Joseph J. Ames, City Engineer Date
R.C.E. No. 66999
Expiration Date 9/30/24
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i
CITY OF LAGUNA HILLS
TABLE OF CONTENTS
FOR
LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT CIP No. 513-B
NOTICE INVITING SEALED BIDS........................................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1
PROPOSAL DOCUMENTS
Proposal..................................................................................................................................P-1 Bidders Information.................................................................................................................P-3 List of Subcontractors .............................................................................................................P-4 References .............................................................................................................................P-5 Contractor’s Licensing Statement............................................................................................P-6 Bid Bond .................................................................................................................................P-7 Non-Collusion Affidavit............................................................................................................P-8 Proposal Bid Sheets ...............................................................................................................P-9 Bidder’s Certification of Acknowledgement of Compliance With Insurance ........................... P-13
CONTRACT DOCUMENTS
Contract Agreement..............................................................................................................CA-1 Faithful Performance Bond..................................................................................................CA-14 Material and Labor Bond.....................................................................................................CA-16 Compensation Insurance Certificate ...................................................................................CA-18
GENERAL SPECIFICATIONS
Scope of Work ..................................................................................................................... GS-1 Location of Work.................................................................................................................. GS-1 Time of Completion.............................................................................................................. GS-1 Traffic Requirements............................................................................................................ GS-1 Utility Requirements............................................................................................................. GS-1 Flow and Acceptance of Water ............................................................................................ GS-2 Removal of Water ................................................................................................................ GS-3 Standard Specifications ....................................................................................................... GS-3 Resolution of Construction Claims ....................................................................................... GS-4
SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS ......................................................................................SP-1
APPENDICES
Construction & Demolition Waste Reduction & Recycling Plan ...................................Appendix A Laguna Hills Community Center Work Areas: Carpet Installation and Tile Cleaning ...Appendix B Carpet Installation Specifications and Product Details................................................ Appendix C
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CITY OF LAGUNA HILLS
NOTICE INVITING BIDS FOR CONSTRUCTION OF
LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT CIP No. 513-B
NOTICE IS HEREBY GIVEN that sealed bids for the LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT, CIP No. 513-B, (“Project”) in the City of Laguna Hills will be received at the Office of the City Clerk at 24035 El Toro Road, Laguna Hills, until 10:00 a.m. on Thursday, August 29, 2024, at which time they will be publicly opened and read aloud.
NON-MANDATORY SITE INSPECTION OPPORTUNITY: Bidders shall be offered the opportunity to access the work areas for personal inspection on Tuesday, August 13, 2024 from 8:00 a.m. to 4:00 p.m. Site Address: 25555 Alicia Parkway, Laguna Hills, California 92653. A City staff member will direct and/or escort the Bidders to the areas of work. Bidders are encouraged to participate in the site inspection opportunity as no changed conditions claims shall be accepted.
DESCRIPTION OF THE WORK: In general, the work is comprised of carpet removal, preparation of subfloor, installation of new carpet tile and broadloom, and steam-cleaning tile and grout adjacent to the carpet installation areas.
AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. Within three (3) business days of bid opening, contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor), and Construction Schedule.
CONTRACTOR’S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A, Class B, or Class C-15 Contractor’s License, at the time of submitting bids, in accordance with provisions of Chapter 9, Division III of the California Business and Professions Code.
WAGE RATE REQUIREMENTS: The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for the contract. The reporting requirements may be found at https://www.dir.ca.gov/PublicWorks/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payments by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the Public Works Department, City Hall, 24035 El Toro Road, Laguna Hills, California 92653.
Contract Documents are available in portable document form (PDF) on the City's website:
www.lagunahillsca.gov. It is the contractor's responsibility to ensure they are on the City's Plan Holder's List and they obtain any addendums or clarifications that are issued by the City on the City's website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Julie Comella at [email protected].
Dated this 25th day of July 2024.
BY _ ~<'+-'--~""""-- ------- JENNI
Published: Saddleback Valley News 24035 Toro Road
Laguna Hills, CA 92653
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CITY OF LAGUNA HILLS
INSTRUCTIONS TO BIDDERS
FOR
LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT CIP No. 513-B
1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the City of Laguna Hills (hereinafter “CITY” or “City”). All blank spaces in the bid forms must be correctly filled in and all information requested therein must be clearly and legibly set forth in the manner and form indicated. All spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed by the person or persons signing the bid. Bidder acknowledges and agrees that by failing to complete the bid forms in their entirety, as set forth above, the CITY may find the bidder’s entire bid non-responsive and may cause the rejection of the bidder’s proposal at the discretion of the CITY.
2. PROPOSAL GUARANTEE (BID BOND)
In accordance with Public Contract Code Section 20170, proposals must be accompanied by a proposal guarantee consisting of either cash, a cashier’s check, a certified check or bid bond payable to the CITY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. IF A BIDDER TO
WHOM A CONTRACT IS AWARDED FAILS OR REFUSES TO EXECUTE THE CONTRACT
DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS
SET FORTH IN THOSE DOCUMENTS, THE PROPOSAL GUARANTEE SHALL BE FORFEITED TO THE CITY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all Contract Documents.
3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.
4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.
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5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "LAGUNA HILLS CIVIC CENTER SUITE 205 TENANT IMPROVEMENTS, CIP No. 505-B, - DO NOT OPEN WITH REGULAR MAIL."
6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY's designated official prior to the bid-opening time deadline set forth in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, provided there is time remaining to do so. Proposals may not be withdrawn after the bid opening without forfeiture of the proposal guarantee.
7. NONRESPONSIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without inter-lineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable. Bidder acknowledges and agrees that CITY shall not be responsible for the payment of any increase in Sales Tax, Use Tax, or any other tax that takes effect after award.
9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.
No contract will be executed unless the bidder is licensed in accordance with the provisions of the Business and Professions Code.
10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request
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will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.
11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them.
Before submitting a bid, each bidder shall confirm as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render bid nonresponsive and may result in its rejection by the CITY.
12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.
Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.
13. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Class A or Class B Contractor's License issued by the State of California.
Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.
Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor). Submission of these documents shall be at the Low Bidder’s sole cost and expense and shall not be made reimbursable by City. Award of Contract, if made, shall be solely the determination of the City Council.
No bidder may withdraw its proposal for a period of forty-five (45) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.
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14. PREVAILING WAGE RATES
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.
It shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for this Agreement. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor and its subcontractors shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to Section 6109 of the public Contract Code, or engage in the performance of any contract for public work on a public works project if the contractor or subcontractor is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.
The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the bidder in determining his bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.
The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in Government Code Section 12940(a), as those bases are defined in Government Code Sections 12926 and 12926.1, except as provided in Labor Code Section 3077 and Government Code Section 12940.
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15. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.
In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to CITY all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
17. SUBLETTING AND SUBCONTRACTING.
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name business address, California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. If a subcontractor’s California contractor license number or public works contractor registration number are submitted incorrectly in the bid, it will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected subcontractor’s California contractor license number is submitted to CITY within 24 hours after the bid opening If the bidder fails to list a subcontractor for a portion of work or if the bidder lists more than one subcontractor of the same portion of work in excess of 1/2 of 1% of the total bid or $10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work. /
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18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.
At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.
When the Contractor deposits the CITY approved securities with the escrow agent, the escrow agent shall notify the CITY within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for CITY approval, and be held in the escrow account to meet the Contractor's obligations. The escrow agent shall hold said securities until such time as the escrow agent receives written notification from the CITY that the Contractor has satisfactorily completed his Contract obligations.
The type of securities deposited and the method of release shall be approved by the City Attorney's office.
If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The CITY may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the CITY.
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CITY OF LAGUNA HILLS
CONTRACT AGREEMENT
FOR
LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT, CIP NO. 513-B THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this 10th day of September, 2024, BY AND BETWEEN THE CITY OF LAGUNA HILLS, as CITY, and Floor Covering Unlimited, Inc., as CONTRACTOR.
WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Notwithstanding any provisions of this Agreement to the contrary, CITY and CONTRACTOR mutually agree that CITY’s maximum cumulative payment obligation hereunder (including CONTRACTOR’s profit) shall be Fifty Two Thousand Two Hundred Forty Two Dollars and EightyEight Cents ($52,242.88), which shall include all amounts payable to CONTRACTOR for its subcontracts, leases, materials and costs arising from, or due to termination of, this Agreement.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions
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herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.
ARTICLE VI
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.
ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.
ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager. [SIGNATURES ON NEXT PAGE]
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CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.
CITY: CONTRACTOR:
___________________________________ ___________________________________
DAVE WHEELER, MAYOR (CORPORATION (NAME - TYPE))
CITY OF LAGUNA HILLS
BY:________________________________
(PRINT)
ATTEST: ___________________________________
(SIGNATURE)
___________________________________ _________________________________
JENNIFER LEE, CMC, CITY CLERK (TITLE)
CITY OF LAGUNA HILLS
BY: _______________________________
(PRINT)
___________________________________ ___________________________________ GREGORY E. SIMONIAN, CITY ATTORNEY (SIGNATURE)
CITY OF LAGUNA HILLS
_________________________________
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.
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(Page 1 of 2) Bond Amount $
Bond Number
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, on September 10, 2024 , the City of Laguna Hills, California (“City”) awarded a public works contract (the “Contract”), delineated as Contract No. CIP No. 513-B, for the LAGUNA HILLS COMMUNITY CENTER CARPETING REPLACEMENT PROJECT, CIP 513-B, as specified in the Contract , to Floor Covering Unlimited, Inc., a California Corporation, hereby designated as the “Principal”, which Contract is attached hereto, and which Contract and all documents incporated thereinby reference are expressly incorporated into this bond by reference.
AND WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and (the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly do and perform all of the covenants and obligations of the Contract, including the provisions for liquidated damages in said Contract, and including any and all amendments, supplements, and alterations made to the Contract as provided therein, on the Principal’s part to be done and performed at the times and in the manner specified in the Contract, and shall indemnify and save harmless the City, its officers and agents as specified in the Contract, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
2. In the event the Principal fails to fully perform all requirements in accordance with the terms and conditions of the Contract, then the Surety shall enforce performance by the Principal or shall pay the City for the same in an amount not exceeding the amount specified in this bond.3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the
FAITHFUL PERFORMANCE BOND
(DATE OF AWARD)
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(NAME OF CONTRACTOR)
(NAME OF SURETY)
(CONTRACTOR ENTITY TYPE i.e., INC, LLC, ETC)
1774061.2 CA-5 LH 6909-01/2023
(PAGE 2 OF 2)
Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.
4. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the day of , 20 .
PRINCIPAL: SURETY:
(Principal Name) (Seal) (Surety Name) (Seal)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone:
Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
1774061.2 CA-6 LH 6909-01/2023
(PAGE 1 OF 2)
PAYMENT (LABOR AND MATERIAL) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, on September 10, 2024 , the City of Laguna Hills, California (“City”) awarded a public works contract (the “Contract”), delineated as Contract No. CIP No. 513-B, for the LAGUNA HILLS COMMUNITY CENTER CARPETING REPLACEMENT PROJECT, CIP 513-B, as specified in the Contract , to Floor Covering Unlimited, Inc., a California Corporation, hereby designated as the “Principal”, which Contract is attached hereto, and which Contract and all documents incporated thereinby reference are expressly incorporated into this bond by reference.
AND WHEREAS, the Principal is required under the terms of the Contract to give this bond in connection with the execution of the Contract.
NOW, THEREFORE, we, the Principal, and (the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If the Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay (a) any of the persons named in Section 9100 of the California Civil Code, (b) any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Contract, or (c) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work or labor, then the Surety shall pay for the same, in an aggregate amount not exceeding the sum specified in this bond. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to be fixed by the court.
2. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
(DATE OF AWARD)
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(NAME OF CONTRACTOR)
(NAME OF SURETY)
(CONTRACTOR ENTITY TYPE i.e., INC, LLC, ETC)
1774061.2 CA-7 LH 6909-01/2023
PAYMENT (LABOR AND MATERIAL) BOND
(PAGE 2 OF 2)
3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the day of , 20 .
PRINCIPAL: SURETY:
(Principal Name) (Seal) (Surety Name) (Seal)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone:
Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
1774061.2 CA-8 LH 6909-01/2023
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.”
Contractor
By:
(PRINT)
(SIGNATURE)
Title
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
COMPENSATION INSURANCE CERTIFICATE
TO BE SUBMITTED WITH CONTRACT
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CITY OF LAGUNA HILLS
GENERAL SPECIFICATIONS
FOR
LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT CIP No. 513-B
SCOPE OF WORK
The work to be performed and completed by Contractor consists of furnishing all materials, equipment, tools, labor, and all other incidental work in this specification document. The general items of work to be done hereunder consist of LAGUNA HILLS COMMUNITY CENTER CARPET REPLACEMENT PROJECT CIP No. 513-B as depicted on the Bid Set of Plans and Specifications.
LOCATION OF WORK
The Project is located at the Laguna Hills Community Center, 25555 Alicia Parkway Laguna Hills, CA 92653, as shown on the plans.
TIME OF COMPLETION
The Contractor shall complete all work in every detail within sixty (60) working days after the date of the Notice to Proceed.
TRAFFIC REQUIREMENTS
The Contractor shall not block any access to ongoing business operations at the Laguna Hills Community Center, 25555 Alicia Parkway, Laguna Hills, CA 92653, at any time. Contractor’s workers shall park their work and/or private vehicles along the most southerly parking spaces in the parking lot. No materials or equipment shall be stored in parking lots, plaza, or public spaces.
UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1(800) 422-4133. Contractor shall provide the City with proof of contact with USA upon request.
The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.
NAME ADDRESS CITY, STATE, ZIP ATTENTION Phone
Number
AT&T 3939 E. Coronado
St.
Anaheim, CA
92807
Robert
Fleisher
714/618-
9129
OCTA 550 S. Main Street Orange, CA 92613-
1584
Kyle Poff 714/560-
5816
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Southern
California
Edison
14155 Bake
Parkway
Irvine, CA 92718 Chris
Schafer
949/458-
4413
Gas Company 1919 South State
College
Anaheim, CA
92806
Andrew
Alday
714/385-
3377
Gas Company
Southern
Region
Transmission
P. O. Box 1100 Chatsworth, CA
91313
Rosalyn
Squires
818/701-
4546
CR&R P.O. Box 1100 San Juan
Capistrano, CA
92693-1100
Mike
Campuzano
949/254-
1779
Moulton Niguel
Water District
27500 La Paz
Road
Laguna Niguel, CA
92677
Steve Merk 949/425-
3538
Cox
Communication
27121 Towne
Centre Drive
Foothill Ranch, CA
92610
Reynaldo
Castro
949/563-
8889
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.
The Contractor shall notify the Southern California Gas Company (714) 634-3185 at least 2 working days prior to the start of construction.
The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.
By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this Project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.
The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed.
FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid,
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acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk.
REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City Engineer.
Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.
STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2018 edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, also known as the “Greenbook”, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, California 92801
(760) 734-1113
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, General Specifications, Special Provisions, or other Contract Documents.
The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the Special Provisions.
In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.
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References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the latest edition of the Standard Specifications of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:
California Department of Transportation
Publications Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815-3800
Telephone (916) 263-0822
Fax (916) 263-0470
References in the Special Provisions to Standard Plans shall mean the Standard Plans for Public Works Construction, latest edition (written and promulgated by the Public Works Standards, Inc.), and, where applicable and as determined and selected by the City Engineer, those specific standard plans of the City of Laguna Hills, the County of Orange and/or the State Department of Transportation, latest editions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.
WAGE RATES AND LABOR CODE REQUIREMENTS
The City has determined that the work on this Project requires work of labor categories which are subject to the State of California Department of Industrial Relations prevailing rates of per diem wages.
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of the Agreement.
Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
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b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the term of this Agreement.
d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.
The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any
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apprenticeable trade and if other Contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
RESOLUTION OF CONSTRUCTION CLAIMS
California Public Contract Code (PCC) section 9204 as adopted by Assembly Bill 626 prescribes a process to present, confer, and mediate all construction claims relating to the City’s public works project.
“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or another public improvement of any kind. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested for (A) a time extension, including, without limitation for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or the amount the payment of which is disputed by the local agency. (PCC 9204(c)(1)) For any claim subject to this article, PCC section 9204 requires the following:
a) The claim shall be submitted by the Contractor in writing, sent by registered mail or certified mail with return receipt requested and must include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. However, upon receipt of a claim, the City, and the Contractor may, by mutual agreement, extend the time period provided by statute.
b) For claims of all amounts, the City shall respond within 45 days of receipt of the claim, and provide the claimant a written statement identifying which portion of the claim is disputed and which portion of the claim is undisputed. If the City requires approval from the City Council, and the City Council does not meet within the 45-day period to respond, the City shall have up to three days to issue its response following the City Council meeting. c) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. d) If the claimant disputes the City’s response, or if the City fails to respond within the time limits provided, the claimant may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand must be sent in writing by registered or certified mail, return receipt requested. Upon receipt of a demand, the City must schedule a meet and confer conference within 30 days for settlement of the disputed claim. e) Within 10 business days following the conclusion of the meet and confer conference, if any portion of the claim remains in dispute, the City shall provide the claimant an addition written