Proposal
As each jurisdiction may handle facility inspections a bit differently including possible city specific inspection forms, mobile data forms, unique local water quality ordinances, and processes for enforcement, our proposed approach includes having City public works and code enforcement staff join WSP staff in conducting l to 3 initial facility inspections. The goal is to establish a standard process of support before proceeding somewhat autonomously to complete required inspections as a support arm to the City. WSP will provide status reports on a routine basis as facilities are inspected, education materials distributed, and include City in enforcement actions as needed through established City processes. For several clients, including the cities of Santa Ana and Costa Mesa, we have transitioned their previous paper-based inspection process to mobile data form and web-based inventory. This platform has a proven track record of success and demonstrated cost savings to our clients and could be quickly adapted to meet the City's needs, if desired.
Areas of expected support to Industrial/Commercial and Municipal Facility Inspections include:
► Conduct annual and as-needed Industrial/Commercial and Municipal Fixed facilities inspections ► Collaboration with City code enforcement on facility enforcement notices as needed and follow up inspections of facilities to ensure compliance
The WSP project team will conduct field inspections of industrial/commercial and municipal facilities to assess compliance with local water quality regulations and appropriate BMPs. As identified in the RFP, we have assumed 70 inspections per year will be required including 20 follow-up inspections and the issuance of 5 enforcement notices per year.
Investigations
The City implements a program to actively detect and eliminate illegal discharges and illicit connections to the storm drain system. In addition to the proactive detection identified through County led outfall monitoring or City led facility inspections or special studies, a large portion of city investigations are in response to water pollution complaints or reported incidents. To ensure a consistent response in compliance with MS4 permit requirements an Orange County Investigation Guidance Manual was developed by Orange County Copermittees outlining the fundamental techniques that should be followed during investigations. Each investigation must be thoroughly documented and discharges that present a significant threat to the environment must be immediately reported and remediated as quickly as possible.
WSP has provided these types of investigation services to several Orange County cities (i.e., Anaheim, Santa Ana, Laguna Niguel, San Juan Capistrano, etc.) and understands the process for investigation, the resources available to assist the City with addressing and eliminating the discharge (i.e., County pollution response implementation agreement, Countywide Area Spill Control program, Orange County Health Care Agency, Orange County District Attorney's office, Environmental Protection Agency), and the procedures for required reporting to local and State agencies.
Our proposed project manager, Kacen Clapper, has extensive experience with water pollution investigations. In his prior position at OC Public Works, Mr. Clapper led the County's Water Pollution Response Unit which directed County efforts to address illegal and illicit discharges in County unincorporated areas and Orange County Flood Control District facilities and also provided support to Orange County cities including on-call water pollution response assistance.
Not all water pollution incidents require the same level of response and initial investigations may be more quickly and cost-effectively achieved through an assessment by City field staff. Our proposed approach is to coordinate closely with City public works staff and code enforcement officers to assess each incident situation and determine the best plan for a response. If WSP assistance is requested, we will respond as quickly as possible and with City staffs authorization can request additional support through the County Water Pollution Response Unit to ensure a timely response and protection of downstream receiving waters.
'''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page I 16
Proposal
Areas of expected support in Investigation services include:
► Response to emergency spill notifications including agency notification and coordination, field investigation, and coordination of cleanup efforts
► Proper documentation of all incident investigations to ensure MS4 permit compliance and legally defensible investigation data
► Coordination with appropriate parties to quickly mitigate incidents ► Work with code enforcement officers to bring NPDES issues into compliance and maintain tracking of all complaints, investigations, and correspondence As identified in the RFP, we have assumed 4 investigations and 4 follow-up investigations per year for investigation services.
Public Outreach
The City supports and participates in the countywide public education program, H2OC, and conducts local water quality protection themed education and outreach to further increase awareness and foster environmental protective behaviors. WSP has demonstrated public outreach experience both implementing H2OC program initiatives for Orange County cities and developing unique messaging and public outreach materials for our clients. Examples of local city project efforts include presentations to a local elementary school environmental science class and at HOA outreach meetings (Laguna Niguel), hosting public education booths at several events (H20 for HOAs, Sea Country Festival), and directing coastal cleanup day event efforts (San Juan Capistrano). More extensive outreach efforts have included development of an environmental outreach and education program for the Marine Corps Air Station (MCAS) Yuma and assisting with the development of the City of San Diego's, Think Blue outreach campaign. MCAS Yuma work included developing original audience-focused materials aimed at educating base personnel, on-base residential communities, and surrounding communities about industrial, construction, and residential sources of stormwater pollution, as well as methods for pollution prevention. For the City of San Diego's Think Blue campaign, WSP partnered with Action Research to develop a cohesive messaging strategy and worked to develop education materials that translated complex technical concepts into public-friendly terminology and content.
Areas of expected support in Public Outreach services include:
► Identify and post H2OC and City developed pollution prevention educational materials for distribution and content for internet-based platforms
► Assist and host booths at City community events to promote pollution prevention ► Collaborate with the City's public information office consultant and other City staff to develop and update educational materials and content
As identified in the RFP, this task efforts assumes $500 in material purchases per year and assisting with 3 public education outreach events per year including 4 hours per event.
Reporting and Record Keeping
WSP has been assisting southern California municipalities with stormwater related MS4 permit reporting and record keeping since 2003. In this capacity, our Orange County municipal clients have included the cities of Santa Ana, Costa Mesa, Anaheim, Laguna Niguel, and San Juan Capistrano, and John Wayne Airport. We understand that a large component of municipal NDPES Program implementation revolves around reporting and that accurate and thorough record keeping is the foundation to good reporting.
The Santa Ana and San Diego MS4 Permits require annual reporting on all Local Implementation Plan (LIP) components including legal authority, illicit discharge detection and elimination, land development planning, construction management, existing development, and public education. The San Diego MS4 Permit requires additional reporting on jurisdictional strategies to address WQIP identified High Priority Water Quality Conditions (HPWQCs). Our approach for this task will focus on consideration of reporting and record keeping as part of all NPDES Program tasks. We will work closely with City staff to review '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page 177
Proposal
existing program methods and propose new methods for tracking and reporting if needed to better streamline the reporting process.
Over the past three years Orange County Public Works has been encouraging cities to on-board to OC Stormwater Tools a new web based countywide stormwater BMP inventory, planning, and water quality model tool. The web-based platform provides a uniform stormwater asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfil MS4 Permit reporting requirements replacing the current cumbersome reporting methods. It is our understanding that the City currently has a backlog of entries to OC Stormwater Tools which involve making field visits to City-owned and privately-owned stormwater treatment devices to verify status and operations and maintenance issues, researching existing WQMPs and grading plans, and entering the data into the system. WSP is currently assisting several clients with this process {San Juan Capistrano, Laguna Niguel, and Anaheim) and are familiar with the challenges that on-boarding my present and the software quirks of the still evolving OC Stormwater Tools.
Areas of expected support in Reporting and Record Keeping include:
► Manage and update inventories to track inspections of municipal facilities, commercial facilities, industrial facilities, WQMP projects, post-construction BMP maintenance and verification, and construction site inspections
► Prepare and submit the City's Santa Ana MS4 Permit quarterly reports for NPDES Permit facilities ► Acquire, compile, and submit annual report data to Orange County Public Works for use in development of Copermittee unified report
► Prepare NPDES MS4 Annual Reports for the Santa Ana and San Diego Regional Water Quality Control Boards
■ San Diego MS4 Permit Attachment D Form, Fiscal Analysis, cover letter and annual report summary
■ San Diego MS4 Permit WQIP jurisdictional strategy reporting tables ■ Santa Ana MS4 Permit Program Effectiveness Assessments {PEA) annual report ► Input of BMP and WQMP data into the OC Stormwater Tools asset management and modeling tool for future potential use as a compliance reporting platform Our proposal for NPDES Program reporting and record keeping includes 200 hours of work per year. OC Stormwater Tools related task efforts will include an additional 100 hours of work during year l and 40 hours of work in years 2 and 3 as defined in the RFP.
Project Management
WSP's designated Project Manager, Kacen Clapper, will be responsible for all project management and reporting aspects of the contract, including adherence to scope, schedule, and costs of individual project directives; budget tracking using WSP's BST accounting system; accuracy of invoices; preparation of monthly progress reports; subconsultants; document review; and oversight of all technical aspects of each project directive. Kacen Clapper will be supported in these activities by WSP-designated project controls administrator Matt Rich. Individual task managers will be responsible for the technical aspects of each project Task Order (TO). WSP's general approach to successful project management is based on the following practices:
► Communicating with City staff early and often
► Working with City staff to develop a clear understanding of the specifics of each TO, including the project start date and required deliverables
► Developing a detailed scope of work, schedule, and cost estimate prior to starting work ► Assembling the best team of in-house personnel and sub-service providers for each specific TO ► Effectively communicating project expectations to all team members '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page I 78
Proposal
► Delegating project tasks (e.g., field collection, data analysis, report preparation) to most qualified staff
► Conducting rigorous QA/QC reviews of all project-related data and results ► Communicating findings verbally to City staff
► Conducting thorough peer review and technical editing of written materials Staying abreast of environmental issues and laws that may affect the City and attending regulatory meetings, participating in scientific organizations, and being involved in outreach activities that will allow our staff to develop a better understanding of local issues so that we can more fully serve the City.
Resources, City Assistance and Other Items
WSP need for assistance from the City is focused help gathering information related to program inventories such as business licenses.. approved WQMPs, and data management procedures for preparing the annual reports.
Additional Services
In the near future the San Diego Regional Water Quality Control Board will adopt the next term Regional MS4 permit that will include a number of changes to the City's jurisdictional runoff management plan to incorporate additional items such as, but not limited to:
• Incorporation of the Trash Amendments policy and the City's Track 7 implementation approach • Implementation of an equestrian facility inspection program • Changes to the land development program with WQMP coverage criteria for new and significant redevelopment
Project Controls
WSP holds the experience providing an approach structured to ensure meeting the needs of our clients and maintaining project controls.
Cost Control and Ability to Complete Project within Scope, Schedule, and Budget WSP utilizes various financial tracking systems, such as BST and De Itek, to ensure that task order budgets are expended at the appropriate rate. This includes use of WSP's internal Management Portal, which allows task order managers to
access project budgets,
expenditures, and subconsultant invoicing status in
one location and a weekly
budget tracking sheet
specifically developed for the
City to provide similar
information as well as the
,o,j ,, 1 '1 •
"" ,d .. ~ .. ,,,.. I
I
•.11 " I
.. , .. , I
,..... , . " I
_,, . t ,i: ---~
[ -,.
r
r- -...:J
I ~J
Sitreamiined Project Delivery
The BST lntefface s-liows- project
managers the hours bi,
1 ,ed on a weekly
bas.is, provfdkag near real-lime st.a1us of
bl!Jdget end sc/Jedute,
percentage complete.
Responsiveness to City Staff and Project Requirements
For each task order, WSP will designate one technical lead supported by a project manager responsible for all reporting aspects of the contract, including adherence to scope, schedule, and costs of individual project directives; budget tracking using WSP's accounting system; accuracy of invoices; preparation of monthly progress reports; reporting results; and document review; WSP's technical lead responsible for oversight of all technical aspects of each project directive will be selected based on the scope requirements of the task order.
Once we receive a task order request from the City, we will acknowledge receipt within 8 hours. The designated technical lead will read through the task order and clarify technical details with the City within 2-3 days. The technical lead will then draft a scope of work and budget, submit it to the City for review and discussion within 70-75 days of the initial notification. '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page I 19
Proposal
Our project manager will be supported in these
activities by a WSP-designated Project Controller.
Individual task managers will be responsible for the
technical aspects of each project. Our general approach to successful project management is based on the
following practices:
►
► Communicating with City staff early and often
► Working with City staff to develop a clear
understanding specifics of each project
Developing a detailed scope of work, schedule,
and cost estimate prior to commencing work
► Assembling the best team of in-house personnel
and subconsultants for each project
-~Outlook
a~ SharePoint
ORACLE'
PRIMAVERA
Adobe' Creative Cloud
........
Visio
Ptoffl~2015
Effectively communicating project expectations
to all team members
Delegating project tasks (e.g., field collections,
data analysis, reports) to the most qualified staff
► Conducting rigorous QA/QC reviews of all project related data and results
►
► Full suite of WSP project
controls used to manage
projects and maintain
schedules
► Communicating findings to City staff
The WSP team holds the specific experience to successfully plan and complete assigned project tasks.
Dr. Von Bitner and Mr. Schaedler are available for any questions or concerns the City may have during the life of this contract. With the understanding that work sometime continues into the evening or is scheduled to take place at night and during weekends, Dr. Von Bitner and Mr. Schaedler, having managed project and contracts that require service be provided during evening hours and weekends, are prepared to respond efficiently to the City's needs.
Coordination between Respondent and City Staff
WSP has a reputation for providing excellent service, and we are committed to being fully responsive to the City under this contract. We believe that clear, accurate, and appropriate communications are essential for successful project management, from a project's initiation to its completion. A key element of our success is our management process, whereby we set up clear lines of communication; establish well-defined project roles; and bring together dedicated, experienced, efficient, and effective project teams.
Communication is a key element in successful project management. There are specific times in the course of a project when a meeting will help to keep our collective efforts on track with the objectives and goals of the project.
We have identified specific opportunities where we anticipate formal in-person communications will occur as follows:
► In a task order kickoff/scoping meeting
► During submittal review meetings
► Prior to any proposed meetings with relevant agencies Our Project Manager will provide monthly progress reports for all task orders under the contract.
WSP uses communication and consensus building and reviews to identify and mitigate sources of project risk. To facilitate communication, and if deemed necessary by the City, we can establish, at no cost to the City, a password-protected SharePoint™ site that will be used by the project team and the City to share documents and deliverable reviews. Regular communication is essential both within the project team and between the project team and the City.
'''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page I 20
Proposal
Method of Service Delivery
WSP's Costa Mesa office is located less than 70 miles from the City's offices. We have a wealth of environmental and water resources professionals in our San Diego offices as well and that are located approximately 85 miles from the City's offices. We will coordinate project work through both in-person and virtual meetings depending on the project needs.
Environmentally Preferred Products and Services
WSP's approach to protecting the environment goes beyond the work we do for our clients. Our embrace a philosophy of adopting practices and procedures that minimizes our carbon footprint. First and foremost, we prefer to incorporate electronic communication such as remote sensing through use game cameras to monitor activities at field stations and telemetry systems to watch over the performance of sampling equipment like flowmeters and autosamplers. These remote sensing options eliminate the need for someone to drive to a station to physically check the equipment. We are steadily migrating all of our clients towards a paperless system by using smartphone apps, such as Survey 723 or Do Forms, to record inspections and field data forms. We have also embraced new technology with client interface by relying to a greater degree on virtual meetings through Microsoft Teams and Zoom to interact face-toface with clients obviating the need for a large number of people to drive to physical meeting locations.
Electronic deliverables are also a common approach we adapted towards environmentally sustainable products and no longer embrace the philosophy of hard copy reports as the preferred mechanism for delivering products to clients.
Understanding of the Commodities or Services to be Provided WSP understands the diverse services that are included in the scope of this as-needed RFP. We have previously held this contract and have demonstrated our capability to perform the scopes specified ontime and on-budget. We will continue to work collaboratively with the City staff to understand your needs and ensure that they are met on each task order.
Sequential Steps for Completing the Objectives and Specifying the staff members proposed to Perform the Objectives
WSP's approach to developing a technical project scope of work and executing the tasks to perform the objectives follows a multi-step sequence in order to clarify the purpose and goals of the project, identify the intended audience, and note any potential constraints including time tables or budgetary limitations.
Our process for completing the objectives, specifying the staff members, and reaching agreement on the deadlines for performing the objectives follow the steps outlined below. • Hold a project scoping meeting with City PMs to discuss need, purpose, and goals • Reach consensus on key deliverables to be provided by WSP • Identify and receive concurrence from City on staff members and/or subcontractors who will be assigned to complete the objectives
• Hold periodic progress reporting meetings with City staff and WSP staff • Schedule as-needed meetings to discuss solutions to overcome key issues and provide recommendations for next steps
• Submit the draft deliverable to our City PM and receive feedback • If necessary, hold conference call to discuss key issues related to revisions and reach consensus on the content, voice, and messaging that needs to be present in the final document • Submit final version along with documentation showing the changes provided • Remaining responsive to City needs for additional revisions to make sure final document meets or exceeds expectations.
'''I> City of Laguna Hills I N PDES Program Management and Inspection Services Page I 21
Proposal
Quality Control/Quality Assurance (QA/QC)
Quality Performance
WSP will ensure that all analysis, data evaluation, and reporting meet the City's and WSP's high QA/QC standards. To achieve high technical quality of both analysis and documentation, WSP has adopted a formal QA/QC program for all of the firm's work. The fundamental objectives of the QA/QC program are to ensure that each deliverable not only fulfills all requirements of the job task, but also fully defines and meets the specific and unique needs of the City. The WSP QA/QC Managers will ensure that the City receives quality deliverables compliant with City's requirements and standards and will be responsible for final review of all deliverables. As shown on the QA/QC pyramid, WSP's managers have primary responsibility for the quality of the team's work, but ultimately it is the across-the-board, day-today commitment and thoroughness of all team members that translate WSP's QA/QC program into top-quality project
deliverables.
WSP's experience covers many projects with the same scope of services required by this contract. Because we have this experience, our team can translate complex data into easily understood documents to ensure approval by internal and external
stakeholders. WSP has the requisite project experience, with an excellent record of completing projects on time, within budget, and to our customers' complete satisfaction. Our successful track record of supporting environmental and storm water compliance programs for various municipalities throughout California spans more than two decades .
Key staff serve as QA/QC
managers to ensure that the
City receives quality
deliverables compliant with its
requirements
This section provides specific information
on how WSP plans for and carries out our
QA/QC program. Our firm has made an
across-the-board to commitment to
QA/QC in all aspects ofour day-to-day work
activities. While specific QA/QC-related
practices and personnel are discussed
below, it is really our expectation that all
staff, from technicians to senior managers,
conduct all aspects of their work with the
utmost attention to quality and
sustainability.
Customer Satisfaction Ratings
100%.-------~
~
C
0 +'
0 i 90%
"' +' 0
Cf)
• ·~
---- ~
85%-
Quality Control (QC) Methodology:
Documents prepared by WSP will undergo
technical editing and peer review by qualified individuals, depending on the project's scope of work. A high degree of QA/QC oversight is involved in every step of the project process. While WSP's project managers and technicians are primarily responsible for designing, implementing, and delivering work products with the highest degree of QA/QC possible, it is really the across-the-board team commitment of our staff and sub-service providers that ultimately deliver quality products. An example of our internal QC checklist maintained for each data set that we review is presented in Figure 2. '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page I 22
Proposal
Figure 2: WSP's Internal QA/QC Steps for Successful Project Delivery The QA/QC specialist will
review all field and analytical
data submissions using a
standardized QA/QC
checklist The QA/QC
manager will evaluate
adherence to the project
QAPP.
__,
A qualified peer reviewer Deliv
3 er
11 ables
Mi
will be
6+
revie
1 w
Fii
ed
M:~
The draft deliverable will be
will ensure that the analytical by a technical editor prior to reviewed by the PM before it data document contents, the final review by the is finalized and sent to the and any conclusions made Project Manager (PM). The client. The PM will meet with adhere to the goals and technical editor will interface the client to go over objectives of the scope of with the PM to ensure that specifics. work. the deliverable meets WSP's
QA/QC standards .
Final PM
Review
A
F.
k
C
ey
om
e
m
lem
un
e
i
n
c
t
ati
o
o
f
n
th
P
e
lan
WSP USA project management process is establishment
•
of clear lines of
communication, well-defined project roles, and dedicated, experienced, efficient, and effective project teams. For this contract, the single point of contact responsible for all overarching program related matters will be our Project Manager, Mr. Clapper, who will promptly respond to requests from the City and coordinate work distribution.
WSP USA has a reputation for providing excellent service, and we are committed to being fully responsive to the City under this contract. We believe that clear, accurate, and appropriate communications are essential for successful project management from a project's initiation to its completion. A key element of our success is our management process, whereby we set up clear lines of communication, establish well-defined project roles, and bring together dedicated, experienced, efficient, and effective project teams:
► The City's contact will be Kacen Clapper, Project Manager, who will coordinate all project activities with the City Project Manager.
► When the City notifies WSP USA of an upcoming work, Mr. Clapper will identify the appropriate Technical Lead to work with him to review the work description, schedule, and other data. ► The Technical Lead will develop an execution plan that includes our understanding of the City's objectives and requirements, scope of work, deliverables, schedule, and proposed costs. ► For efficiency, the Project Manager will engage in frequent discussions with the City Project Manager.
► Following approval of the work scope, budget, and schedule, the technical team will implement the work upon receiving the executed notice to proceed.
G. Compensation/Payment Schedule
We have provided our cost proposal in the format as outlined in Section Vin a separate, sealed envelope.
H. Certificate of Insurance
We are willing and able to meet the required insurance coverage as set forth in the Sample Draft Professional Services Agreement (Attachment 4) prior to the execution of the contract. We have provided an example of our Certificate of Insurance in Appendix C, as proof our commitment to meeting the City's requirements.
I. Certification of Proposal
We have signed and provided Certification of Proposal (Attachment 3) in Appendix A. '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Pagel23
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.
I) The proposal shall be valid for 180 days from the date of submittal to the City.
I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.
Executed this 21 day of March, 2023, at Costa Mesa , California.
WSP USA Environment
Name of Proposer: & Infrastructure, Inc.
-----------=<?:_/
By: ~~
(Authorized Signature)
Type Name: Theodore W. Von Bitner
Title: Assistant Vice President
Date: March 21 2023
26 1407008.1
Proposal
Appendix B.
Key Personnel Resumes
(To be included in 30 page limit for proposal)
'''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page I 29
Proposal
Appendix A.
Required Forms
(Not included in 30 page limit for proposal)
''"I> City of Laguna Hills I NPDES Program Management and Inspection Services Pagel24
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
ATTACHMENT 1
NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:
1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.
2. This Proposal is genuine and not collusive or sham.
3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.
4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.
5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.
6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.
8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this 21 day of March, 2023, at Costa Mesa , California. ~--= r?:_ /
~~~
Signature of Authorized Representative
Theodore W. Von Bitner Assistant Vice President
Name of Authorized Representative Title of Authorized Representative 23 1407008.1
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
ATTACHMENT 2
CONSULTANT'S ACKNOWLEDGEMENT OF COMPLIANCE
WITH INSURANCE REQUIREMENTS FOR
AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.
Consultant: Theodore W. Von Bitner
Name (Please Print or Type)
By:
~··
~~- Assistant Vice President
Consultant's Signature & Title
Date: March 21, 2023
This executed form must be submitted with proposal.
24 1407008.1
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
ATTACHMENT 3
CERTIFICATION OF PROPOSAL
TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:
A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals ("Agreement") no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition; E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City;
25 1407008.1
'''11 THEODORE VON BITNER, PHD
PRINCIPAL-IN-CHARGE I TECHNICAL LEAD (TMDLS, TRASH
AMENDMENTS, SPECIAL STUDIES)
Years with WSP
10 Years total
20 Education
PhD, Chemistry, UCLA,
2001
BS, Chemical Physics,
UCSD, 1995
Licenses/
Certifications
Certificate of Achievement
Real Estate (2022)
Certified Project Manager
(2013)
Professional
Memberships
CASQA
Mentor Collective
SF Bay Area
Trash Technical Advisory
Committee (2023-2028)
Statewide Trash
Monitoring Methods
Technical Advisory
Committee (2020)
Office location
Costa Mesa, CA
Dr. VonBitner has 20 years of environmental science and program management of NPDES and TMDL compliance programs of various city, county, and state level government agencies. Primary professional responsibilities include project management for multiple state and local government clients and providing technical advisory services on specific priority issues. His experience has included managing City agency level Jurisdictional Runoff Management Programs, NPDES and TMDL program implementation, developing and performing regulatory compliance inspection programs, and providing community outreach and education.
SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
City of Dana Point, Stormwater Program Technical Support Services, Dana Point, CA: Project Manager. (July 2017 to Present). In 2017, WSP was contracted by the City to provide as-needed NP DES and TMDL stormwater program consultancy support. Services to the City cover a wide range of topics including development of regulatory compliance implementation plans for the statewide Trash Amendments policy, reviewing and updating structural treatment control device inventories, water quality inspections, preparing comments letters on proposed regulations, performing technical assessments of water quality data to inform the City on regulatory compliance status, and working with City staff to development implementation strategies for the Bacteria TMDL program compliance.
City of Santa Ana, Stormwater Program Technical Support, Santa Ana, CA:
Interim NPDES Program Manager and Technical Lead. (December 2017 to Present). WSP's services were contracted beginning in December 2017 to provide interim NPDES Program Management assistance in response to staffing shortages at the City. Support included activities related to general implementation of NPDES program such as TMDLs, statewide Trash Amendments, the Integrated Regional Watershed Management Program, reviewing program budgets, providing regulatory guidance and program implementation recommendations, performing inspections, and meeting with members of the public. Additional project activities have included assisting the City with grant-funding for structural treatment control systems.
City of San Juan Capistrano, NPDES Jurisdictional Runoff Management Program, San Juan Capistrano, CA: Project Manager. (March 2015 to Present).
WSP supports the City's jurisdictional runoff management program under the San Diego MS4 Permit. Project activities include managing the work of support staff, performing regulatory compliance inspections for commercial, industrial, municipal, and residential management areas; responding to public complaints, preparing administrative enforcement letters to HOA management and private property owners, managing inspection programs and structural BMP inventories, reviewing WQMPs for Priority Development Projects, and developing technical guidance for Department Directors and Executive Managers. Additional project activities include developing an equestrian facility regulatory compliance inspection program, supporting public works with the Bacteria TMDL and CHWSRS programs, conducting MS4 outfall investigations, and JRMP updates.
'''P KACEN CLAPPER, CPSWQ
PROJECT MANAGER I TECHNICAL LEAD (PROGRAM MEETINGS,
NPDES PLANNING, MS4 REPORTING, GIP WATER QUALITY PLANNING,
OUTREACH MA TERIALSIEVENTS, ILLEGAL DISCHARGES/ILL/CIT
CONNECTIONS)
Years with WSP
6 Years total
23 Education
MS, Environmental
Studies, California State
University, Fullerton, 2001
BA, Ecology and
Evolutionary Biology,
University of Connecticut,
1996
40 Hour HAZW0PER
Training, 2008
Licenses/
Certifications
Certified Professional in
Storm Water Quality,
Number 1139
Professional
Memberships
CASQA
Office location
Costa Mesa, CA
Mr. Clapper is a Certified Professional in Storm Water Quality (CPSWQ) and provides 23 years of expertise in the environmental field including over 11 years working on storm water and surface water quality NPDES programs for a public agency. He has supervised the Orange County Public Works internal storm water compliance section, managed several bacterial Total Maximum Daily Load (TMDL) programs, led mass emission program water quality and flow monitoring activities, and currently provides technical support to multiple local agencies in stormwater program implementation and Geographic Information System (GIS) spatial data development and analysis. His areas of expertise include Phase I Municipal Separate Storm Sewer System (MS4) permit implementation under both the San Diego and Santa Ana Water Boards, bacteria TMDL program implementation, pollutant source investigation, and compliance with the statewide Trash Amendments. In addition, Mr. Clapper recently served as co-chair for the California Stormwater Quality Association (CASQA) Policy and Permitting Subcommittee helping to lead discussions and comment development on new and potential precedent setting changes in stormwater regulations.
SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
Orange County Public Works, Horno Creek Dry Weather Flow Investigation, Ladera Ranch, CA: Project Manager. (June 2021 - Present). Mr. Clapper is the project manager for a multiyear special study focused on dry weather flow reduction and the identification and elimination of over-irrigation and other controllable non-storm water flows in the unincorporated Ladera Ranch community of Orange County. Project work has included subdrainage mapping, dry weather flow investigation work plan development, the deployment of flow monitoring equipment at three outfall locations, and dry weather flow reconnaissance during peak flow hours to identify controllable non-stormwater discharges such as overirrigation. Identified flow sources are referred to Orange County Public Works for focused outreach and education efforts and to the Ladera Ranch homeowners association to address common area irrigation deficiencies.
City of Laguna Niguel, Storm Water Compliance Technical Support, Laguna Niguel, CA: Project Manager. (July 2017 - Present). Mr. Clapper is currently the project manager for storm water compliance technical support services to the City of Laguna Niguel including overall management of the City's Environmental Programs. Components of technical support include Local Implementation Plan/Jurisdictional Runoff Management Program (LIP/JRMP) and Water Quality Improvement Plan (WQIP) implementation and reporting, bacteria TMDL compliance support, wetlands program implementation, and other MS4 permit compliance related support. Project activities have included updates to the City's LIP/JRMP to reflect new MS4 permit requirements, development of a Track 2 implementation plan for compliance with the statewide Trash Amendments, development of MS4 outfall dry weather flow investigation work plan and
'''11 KACEN CLAPPER, CPSWQ
PROJECT MANAGER I TECHNICAL LEAD (PROGRAM MEETINGS,
NPOES PLANNING, MS4 REPORTING, GIP WATER QUALITY PLANNING,
OUTREACH MA TERIALSIEVENTS, ILLEGAL DISCHARGES/ILLICIT
CONNECTIONS)
implementation of a multiyear pilot study in cooperation with Moulton Niguel Water District, conducting a Bacteria TMDL related Comprehensive Human Waste Source Reduction Strategy (CHWSRS) work plan area of investigation study, municipal facility WQMP post-construction BMP inspections, environmental compliance project management oversight of a Salt Creek wetlands restoration project, securing an Orange County Transportation Authority (OCTA) grant for trash capture BMPs, and development of MS4 permit annual reporting submittals.
City of Laguna Beach, Water Quality Program Technical Support, Laguna Beach, CA: Project Manager. (June 2018 - January 2023). Mr. Clapper was the project manager and lead analyst performing all data analysis and development of a state Trash Amendments compliance plan for the City of Laguna Beach and assisting the City implementation of south Orange County Water Quality Improvement Plan (WQIP) program requirements. A conceptual Track 2 plan was developed for the City and baseline trash visual assessment surveys were conducted to further refine additional measures needed for compliance. Data analysis included using GIS software to define priority land use areas, model trash generation rates, and refine drainage area delineations to existing BMPs. WQIP implementation assistance has included technical support in bacteria TMDL compliance and assisting the City with Heisler Park Area of Special Biological Significance (ASBS) Compliance Plan annual reporting.
Orange County Public Works, OC Watersheds Program, Orange County, CA: Section Supervisor, Program Manager, Field Lead. (August 2005 - January 2017) Previous Employer. The County of Orange's OC Watersheds program directs NPDES compliance programs as both a lead permittee conducting MS4 permit program development, monitoring, and reporting through a cost-share on behalf of Orange County cities, and as an individual permittee representing County jurisdictional areas. During his time at the County, Mr.
Clapper served in several OC Watersheds program roles including: a monitoring program lead, a hydrology and GIS data analyst, a bacteria TMDL program manager, and as chief of the County's Internal Storm Water Compliance Section managing the County's JRMP for unincorporated areas and the Orange County Flood Control District. Notable program efforts included development of bacteria TMDL required Comprehensive Load Reduction Plans for the Aliso Creek and San Juan Creek Watersheds and leading the County's JRMP MS4 permit annual reporting involving the coordination of multiple County departments and agencies and reporting under two separate permits.
'''11 BRENT SMITH, IGP TOR, QSD/QSP, QISP, CPESC
TECHNICAL LEAD (SWPPPIESCP REVIEW, CONSTRUCT/ON BMP
INSPECTIONS, NPDES TRAINING AND GIP GRANTS)
Years with WSP
22 Years total
22 Education
BS, Environmental
Science, University of
California Santa Barbara
Licenses/
Certifications
Industrial General Permit
Trainer of Record and
Qualified Industrial Storm
Water Practitioner (Reg.
No. 115)
Construction General
Permit Qualified SWPPP
Developer/ Qualified
SWPPP Practitioner,
(Reg. No. 01105)
Certified Professional in
Erosion and Sediment
Control, (Reg. No. 5585)
Professional
Memberships
CASQA
California Construction
and Industrial Materials
Association
Office location
Costa Mesa
Mr. Smith is a senior associate scientist with more than 22 years of experience providing environmental compliance consulting for a wide variety of projects and clients. Mr. Smith has helped many clients comply with NPDES regulations and permitting, including municipal, industrial, construction, and de minimus permits.
Mr. Smith's responsibilities have included stormwater program management, NPDES permit compliance, flow measurement and sampling system design, evaluation and recommendation of BMPs, field monitoring, training including QISP training, interpretation of analytical results, structural BMP inspection program development, statewide Trash Amendments implementation, and grant funding support. Mr. Smith currently manages compliance projects for several of the largest municipalities in Orange County and industrial facilities such as John Wayne Airport.
SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
Port of Long Beach, Construction NPDES Program Support, Long Beach, CA: Technical Lead. (2015- Present). Mr. Smith assisted the Port of Long Beach with construction document revisions and risk calculations to comply with . California's Construction General Permit. Mr. Smith developed procedures to properly calculate risk for all construction sites at the Port of Long Beach and utilized the procedure to calculate risk for four active constructions sites lowering the risk level for three of four sites. Mr. Smith has also assisted with revisions and development of SWPPPs as a Qualified SWPPP Developer (QSD) for construction projects at the Port of Long Beach.
City of Anaheim, Municipal NPDES Program, Anaheim, CA: Project Manager. (2003 - Present). Mr. Smith is the Project Manager for the City of Anaheim NPDES compliance programs. Mr. Smith has assisted with the development and implementation of a comprehensive NPDES compliance inspection program for the City's existing development, construction, and the significant re-development programs. The existing development program includes inspecting thousands of industrial and commercial facilities to help the City of Anaheim comply with stormwater program obligations. Mr. Smith currently manages this program with the City's Code Enforcement Department conducting the inspections. Mr. Smith developed a NPDES training program for the City, which is provided annually. Mr.
Smith also assists Public Works Construction with the construction and significant redevelopment programs. Mr. Smith has reviewed WQMPs and SWPPPs, conducted field verifications of structural treatment controls installed, reviewed operation and maintenance of post-construction BMPs, completed construction inspections, and trained construction inspectors. Mr. Smith has also assisted the City with the development of three SPCC plans, all aspects of the City's MS4 annual report, grant funding reporting requirements, construction support, and is currently managing the development and implementation of the City's program to comply with the statewide Trash Amendments.
'''11 MICHAEL LOWTHER, IGP TOR, QISP, CPESC
TECHNICAL LEAD (WQMP AND FACILITY BMP INSPECTIONS)
Years with WSP
16 Years total
16 Education
BS, Environmental
Engineering, California
Polytechnic State
University
Licenses/
Certifications
2015 Industrial General
Permit Trainer of
Record/Qualified Industrial
Storm Water Practitioner
(Reg. No. 159)
Certified Professional in
Erosion and Sediment
Control, 6187
Qualified Storm Water
Pollution Prevention Plan
Developer for the Scrap
Metal Permit, Order No.
RS-2012-0012, Certificate
# SMQSD-001
Office location
Costa Mesa
Mr. Lowther has 16 years of professional experience evaluating and developing stormwater management programs and providing annual training seminars to comply with the NPDES Industrial General Permit (IGP). He has written and evaluated SWPPPs for a variety of facilities with industrial activities that have included sulphur processing, clay mining, oil field drilling, aerospace manufacturing, automotive dismantling, scrap metal/paper/plastic processing, chemical manufacturers, wineries, paint manufacturers, airports, schools bus maintenance shops, marinas and boatyards. Mr. Lowther has completed several thousands of municipal/industrial/commercial/construction inspections on behalf of municipalities in Orange County to comply with Phase I MS4 permits. He has extensive experience performing post-construction WQMP stormwater treatment control BMP inspections on behalf of municipalities to verify that BMPs are installed and maintained as proposed in the WQMPs. Mr. Lowther also has extensive experience training WSP and municipal personnel to complete industrial, commercial, municipal, construction, and post-construction WQMP inspections.
SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
City of Santa Ana, Municipal NPDES Program, Santa Ana, CA: Compliance Inspector. (2011- Present). Mr. Lowther has assisted the City of Santa Ana with implementation of an industrial and commercial NPDES inspection program that includes inspections at approximately 1,000 industrial and commercial facilities each year. He has audited facilities for compliance with Santa Ana Regional Water Quality Control Board stormwater requirements including an evaluation of current business practices, potential discharges generated by the facility and recommendations for BMP interim actions. Tasks also included enforcement, as necessary, including writing notices of violation.
City of Anaheim, Municipal NPDES Program, Anaheim, CA: Compliance Inspector. (2003 - Present). Mr. Lowther has served as senior NPDES Compliance Inspector responsible for investigating various NPDES-related complaints and audited facilities at industrial and commercial sites for compliance with Santa Ana Regional Water Quality Control Board stormwater requirements.
Audits included evaluation of current. business practices that involved potential discharges generated by the facility and recommendations for BMP interim actions. He has completed hundreds of verification and operation and maintenance inspections of structural treatment control BMPs. Mr. Lowther has provided in-class and in-the field training for code enforcement officers to complete WQMP operation and maintenance inspections of structural treatment control BMPs. Mr. Lowther routinely assists the City with providing simple solutions to correct design issues observed in the field and assists the City with constructionrelated inspections.
'''11 KERI GANNON, PE, QSD
TECHNICAL LEAD (WQMP REVIEW)
Years with WSP
5 Years total
19 Education
BS, Civil Engineering,
Bucknell University, 2002
Professional
Registrations
PE, Civil, CA, 68877
Licenses/
Certifications
Construction General
Permit Qualified SWPPP
Developer, 22492
Office location
San Diego
Ms. Gannon has broad civil engineering and project management experience. She currently provides drainage and stormwater services in the areas of conceptual planning, final design and review for existing and proposed municipal systems.
She is currently working with the Port of Long Beach, the San Diego County Regional Airport Authority, the County of San Diego, and the Navy on a variety of projects that include hydrologic/hydraulic analyses, stormwater conveyance and management design, erosion control design, preparation of plans, specifications, and estimates (PS&E), construction-phase support services and stormwater report review. Her expertise also includes stormwater technical studies, CEQA/NEPA review, and QA/QC reviews.
SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
San Diego Regional Airport Authority, Water Quality Equivalency Credit Trading Document, San Diego, CA: Technical Lead. (2021- Present). Ms.
Gannon led development a Water Quality Equivalency (WQE) Credit Trading Framework for the San Diego County Regional Airport Authority (SDCRAA) with the purpose of providing a framework for implementing water quality credit trading at San Diego International Airport (SAN). This Framework relies on the previously developed SDCRAA's BMP Design Manual for Permanent Site Design and the WQE Guidance Document as a basis for outlining the methods that project applicants, and the SDCRAA, can use to bank, track and trade water quality credits for development projects within the SAN jurisdiction. WSP researched other jurisdictional (local and national) guidance on the tracking of water quality credits to complete the development of the Framework, which has been accepted by the San Diego Regional Water Quality Control Board.
City of Anaheim, Trash Full Capture Analysis, Anaheim, CA: Senior Engineer. (2021- Present). Ms. Gannon was the senior engineer responsible for the peer review of the design of three continuous deflective separation (CDS) units to meet the current trash full capture system requirements. The review entailed a review of the basis of design reports, the project plans, and the CDS unit details to ensure that the new system will meet the requirements.
Multiple Clients, Water Quality Management Plan Document Review, Southern CA: Senior Engineer. (2019 - Present). Ms. Gannon is the senior engineer responsible for providing technical support to the Port of Long Beach and the City of San Juan Capistrano to review the stormwater reports developed for redevelopment and development projects occurring within their jurisdiction. The reports are reviewed according to the clients' specific requirements in compliance with NPDES MS4 Permits. WSP prepares comments on the report and works with the report preparer to make sure the reports and project designs meet MS4 permit requirements.
'''11 LIST OF PREVIOUS AND CURRENT CLIENTS
PROJECTS RELEVANT TO NPDES PROGRAM MANAGEMENT AND
INSPECTION SERVICES
City of San Juan Capistrano, Public Works Department, San Juan Capistrano, CA (current)
City of Dana Point, Public Works Department, Dana Point CA (current) City of Garden Grove, Public Works Department, Garden Grove CA (current) City of Fountain Valley, Public Works Department, Fountain Valley CA (current) City of Laguna Niguel, Public Works Department, Laguna Niguel CA (current) City of San Diego, Storm Water Division, San Diego CA (current)* City of Newark, Public Works Department, Newark CA (current)* City of Oakland, Public Works Department, Oakland CA (current)* City of Berkeley, Public Works Department, Berkeley CA (current)* City of Mountain View, Mountain View CA (current)*
City of Anaheim, Public Works Department, Anaheim CA (current) City of Santa Ana, Public Works Administration, Santa Ana CA (current) City of Irvine, Public Works Department, Irvine CA (current) City of Costa Mesa, Public Works Department, Costa Mesa CA (current) City of Encinitas, Encinitas CA (current)*
City of Imperial Beach, Public Works Department, Imperial Beach CA (current)*
County of Orange, Orange County Public Works, Santa Ana CA (current) County of San Diego, Department of Public Works, San Diego CA (current)* John Wayne Airport, Santa Ana CA (current)
San Diego County Regional Airport Authority, San Diego CA (current)* Port of Long Beach, Long Beach CA (current)*
Port of Los Angeles, Long Beach CA (current)*
Port of San Diego, San Diego CA (current)*
California Department of Transportation, Sacramento CA (current) City of San Clemente, Utilities Department, San Clemente CA (previous) City of Laguna Beach, Water Quality Department, Laguna Beach CA (previous) County of Ventura, Public Works Department, Ventura CA (previous) State of California, SWAMP Region 9, San Diego CA (previous) *Current and previous clients includes WSP Project Managers and staff members not included in proposal.
Fee Proposal
City of Laguna Hills
NPDES Program Management and Inspection Services
March 27, 2023
Joe Ames
Public Works Director
24305 El Toro Road
Laguna Hills, CA 92653
Table of Contents
A. Cover Letter 2
B. Proposed Project Budget 4
C. Fee Schedule 8
T
able of Contents
A. Cover Letter 2
B. Proposed Project Budget 4
C. Fee Schedule 8
Cover Letter I Section l
A. Cover Letter
'''I> 3560 Hyland Avenue
(949) 642-0245
wsp.com
March 21, 2023
Joe Ames, Public Works Director
City of Laguna Hills
24305 El Toro Road
Laguna Hills, CA 92653
Subject: Fee Proposal for NPDES Program Management and Inspection Services Dear Mr. Ames,
WSP USA Environment & Infrastructure, Inc. (WSP) would like to thank you for the opportunity to submit a proposal for NPDES Program Management and Inspection Services for the City of Laguna Hills.
The attachment to this cover letter provides a summary of WSP's qualifications to provide the services outlined in the RFP. We have successfully delivered similar projects for many other Orange County cities and are an active participant in the Orange County Stormwater Program helping to guide countywide efforts to comply with NPDES requirements.
From commercial/industrial inspection services, to Water Quality Management Plan (WQMP) review and post-construction BMP inspections, to statewide Trash Amendments compliance plan development and OCTA M2 Tier l grants acquisition, to water pollution response and source investigations we have
implemented all aspects of local agency stormwater programs and have experience with program implementation under both the Santa Ana and San Diego Region Phase I Municipal Separate Storm Sewer System (MS4) permits.
WSP is a global leader in consulting and engineering across the energy and built environment. We provide consulting, projects, and operations solutions in more than 60 countries, and employ approximately 40,000 people. WSP's southern California offices are staffed by more than 400 professional planners, biologists, and scientists. Our Costa Mesa, CA office is only 15 miles from Laguna Hills City Hall and has been designated as the project management location for this contract.
The proposed key team members, as well as numerous other staff members within our organization will be immediately available to perform the described program management and inspection services.
Theodore (Ted) W. Von Bitner, who will serve as the Principal-in-Charge, and Kacen Clapper, proposed Project Manager, are authorized to negotiate a binding contract on behalf of WSP and the parties named in this proposal. Our corporate office and local addresses and the primary point of contact during the evaluation process are listed in Table l.
The WSP Team Advantage:
✓ Local team with decades of
experience led by a proven
Project Manager
✓ Environmental compliance is our
core capability
✓ Decades of successful on-call
contract service history
✓ Proven methodology
✓ Commitment to QA/QC
✓ Knowledge of local environment
''"I> City of Laguna Hills I NP DES Program Management and Inspection Services Page 12
Cover Letter I Section l
Table l -WSP Contact Information
Legal Name & Corporate Office Main Point of Contact
WSP USA Environment & Infrastructure, Inc.
1075 Big Shanty Road NW, Suite 100,
Kennesaw, GA 30744
Kacen Clapper, Project Manager
3560 Hyland Avenue, Suite 100,
Costa Mesa, CA 92626
Direct: 774-624-2722
[email protected]
PROFESSIONAL SERVICES AGREEMENT STATEMENT & ADDENDUM ACKNOWLEDGEMENT WSP declares that we have reviewed and are ready to execute the City's standard form Professional Services Agreement (Attachment 4) and acknowledge receipt of all RFP addenda.
MAIN POINT OF CONTACT
Should you have any questions regarding either the scope of work or our fee schedule, Kacen Clapper will be your primary point of contact. Correspondence can be sent to him at our address listed below or he may be contacted at (774) 624-2722 or at his email address is [email protected].
Sincerely,
WSP USA Environment & Infrastructure, Inc.
Theodore Von Bitner, PhD
Princi pa 1-1 n-Cha rge
Kacen Clapper, CPSWQ
Project Manager
'''I> City of Laguna Hills I NPDES Program Management and Inspection Services Pagel3
Cover Letter I Section l
B. Proposed Project Budget
This section presents our estimated costs to perform the scope of services based on experience with similar work for other clients, incorporating the assumptions described by the City in the RFP, and based on our proposed rate schedule presented in section C. Our costs estimate is negotiable and can be revised at the opportunity to clarify the specific assumptions outlined in the RFP.
Our approach to providing NPDES Program Management and Inspection Services to the City is based on the following service areas:
Task 7. Program Administration
Task 2. Compliance Planning
Task 3. Program Funding
Task 4. Training
Task 5. Capital Projects and Programs
Task 6. Planning and Land Development
Task 7. Construction
Task 8. Industrial/Commercial and Municipal Facility Inspections Task 9. Investigations
Task 70. Public Outreach
Task 77. Reporting and Record Keeping
Tables 7, 2, 3 lists the task specific costs and estimated hours to perform the scope of work. '''I> City of Laguna Hills I NP DES Program Management and Inspection Services Pagel4
Cover Letter I Section l
Table 1. Year l Costs to Provide NPDES Program Management and Inspection Services to the City of Laguna Hills.
Classification Name(s) Rate
Hours by Task Number Total Total
l 2 3 4 5 6 7 8 9 10 11 Hours Cost
Principle Matt Rich $310 2 0 0 0 0 0 0 0 0 0 0 2 $620
Theodore Von 12 6 2 2 0 2 0 0 0 0
Senior Associate Bitner, $250 0 24 $6,000
Brent Smith
Associate/Project Michael Lowther, 80 65 6 14 18 8 8 17 40 20 Manager
Lijun Xu, Kacen $200 33 309 $61,800
Clapper
Senior 2/ Project 0 0 0 0 0 59 0 0 0 0
Manager
Keri Gannon $180 0 59 $10,620
Sarah Seifert, 0 25 0 0 0 0 0 0 0 0
Senior l Kimberly Henry, $170 60 85 $14,450
Tomas Marquez
0 0 10 0 6 90 103 170 0 6
Dylan Cawthorne,
Professional Staff 3 Bryan Shiang, Ellen $150 126 511 $76,650 Smith, Tom Perry
Professional Staff2 $130 0 0 0 0 0 0 0 0 0 0 0 0 $0
Professional Staffl $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Technician $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Field Technician $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Project/ 0 0 0 0 0 0 0 0 0 0
Controller/ 0 0 $0
Coordinator
Project Controls Bernadette Roberts, $110 27 0 0 0 0 0 0 0 0 0 $2,970 Analyst Sarah Gerry
0 27
Project Support $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Technical Writer $135 0 0 0 0 0 0 0 0 0 0 0 0 $0
Mileage (IRS Rate) $235.80 $0.00 $0.00 $0.00 $78.60 $589.50 $884.25 $314.40 $209.60 $558.95 $0.00 $2,871 and Materials
Task Specific and Overall Costs $22,826 $18,750 I $3,200 $3,300 $4,579 $26,810 $17,934 $29,214 $8,210 $5,459 $35,700 1017 $175,981 NA= Not Applicable
'''I,
City of Laguna Hills I NPDES Program Management and Inspection Services Page IS
Cover Letter I Section l
Table 2. Year 2 Costs to Provide NPDES Program Management and Inspection Services to the City of Laguna Hills.
Classification Name(s) Rate
Hours by Task Number Total Total
l 2 3 4 5 6 7 8 9 10 11 Hours Cost
Principle Matt Rich $310 2 0 0 0 0 0 0 0 0 0 0 2 $620
Theodore Von
Senior Associate Bitner, $250 12 6 2 2 0 2 0 0 0 0 0 24 $6,000 Brent Smith
Associate/Project Michael Lowther,
Lijun Xu, Kacen $200 80 65 6 14 18 8 8 17 40 20 32 308 $61,600 Manager Clapper Senior 2/ Project Keri Gannon $180 0 0 0 0 0 59 0 0 0 0 0 59 $10,620 Manager Sarah Seifert,
Senior l Kimberly Henry, $170 0 25 0 0 0 0 0 0 0 0 42 67 $11,390 Tomas Marquez
Dylan Cawthorne,
Professional Staff 3 Bryan Shiang, $150 0 0 10 0 6 90 103 170 0 6 141 526 $78,900 Ellen Smith, Tom Perry
Professiona I Staff 2 $130 0 0 0 0 0 0 0 0 0 0 0 0 $0
Professiona I Staff l $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Technician $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Field Technician $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Project
Controller/ $150 0 0 0 0 0 0 0 0 0 0 0 0 $0
Coordinator
Project Controls
Bernadette
Roberts, $710 27 0 0 0 0 0 0 0 0 0 0 27 $2,970
Analyst Sarah Gerry
Project Support $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Technical Writer $135 0 0 0 0 0 0 0 0 0 0 0 0 $0
Mileage (IRS Rate) $235.80 $0.00 $0.00 $0.00 $78.60 $589.50 $884.25 ~314.40 $209.60 $558.95 $0.00 NA $2,871 and Materials
Task Specific and Overall Costs $22,826 $18,750 $3,200 $3,300 $4,579 $26,810 $17,934 $29,214 $8,210 $5,459 $34,690 1,073 $774,971 NA= Not Applicable
'''-'I> City of Laguna Hills I NPDES Program Management and Inspection Services Pagel6
Cover Letter I Section 1
Table 3. Year 3 Costs to Provide NPDES Program Management and Inspection Services to the City of Laguna Hills.
Classification Name(s) Rate
Hours by Task Number Total Total
1 2 3 4 5 6 7 8 9 10 11 Hours Cost
Principle Matt Rich $310 2 0 0 0 0 0 0 0 0 0 0 2 $620
Theodore Von
Senior Associate Bitner, $250 12 6 2 2 0 2 0 0 0 0 0 24 $6,000 Brent Smith
Associate/Project Michael Lowther,
Lijun Xu, Kacen $200 80 65 6 14 18 8 8 17 40 20 32 308 $61,600 Manager Clapper Senior 2/ Project Keri Gannon $180 0 0 0 0 0 59 0 0 0 0 0 59 $10,620 Manager Sarah Seifert,
Senior l Kimberly Henry, $770 0 25 0 0 0 0 0 0 0 0 42 67 $71,390 Tomas Marquez
Dylan Cawthorne,
Professional Staff 3 Bryan Shiang, $750 0 0 10 0 6 90 103 170 0 6 141 526 $78,900 Ellen Smith, Tom Perry
Professional Staff 2 $130 0 0 0 0 0 0 0 0 0 0 0 0 $0
Professional Staff 1 $720 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Technician $720 0 0 0 0 0 0 0 0 0 0 0 0 $0
Field Technician $700 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Project
Controller/ $750 0 0 0 0 0 0 0 0 0 0 0 0 $0
Coordinator
Project Controls
Bernadette
Roberts, $110 27 0 0 0 0 0 0 0 0 0 0 27 $2,970 Analyst Sarah Gerry Project Support $700 0 0 0 0 0 0 0 0 0 0 0 0 $0
Technical Writer $135 0 0 0 0 0 0 0 0 0 0 0 0 $0
Mileage (IRS Rate) $235.80 $0.00 $0.00 $0.00 $78.60 $589.50 $884.25 ~314.40 $209.60 $558.95 $0.00 NA $2,871 and Materials
Task Specific and Overall Costs $22,826 $78,750 $3,200 $3,300 $4,579 $26,810 $17,934 $29,214 $8,210 $5,459 $34,690 1013 $174,971 NA= Not Applicable
'''-'I> City of Laguna Hills I NPDES Program Management and Inspection Services Pagel7
Cover Letter I Section l
C. Fee Schedule
As requested, we have provided an hourly rate fee schedule applicable to our proposed personnel proposed to provide services on City of Laguna Hills projects in a separate sealed envelope.
The Schedule of Charges applies to all services provided by and/or through WSP to the City. The schedule of charges may be revised periodically, as conditions require. These rates will be in effect for the duration of the contract.
WSP is an Equal Opportunity/Affirmative Action Employer, and as such adheres to all applicable federal, state, and local laws and regulations in this regard.
Labor
Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and correspondence and for the time associated with production of such documents. Direct charges are not made for secretarial service, office management, accounting, and maintenance, because these items are included in overhead. Labor category charge rates for WSP are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will be provided on request.
LABOR CATEGORY HOURLY RATE
Principal Engineer/Scientist $310
Senior Associate Engineer/Scientist $250
Associate Project Manager/Engineer/Scientist $200
Senior 2/Engineer / Scientist $180
Senior 1/Engineer/Scientist $170
Staff 3 Engineer/ Scientist $150
Staff 2 Engineer/ Scientist $130
Staff 1 Engineer/ Scientist $120
Senior Technician $120
Field Technician $100
Senior Project Controller/Coordinator $150
Project Controls Analyst $110
Project Support $100
Technical Writer $135
The hourly labor rates set forth are valid effective January 7, 2023.
Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. When it is necessary for an employee to be away from the office overnight, actual costs, or a negotiated rate, will be charged for living expenses. Employee '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Page IS
Cover Letter I Section l
expenses will be charged at cost. Mileage for travel expenses will not be charged to the City. Other expenses are listed below.
Charges for expert witness services will be at the hourly rates shown. However, for depositions and for court appearances, the rate is twice the amount shown. There will be a 4-hour minimum per-day charge for depositions and an 8-hour minimum per-day charge for court appearances. Special accounting services will be billed at the Support Staff rate.
Direct Costs and Subcontracted Services
The following represents typical billing rates for expense not directly related to hourly fees, including reprographic services.
Outside Services
Outside services will be charged at cost multiplied by 7.05. Common outside items include:
subconsultants, drilling services, laboratory testing, equipment and vehicle rental, printing and p_hotographic work, postage and shipping, conference calls, travel, and transportation.
Reimbursables
Non-routine Photocopies $0.12/sheet
Specialized Computer Application $25.00/hour
1 On-request Invoices
Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt. An additional payment charge of l 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date.
Other Expenses
Special equipment or supplies, permits, shipping charges, special printing, or other items not customarily provided by WSP, will be charged at our cost multiplied by 7.05. The use of company-owned specialized equipment required by a project not listed above will be quoted separately to the City prior to the work and charged at an hourly rate or daily rate. 1 Does not include commercially available software programs such as ArcGIS, Arc Pro for GIS, Microsoft Office products, etc. '''I> City of Laguna Hills I NPDES Program Management and Inspection Services Pagel9
EXHIBIT "B"
CITY OF LAGUNA HILLS
SCOPE OF SERVICES
FOR
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
REQUEST FOR PROPOSALS (RFP)
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
SCOPE OF SERVICES DESCRIPTION
(4-PAGES)
1771062.l
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
SECTION IV
SCOPE OF SERVICES
Services to be Provided:
Consultant shall provide all, or any combination, of the following services to the City of Laguna Hills upon issuance of a Task Order. None of the requested services should be interpreted as requiring any dedicated or continuing on-site staffing by the Consultant.
These services include ensuring that the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit requirements are complied with, including total maximum daily load (TMDL) implementation, water pollution prevention programs, and the City's stormwater pollution prevention ordinance.
Responsibilities include coordinating the City's NPDES MS4 program, serving as a main liaison with the Santa Ana and San Diego Regional Water Quality Control Boards and the County of Orange, overseeing the City's NPDES MS4 program, and attend various countywide meetings.
It is anticipated the selected consultant will support the City with a combination of meetings, both in-house and field, along with satellite services. The Department anticipates the work can be accomplished within 16 hours per week with the selected provider. All work performed by the selected provider shall be invoiced on an hourly basis. This allows the Department to contract for more complex expertise than is currently available with in-house staff.
As a courtesy, some items below have estimated time allowances. However, the proposer shall investigate all items and make his/her own estimates of all work items, regardless of estimated time allowances provided, in his/her proposal.
Other specific tasks include, but are not limited to:
1. Program Administration
a. Program updates and correspondence.
• Provide Program status updates and hold update meetings.
Represent the City at various regulatory compliance meetings.
Meetings include but are not limited to: NPDES General
Permittee Meetings, Newport Bay Watershed Meetings, North Orange County Watershed Management Area Management
Committee Meetings, South Orange County Watershed
Management Area Committee Meetings, Local Implementation Plan/Program Effectiveness Assessment Sub-Committee
Meetings, NPDES Legal/Regulatory Advisory Sub- Committee 17 1407008.1
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
Meetings, Trash and Debris Task Force Meeting Public . Education Sub-Committee Meetings, NPDES Technical Advisory Committee Meetings, NPDES Inspection SubCommittee Meetings, and, as-needed Regional Board Meetings.
For this task, assume three 2-hour meetings per month.
• Act as liaison with various environmentally related resource agencies as it relates to public and private projects within the city. b. Technical assistance. Be aware, train, and update City staff regarding new technologies, changing mandates, regulations, and NPDES items.
Consultant will be knowledgeable of NPDES legislation and recommend implementation of program elements as necessary and required to comply with NPDES regulations.
2. Compliance Planning.
a. Assist with planning, implementing, and reporting for TMDLs and Watershed Plans and for statewide pollutant provisions, including anv Newport Bav TMDLs as well as the South Orange Countv Integrated Regional Water Management Plan and the South Orange Countv Water Qualitv Improvement Plan. Assess compliance with TMDLs and Plans as well as statewide pollutant provisions. Recommend compliance actions and assist in their implementation. For this task, assume 8 hours per month.
3. Program Funding
a. Apply for applicable grant funding opportunities. Grant funding opportunities may include but not limited to OCTA M2 Tier 1 Grants. For this task, assume 20 hours of assistance per year.
b. Assist in developing and administering Program fees, budgets, and cost share agreements.
4. Training
a. Hold annual NPDES MS4 training for City staff in-person. b. Obtain proper and pertinent training by attending County-wide training.
County-wide training includes but is not limited to: WQMP and Hydromodification Model Training, Stormwater Program Manager Training, Illegal Discharge and Illicit Connection Training, Commercial/Industrial/Municipal Inspector Training, and PostConstruction Inspection Training. For this task, assume 8 hours of County-wide training per year.
5. Capital Projects and Programs
a. Provide as-needed assistance in selecting, developing, and implementing any NPDES elements of capital projects.
b. Conduct maintenance inspections for City-owned post-construction BMPs. 18 1407008.1
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
For this task, assume 2 inspections per year.
c. Assist City staff in receiving and terminating coverage under the NPDES Construction General Permit and other applicable NPDES permits.
6. Planning and Land Development
a. Review and approve submittals of Water Quality Management Plans (WQMPs), Non-Priority Water Quality Management Plans, Stormwater Pollution Prevention Plans, and Water Pollution Control Plans for City and private development projects. For this task, assume 10 WQMPs, each requiring 3 reviews to approval, for a total of 30 reviews. b. Review/plan check project plans, specifications, and other documents for compliance with storm water regulations.
c. Collaborate and confer with developers, contractors and engineers on water quality issues related to grading plans and encroachment permits. d. Conduct post-construction BMP verification and maintenance inspections.
For this task, assume 15 verification/maintenance inspections per year.
7. Construction. Conduct proactive, routine stormwater quality inspections for construction sites that require NPDES Permit coverage and provide as-needed inspection assistance for construction sites that do not require coverage. Work with public works staff, building inspectors, and code enforcement officers to bring NPDES issues into compliance. For this task, assume 30 inspections, 15 follow-up inspections, and 5 enforcement notices per year.
8. Industrial/Commercial and Municipal Facility Inspections a. Conduct routine stormwater quality inspections for commercial, industrial, and municipal facilities. Work with Public Works staff and the City's Code Enforcement Officer to bring NPDES issues into compliance. Routine inspections also include following-up for facilities referred to by Orange County Health Care Agency, and Orange County Pollution Prevention Hotline. For this task, assume 70 inspections, 20 follow-up inspections, and 5 enforcement notices per year.
b. Assist as-needed with the implementation of SB-205.
9. Investigations. Respond as needed to emergency spills and properly document the incidents, including illicit connections and illegal discharges. Communicate with appropriate parties to mitigate incidences and maintain tracking system of all complaints, investigations, and correspondence. Work with code enforcement officers to bring NPDES issues into compliance. For this task, assume 4 investigations and 4 follow-up inspections per year.
19 1407008.1
City of Laguna Hills
NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
10. Public Outreach
a. Provide pollution prevention educational materials for distribution and content for internet-based platforms. For this task, assume $500 in material purchases per year to be reimbursed by the City as part of the consultant's monthly invoicing.
b. Assist with City community events to promote pollution prevention. For this task, assume 3 events per year with 4 hours per event. c. Update educational materials and content as needed, working with the City's public information officer consultant and City staff.
11. Reporting and Record Keeping
a. Prepare the NPDES MS4 Annual Reports for the Santa Ana RWQCB and San Diego RWQCB along with providing data to the County of Orange.
This includes but is not limited to: legal authority, illicit discharge detection and elimination program, development planning program, construction management program, existing development and management program, public education and participation program, and fiscal analysis. b. Prepare and submit the City's quarterly reports for Industrial/Construction NPDES Permit facilities.
c. Manage and update inventories to track NPDES activities. Inventory includes tracking of municipal facilities, commercial facilities, industrial facilities, WQMP projects, post-construction BMP maintenance and verification, and construction sites.
d. Use and populate the Orange County Stormwater Tools ("OC Stormwater Tools") compliance reporting program designed by Orange County Public Works. The City currently has a backlog of entries which must be made which involve making field visits to City-owned and privately-owned stormwater treatment devices (structural BMPs) to verify status and O&M issues, researching existing WQMPs and grading plans the City has on-file, and entering the data into OC Stormwater Tools. For this task, in the first year of the contract, assume 100 hours of work, and assume 40 hours of work in years 2 and 3.
End of Section, continue to next page.
20 1407008.1
wsp.com
November 11, 2024
Joe Ames, Public Works Director/City Engineer
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Contract Novation to WSP USA Inc. (Professional Servies Agreement WSP USA Environment & Infrastructure, Inc. for NPDES Program Management and Inspection Consulting Services effective June 13, 2023)
Dear Client:
On December 31, 2024, WSP USA Environment & Infrastructure Inc. (“WSP E&I”) will merge into WSP USA Inc. With this merger, WSP E&I will cease to exist, and WSP USA Inc. will remain as the successor legal entity. The existing WSP E&I contract will effectively transfer to WSP USA Inc. with no action needed on your part for our work to continue. As the surviving corporation, WSP USA Inc. automatically assumes all rights, responsibilities, and liabilities of WSP E&I, including existing agreements.
Regarding insurance, both WSP USA Inc. and WSP E&I are currently covered under the same insurance policies, and this merger shall not modify that coverage. The insurance certificates previously provided will remain valid. If you need an updated insurance certificate listing WSP USA Inc. as the insured, please email [email protected] with that request.
If you need or wish to request a contract novation, assignment, amendment, or other formal name change due to this merger, please inform your WSP point of contact. Our legal team is prepared to support any necessary transition documentation promptly. You may submit any questions regarding this matter directly to the WSP E&I Merger mailbox at WSP-E&[email protected]. Our legal team is monitoring this mailbox and will respond promptly to any inquiries. Our goal is to minimize any disruptions to our clients, and we apologize for any inconvenience this may cause.
We want to assure you that while we complete these administrative changes, what you rely on remains the same: our staff and leadership, our passion for quality, and our commitment to collaboration and client service. The WSP USA Inc. teams assigned to your organization, including project managers, project staff, and senior management, will not change due to these changes. We remain committed to providing the same level of service you have come to expect.
Sincerely,
Lytle Troutt
SVP Operations, US E&E
Item No. 4.15
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: December 10, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Proposed Civic Center Office Lease with The Financial Coaching Group, Inc., a California corporation, for 24031 El Toro Road, Suite 320, Laguna Hills, California
Recommendation: That the City Council: 1) Approve the lease agreement with The Financial Coaching Group, a California corporation, for 24031 El Toro Road, Suite 320, Laguna Hills, California; 2) Authorize the City Manager to make minor modifications to and negotiate the final terms of the lease agreement, as necessary; and 3) Authorize the City Manager to execute the lease agreement.
Background:
City staff and the Civic Center property management company, Essex Realty Management, Inc., negotiated a five-year lease with The Financial Coaching Group, a California corporation, for 24031 El Toro Road, Suite 320. Michael and Arlene Stokes, principals with the firm, offer financial services including investments, retirement planning, and estate planning. They are planning to relocate their business to the Civic Center.
Until August 31, 2024, Suite 320 was occupied by the Dayle McIntosh Center for the Disabled. This location was a satellite location for the Center. They elected not to renew their lease and instead only operate out of their primary location in Anaheim. Suite 320 has not been rehabilitated in a long time and requires improvements in order to be marketable.
In November 2024, Essex Realty Management, Inc., received an offer from the Stokes for the lease of Suite 320. The offer requires reasonable improvements to be made to
Item No. 4.15
Suite 320 prior to occupancy. In lieu of providing a tenant improvement allowance to the lessee to make the reasonable improvements, which would require the lessee to hire contractors registered with the California Department of Industrial Relations and to pay prevailing wage rates, City staff and Essex negotiated a proposed lease that requires the City to make the improvements to the space prior to occupancy by the lessee. While these improvements still require the payment of prevailing wages, the City is better equipped to manage these improvements.
The tenant improvements include: 1) installation of new vinyl plank or tile flooring and wall base throughout; 2) painting the interior suite throughout with building standard interior paint; 3) replacing wall outlets/lighting plates and plugs throughout; 4) removal of the existing handicap door hardware; 5) demolition of the dividing wall in the reception area; 6) installation of two light fixtures to match existing lighting in area where wall was removed; 7) removal of all old security system equipment from walls and ceiling tiles; 8) removal of the floating cabinet in the kitchen; 9) cleaning AC vent covers; and 10) ensuring all ceiling tiles are uniform throughout the suite. The expected tenant improvements are expected to cost less than $40,000 and must be completed by April 1, 2025, per the terms of the proposed lease agreement.
Due to the limited timeframe to complete the work and the relatively minor scope of work, City staff will use the City’s Informal Bidding Ordinance, Chapter 3-36, which authorizes the City Manager to award and execute contracts for “public projects” of $60,000 or less. “Public projects” include the construction, reconstruction, erection, alteration, renovation, demolition, repair work, and repainting or repainting of any publicly owned, leased, or operated facility. By using the Informal Bidding Ordinance, this process will save City staff time and money that would otherwise be spent on creating bid documents for the scope of work for the requested tenant improvements and the overhead costs associated with hiring one general contractor for the improvements versus hiring individual specialty contractors.
Consequently, City staff recommends that the City Council: 1) Approve the lease agreement with The Financial Coaching Group, a California corporation, for 24031 El Toro Road, Suite 320, Laguna Hills, California; 2) Authorize the City Manager to make minor modifications to and negotiate the final terms of the lease agreement, as necessary; and 3) Authorize the City Manager to execute the lease agreement CEQA Findings:
Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section
Item No. 4.15
15301 as a Class 1 Categorical Exemption – “Existing Facilities.” Fiscal Impact:
The following is a summary of the key lease terms and financial analysis:
Commencement Date: July 1, 2024 (subject to change)
Term: Sixty (60) months
Rentable Square Feet: 1,218
Upfront Capital: $52,357 (Estimated)
Base Rent: Months 1-12: $2,984.10 (~$2.45/SF/mo)
Months 13-24: $3,073.62/month (~$2.52/SF/mo)
Months 25-36: $3,165.83/month (~$2.60/SF/mo)
Months 37-48: $3,260.81/month (~$2.68/SF/mo)
Months 49-60: $3,358.63/month (~$2.76/SF/mo)
Total Rent Payments: $190,115.91
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 lease includes an estimated cost of $40,000 of tenant improvements to be performed by the City. Essex Realty, per the terms of the existing property management agreement, will receive approximately $5,703 for its lease commission (3% of total rent consideration) as the listing broker, and the broker representing the lessee will receive approximately $6,655 for its lease commission (3.5% of total rent consideration) as the procuring broker.
Attachments:
1. Proposed Lease
Item No. 4.16
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: December 10, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Safe Streets for All Grant for the Development of the Laguna Hills Safety Action Plan
Recommendation: That the City Council: 1) Approve the Agreement between the United States Department of Transportation’s Federal Highway Administration and the City of Laguna Hills to receive a Safe Streets and Roads for All (SS4A) Grant for the Laguna Hills Citywide Safety Action Plan; 2) Authorize the City Manager to execute the Agreement; and 3) Authorize the Finance Director to amend the budget by allocating an expenditure of $250,000 in Professional Services (General Fund 100-355-700000), recognize grant revenue of $200,000, and transfer $50,000 from City Engineer Services (General Fund 100-355-700100) to fund the City’s matching cost share.
Background:
On July 10, 2023, City staff made an application under the latest call for applications for Safe Streets and Roads for All (SS4A) grant funds to fund the development of a new Laguna Hills Citywide Safety Action Plan (Plan).
The proposed Plan will focus the development of recommended vehicular, pedestrian, and bicyclist safety improvement actions to reduce and prevent serious injuries and fatalities on the City’s roads. Development and acceptance of such a Plan is a prerequisite for being able to apply for Federal Highway Safety Improvement Program (HSIP) grant funds. Over the past few years, approximately $200 million in HSIP grant funds have been made available to cities and counties in California for roadway safety improvement projects during each call for projects.
The Bipartisan Infrastructure Law (BIL) established the separate Safe Streets and Roads
Item No. 4.16
for All discretionary program with $5 billion in appropriated funds over 5 years, 2022- 2026. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries, and is administered by the United States Department of Transportation’s Federal Highway Administration (FHWA). SS4A grants are divided into two categories: Planning and Demonstration Grant awards and Implementation Grant awards.
City staff applied for a $200,000 SS4A Planning and Demonstration Grant to help fund the proposed Plan. The SS4A Grant requires a 20% match of $50,000 for a total estimated cost of $250,000 to develop the Plan.
On December 20, 2023, the Division Office of the Federal Highway Administration, which supports the Office of the Secretary of Transportation in administering the SS4A Grant Program, notified the City of the award of the requested grant funding to the City, subject to the execution of an Agreement with the FHWA.
Since January 2024, City staff and one of the City’s on-call consultants, W.G.
Zimmerman Engineering, Inc., worked with FHWA staff to develop and approve the required National Environmental Policy Act clearance document for the project. The next step is the execution of an Agreement between FHWA and the City to receive the SS4A grant funds. Subsequently, City staff and W.G. Zimmerman Engineering, Inc. will develop and release a Request for Proposals from qualified consultants to develop the Citywide Safety Action Plan.
CEQA Findings:
The development of the proposed Citywide Safety Action Plan is exempt from the California Environmental Quality Act (CEQA) under subdivision (b)(3) of State CEQA Guidelines Section 15061 (“common sense” exemption). The activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Fiscal Impact:
The estimated cost of developing the Citywide Safety Action Plan is $250,000. Of this estimated cost, 80% ($200,000) will be funded by the SS4A Grant and 20% ($50,000) will cost shared by the City. Funds for the City’s cost share are available in the Public Works Operating Budget (City Engineer Services).
Item No. 4.16
Therefore, City staff is recommending that City Council authorize the Finance Director to amend the budget by allocating an expenditure of $250,000 in Professional Services (General Fund 100-355-700000), recognize grant revenue of $200,000, and transfer $50,000 from City Engineer Services (General Fund 100-355-700100) to fund the City’s matching cost share.
Attachments:
1. Proposed Grant Agreement
1 of 13
1. Federal Award No.
693JJ32540334
2. Effective Date
See No. 16 Below
3. Assistance
Listings No.
20.939
4. Award To
CITY OF LAGUNA HILLS
24035 El Toro RD
Laguna Hills, California
92653-3103, United States
Unique Entity Id.: VLC8GAPU9KF4
TIN No.: 33-0490460
5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
6. Period of Performance
Effective Date of Award – 24
months
7. Total Amount
Federal Share:
Recipient Share:
Other Federal Funds:
Other Funds:
Total:
$200,000
$50,000
$0
$0
$250,000
8. Type of Agreement
Grant
9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)
10. Procurement Request No.
HSA240347PR
11. Federal Funds Obligated
$200,000
12. Submit Payment Requests To
See Article 5.
13. Description of the Project:
Development of a Laguna Hills Citywide
Action Plan to identify needed local street and
transportation safety improvements.
14. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.
41010.61006600
RECIPIENT
15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Jarad Hildenbrand
Title: City Manager
FEDERAL HIGHWAY ADMINISTRATION
16. Signature of Agreement Officer
______________________________________
Signature Date
Name: Jessica Prutz
Title: Agreement Officer
2 of 13
U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Laguna Hills (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Laguna Hills Citywide Safety Action Plan.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title: Laguna Hills Citywide Safety Action Plan Application Date: 07/10/2023
2.2 Award Amount.
SS4A Grant Amount: $200,000
2.3 Federal Obligation Information.
Federal Obligation Type: Single
2.4 Budget Period.
Budget Period: See Block 6 of Page 1
2.5 Grant Designation.
Designation: Planning and Demonstration
3 of 13
ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project’s Statement of Work.
The Laguna Hills Citywide Safety Action Plan will identify methods to reduce and prevent serious injuries and fatalities on the local roads. It will use data and observations to identify, analyze, and prioritize the best solutions for improving transportation safety for all users - drivers, transit riders, cyclists, and pedestrians. It will also address any specific traffic safety issues of the designated disadvantaged area.
The project will be completed in one phase as follows:
Base Phase: Pre-NEPA: Action Plan
3.2 Project’s Estimated Schedule.
Action Plan Schedule
Milestone Schedule Date
Planned NEPA Completion Date: June 5, 2024
Planned Draft Plan Completion Date: November 3, 2025
Planned Final Plan Completion Date: January 3, 2026
Planned Final Plan Adoption Date: February 1. 2026
Planned SS4A Final Report Date: December 1, 2026
3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $200,000
Other Federal Funds: $0
State Funds: $0
Local Funds: $50,000
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $250,000
ARTICLE 4
RECIPIENT INFORMATION
4.1 Recipient Contact(s).
Mr. Joe Ames, P.E.
Public Works Director/City Engineer
City of Laguna Hills
24035 El Toro Road, Laguna Hills, CA 92653-3103
(949) 707-2655
[email protected]
4 of 13
4.2 Recipient Key Personnel.
Name Title or Position
Willam Zimmerman, P.E.
(714)799-1700 ext 100
[email protected]
Project Manager
W.G. Zimmerman Engineering (WGZE)
Shirley Land
(949)933-3561
[email protected]
Assistant Project Manager
Subconsultant (WGZE)
Jarad Hildenbrand
(949) 707-2615
[email protected]
City Manager
City of Laguna Hills
Eric Hendrickson
(949) 707-2623
[email protected]
Finance Director
City of Laguna Hills
Julie Comella
(949) 707-2651
[email protected]
Administrative Assistant
City of Laguna Hills
4.3 USDOT Project Contact(s).
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-493-2402
[email protected]
and
Elissa Konove
Division Administrator – California
Agreement Officer’s Representative (AOR)
Federal Highway Administration
650 Capitol Mall, Suite 4-100
Sacramento, California
916-498-5001
[email protected]
5 of 13
and
Daniel Hawk
Local Programs Manager
California Division
Federal Highway Administration
650 Capitol Mall, Suite 4-100
Sacramento, California
916-498-5849
[email protected]
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction.
In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308(f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office.
When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the
6 of 13
Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.
6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.
6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.
6.5 There are no other special grant requirements.
7 of 13
ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Laguna Hills
Baseline Measurement Date: April 6, 2025
Baseline Report Date: January 31, 2026
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting Deadline
Equity Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT
Within 120 days after
the end of the period of
performance
Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant
Within 120 days after
the end of the period of
performance
Lessons Learned
and
Recommendations
Lessons Learned and Recommendations: Description of
lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets.
Within 120 days after
the end of the period of
performance
8 of 13
ATTACHMENT B
CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” in Section 3.3 of the table.
Scope: N/A
Schedule: N/A
Budget: N/A
The table below provides a summary comparison of the project budget.
Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs (NonEligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project Costs
Total Project Costs
9 of 13
ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table align with the application:
A racial equity impact analysis has been completed for the Project.
X
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project.
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation.
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation.
The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities.
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
2. Supporting Narrative.
The City of Laguna Hills complies with the California Public Contract Code (PCC) and other related policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure equity in the overall delivery and implementation of a city project. The City’s purchasing policies in 3-
08.100 Best Qualified Vendor that is race neutral and the Professional Services Agreement includes a Nondiscrimination Clause and Statement of Compliance.
Specific to the SS4A Action Plan process, the scope of work for the Laguna Hills Citywide Action Plan will include engagement, collaboration, and equity considerations. The City will identify key stakeholder groups to actively participate in the planning process, ensuring that diverse perspectives, including those of the elderly community and others with specific mobility needs, are represented in the SS4A program The funded Laguna Hills Citywide Action Plan will provide a thorough assessment of transportation needs, enabling Laguna Hills to implement strategies that enhance equitable access and address social and environmental challenges impacting disadvantaged communities. This inclusive approach is designed to foster a safer, more accessible environment for all residents.
10 of 13
ATTACHMENT D
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with “X” in the following table align with the application:
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions.
X The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions.
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions.
The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities.
The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand.
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions.
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both.
The Project supports the installation of electric vehicle charging stations.
The Project promotes energy efficiency.
The Project serves the renewable energy supply chain.
The Project improves disaster preparedness and resiliency.
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity.
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm.
The Project supports or incorporates the construction of energy- and location-efficient buildings.
The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both.
X The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below.
The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.
2. Supporting Narrative.
The City of Laguna Hills has proactively integrated climate change resilience and environmental justice principles into its General Plan, which guides ongoing and future projects, including the forthcoming Citywide Safety Action Plan. Recognizing that 13% of the City's population resides in disadvantaged census tracts with a 69% environmental burden index, Laguna Hills has adopted policies under its Conservation and Open Space Element (July 14, 2009) that prioritize low-impact development, water conservation, and emissions reduction, particularly benefiting high-need areas.
11 of 13
In collaboration with regional agencies like OCTA, SCAG, and Caltrans, the City actively aligns its mobility and safety initiatives with state and federal climate goals. These adopted policies support the Citywide Safety Action Plan’s objectives by providing a framework that emphasizes equitable access, safer streets, and sustainable transportation, ensuring that future infrastructure improvements address both environmental and social equity needs.
12 of 13
ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:
The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards.
X The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project.
The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project.
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project.
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs.
The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking.
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups.
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin;
e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
The Recipient has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards.
The Recipient has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improving good-paying jobs and strong labor standards and will not take those actions under this award.
2. Supporting Narrative.
The City of Laguna Hills is committed to meeting the requirements of the SS4A grant program and supports the creation of good-paying jobs that uphold workers' rights and high labor standards. These values are
13 of 13
reflected in the adopted Laguna Hills City Employees Association Memorandum of Understanding (July 1, 2023), which establishes policies supporting these goals. The City also participates in the Disadvantaged Business Enterprise (DBE) program and is dedicated to fostering a diverse and inclusive workforce.
Additionally, the City’s Municipal Code (Section 3-08.040) prioritizes local businesses in procurement where other factors are equal, further supporting the local economy and workforce.
Item No. 4.17
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: December 10, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Side Street Stop Sign Installation on Luna Bonita Drive at La Serra Recommendation: That the City Council: 1) Find and determine that the proposed stop control intersection is not subject to the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3 (the operation and maintenance of existing highways and streets is categorically exempt); and 2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, designating the intersection of Luna Bonita Drive and La Serra as a stop intersection and authorizing the installation of a one-way side street stop sign on Luna Bonita Drive at La Serra."
Background:
City staff received a request from a resident of the community to evaluate the need for stop sign control facing Luna Bonita traffic at the intersection of Luna Bonita and La Serra to enhance safety. The resident was concerned about oncoming vehicles from Luna Bonita potentially colliding with vehicles on La Serra.
Luna Bonita Drive and La Serra are both local residential streets and do not have a posted speed limit. Both streets are two-lane residential roadways with an applicable prima facie local speed limit of 25 MPH. The intersection is currently uncontrolled, has no marked crosswalks on any leg, and meets in a T-intersection. Please see the attached Vicinity Map.
Upon receiving the request, City staff contacted Hartzog and Crabill, Inc. (HCI), the City’s traffic engineering consultant, to perform a sight distance evaluation and five (5) year accident history review of the intersection.
Item No. 4.17
Based on the guidelines of the California Manual on Uniform Traffic Control Devices (MUTCD), stop sign installations should meet certain sets of criteria, called warrants, so there is uniformity in their application around the nation. One of the warrants, the collision warrant, requires a minimum of five (5) reported, correctable accidents within a 12-month period. Another warrant evaluates sight distance at the intersection.
Accordingly, HCI reviewed the accident history and sight distance visibility at the intersection.
An accident history review from the California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SWITRS) from January 2019 through June 2024 revealed no reported collisions; therefore, the collision warrant was not met.
The applicable sight distance was derived from the stopping sight distance guidelines found in the California MUTCD. In this reference, a 25 MPH roadway speed recommends a minimum Stopping Sight Distance of 155 feet. For a more conservative approach, a 30 MPH speed limit was utilized for analysis which has a minimum sight distance of 200 feet. The sight distance analysis found that a stopped driver’s perspective from the minor street of Luna Bonita Drive was sufficient in the northerly direction but insufficient in the southerly direction due to on-street parked vehicles near the intersection.
While the collision history alone does not indicate the need for installation of a stop sign at the intersection of Luna Bonita Drive and La Serra, due to limited visibility and to better assign right-of-way, City staff recommended at the November 20, 2024, Traffic Commission meeting that the Traffic Commission recommend to City Council the installation of a one-way stop sign on Luna Bonita Drive at La Serra. The Traffic Commission approved the recommendation.
Therefore, the City staff recommends that the City Council adopt a Resolution entitled:
"A Resolution of the City Council of the City of Laguna Hills, California, designating the intersection of Luna Bonita Drive and La Serra as a stop intersection and authorizing the installation of a one-way side street stop sign on Luna Bonita Drive at La Serra.” If the Resolution is adopted, the stop sign installation work would include the installation of applicable STOP pavement markings and a limit line. This may include the installation of certain on-street parking restrictions near the intersection as determined by the City Engineer, to increase the visibility of the one-way stop control.
Item No. 4.17
CEQA Findings:
The operation and maintenance of existing highways and streets is categorically exempt under the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3.
Fiscal Impact:
The anticipated installation cost of the required signing and striping is $1,000.00. Funds are available for this work in the 2024-25 Fiscal Year Public Works Maintenance Budget (Fund No. 212-355-720.400).
Attachments:
1. Vicinity Map
2. Proposed Resolution
3. Hartzog & Crabill, Inc. Recommendation Letter – Sight Distance Evaluation for the Intersection of Luna Bonita Drive at La Serra, dated October 28, 202
VICINITY MAP
RESOLUTION NO. 2024-12-10-X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, DESIGNATING THE
INTERSECTION OF LUNA BONITA DRIVE AND LA SERRA
AS A STOP INTERSECTION AND AUTHORIZING THE
INSTALLATION OF A ONE-WAY SIDE STREET STOP SIGN
ON LUNA BONITA DRIVE AT LA SERRA
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:
WHEREAS, the intersection of Luna Bonita Drive at La Serra is a “T” intersection of two residential streets; and
WHEREAS, it has been determined by City staff that installation of a side street stop sign control on Luna Bonita Drive at La Serra will improve right-of-way assignment; and
WHEREAS, the Traffic Commission, at its regularly scheduled meeting of November 20, 2024, recommended to the City Council the installation of a one-way stop sign on Luna Bonita Drive at La Serra; and
WHEREAS, California Vehicle Code Section 21354 authorizes the City to designate any intersection under its exclusive jurisdiction as a stop intersection and erect stop signs at one or more entrances thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. The intersection of Luna Bonita Drive and La Serra is hereby designated as a stop intersection.
SECTION 3. The City Engineer is hereby directed to and shall cause the installation of a side street stop sign and necessary pavement legends on Luna Bonita Drive at La Serra established herein.
SECTION 4. The stop sign control authorized in this resolution shall become effective upon posting of the required signage in accordance with California Vehicle Code Section 21354.
Resolution No. 2024-12-10-X
SECTION 5. The City Council finds and determines that the stop intersection control hereby established is not subject to the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3 because the operation and maintenance of existing highways and streets is categorically exempt.
PASSED, APPROVED AND ADOPTED this 10th day of December 2024. ____________________________________
, MAYOR
ATTEST:
______________________________________
JENNIFER LEE, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2024-12-10-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 10th day of December, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
JENNIFER LEE, CITY CLERK
Consulting Traffic Engineers to Government Agencies
October 28, 2024
Mr. Joe Ames, P.E., T.E.,
Public Works Director/City Engineer
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Recommendation Letter - Sight Distance Evaluation for the Intersection of Luna Bonita Drive at La Serra
Dear Mr. Ames:
Hartzog & Crabill, Inc. (HCI) has completed the preparation of a 5-year SWITRS collision report for the residential intersection of Luna Bonita Drive and La Serra. As you will see in the attached report (see Appendix A), there were zero (0) collisions reported during the past five (5) years.
Based on the intersection collision history alone, there is no indication to support the need for installation of STOP signs at this intersection.
However, in regards to driver visibility, HCI performed a sight distance assessment in the field.
SIGHT DISTANCE EVALUATION:
In brief summary, La Serra and Luna Bonita Drive do not have a posted speed limit. Both streets are two-lane residential roadways with an applicable prima facie local speed limit of 25 MPH (and do not require posting). The applicable sight distance was derived from the stopping sight distance guidelines found in the California MUTCD (see Appendix B). In this reference, a 25 MPH roadway speed recommends a minimum Stopping Sight Distance of 155 feet. However, it is likely that the overall speeds on these roads typically exceed the local 25 MPH speed limit.
Therefore, a 30 MPH speed limit was used as a more conservative measure, which has a minimum sight distance of 200 feet.
HCI prepared the attached Sight Distance exhibit (see Appendix C), which shows a stopped driver’s perspective from the minor street of Luna Bonita Drive looking for oncoming traffic on La Serra. As shown, when looking in the northerly direction there is sufficient sight distance to the 200-foot orange cone. However, when the same driver is looking in the southerly direction, there is not sufficient sight distance to the 200-foot orange cone due to on-street parked vehicles near the intersection.
Gerald J. Stock, PE, TE,
Executive Vice President
17821 E. 17th Street
Suite 245
Tustin, CA 92780
Phone: (714) 731-9455
FAX: (714) 731-9498
www.hartzog-crabill.com
Mr. Joe Ames, P.E., T.E.
October 28, 2024
SIGHT DISTANCE EVALUATION: (continued)
Table 1 below summarizes our findings based on the sight distance (visibility) of the orange cone at the applicable stopping sight distance.
TABLE 1
Intersection
Prima
Facie
Speed
Limit
(MPH)
‘Design’
Speed =
Speed
Limit
+ 5 MPH
(MPH)
California
Stopping Sight
Distance for 85th
Percentile
Speeds
(feet)
Stopping
Sight
Distance
Satisfied?
(Yes or No)
Comments
La Serra and Luna
Bonita Drive 25 30 200
No. When a
side-street
driver looks
southerly,
on-street
parked
vehicles
block
visibility to
the stopping
sight
distance.
Since visibility may be
blocked by on-street
parked vehicles at/near
the intersection, it is
recommended to
prohibit at least the
first available parking
space (25’) from the
corner, along the eastside of La Serra.
CONCLUSION / RECOMMENDATIONS:
Based on review of the 5-year intersection collision history alone, it does not indicate the need for installation of a Stop sign(s) at the intersection of La Serra and Luna Bonita Drive.
However, since it has been verified that visibility may be blocked by on-street parked vehicles at/near the intersection, it is recommended to prohibit at least the first available parking space (25’) from each corner curb return along the east-side of La Serra.
Lastly, in order to better assign right-of-way at this intersection, the installation of a STOP sign, STOP pavement marking, and limit line is recommended for the side-street approach of Luna Bonita Drive.
Mr. Joe Ames, P.E., T.E.
October 28, 2024
We look forward to your review and acceptance of our recommendations and to any additional services the City of Laguna Hills may request. If you may have any questions or need further information, please feel free to call our office at (714) 731-9455. Thank you again for the opportunity to serve your community.
Sincerely,
Hartzog & Crabill, Inc.
Scott Ma, P.E., T.E.
Senior Engineer
Attachments: 5-Year SWITRS Intersection Collision History Report Stopping Sight Distance as a Function of Speed Table (California MUTCD) Sight Distance Photo Exhibit
APPENDIX A
5-YEAR SWITRS
INTERSECTION COLLISION HISTORY
CITY OF LAGUNA HILLS
INTERSECTION OF LA SERRA AND LUNA BONITA DRIVE
5-YEAR SWITRS COLLISION DATABASE
JAN. 1, 2019 - JUN. 30, 2024
CASE ID
COLL.
DATE
COLL.
TIME PRIMARY ROAD SECONDARY ROAD DIST. DIR. INTERS.
WEATH.
1 COLL.
SEVERITY
PRIM.
COLL.
FACT.
PCF
VIOL
CAT.
PCF
VIOL.
HIT
AND
RUN
TYPE
OF
COLL.
MOTOR
VEHICLE
INVOLVED
WITH
ROAD
SURF.
NO COLLISIONS REPORTED.
NOTES:
Weather 1 Collision Severity Primary Collision Factor PCF Violation Category Hit and Run Type of CollisionA - Clear 1 - Fatal A - (Vehicle) Code Violation 01 - Driving or Bicycling Under Influence F - Felony A - Head-OnB - Cloudy 2 - Injury (Severe) B - Other Improper Driving 02 - Impeding Traffic M - Misdemeanor B - SideswipeC - Raining 3 - Injury (Other Visible) C - Other Than Driver 03 - Unsafe Speed N - Not Hit & Run C - Rear-EndD - Snowing 4 - Injury (Complaint of Pain) D - Unknown 04 - Following Too Closely D - BroadsideE - Fog 0 - PDO (Property Damage Only) E - Fell Asleep 05 - Wrong Side of Road E - Hit ObjectF - Other - - Not Stated 06 - Improper Passing F - OverturnedG - Wind 07 - Unsafe Lane Change G - Vehicle/Pedestrian - - Not Stated 08 - Improper Turning H - Other 09 - Automobile ROW - - Not Stated
Motor Vehicle Involved With: 10 - Pedestrian ROWA - Non-Collision 11 - Pedestrian Violation Road SurfaceB - Pedestrian 12 - Traffic Signals and Signs A - DryC - Other Motor Vehicle 13 - Hazardous Parking B - WetD - Motor Vehicle on Other Roadway 14 - Lights C - Snowy or IcyE - Parked Motor Vehicle 15 - Brakes D - Slippery F - Train 16 - Other Equipment - - Not StatedG - Bicycle 17 - Other Hazardous ViolationH - Animal 18 - Other Than Driver (or Ped)I - Fixed Object 19 - J - Other Object 20 - - - Not Stated 21 - Unsafe Starting or Backing 22 - Other Improper Driving23 - Pedestrian or "Other" Under the Influence24 - Fell Asleep00 - Unknown - - Not Stated
APPENDIX B
CA MUTCD
STOPPING SIGHT DISTANCE
AS A FUNCTION OF SPEED
California MUTCD 2012 Edition
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Chapter 6C – Temporary Traffic Control Elements January 13, 2012 Part 6 – Temporary Traffic Control
____________________________________________________________________________________________ ____________________________________________________________________________________________
APPENDIX C
SIGHT DISTANCE EXHIBIT
SIGHT DISTANCE EXHIBIT
WB LUNA BONITA DRIVE (LOOKING NORTH) AT SB ONCOMING TRAFFIC ALONG LA SERRA Sight Distance = 200 feet
WB LUNA BONITA DRIVE (LOOKING SOUTH) AT NB ONCOMING TRAFFIC ALONG LA SERRA Sight Distance = 200 feet
Item No. 4.18
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: December 10, 2024
To: Mayor and Council Members
From: Jennifer Lowe, Community Development Director
Issue: Development Application Status Report
Recommendation: That the City Council receive and file the report.
Background:
The purpose of this Status Report is to identify new and pending development applications in process with the City’s Community Development Department which will require a public hearing. Links to project documents are available on the City’s website at: https://lagunahillsca.gov/PlanningProjects.
Case Number N/A
Project Location 23272, 23282, 23422, 23382, 23332 Mill Creek Drive; 24461, 24411 Ridge Route Drive
Project
Description
Request to construct 464 residential units.
Applicant John Stack, on behalf of Ridge Route LLC, KB Mill Creek DST, KB Spectrum Summit Plaza, LLC
Project Planner TBD
Status On October 29, 2024, an SB330 Preliminary Application was submitted. Staff is currently reviewing the application materials and awaiting submittal of a Formal Application.
Item No. 4.18
Case Number USE-0166-2023 (SDP/TPM/PUP/PP)
Project Location 24422 Avenida de la Carlota, Oakbrook Plaza Project
Description
A request to construct a new 240-unit senior living apartment complex in a 7-story, podium-style development with four residential levels located above four parking levels, including one subterranean parking level. The existing office building on site will remain, with parking for the office building provided in the new parking structure.
Applicant Matt Haugen, BSP Oakbrook LLC
Project Planner Adam Pisarkiewicz, Contract Planner
Status On April 11, 2024, a letter was sent to the Applicant deeming the Application complete. On June 10, 2024, a letter was sent to the Applicant identifying reasons the proposed Project is, or potentially is, inconsistent, not in compliance, or not in conformity with City plans, programs, policies, ordinances, standards, and requirements. On July 30, 2024, a letter was sent to the Applicant identifying additional technical review comments. Staff is currently awaiting resubmittal of plans; the item will be scheduled for public hearing when ready.
Case Number USE-0147-2023 (SDP)
Project Location 25254 La Paz Road
Project
Description
Request to construct 180 age-restricted, multiple-family dwelling units within an approximately 61-foot-tall, six-story building, including two parking levels (one subterranean) with 250 parking spaces.
Applicant Nick Buchanan
Project Planner Jay Wuu, Senior Planner
Status On April 18, 2024, a letter was sent to the Applicant deeming the Application complete. On June 17, 2024, a letter was sent to the Applicant identifying reasons the proposed Project is, or potentially is, inconsistent, not in compliance, or not in conformity with City plans, programs, policies, ordinances, standards, and requirements. Staff is currently conducting CEQA review and
Item No. 4.18
additional technical review of the proposed Project. The item will be scheduled for public hearing when ready.
Case Number USE-0165-2023 (ZTA/TTM/SDP)
Project Location 23272 – 23282 Mill Creek Drive
Project
Description
Request to construct 48 detached residential condominium units.
Applicant John Stack, on behalf of KB Spectrum Summit Plaza, LLC Project Planner Jay Wuu, Senior Planner
Status On May 3, 2024, a letter was sent to the Applicant deeming the Application complete. On August 28, 2024, a letter was sent to the Applicant identifying additional technical review comments and informing the Applicant of significant design concerns. Staff is currently awaiting a withdrawal of the Application or resubmittal of plans; the item will be scheduled for public hearing when ready.
Case Number USE-0172-2024 (CPMA)
Project Location 23521 Paseo de Valencia
Project
Description
Request to construct carports in the Taj Mahal parking lot to accommodate solar panels.
Applicant Alisha Cosio, on behalf of Valta Energy
Project Planner Jennifer Ash, Assistant Planner
Status On March 29, 2024, a letter was sent to the Applicant deeming the Application incomplete. Staff is currently awaiting resubmittal of plans; the item will be scheduled for public hearing when ready.
Case Number USE-0195-2024 (SDPM)
Project Location 24795 Alicia Parkway
Project
Description
Converting an existing full service carwash to an express carwash
Item No. 4.18
Applicant A&S Engineering, on behalf of Southland Property Investments, LLC
Project Planner Jennifer Ash, Assistant Planner
Status Application intake was on November 12, 2024, and is currently under review.
Fiscal Impact:
None.
Attachments:
None
Item No. 7.2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: December 10, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Introduction and First Reading of an Ordinance Relating to Electronic and Digital Signatures
Recommendation: That the City Council introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: “An Ordinance of the City of Laguna Hills, California, Adding Chapter 1-14 (Electronic and Digital Signatures) to Title 1 (General Provisions) of the Laguna Hills Municipal Code Relating to the Authorized Use of Electronic and Digital Signatures.”
Background:
The City of Laguna Hills has traditionally used “wet” signatures for documents between the City and external parties. The process takes from days to weeks, and involves cost incurring steps like printing, scanning, mailing. Under California law, digital signatures can now be used for many different types of written transactions that would otherwise require a handwritten signature.
The general legal framework for the use of electronic signatures on electronic records has been in place for a considerable period of time. In 1999, the State of California adopted a version of the Uniform Electronic Transactions Act (UETA), guaranteeing that electronic signatures would have the same legal effect as a “wet” or manual signature. (Civ. Code §§ 1633.1-1633.17.) In 2000, Congress passed the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), which mandated the same treatment of electronic signatures in interstate or foreign commerce. (15 U.S.C. 7001.) Additionally, in 1995, five years before the UETA and E-SIGN Act were adopted, the California Legislature passed a statute authorizing public entities to accept “digital
Item No. 7.2.1
signatures” if and only if they comply with stringent verification procedures established by the Secretary of State (Gov. Code § 16.5). The Secretary of State adopted regulations in 1998 approving the use of digital signatures only if they could be verified using Public Key Cryptology (PKI) or Signature Dynamics technologies. (2 C.C.R. § 22003).
The proposed Ordinance adds Chapter 1-14 (Electronic and Digital Signatures) to Title 1 of the Laguna Hills Municipal Code authorizing the use of electronic and digital signatures allowing the City to streamline current practices to improve productivity and save resources. The attached Ordinance also excludes those transactions for which digital or electronic signatures are not authorized by law.
Fiscal Impact:
There is minimal fiscal impact associated with the adoption of the proposed Ordinance.
There may be costs associated with procuring and implementing an electronic signature software program that is compliant with the UETA and the proposed Ordinance.
However, the proposed Ordinance simply authorizes the City to use electronic signatures on official documents rather than mandate the use of electronic signatures.
The ultimate fiscal impact will be dependent on the extent to which electronic signatures are used by the City.
Attachments:
1. Proposed Ordinance
4867-9387-8778, v. 1
ORDINANCE NO. 2025-X
AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 1-14 (ELECTRONIC AND
DIGITAL SIGNATURES) TO TITLE 1 (GENERAL
PROVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE
RELATING TO THE AUTHORIZED USE OF ELECTRONIC
AND DIGITAL SIGNATURES
WHEREAS, the use of electronic and digital signatures, in lieu of manual signatures, has increased efficiencies and overall customer service in the private sector; and
WHEREAS, under California law, the use of electronic signatures is at the option of the parties, including public agencies, involved in a transaction; and WHEREAS, the Uniform Electronic Transactions Act (“UETA” codified at Civil Code section 1633.1 et seq.) generally governs the use of “electronic signatures” by parties to a transaction, and Government Code section 16.5 governs the specific use of “digital signatures” (a type of electronic signature) by and in transactions with public entities; and
WHEREAS, the City of Laguna Hills (the "City") wishes to authorize the use of digital and electronic signatures for certain situations in order to increase customer service and efficiencies within the City's contracting practices; and WHEREAS, the City intends to authorize the use digital and electronic signatures to the fullest extent allowed by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Chapter 1-14 (Electronic and Digital Signatures) is hereby added to Title 1 (General Provisions) to the Laguna Hills Municipal Code to read in its entirety as follows:
Chapter 1-14
ELECTRONIC AND DIGITAL SIGNATURES
Sections:
1-14.010 Electronic and Digital Signatures.
A. Whenever a signature is required, the City may agree that an electronic signature, which includes, but is not limited to, a digital signature, satisfies that requirement, provided it is in accordance with the Uniform Electronic Transaction Act (“UETA” codified at Civil Code section 1633.1 et seq.) as the same may be amended from time to time.
Ordinance No. 2025-X
4867-9387-8778, v. 1
B. The City Manager shall determine the documents for which the City will accept electronic signatures, as well as the type(s) of acceptable electronic signatures the City will accept.
C. The authorization conferred under this chapter, shall not apply where the use of digital signatures or electronic signature is prohibited by law. 1-14.020 Policies.
The City Manager or their designee, in consultation with the City Attorney, may establish and from time to time amend such policies as they deem necessary or desirable to implement and expand upon the provisions of this chapter.
SECTION 3. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to state CEQA guidelines because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and state CEQA guidelines.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this ordinance and a certified copy of the text of this ordinance shall be posted in the office of the City Clerk five days prior to the date of adoption of this ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this ordinance, together with the vote for and against the same, in the office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this X day of X 2025.
________________________________
X, MAYOR
ATTEST:
______________________________________
JENNIFER LEE, CITY CLERK
Ordinance No. 2025-X
4867-9387-8778, v. 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Jennifer Lee, Interim City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2025-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the X day of X 2025, and that thereafter, said ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the X day of X 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
JENNIFER LEE, CITY CLERK
Ordinance No. 2025-X
4867-9387-8778, v. 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF LAGUNA HILLS ) AND PUBLICATION
JENNIFER LEE, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of Laguna Hills; That in compliance with State Laws of the State of California, ORDINANCE NO. 2025-x, being:
AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 1-14 (ELECTRONIC AND
DIGITAL SIGNATURES) TO TITLE 1 (GENERAL
PROVISIONS) OF THE LAGUNA HILLS MUNICIPAL CODE
RELATING TO THE AUTHORIZED USE OF ELECTRONIC
AND DIGITAL SIGNATURES
on the X day of X 2025, and on the X day of X 2025, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the X day of X 2025, and the X day of X 2025, caused to be posted in three places in the City of Laguna Hills, to wit:
Laguna Hills City Hall
Laguna Hills Community Center
La Paz Center
_________________________________
JENNIFER LEE, CITY CLERK
Laguna Hills, California
Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: December 10, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.
Background:
The following are recent meetings and events attended by the City Council for their City Council Committee Assignments.
Orange County Mosquito and Vector Control District (OCMVCD) Board of Trustees
Council Member Pezold
November 21, Regular Meeting
Orange County Fire Authority (OCFA)
Board of Directors
Council Member Sweeney
November 21, Regular Meeting
Association of California Cities - Orange County (ACC-OC) Legislative & Regulatory Committee
Council Member Wheeler
November 28, Regular Meeting
Item No. 9.1
Southern California Association of Governments (SCAG)
Community, Economic and Human Development Committee (CEHD) Council Member Caskey
December 5, Regular Meeting
Fiscal Impact:
The City does not provide any additional compensation to City Council Members for serving on outside agency boards or committees.
Attachments:
None