City of Laguna Hills
City Council / Planning Agency
Regular Meeting Agenda
Tuesday, May 13, 2025 - 6:00 PM
(Closed Session at 5:00 p.m. when scheduled)
City Council Chamber
24035 El Toro Road
Laguna Hills, CA 92653
Joshua Sweeney
Mayor
Don Caskey
Mayor Pro Tempore
Jared Mathis
Council Member
Erica Pezold
Council Member
Dave Wheeler
Council Member
In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary. It is City policy to limit public testimony to up to three minutes per person, as determined by the Mayor, and a total time limit of thirty minutes for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item.
Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk by 4:00 p.m. on Tuesday, May 13, 2025. In the subject line of the email, please state your name and the item number you are commenting on.
Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. All comments received by 4:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 4:00 p.m. on Tuesday, May 13, 2025. Email comments will NOT be read by the City Clerk during the meeting.
Electronic public comments may only be submitted via email and comments via text and social media (Facebook, X (formerly Twitter), etc.) will not be accepted.
For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
2 Closed Session - Convening at 5:00 PM
Call to Order
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.
Roll Call of City Council Members
Announcement of Closed Session Item(s)
The City Council will convene into Closed Session, in the City Council Conference Room, City Hall, Laguna Hills Civic Center, to consider the following matter(s):
A. Conference with Labor Negotiators
Pursuant to California Government Code Section 54957.6(a) City Designated Representative: Eric Hendrickson, Finance Director Employee Organization: Laguna Hills City Employee Association, City Employee Organization
B. Conference with Legal Counsel - Anticipated Litigation Pursuant to California Government Code Section 54956.9
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: (1 potential case).
Public Comments
Members of the public may address the City Council only on closed session items listed on this Agenda. Public Comments are limited to three minutes per person, as determined by the Mayor, and a total time limit of thirty minutes.
Adjourn to City Council Conference Room or City Council Chamber Convene into Closed Session
The City Council will convene into Closed Session to consider the matter(s) listed above.
Reconvene to City Council Chamber
Recess
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
3 General Business Convening at 6:00 PM
Call to Order
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.
Invocation
Pledge of Allegiance: Mayor Pro Tempore Caskey
Roll Call of City Council Members
Closed Session Report
City Attorney to announce whether any reportable action was taken on any matters considered during Closed Session.
1. Presentations and Proclamations
1.1 Laguna Hills High School Student Liaison Report
Recommendation: That the City Council receive a report from Laguna Hills High School Student Liaison Parsa Kaveh.
1.2 Certificate of Recognition for Laguna Hills High School Student Liaison Parsa Kaveh and Alternate Student Liaison Forrest Frey
Recommendation: That Mayor Sweeney present Certificates of Recognitions to Parsa Kaveh and Forrest Frey recognizing their service as a Laguna Hills High School Student Liaisons.
1.3 Proclamation for Jewish American Heritage Month
Recommendation: That Mayor Sweeney present a Proclamation to Tal Fox, Director of Community Engagement, Jewish Community Action Network, declaring May 2025 as Jewish American Heritage Month.
1.4 Proclamation for Drowning Prevention Awareness
Recommendation: That the City Council issue a proclamation encouraging participation in the "Always Watch the Water" and "Never Swim Alone" campaigns by highlighting May through August as a "Drowning Prevention Awareness" period and present the proclamation to Michael Summers, Division Chief, Orange County Fire Authority.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
4 1.5 Proclamation for Wildfire Awareness & Prevention Season Recommendation: That the City Council issue a proclamation declaring midsummer to early-autumn 2025 as "Wildfire Awareness and Prevention Season" and that Mayor Sweeney present a proclamation to Michael Summers, Division Chief, Orange County Fire Authority.
2. Schedule of Future Events
2.1 Schedule of Future Events
Recommendation: That the Deputy City Clerk announce the upcoming meetings and events.
3. Public Comments
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, as determined by the Mayor, and a total time limit of thirty minutes.
4. Consent Calendar
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or City staff request specific items be removed from the Consent Calendar.
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for April 22, 2025, 430pm Special Meeting Recommendation: That the City Council approve the City Council Minutes for the April 22, 2025, 430pm Special Meeting.
4.3 Approval of Minutes for April 22, 2025, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the April 22, 2025, Regular Meeting.
4.4 Approval of Minutes for April 29, 2025, 2pm Special Meeting Recommendation: That the City Council approve the City Council Minutes for the April 29, 2025, 2pm Special Meeting.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
5 4.5 Ratification of May 13, 2025 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from April 11, 2025, to May 1, 2025, in the amount of $2,198,570.06.
4.6 Second Amendment to Waste Disposal Agreement with the County of Orange
Recommendation: That the City Council authorize the City Manager to execute the Second Amendment to the Waste Disposal Agreement (WDA) with the County of Orange, extending the term through June 30, 2026, and incorporating a 2.6% increase in disposal fees, consistent with the existing escalation formula.
4.7 Award of a Professional Services Agreement with RJM Design Group, Inc. for the Paseo de Valencia/Alicia Parkway Reader Board
Recommendation: That the City Council authorize the City Manager to execute the Professional Services Agreement with RJM Design Group, Inc. in the amount of $58,667.
4.8 Amendment No. 1 to Professional Services Agreement with Hartzog & Crabill, Inc. for On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services
Recommendation: That the City Council: 1. Approve proposed Amendment No. 1 to the current Professional Services Agreement with Hartzog & Crabill, Inc. for OnCall Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services, and 2. Authorize the Mayor to execute the Agreement.
4.9 2025-2027 Fourth of July Celebration Sound and Stage Agreement Recommendation: That the City Council: 1. Approve the Sound and Stage Agreement between DJE and City of Laguna Hills for the years 2025, 2026, and 2027; and 2. Authorize the Mayor to sign the agreement.
4.10 Periodic Review of Development Agreement (Ordinance No. 2022-1) Between the City of Laguna Hills and MGP Fund X Laguna Hills, LLC: Village at Laguna Hills Mixed-Use Project
Recommendation: That the City Council: 1. Receive and file a report submitted by MGP Fund X Laguna Hills, LLC demonstrating its good faith compliance with the terms and conditions of the Development Agreement; and 2. Find and determine that MGP Fund X Laguna Hills, LLC has complied in good faith with the terms and conditions of the Development Agreement for the calendar years of 2022 through 2024.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
6 4.11 Amendment No. 1 to the 2016 License and Services Agreement with Tyler Technologies, Inc.
Recommendation: That the City Council: 1. Approve the use of $48,440 in unencumbered FY 2024-2025 funds in the Information Technology budget for the first year cost of the cloud-based Enterprise Permitting and Licensing (EP&L software), and 2. Authorize the City Manager to execute Amendment No. 1 to the 2016 License and Services Agreement with Tyler Technologies, Inc.
Items Removed from the Consent Calendar
5. Planning Agency
The Planning Agency is called to order only if there are items scheduled to be presented to the Planning Agency.
6. City Council Public Hearings
6.1 Public Hearing on 2025 Weed, Rubbish, and Refuse Abatement Recommendation: That the City Council:
1. Conduct a public hearing, receive and consider all objections; and
2. Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, issuing an abatement order and authorizing the Public Works Director to commence enforcing weed, rubbish, and refuse abatement against specified parcels of land."
7. Administrative Reports
7.1 City Manager
7.1.1 Consideration of Actions Related to City Council Office Relocation and Use of Suite 255
Recommendation: That the City Council:
1. Motion to reconsider relocation of the City Council office from Suite 300 to Suite 255;
2. Terminate the License Agreement with the Laguna Hills Chamber of Commerce for Suite 255, with a 30-day termination effective June 12, 2025;
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
7 3. Approve a new 5-year lease with Kapri, Inc. for Suite 255; and
4. Provide direction to staff regarding a preferred alternative location for the City Council office.
7.2 Assistant City Manager
7.2.1 City Council Chamber Audio/Visual Upgrades
Recommendation: That the City Council discuss and provide direction to City staff.
8. Matters Agendized and Presented by City Council Members
8.1 Consideration of Proposed City Council Policies titled: 1. Annual Joint Meeting of City Council and Appointed Commissions Policy; 2. Charge and Establishment of a Beautification Commission; 3. Unauthorized Communication Regarding Potential Litigation; and 4. Community Events Policy.
Recommendation: Council Member Mathis and Mayor Pro Tempore Caskey recommend that the City Council direct staff to prepare the policies and agendize for final approval at the May 27, 2025 meeting.
9. City Council Member Committee Reports
9.1 Committee Assignment Report
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.
10. City Council Member Comments
Adjournment
The next Regular Meeting of the City Council/Planning Agency will be May 27, 2025, at 6:00p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, May 13, 2025
8 CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by May 9, 2025, at 6:00p.m.
It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please contact the office of the City Clerk at (949) 707 2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours. In addition, such writings or documents will be made available for public review on the City’s website at: https://www.lagunahillsca.gov/supplementalagenda and at the respective public meeting.
City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.
Item No. 1.2
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Certificate of Recognition for Laguna Hills High School Student Liaison Parsa Kaveh and Alternate Student Liaison Forrest Frey
Recommendation: That Mayor Sweeney present Certificates of Recognitions to Parsa Kaveh and Forrest Frey recognizing their service as a Laguna Hills High School Student Liaisons.
Background:
The City of Laguna Hills and the Laguna Hills High School PTSA established a Student Liaison Program in 1993. Parsa Kaveh and Forrest Frey have served as Student Liaisons with distinction, and it is in order to recognize their service.
Fiscal Impact:
There is no fiscal impact associated with this item.
Attachments:
1. Certificates of Recognition for Student Liaisons
CITY OF LAGUNA HILLS
CERTIFICATE OF RECOGNITION
PARSAKAVEH
Laguna Hills High School
Student Liaison
February 11, 2025 through May 13, 2025
WHEREAS, the City of Laguna Hills and Laguna Hills High School established a Student Liaison Program to create a direct link between the School and the City Council; and
WHEREAS, Parsa Kaveh was appointed to serve as the Student Liaison to the City Council and took the Oath of Office on January 28, 2025; and WHEREAS, Parsa Kaveh has served as the Student Liaison with dedication and distinction, setting a fine example for those students who will serve in the future.
NOW, THEREFORE, I, Joshua Sweeney, Mayor, on behalf of the City Council of the City of Lagu,:ia Hills, California, do hereby recognize Parsa Kaveh for their service to the City as Student Liaison to the City CounciL Dated this 13th day of May 2025.
JOSHUA SWEENEY, MAYOR
CITY OF LAGUNA HILLS
CERTIFICATE OF RECOGNITION
FORREST FREY
Laguna Hills High School
Alternate Student Liaison
February 11, 2025 through May 13, 2025
WHEREAS, the City of Laguna Hills and Laguna Hills High School established a Student Liaison Program to create a direct link between the School and the City Council; and
WHEREAS, Forrest Frey was appointed to serve as the Student Liaison to the City Council and took the Oath of Office on August 27, 2024; and WHEREAS, Forrest Frey has served as the Alternate Student Liaison with dedication and distinction, setting a fine example for those students who will serve in the future.
NOW, THEREFORE, I, Joshua Sweeney, Mayor, on behalf of the City Council of the Cfty of Laguna Hills, California, do hereby recognize Forrest Frey for t~ir service to the City as Student Liaison to the City CounciL Dated this 13th day of May 2025.
JOSHUA SWEENEY, MAYOR
Item No. 1.3
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Proclamation for Jewish American Heritage Month
Recommendation: That Mayor Sweeney present a Proclamation to the representative of the Jewish Community Action Network, declaring May 2025 as Jewish American Heritage Month.
Background:
The City received a request from the Jewish Community Action Network - Orange County to issue a proclamation declaring the Month of May as Jewish American Heritage Month. Staff recommends the City Council issue the Proclamation to be presented to Joshua Shaffer, Community Outreach Coordinator, at the May 13, 2025, City Council meeting.
Fiscal Impact:
There is no fiscal impact associated with this item.
Attachments:
1. Proclamation - Jewish American Heritage Month
Item No. 1.4
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Proclamation for Drowning Prevention Awareness
Recommendation: That the City Council issue a proclamation encouraging participation in the "Always Watch the Water" and "Never Swim Alone" campaigns by highlighting May through August as a "Drowning Prevention Awareness" period and present the proclamation to Michael Summers, Division Chief, Orange County Fire Authority.
Background:
The City received a request from the Orange County Fire Authority (OCFA) to issue a proclamation declaring the City's participation in the "Always the Water" and "Never Swim Alone" campaigns from May through August. Staff recommends the City Council issue the proclamation to be presented to OCFA Division Chief Michael Summers at the May 13, 2025, City Councill meeting.
Fiscal Impact:
There is no fiscal impact associated with this item.
Attachments:
1. Proclamation- Drowning Prevention Awareness
Item No. 1.5
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Proclamation for Wildfire Awareness & Prevention Season Recommendation: That the City Council issue a proclamation declaring mid-summer to early-autumn 2025 as "Wildfire Awareness and Prevention Season" and that Mayor Sweeney present a proclamation to Michael Summers, Division Chief, Orange County Fire Authority.
Background:
The City received a request from the Orange County Fire Authority (OCFA) to issue a proclamation declaring mid-summer to early-autumn 2025 as "Wildfire Awareness and Prevention Season". Staff recommends the City Council issue the proclamation to be presented to OCFA Division Chief Michael Summers at the May 13, 2025, City Council meeting.
Fiscal Impact:
There is no fiscal impact associated with this item.
Attachments:
1. Proclamation-Wildfire Awareness & Prevention Season
CITY OF LAGUNA HILLS
PROCLAMATION
WILDFIRE AWARENESS & PREVENTION SEASON
MID-SUMMER - EARLY AUTUMN 2025
WHEREAS, in 2020, California experienced a record-breaking wildfire season with over 4 million acres burned across the state. In 2024, the state faced 8,024 wildfires that burned approximately 1,050,012 acres, reflecting a significant increase from the previous year; and
WHEREAS, the recent Wildfires in Los Angeles County, including the Eaton and Palisades fires in early January 2025, resulted in at least 29 fatalities and destroyed over 16,000 structures. The economic impact of these fires is proud, with estimated damaged and economic losses reaching up to $250 billion; and WHEREAS, extreme fires are a growing threat to public health and safety, to homes, to air quality and climate goals. Approximately, 25 percent of the state's population lives in high fire-risk areas. Sudden and intense wildfires may swiftly emerge, traversing vast distances and penetrating urban zones far from their origin, thereby detrimentally affecting public health and diminishing overall quality of life; and
WHEREAS, every citizen has a key role in preventing destructive wildfires from occurring. Public education and up-to-date regional emergency planning will be key to making our communities more resilient .to the impacts of wildfire and other extreme weather events. Orange County residents can learn about Ready, Set, Go! to prepare for wildfire seasen and help prevent loss of life and property at www.OCFA.orfVRSG; and '
NOW, THERE'FORE, I, Joshua s./veeney, Mayor, on behalf of the City Council of the City of Laguna Hills, California, do hereby proclaim the height of wildfire season beginning in mid-summer and running through early autumn as ''Wildfire Awareness and Prevention Season'! and encourages everyone to do their part to raise public awareness, take steps to protect our homes and businesses, and to prevent sparking a wildfire. One less spark means one less wildfire.
Dated this 13th day of May 2025
JOSHUA SWEENEY, MAYOR
Item No. 2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Kayle McDonald, Deputy City Clerk
Issue: Schedule of Future Events
Recommendation: That the Deputy City Clerk announce the upcoming meetings and events.
Meetings:
City Council/Planning Agency Regular Meetings
Tuesday, May 27th, 6:00 p.m., Laguna Hills Civic Center Council Chamber Tuesday, June 10th, 6:00 p.m., Laguna Hills Civic Center Council Chamber Events, Communication, Beautification Committee Meeting Wednesday, May 14th, 11:00 a.m., Laguna Hills Civic Center/Admin Conference Room Traffic Commission Meeting
Wednesday, May 21st, 6:00 p.m., Laguna Hills Civic Center Council Chamber Parks and Recreation Commission Special Meeting
Wednesday, May 28th, 6:00 p.m., Laguna Hills Civic Center Council Chamber Events:
Memorial Day Race
Monday, May 26th, 6:50 a.m. – 12:00 p.m., Laguna Hills Mall Excursion to the Cheech & RAM
Sunday, June 1st, 10 a.m. – 7:00 p.m., meet at Laguna Hills Community Center Shredding Event
Saturday, June 7th, 8:00 a.m. – 12:00 p.m., meet at Laguna Hills High School
Item No. 2.1
Excursion to the San Onofre Nuclear Generating Station (SONGS) Saturday, June 7th 7:45 a.m. – 12:00 p.m., meet at Laguna Hills Community Center Excursion to Upland Lemon Festival
Sunday, June 8th 10 a.m. – 8:00 p.m., meet at Laguna Hills Community Center Attachments:
1. Event Flyer(s)
Travel with us to Downtown Riverside for a visit to The Cheech Marin Center for Chicano Art & Culture. This 61,420-square-foot center houses hundreds of paintings, drawings, photographs, and sculptures by a wealth of accomplished artists. A public-private partnership between the Riverside Art Museum (RAM), the City of Riverside, and comedy duo Cheech & Chong's Cheech Marin - one of the world’s foremost collectors of Chicano art – “The Cheech” is the heart for Chicano art of all kinds. At your own leisure, explore neighboring RAM as well as The Mission Inn or eating at one of several restaurants in historic Downtown Riverside.
Participants meet at the Laguna Hills Community Center where City staff will provide transportation. No refunds or transfers for this event.
Class# 1679
6/1 10:00AM-7:00PM Sunday
Fee: Resident $20, Non-Resident $25
Like us on at www.facebook.com/lagunahillscc
To register or for more information, please call (949) 707-2680 or visit www.lagunahillsca.gov
Join us as we head to San Onofre for a docent-led tour of SONGS. The nuclear power plant is permanently closed and is now in the process of decommissioning. Tour is 1.5 miles long and includes walking and standing for long periods of time and changes in elevation. We will not go inside buildings.
Please wear closed toed and closed heeled shoes. No sandals or flip flops allowed. Participants must be at least 12 years old. Participants ages 12 – 17 must be accompanied by an adult. Adults must bring a valid government-issued identification card. Limited seating is available, and registration closes 4/17 prior to the tour due to background checks by the facility. Each member must also sign up individually and will have to show their email confirmation.
Participants meet at the Laguna Hills Community Center where City staff will provide transportation. No refunds or transfers for this event.
Class# 8009
6/7 7:45AM-12:00 PM Saturday
Fee: Resident $10, Non-Resident $15
To register or for more information, please call (949) 707-2680 or visit www.lagunahillsca.gov
Hop on the van, as we head to Historic Downtown Upland for the Upland Lemon Festival, a celebration of the city's citrus history and a local tradition since 1997. This town-wide affair includes live entertainment, activities, carnival rides, food, and vendors, all with a lemon theme. In 1893, the first lemon growers’ association formed in Upland. As late as the 1960s, California produced more lemons than Italy, the second largest producing nation in the world after the U.S. The lemon is a hybrid of citron and the bitter orange. The lemon’s sour flavor probably contributed largely to its status as secondary to the orange in popularity. Participants meet at the Laguna Hills Community Center where City staff will provide transportation to the trailhead. Call (949) 707-2680 for more information.
No refunds or transfers for this event.
*Registration begins May 13, 2025 Class# 1680
6/8 10:00AM-8:00PM Saturday
Fee: Resident $20, Non-Resident $25
Like us on at www.facebook.com/lagunahillscc
To register or for more information, please call (949) 707-2680 or visit www.lagunahillsca.gov
City of Laguna Hills
City Council
Special Meeting
Minutes
Tuesday, April 22, 2025
Call to Order
The meeting was called to order at 4:30 p.m. by Mayor Sweeney.
Roll Call of City Council Members
Present:
Mayor Joshua Sweeney
Mayor Pro Tempore Don Caskey
Council Member Erica Pezold, arrived at 4:37p.m.
Council Member Jared Mathis
Council Member Dave Wheeler
Absent:
Public Comments
There were no public comments on the special meeting item.
City Council Study Session Items
1 Proposed Clarington Park and Ridge Route Drive Bioswale Projects, and the Proposed Regional Stormwater Capital Improvement Program Recommendation: That the City Council discuss and provide direction to City staff.
Assistant City Manager Ames reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.
Amanda Carr, Deputy Director, OC Environmental Resources, OC Public Works, provided a PowerPoint presentation and responded to Council Member requests for additional information.
A motion to apply for the OCTA grant funding under Tier 1 Environmental Cleanup Program for the proposed bioswale at Clarington Park was moved by Mayor Pro Tempore Caskey and Council Member Pezold
Result: Passed
Yes 5, No 0, Abstained 0
City Council Special Meeting Minutes
Tuesday, April 22, 2025
2 Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council Member Pezold, Council Member Mathis, Council Member Wheeler
Nays: None
Abstain: None
Adjournment
There being no further business before the City Council at this session, Mayor Sweeney declared the meeting adjourned at 5:40 p.m.
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Joshua Sweeney, Mayor
Approved at meeting of May 13, 2025.
City of Laguna Hills
City Council / Planning Agency
Regular Meeting
Minutes
Tuesday, April 22, 2025
General Business Convening at 6:00 PM
Call to Order
The meeting was called to order at 6:00 p.m. by Mayor Sweeney.
Invocation: Council Member Pezold
Pledge of Allegiance: Council Member Wheeler
Roll Call of City Council Members
Present:
Mayor Joshua Sweeney
Mayor Pro Tempore Don Caskey
Council Member Erica Pezold
Council Member Jared Mathis
Council Member Dave Wheeler
Absent:
1. Presentations and Proclamations
1.1 Laguna Hills High School Student Liaison Report
The City Council received a report from Laguna Hills High School 2024 Spring Student Liaison Kyden Brown.
1.2 Certificate of Recognition for Laguna Hills High School Student Liaison Kyden Brown
Mayor Sweeney presented a Certificate of Recognition to Kyden Brown recognizing their service as a Laguna Hills High School Student Liaison.
1.3 Presentation from Southern California Gas Company
The City Council received a presentation from Juan Gonzalez, Public Affairs Manager and Jessi Davis, Energy and Environmental Affairs Manager for Southern California Gas Company.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
2 2. Schedule of Future Events
2.1 Schedule of Future Events
Deputy City Clerk McDonald announced the upcoming meetings and events.
3. Public Comments
There were no public comments on non-agendized items.
4. Consent Calendar
A motion to approve the balance of the Consent Calendar with Council Member Pezold removing Item No. 4.9 and Council Member Wheeler removing Item No. 4.10 and Item No. 4.11 was moved by Council Member Pezold, seconded by Council Member Wheeler.
Roll Call Vote Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council Member Pezold, Council Member Mathis, Council Member Wheeler
Nays: None
Abstain: None
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for April 8, 2025, 330pm Special Meeting Recommendation: That the City Council approve the City Council Minutes for the April 8, 2025, 330pm Special Meeting.
4.3 Approval of Minutes for April 8, 2025, 4pm Special Meeting Recommendation: That the City Council approve the City Council Minutes for the April 8, 2025, 4pm Special Meeting.
4.4 Approval of Minutes for April 8, 2025, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the April 8, 2025, Regular Meeting.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
3 4.5 Ratification of April 22, 2025 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from March 28, 2025, to April 10, 2025, in the amount of $2,374,782.69.
4.6 Treasurer's Investment Report for March 2025
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of March 2025.
4.7 Development Application Status Report
Recommendation: That the City Council receive and file the report.
4.8 Informal Bidding Ordinance Use Quarterly Report
Recommendation: That the City Council receive and file the report.
4.12 Rescindment of the Approval and Award of Work Order Agreement with Western Exterminator Company for Termite Fumigation at the Laguna Hills Civic Center
Recommendation: That the City Council rescind the approval and award of the Work Order Agreement with Western Exterminator Company for termite fumigation at the Laguna Hills Civic Center, awarded at the February 25, 2025, regular meeting.
4.13 Recommendation to Oppose Unless Amended: SB 16 (Blakespear) Homeless Housing Reporting Requirements
Recommendation: That the City Council adopt an “Oppose Unless Amended” position on SB 16 (Blakespear) and authorize the Mayor to transmit a letter to the appropriate legislative offices conveying the City’s position.
4.14 2025 Fourth of July Celebration Pre-Event Report and Fireworks Agreement Recommendation: That the City Council 1) Receive and file the 2025 Fourth of July Celebration pre-event report; and 2) Approve the Fireworks Display Agreement between Garden State Fireworks ("GSF") and the City of Laguna Hills for 2025 and authorize the City Manager to execute the Agreement.
4.15 2025 Memorial Day Nonprofit Beer Garden Partner
Recommendation: That the City Council approve the Parentis Foundation as the 2025 Memorial Day Nonprofit Beer Garden Partner.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
4 4.16 Opposition to AB 647 (Gonzalez) – Housing Development Approvals:
Residential Units
Recommendation: That the City Council adopt a position of opposition to AB 647 (Gonzalez) and direct staff to transmit a letter of opposition to the bill author, legislative committees, and relevant advocacy organizations.
Items Removed from the Consent Calendar
4.10 Purchase of Two Alternative Fuel Vehicles for Use at City Hall and for the Community Services Department Pursuant to Section 3-08.130 of the Laguna Hills Municipal Code
Recommendation: That the City Council: 1) Approve the purchase of two (2) alternative fuel vehicles pursuant to LHMC Sections 3-08.130 from the list of approved vehicles; 2) Authorize the appropriation of funds from the City’s AB 2766 Subvention Fund for the purchase of the approved vehicles; and 3) Authorize the City Manager to execute purchase agreements from dealers in order to procure the vehicles from the list of approved vehicles.
Council Member Wheeler removed Item No. 4.10 from the Consent Calendar to amend staff's recommendation.
A motion to approve staff's recommendation with the amendment to buy American was moved by Council Member Wheeler, seconded by Council Member Pezold.
Roll Call Vote Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council Member Pezold, Council Member Mathis, Council Member Wheeler
Nays: None
Abstain: None
4.9 Proposed Lease Agreement with Serenity Escrow, Inc., a California corporation, for 24031 El Toro Road, Suite 300, Laguna Hills, California Recommendation: That the City Council: 1) Approve the lease agreement with Serenity Escrow, Inc., a California corporation, for 24031 El Toro Road, Suite 300, 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.
Council Member Pezold removed Item No. 4.9 from the Consent Calendar to oppose the Item.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
5 A motion to approve staff's recommendation was moved by Council Member Mathis, seconded by Mayor Pro Tempore Caskey.
Roll Call Vote Result: Passed
Yes 4, No 1, Abstained 0
Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council Member Mathis, Council Member Wheeler
Nays: Council Member Pezold
Abstain: None
4.11 Side Street Stop Sign Installation on Sunburst Avenue at Largo Drive 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 Resolution No. 2025-04-22-1: "A Resolution of the City Council of the City of Laguna Hills, California, Designating the Intersection of Sunburst Avenue and Largo Drive as a Stop Intersection and Authorizing the Installation of a One-Way Side Street Stop Sign on Sunburst Avenue at Largo Drive.”
Council Member Wheeler removed Item No. 4.11 from the Consent Calendar to provide comments on the item.
At Mayor Sweeney's request, Traffic Commissioner Miller provided comments on the item and responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Council Member Pezold, seconded by Mayor Pro Tempore Caskey.
Roll Call Vote Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council Member Pezold, Council Member Mathis, Council Member Wheeler
Nays: None
Abstain: None
5. Planning Agency
There were no separate Planning Agency Business Items for this meeting.
6. City Council Public Hearings
There were no City Council public hearings.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
6 7. Administrative Reports
7.1 City Manager
7.1.1 Request by Merlone Geier Partners for Initiation of Proposed Major Project Modifications to the Village at Laguna Hills Development Agreement and Formation of Ad Hoc Committee
Recommendation: That the City Council:
1) Receive a presentation by Merlone Geier Partners regarding their request for initiation of Major Project Modifications to the Development Agreement for the Village at Laguna Hills Mixed-Use Project;
2) Review and provide direction to staff on whether to engage in negotiations with MGP Fund X Laguna Hills, LLC (“MGP”) regarding the proposed Major Project Modifications to the Development Agreement for the Village at Laguna Hills Mixed-Use Project; and
3) Consider the formation of an Ad Hoc Committee comprised solely of two members of the City Council (less than a quorum) to help facilitate the requested negotiations and to make recommendations to the City Council.
City Manager Hildenbrand provided introductory remarks on the item.
Jamas Gwilliam, Managing Director, Merlone-Geier Partners, provided a presentation on the item and responded to Council Member requests for information.
The following individual(s) provided public comments on Item No. 7.1.1:
Ahn Nguyen
Andy Saymour on behalf of the Higher Wages Lower Rent Alliance Matthew Johnson, a resident of Laguna Hills
Sophia Wigglesworth
Rona Henry, Chair, Welcoming Neighbors Home
City Attorney Simonian responded to Council Member requests for additional information.
A motion to continue the item to the June 24, 2025, regular meeting was moved by Mayor Sweeney, seconded by Council Member Mathis.
A substitute motion to continue the item to the September 23, 2025, regular meeting was moved by Council Member Wheeler, seconded by Council Member Pezold.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
7 The main motion was amended by Mayor Sweeney and Council Member Mathis to direct staff to engage in negotiations with Merlone Geier Partners Fund X Laguna Hills, LLC and to form an Ad Hoc Committee consisting of Mayor Pro Tempore Caskey and Council Member Mathis.
Mayor Sweeney called for a roll call vote on the substitute motion.
A motion to continue the Item to the September 23, 2025, regular meeting was moved by Council Member Wheeler, seconded by Council Member Pezold.
Roll Call Vote Result: Failed
Yes 2, No 3, Abstained 0
Ayes: Council Member Pezold, Council Member Wheeler
Nays: Mayor Sweeney, Mayor Pro Tempore Caskey, Council
Member Mathis
Abstain: None
City Attorney Simonian responded to Council Member requests for additional information.
Mayor Sweeney called for a roll call vote on the amended main motion.
A motion to direct staff to engage in negotiations with Merlone Geier Partners Fund X Laguna hills, LLC and to form an Ad Hoc Committee consisting of Mayor Pro Tempore Caskey and Council Member Mathis was moved by Mayor Sweeney, seconded by Council Member Mathis.
Roll Call Vote Result: Passed
Yes 3, No 2, Abstained 0
Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council
Member Mathis
Nays: Council Member Pezold, Council Member Wheeler
Abstain: None
7.1.2 License Agreement for Suite 255 – Termination or Shared Use Policy Recommendation: That the City Council provide direction to staff regarding either of the following:
1) Terminating the License Agreement with the Chamber of Commerce and proceeding with converting Suite 255 into City Council office space; or 2) Adopting a proposed shared use policy that allows both the City Council and the Chamber to utilize Suite 255 on designated days.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
8 City Manager Hildenbrand reviewed the information provided in the staff report and responded to Council Member requests for additional information.
The following individual(s) provided public comments on Item No. 7.1.2:
Christina Kennedy, President & CEO, Laguna Hills Chamber of Commerce City Attorney Simonian responded to Council Member requests for additional information.
A motion to continue the item to the May 13, 2025, regular meeting was moved by Council Member Mathis, seconded by Mayor Sweeney.
Roll Call Vote Result: Passed
Yes 4, No 1, Abstained 0
Ayes: Mayor Sweeney, Mayor Pro Tempore Caskey, Council
Member Pezold, Council Member Mathis
Nays: Council Member Wheeler
Abstain: None
8. Matters Agendized and Presented by City Council Members There were no matters agendized by City Council Members.
9. City Council Member Committee Reports
9.1 Committee Assignment Report
The City Council received reports from City Council Members on the City Council Committee Assignments listed in the staff report.
10. City Council Member Comments
Mayor Pro Tempore Caskey
Mayor Pro Tempore Caskey indicated that he received requests from constituents for the City to look into parking enforcement to allow street sweeping and requested to direct the Traffic Commission to review the issue and report their findings back to the City Council, receiving a second from Mayor Sweeney.
Council Member Pezold
Council Member Pezold requested that the previously approved creation of a business recognition program be referred to the Events, Communication, and Beautification Committee with input from the Chamber of Commerce and received a second from Mayor Pro Tempore Caskey.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, April 22, 2025
9 Adjournment
There being no further business before the City Council at this session, Mayor Sweeney declared the meeting adjourned at 8:22 p.m.
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Joshua Sweeney, Mayor
Approved at meeting of May 13, 2025.
City of Laguna Hills
City Council
Special Meeting
Minutes
Tuesday, April 29, 2025
Call to Order
The meeting was called to order at 2:00 p.m. by Mayor Sweeney.
Roll Call of City Council Members
Present:
Mayor Joshua Sweeney
Mayor Pro Tempore Don Caskey
Council Member Jared Mathis
Council Member Dave Wheeler
Absent:
Council Member Erica Pezold
Public Comments
There were no public comments on the special meeting items.
Announcement of Closed Session Item(s)
A. Conference with Labor Negotiators
Pursuant to California Government Code Section 54957.6(a) City Designated Representative: Eric Hendrickson, Finance Director Employee Organization: Laguna Hills City Employee Association, City Employee Organization
Adjourn to City Council Conference Room or City Council Chamber Convene into Closed Session
The City Council convened into closed session to consider the matter listed above.
Reconvene to City Council Chamber
The City Council reconvened the City Council Meeting at 2:48 p.m. All Council Members were present in Chamber with the exception of Council Member Pezold.
Closed Session Report
Pursuant to California Government Code Section 54957.6(a).
City Designated Representative: Eric Hendrickson, Finance Director Employee Organization: Laguna Hills City Employee Association, City Employee Organization
City Council Special Meeting Minutes
Tuesday, April 29, 2025
2 City Attorney Simonian stated that the City Council convened into closed session pursuant to the authorities listed on the Agenda with no reportable action taken.
City Council Workshop Items
1 Budget Study Session
Recommendation: That the City Council review, discuss, and provide direction on the draft biennial budget.
Finance Director Hendrickson reviewed the information provided in the staff report, provided a PowerPoint presentation and responded to Council Member requests for additional information.
City staff responded to Council Member requests for additional information.
Adjournment
There being no further business before the City Council at this session, Mayor Sweeney declared the meeting adjourned at 5:07 p.m.
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Joshua Sweeney, Mayor
Approved at meeting of May 13, 2025.
Item No. 4.5
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Ratification of May 13, 2025 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from April 11, 2025, to May 1, 2025, in the amount of $2,198,570.06.
Background:
The City issues accounts payable disbursements on a regular basis and presents it to the City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from April 11, 2025, to May 1, 2025, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.
Fiscal Impact:
Ratification of the accompanying Warrant Register includes disbursements totaling $2,198,570.06.
Attachments:
1. Warrant Register - May 13, 2025
2. Payables Detail Report - May 13, 2025
4994 A-0388 ABTECH TECHNOLOGIES, INC. 04/17/2025 8,580.48 Payment Type: Regular
Warrant Register - May 13, 2025
City of Laguna Hills, CA By Check Number
Date Range: 04/11/2025 - 05/01/2025
Check Number Vendor Number Vendor Name Payment Date Payment Amount 4995 A-0377 ACTION WELDING CORP 04/17/2025 1,475.00
4996 A-0398 ALL TIDES BACKFLOW 04/17/2025 7,682.00
4997 A-0365 AT&T 04/17/2025 398.51
4998 B-0438 BC TRAFFIC SPECIALIST 04/17/2025 587.09
4999 B-0304 BEE MAN, THE 04/17/2025 370.00
5000 B-0440 BUCKNAM INFRASTRUCTURE GROUP, INC. 04/17/2025 1,360.00 5001 C-1190 COUNTY OF ORANGE 04/17/2025 913.00
5002 C-1191 COUNTY OF ORANGE 04/17/2025 6,184.62
5003 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 04/17/2025 24,624.12 5004 D-0583 DMS FACILITY SERVICES, LLC 04/17/2025 217,295.79 5005 E-0554 ECONOMICS, INC. 04/17/2025 21,650.85
5006 E-0504 EL TORO WATER DISTRICT 04/17/2025 13,315.15 5007 G-0873 GAIL MATERIALS 04/17/2025 8,371.12
5008 G-0868 GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP 04/17/2025 3,150.00 5009 H-0829 HARTZOG AND CRABILL, INC. 04/17/2025 5,366.25 5010 G-0571 HOLLAND GANNON 04/17/2025 276.34
5011 I-0902 INT'L INST. OF MUNICIPAL CLERK 04/17/2025 235.00 5012 I-0942 IRVINE RANCH WATER DISTRICT 04/17/2025 255.63 5013 J-1057 JAMEY CLARK, INC. 04/17/2025 16,019.33
5014 Z-CS-0504 LETICIA JAIMES 04/17/2025 500.00
5015 L-1397 LYONS SECURITY SERVICE, INC. 04/17/2025 750.00 5016 M-1486 MAIN GRAPHICS 04/17/2025 555.05
5017 M-1590 MILLENNIUM ALARM SYSTEMS, INC. 04/17/2025 1,955.00 5018 M-1302 MOULTON NIGUEL WATER DISTRICT 04/17/2025 5,504.14 5019 N-1496 NOTIFICATIONMAPS.COM, LLC 04/17/2025 7,198.68 5020 O-1616 OLSON SUPERIOR PLUMBING 04/17/2025 10,800.00 5021 P-1839 PAPER DEPOT 04/17/2025 60.00
5022 R-1994 RAMON TOTAL ROOFING 04/17/2025 5,200.00
5023 R-1977 RJ ELECTRIC 04/17/2025 1,870.00
5024 R-1806 RJM DESIGN GROUP, INC. 04/17/2025 26,356.85 5025 S-2319 SCA OF CA, LLC 04/17/2025 14,661.34
5026 S-2267 SINTA DESIGN 04/17/2025 1,907.50
5027 S-1904 SOUTHERN CALIFORNIA EDISON 04/17/2025 5,618.83 5028 S-1904 SOUTHERN CALIFORNIA EDISON 04/17/2025 14,434.65 5029 O-1575 SOUTHERN CALIFORNIA NEWS GROUP 04/17/2025 359.17 5030 S-2295 SOUTHERN COMPUTER WAREHOUSE 04/17/2025 617.98 5031 S-1980 STATE DEPARTMENT OF JUSTICE ACCOUNTING OFFICE 04/17/2025 64.00 5032 T-2042 TRAUMA INTERVENTION PROGRAMS, INC 04/17/2025 910.25 5033 U-2165 UNDERGROUND SERVICE ALERT OF SO CALIFORNIA 04/17/2025 164.70 5034 W-2451 W.G. ZIMMERMAN ENGINEERING, INC. 04/17/2025 5,314.00 5035 W-2337 WEST COAST ARBORISTS, INC. 04/17/2025 22,200.38 5036 W-2452 WSP USA ENVIRONMENT AND INFRASTRUCTURE INC 04/17/2025 18,179.30 5037 A-0376 ABLE BUILDING MAINTENANCE 04/24/2025 280.00 5038 A-0138 ALL CITY MANAGEMENT, INC. 04/24/2025 8,999.20 5039 Z-CD-0498 ANDREW BOWMAN 04/24/2025 100.00
5040 C-1096 CODE PUBLISHING COMPANY, INC. 04/24/2025 113.00 5041 S-2315 GEORGIA SHEPHERD 04/24/2025 438.44
5/6/2025 11:03:16 AM
H-0965 HARDY & HARPER, INC. 04/24/2025 1,613,560.89
5045 M-1486 MAIN GRAPHICS 04/24/2025 91.13
5046 M-1302 MOULTON NIGUEL WATER DISTRICT 04/24/2025 308.23 5042 S-2316 GEORGIA SHEPHERD 04/24/2025 221.83
5043 G-0871 GOVERNMENT CONSULTING PARTNERS 04/24/2025 6,980.00 5044
Warrant Register - May 13, 2025 Date Range: 04/11/2025 - 05/01/2025 Check Number Vendor Number Vendor Name Payment Date Payment Amount 5047 O-1546 OFFICE SOLUTIONS 04/24/2025 244.75
5048 Z-PS-0044 RUBEN CRUZ ESPINOZA 04/24/2025 57.00
5048 Z-PS-0044 RUBEN CRUZ ESPINOZA 05/01/2025 (57.00)
Total Regular: 2,153,477.85
5049 S-1902 SAN DIEGO GAS AND ELECTRIC 04/24/2025 38,632.78 5050 S-2095 STONE IMAGERY 04/24/2025 215.50
5/6/2025 11:03:16 AM Page 2 of 4
Warrant Register - May 13, 2025 Date Range: 04/11/2025 - 05/01/2025 Check Number Vendor Number Vendor Name Payment Date Payment Amount Payment Type: Bank Draft
DFT0003094 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 04/24/2025 7,740.00 DFT0003101 U-2170 US BANK CORPORATE PAYMENT SYSTEMS 04/21/2025 37,352.21 Total Bank Draft: 45,092.21
Bank Code 1 - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 90 57 0.00 2,153,534.85
Manual Checks 0 0 0.00 0.00
Voided Checks 0 1 0.00 (57.00)
Bank Drafts 17 2 0.00 45,092.21
EFT's 0 0 0.00 0.00
107 60 0.00 2,198,570.06
5/6/2025 11:03:16 AM Page 3 of 4
Warrant Register - May 13, 2025 Date Range: 04/11/2025 - 05/01/2025 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
0.00 45,092.21
Regular Checks 90 57 0.00 2,153,534.85
Manual Checks 0 0 0.00 0.00
5/6/2025 11:03:16 AM Page 4 of 4
Fund Summary
Fund Name Period Amount
998 Pooled Cash & Investments 4/2025 2,198,627.06
EFT's 0
2,198,570.06
998 Pooled Cash & Investments 5/2025 (57.00)
0 0.00 0.00
107 60 0.00 2,198,570.06
Voided Checks 0 1 0.00 (57.00)
Bank Drafts 17 2
Amount
04/17/2025 JAMEY CLARK, INC. 76130 Playground Inspections, Public Works, Jan '25
100-355-720701 5,750.00
04/17/2025 JAMEY CLARK, INC. 76153 Graffiti Removal, Public Works, Mar '25
100-355-720500 1,816.65
5/6/2025 11:04:13 AM Page 1 of 11
04/17/2025 RJ ELECTRIC 63754 Electric Repairs, Apr '25 100-355-720401 1,410.00 04/17/2025 MILLENNIUM ALARM SYSTEMS, INC. 6523 Skate Park Camera Repairs, Apr '25 100-195-646000 1,955.00 04/17/2025 JAMEY CLARK, INC. 76127 Park Repairs, Mar '25 100-355-720701 286.50 04/17/2025 CROSSTOWN ELECTRICAL AND DATA,
INC.
5518 - 5602 Traffic Signal Maintenance, Mar '25 100-356-720420 20,979.42 04/17/2025 TRAUMA INTERVENTION
PROGRAMS, INC
5601 Community Program, TIP, 4/1/25 -
6/30/25
100-420-720821 910.25
04/17/2025 RJ ELECTRIC 63746 Electric Repairs, Mar '25 100-355-720401 460.00 04/17/2025 LYONS SECURITY SERVICE, INC. 38695 Event Security, Permit #3617, 100-310-690501 300.00 04/17/2025 WSP USA ENVIRONMENT AND
INFRASTRUCTURE INC
40176408 Professional Services, NPDES Support,
Mar '25
100-355-700000 18,179.30
04/17/2025 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-25-003 Traffic Signal Maintenance, Mar '25 100-356-720420 3,644.70 04/17/2025 GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP
304253 Professional Services Legal, Mar '25 100-155-700011 3,150.00 04/17/2025 BUCKNAM INFRASTRUCTURE
GROUP, INC.
361-04.01 City Engineer Services, Mar '25 100-355-700250 1,360.00 04/17/2025 LYONS SECURITY SERVICE, INC. 38694 Event Security, Permit #3314, 100-310-690501 450.00 04/17/2025 ABTECH TECHNOLOGIES, INC. 2501050-IN Hard Drive, Mar '25 100-195-621000 180.48 04/17/2025 W.G. ZIMMERMAN ENGINEERING, 25-03-723 On-Call Engineering Services, Mar '25 100-355-700100 5,314.00 04/17/2025 RAMON TOTAL ROOFING 25-1055 Torch Down Patches, CIP #513, Mar '25
100-000-790600 5,200.00
04/17/2025 ACTION WELDING CORP 17763 Parks Contract Repair, Jan '25 100-355-720701 1,475.00 04/17/2025 WEST COAST ARBORISTS, INC. 226836 Tree Trimming Services, 3/1/25 - 3/15/25
100-355-720702 22,200.38
04/17/2025 HARTZOG AND CRABILL, INC. 25-0079(HCI#3502) Traffic Signal Mgmt Services, Feb '25 100-356-700101 5,366.25 04/17/2025 BEE MAN, THE 133665 Bee Removal, Mar '25 100-355-720701 185.00 04/17/2025 BEE MAN, THE 133791 Bee Removal, Apr '25 100-355-720701 185.00 04/17/2025 MAIN GRAPHICS 163806 Envelopes, Apr '25 100-195-623000 555.05 04/17/2025 NOTIFICATIONMAPS.COM, LLC 105976876 Printing & Mailing of Prop 218 Notice 100-195-625000 7,198.68 04/17/2025 GAIL MATERIALS 1322 Infield Mix, Baseball Field, Apr '25 100-355-720700 6,278.34 04/17/2025 GAIL MATERIALS 1329 Infield Mix, Baseball Field, Apr '25 100-355-720700 2,092.78 04/17/2025 HOLLAND GANNON 041025 Travel Reimbursement, CAPIO Conference, 4/1-4/4/25
100-310-611000 276.34
04/17/2025 EL TORO WATER DISTRICT 041625 Water Usage, Public Works, Feb '25 100-355-635000 10,247.58 04/17/2025 OLSON SUPERIOR PLUMBING 10072 Plumbing Services, CIP #505, Mar '25 100-000-790600 10,800.00 04/17/2025 SOUTHERN CALIFORNIA EDISON 040325 - Acct #700162476559 Utilities - Electric, 3/1/25 - 3/31/25 100-356-631900 4,167.27 04/17/2025 SOUTHERN CALIFORNIA EDISON 040425 - Acct #700234509668 Utilities - Electric - 1/30/25 - 3/31/25 100-355-631000 742.85 04/17/2025 SOUTHERN CALIFORNIA EDISON 040425 - Acct #700234509668 Utilities - Electric - 1/30/25 - 3/31/25 100-356-631400 13,691.80 04/17/2025 INT'L INST. OF MUNICIPAL CLERK 040325 Membership, Deputy City Clerk, 7/1/25 - 6/30/26
100-000-140000 235.00
04/17/2025 SOUTHERN CALIFORNIA EDISON 040325 - Acct #700162476559 Utilities - Electric, 2/20/25 - 3/31/25 100-355-631000 108.80 04/17/2025 SOUTHERN CALIFORNIA EDISON 040325 - Acct #700162476559 Utilities - Electric, 2/20/25 - 3/31/25 100-356-631400 1,342.76 04/17/2025 SOUTHERN CALIFORNIA NEWS 0011721989 Legal Advertising, Mar '25 100-155-624001 359.17 04/17/2025 MOULTON NIGUEL WATER DISTRICT 032725 Utilities - Water, 2/25/25 - 3/24/25 100-355-635000 5,504.14 04/17/2025 IRVINE RANCH WATER DISTRICT 040225 Utilities - Water, 3/1/25 - 4/1/25 100-355-635000 255.63 04/17/2025 AT&T 000023294232 Alarm, City Hall Lines, 3/7/25 - 4/6/25 100-195-630000 212.23 04/17/2025 AT&T 000023294232 Alarm, Com Ctr Lines, 3/7/25 - 4/6/25 100-310-630100 154.63 04/17/2025 EL TORO WATER DISTRICT 0001140 Capital Facilities Fees, CIP #505 100-000-790600 3,067.57 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 04/11/2025 - 05/01/2025
Payment Date Vendor Name Payable Number Description (Item) Account Number Fund: 100 - General Fund
04/17/2025 AT&T 000023288654 Traffic Signal, 3/6/25 - 4/5/25 100-356-630000 31.65
Amount
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2829) 04.07.25 ChatGPT Subscription, 4/3/25 - 100-155-626000 20.00 5/6/2025 11:04:13 AM Page 2 of 11
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2811) 04.07.25 Intelius 100-225-626000 4.99
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2811) 04.07.25 Intelius 100-225-626000 4.99
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2811) 04.07.25 DAWGS Vacant Property Security 100-225-700000 455.18 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2811) 04.07.25 Chevron 100-225-613100 157.20
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2811) 04.07.25 Intelius 100-225-626000 24.86
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2811) 04.07.25 Intelius 100-225-626000 4.99
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 04.07.25 Juuno Group Pty LTD, 3/14/25 -
4/14/25
100-310-626000 5.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 04.07.25 GoDaddy.com 100-310-695507 44.34 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 04.07.25 Dunkin Donuts 100-310-695511 60.27 04/17/2025 ABTECH TECHNOLOGIES, INC. W205898-IN Computer Consulting Services, Apr 100-195-700090 8,400.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 04.07.25 Southwest Airlines 100-310-611000 192.97 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (0629) 04.07.25 CA Dept of ABC, RBS Server Training 100-310-611000 3.00 04/17/2025 DMS FACILITY SERVICES, LLC STL-002287 Landscape Services, Feb '25 100-355-720700 283.11 04/17/2025 DMS FACILITY SERVICES, LLC STL-002288 Landscape Services, Feb '25 100-355-720700 179.13 04/17/2025 DMS FACILITY SERVICES, LLC STL-002289 Landscape Services, Mar '25 100-355-720700 270.00 04/17/2025 DMS FACILITY SERVICES, LLC STL-002284 Landscape Services, Mar '25 100-355-720700 185.85 04/17/2025 DMS FACILITY SERVICES, LLC STL-002285 Landscape Services, Mar '25 100-355-720700 279.91 04/17/2025 DMS FACILITY SERVICES, LLC STL-002286 Landscape Services, Mar '25 100-355-720700 334.10 04/17/2025 DMS FACILITY SERVICES, LLC STL-002281 Landscape Services, Mar '25 100-355-720700 334.10 04/17/2025 DMS FACILITY SERVICES, LLC STL-002282 Landscape Services, Mar '25 100-355-720700 96.24 04/17/2025 DMS FACILITY SERVICES, LLC STL-002283 Landscape Services, Feb '25 100-355-720700 185.85 04/17/2025 COUNTY OF ORANGE SH 71192 Fingerprint ID System Charges, Mar 100-420-720835 913.00 04/17/2025 COUNTY OF ORANGE STCS002722 Communications Charges, 4/1/25 - 6/30/25
100-420-646000 6,184.62
04/17/2025 DMS FACILITY SERVICES, LLC STL-002252 Landscape Services, Mar '25 100-355-720700 7,167.50 04/17/2025 SINTA DESIGN lhhm_041025 1/2 Marathon Expense, 11/1/24 - 4/30/25
100-310-695507 1,907.50
04/17/2025 DMS FACILITY SERVICES, LLC RC-T001647 Landscape Services, Nov '24 100-355-720700 103,990.00 04/17/2025 DMS FACILITY SERVICES, LLC RC-T002987 Landscape Services, Mar '25 100-355-720700 103,990.00 04/17/2025 ALL TIDES BACKFLOW 996 Backflow Repairs, Apr '25 100-355-720700 7,682.00 04/17/2025 PAPER DEPOT IN21454-8483 Destruction Bin, Apr '25 100-155-700030 60.00 04/17/2025 SOUTHERN COMPUTER WAREHOUSE INV00835221 Visio LTSC Standard, Mar '25 100-195-940000 617.98 04/17/2025 JAMEY CLARK, INC. 76211 Park Repairs, Public Works, Apr '25 100-355-720701 573.00 04/17/2025 STATE DEPARTMENT OF JUSTICE
ACCOUNTING OFFICE
808106 Pre-employment Fingerprinting, Mar
'25
100-195-617000 64.00
04/17/2025 LETICIA JAIMES 85010436 Refund, Facility Deposit, R #84453638 100-000-222000 500.00 04/17/2025 JAMEY CLARK, INC. 76190 Graffiti Removal, Public Works, Apr 100-355-720500 744.00 04/17/2025 JAMEY CLARK, INC. 76193 Graffiti Removal, Public Works, Mar '25
100-355-720500 585.00
04/17/2025 JAMEY CLARK, INC. 76205 Suite 205 Renovation, CIP #505, Apr '25
100-000-790600 3,396.61
04/17/2025 JAMEY CLARK, INC. 76181 Park Repairs, Public Works, Mar '25 100-355-720701 764.00 04/17/2025 JAMEY CLARK, INC. 76188 Graffiti Removal, Public Works, Mar '25
100-355-720500 697.50
04/17/2025 JAMEY CLARK, INC. 76189 Graffiti Removal, Public Works, Mar '25
100-355-720500 355.57
Payment Date Vendor Name Payable Number Description (Item) Account Number 04/17/2025 JAMEY CLARK, INC. 76154 Graffiti Removal, Public Works, Mar '25
100-355-720500 573.00
04/17/2025 JAMEY CLARK, INC. 76171 Park Repairs, Public Works, Mar '25 100-355-720701 477.50 Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025
Amount
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-155-622000 9.69
5/6/2025 11:04:13 AM Page 3 of 11
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 US Mayors, 1/1/25 - 6/30/25 100-155-610007 1,976.50 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Liebert Cassidy Whitmore 100-155-611000 150.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-155-620000 9.90
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3405) 04.07.25 Rodrigo's Mexican Grill 100-155-622000 87.69 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3405) 04.07.25 ChatGPT Subscription, 3/18/25 - 4/18/25
100-155-626000 20.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 US Mayors, 7/1/25 - 12/31/25 100-000-140000 1,976.50 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Smartlink 100-355-720700 570.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Home Depot 100-355-720701 18.29 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Home Depot 100-355-720701 64.59 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Devil Mountain Wholesale Nursery 100-310-695511 3,048.89 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Chevron 100-355-613100 144.35
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Chevron 100-355-613100 145.99
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Norman's Nursery 100-310-695511 1,069.19 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Devil Mountain Wholesale Nursery 100-310-695511 1,394.02 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Home Depot 100-310-695511 107.53 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Global Equipment Company Inc. 100-310-910500 2,056.86 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Home Depot 100-310-695511 390.68 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (3165) 04.07.25 Signarama 100-310-695511 468.72 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Valvoline Instant Oil Change 100-310-646100 245.36 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Valvoline Instant Oil Change 100-310-646100 138.72 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 All Star Glass 100-310-646100 99.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Kinney's Keys 100-310-645500 386.34 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Tuttle Click Ford Lincoln 100-310-646100 459.13 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Tuttle Click Ford Lincoln 100-310-646100 494.95 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Home Depot 100-310-645500 24.25 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Home Depot 100-310-645500 17.76 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Global Equipment Company Inc. 100-310-645500 298.22 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Ralphs 100-310-622005 48.76
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Home Depot 100-310-645500 18.30 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Home Depot 100-310-645500 38.73 Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (2837) 04.07.25 Exxon Circle K 100-310-613100 13.59
Amount
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 04.07.25 Ralphs 100-310-622005 52.14
5/6/2025 11:04:13 AM Page 4 of 11
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Ephonamation.com, Inc., 2/6/25 - 4/2/25
100-355-630000 429.86
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Ephonamation.com, Inc., 3/6/25 - 4/30/25
100-355-630000 406.16
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 04.07.25 Kira Alvarez Productions LLC, Deposit, 12/5/2025
100-000-140000 652.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Eventbrite, CEAOC 4/7/25 Meeting 100-355-611000 177.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 The Beverly Garland, League of Cities 100-355-611000 728.54 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Amazon 100-355-622000 24.23
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Microsoft, 4/6/25 - 5/5/25 100-195-940000 6.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Sheraton Universal Hotel, League of Cities
100-355-611000 31.47
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Sheraton Universal Hotel, League of Cities
100-355-611000 51.70
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Microsoft 365 100-195-940000 (1,100.00) 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Autodesk Inc., Civil 3D, 3/12/25 - 6/30/25
100-195-940000 926.67
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Microsoft 365, 3/26/25 - 6/30/25 100-195-940000 330.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Autodesk Inc., Civil 3D, 7/1/25 - 3/11/26
100-000-140000 1,853.33
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Microsoft, 7/1/25 - 3/25/26 100-000-140000 990.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5166) 04.07.25 Greek Bistro 100-155-611001 178.85 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-622000 17.23
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-355-720701 373.75
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 OC Sheriff's Advisory Council, Medal of Valor
100-420-695000 1,500.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-622000 32.28
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-622000 17.81
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-622000 17.23
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-622000 391.86
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Nespresso USA, Inc. 100-195-622000 252.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-622000 34.46
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Secure Live Scan 100-195-617000 70.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Secure Live Scan 100-195-617000 35.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-195-621000 19.93
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Flowerful 100-155-622000 87.50
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Home Depot 100-155-622000 182.10 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Greek Bistro 100-155-622000 446.09 Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (4849) 04.07.25 Amazon 100-155-622000 40.07
Amount
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 33.93
5/6/2025 11:04:13 AM Page 5 of 11
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Shell 100-310-613100 82.25
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 10.76
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 43.08
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Exxon Circle K 100-310-613100 48.90 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Exxon Circle K 100-310-613100 63.35 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Exxon Circle K 100-310-613100 63.47 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Maverik 100-310-613100 24.55
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Exxon Circle K 100-310-613100 85.70 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Exxon Circle K 100-310-613100 37.79 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 100-355-720401 3.18
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7941) 04.07.25 Government Finance Officers
Association
100-155-611000 50.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Vizual Symphony, 4/1/25 - 4/30/25 100-195-720050 1,040.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 100-355-720401 54.37 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 100-355-720401 117.35 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Amazon 100-355-720401 258.59
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Shell 100-355-646100 8.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 100-355-720401 (74.27) 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 100-355-720401 17.61 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Shell 100-355-613100 82.02
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 100-355-622000 5.89
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Shell 100-355-646100 8.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6615) 04.07.25 Staples 100-310-620500 90.49
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6615) 04.07.25 Ralphs 100-310-622005 8.61
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot, Suite 205, CIP #505 100-000-790600 44.11 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6615) 04.07.25 Exxon Circle K 100-310-613100 93.83 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6615) 04.07.25 Laguna Hills Launderland 100-310-620500 10.30 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6615) 04.07.25 Staples 100-310-620500 32.31
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 04.07.25 Krazy Eddy's Donuts & Bagels 100-310-695500 660.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 04.07.25 Ralphs 100-310-695511 7.99
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (6171) 04.07.25 City Clerks Association of California 100-155-611000 500.00 Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (5958) 04.07.25 Pure Imagination 100-310-695500 153.47
Amount
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Toll Roads of OC 100-420-646100 3.16 5/6/2025 11:04:13 AM Page 6 of 11
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon Prime 100-420-626000 16.15 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Toll Roads of OC 100-420-646100 3.16 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Toll Roads of OC 100-420-646100 3.16 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Aliso Coffee & Donut 100-420-622000 90.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 87.73
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 59.62
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Ralphs 100-420-622000 21.90
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 (339.67)
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 56.64
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 755.76
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 325.49
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-622000 287.88
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Parking Company of the West LLC 100-310-695505 10.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Amazon 100-420-621000 32.31
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Terra Mia Pizzeria 100-420-622000 137.15 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 La Brea Tar Pits and Museum 100-310-695505 18.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Natural History Museum 100-310-695505 18.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Natural History Museum 100-310-695505 18.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-695500 626.36
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-695500 209.00
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 The Getty Parking 100-310-695505 25.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-695500 32.29
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-695500 86.17
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-695500 188.50
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 29.08
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-622500 29.08
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-622502 66.23
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 26.02
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 16.07
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 (43.08)
Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8097) 04.07.25 Amazon 100-310-620500 28.25
Amount
5/6/2025 11:04:13 AM Page 7 of 11
04/24/2025 ANDREW BOWMAN BLDR-0384-2024 (2) BLDR-0384-2024, C&D Refund, REC014031-2024100-000-227001 100.00 04/24/2025 CODE PUBLISHING COMPANY, INC. GCI0017355 Municipal Code Update, Apr '25 100-155-700030 113.00 04/24/2025 OFFICE SOLUTIONS I-02306529 Operating Supplies, Apr '25 100-195-622000 244.75 04/24/2025 HARDY & HARPER, INC. 51137 Pavement Rehabilitation, CIP #109, Retention
100-000-201001 (1,094.50)
04/24/2025 HARDY & HARPER, INC. 51137 Pavement Rehabilitation, CIP #104, Retention
100-000-201001 (83,829.76)
04/24/2025 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5920 Private Security Patrol, 4/7/25 -
4/20/25
100-420-720850 7,740.00
04/24/2025 GOVERNMENT CONSULTING
PARTNERS
125 User Fee Analysis, Final Billing, Apr 100-155-700050 6,980.00 04/24/2025 MAIN GRAPHICS 163902 Letterhead, Apr '25 100-155-623000 91.13 04/24/2025 STONE IMAGERY 31018 Nameplates, Apr '25 100-155-623000 215.50 04/24/2025 GEORGIA SHEPHERD 042325 South OC City Engineers 100-355-611000 50.00 04/24/2025 GEORGIA SHEPHERD 042325 Operating Supplies, Police Services, Apr '25
100-420-622000 221.83
04/24/2025 ALL CITY MANAGEMENT, INC. 100486 Crossing Guard Services, 3/30/25 - 4/12/25
100-420-720822 8,999.20
04/24/2025 GEORGIA SHEPHERD 042325 Antelope Valley Poppy Reserve 100-310-695505 3.50 04/24/2025 GEORGIA SHEPHERD 042325 County of San Diego 100-310-695505 6.00 04/24/2025 GEORGIA SHEPHERD 042325 South OC City Engineers 100-355-611000 48.00 04/24/2025 GEORGIA SHEPHERD 042325 Sizzler 100-155-622000 19.92 04/24/2025 GEORGIA SHEPHERD 042325 Chick-fil-A 100-155-622000 15.03 04/24/2025 GEORGIA SHEPHERD 042325 Farmer Boys 100-155-622000 24.76 04/24/2025 GEORGIA SHEPHERD 042325 Farmer Boys 100-155-622000 24.11 04/24/2025 GEORGIA SHEPHERD 042325 Farmer Boys 100-155-622000 23.68 04/24/2025 GEORGIA SHEPHERD 042325 Sizzler 100-155-622000 19.92 04/24/2025 GEORGIA SHEPHERD 042325 Farmer Boys 100-155-622000 24.76 04/24/2025 GEORGIA SHEPHERD 042325 Farmer Boys 100-155-622000 24.76 04/24/2025 GEORGIA SHEPHERD 042325 Farmer Boys 100-155-622000 24.76 04/24/2025 GEORGIA SHEPHERD 042325 Staples 100-155-620000 21.54 04/24/2025 GEORGIA SHEPHERD 042325 Staples 100-155-620000 64.62 04/24/2025 GEORGIA SHEPHERD 042325 Staples 100-155-620000 43.08 04/24/2025 SAN DIEGO GAS AND ELECTRIC 041525 Utilities - Electric, 2/7/25 - 3/11/25 100-355-631000 10,730.52 04/24/2025 SAN DIEGO GAS AND ELECTRIC 041525 Utilities - Electric, 2/7/25 - 3/31/25 100-356-631400 16,035.68 04/24/2025 SAN DIEGO GAS AND ELECTRIC 041525 Utilities - Electric, 3/1/25 - 3/31/25 100-356-631900 738.23 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Microsoft 365 100-195-940000 6.00 04/24/2025 MOULTON NIGUEL WATER DISTRICT 041025 Utilities - Water, 3/25/25 - 4/1/25 100-355-635000 308.23 04/24/2025 SAN DIEGO GAS AND ELECTRIC 041525 Utilities - Electric, 2/7/25 - 3/11/25 100-310-631100 11,128.35 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Cox, T-1 Line City Hall, 3/5/25 - 100-195-630000 845.31 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Cox, Traffic Signal, 3/7/25 - 4/6/25 100-195-630000 84.00 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Cox, Cable City Hall, 3/10/25 - 4/9/25 100-195-630000 464.60 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Cox, WiFi City Hall, 3/19/25 - 4/18/25 100-195-630000 182.62 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Cox, T-1 Line, Comm Ctr, 3/17/25 - 4/16/25
100-195-630000 584.27
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Cox, WiFi Comm Ctr, 2/28/25 -
3/27/25
100-195-630000 654.77
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Toll Roads of OC 100-420-646100 3.46 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Toll Roads of OC 100-420-646100 3.16 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8740) 04.07.25 Best Buy 100-195-621000 80.44
Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (8151) 04.07.25 Toll Roads of OC 100-420-646100 7.54
Amount
04/17/2025 BC TRAFFIC SPECIALIST S022164 Pavement Rehabilitation Signage, CIP #104, Apr '25
600-251-950104 215.80
5/6/2025 11:04:13 AM Page 8 of 11
04/17/2025 BC TRAFFIC SPECIALIST S021720 Pavement Rehabilitation Signage, CIP #104, Mar '25
600-000-490211 (371.29)
04/17/2025 BC TRAFFIC SPECIALIST S021720 Pavement Rehabilitation Signage, CIP #104, Mar '25
600-251-950104 371.29
04/17/2025 BC TRAFFIC SPECIALIST S022164 Pavement Rehabilitation Signage, CIP #104, Apr '25
600-000-490211 (215.80)
04/17/2025 RJM DESIGN GROUP, INC. 37014 Veeh Ranch & San Remo Rehab, CIP #241, Mar '25
600-252-950241 13,923.80
04/17/2025 JAMEY CLARK, INC. 76205 Suite 205 Renovation, CIP #505, Apr '25
600-000-490100 (3,396.61)
04/17/2025 JAMEY CLARK, INC. 76205 Suite 205 Renovation, CIP #505, Apr '25
600-255-950505 3,396.61
04/17/2025 RJM DESIGN GROUP, INC. 37013 Cabot Park Rehabilitation, CIP #241, Mar '25
600-000-490311 (12,433.05)
04/17/2025 RJM DESIGN GROUP, INC. 37013 Cabot Park Rehabilitation, CIP #241, Mar '25
600-252-950241 12,433.05
04/17/2025 RJM DESIGN GROUP, INC. 37014 Veeh Ranch & San Remo Rehab, CIP #241, Mar '25
600-000-490311 (13,923.80)
04/17/2025 OLSON SUPERIOR PLUMBING 10072 Plumbing Services, CIP #505, Mar '25 600-255-950505 10,800.00 04/17/2025 RAMON TOTAL ROOFING 25-1055 Torch Down Patches, CIP #513, Mar '25
600-000-490100 (5,200.00)
04/17/2025 RAMON TOTAL ROOFING 25-1055 Torch Down Patches, CIP #513, Mar '25
600-255-950513 5,200.00
Fund 311 - Quimby Act Park In-Lieu Fee (VALH) Fund Total: 26,356.85 Fund: 600 - Capital Improvement Projects Fund
04/17/2025 EL TORO WATER DISTRICT 0001140 Capital Facilities Fees, CIP #505 600-000-490100 (3,067.57) 04/17/2025 EL TORO WATER DISTRICT 0001140 Capital Facilities Fees, CIP #505 600-255-950505 3,067.57 04/17/2025 OLSON SUPERIOR PLUMBING 10072 Plumbing Services, CIP #505, Mar '25 600-000-490100 (10,800.00) Fund: 309 - SB 1383 Grant Fund
04/17/2025 ECONOMICS, INC. 2024.9 CalRecycle Support, Mar '25 309-355-700000 10,314.17 Fund 309 - SB 1383 Grant Fund Total: 10,314.17
Fund: 311 - Quimby Act Park In-Lieu Fee (VALH) Fund
04/17/2025 RJM DESIGN GROUP, INC. 37013 Cabot Park Rehabilitation, CIP #241, Mar '25
311-000-790600 12,433.05
04/17/2025 RJM DESIGN GROUP, INC. 37014 Veeh Ranch & San Remo Rehab, CIP #241, Mar '25
311-000-790600 13,923.80
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 212-355-720400 12.87 Fund 212 - Measure M2 Fund Total: 15,052.95
Fund: 306 - Waste & Recycling Fee Fund
04/17/2025 ECONOMICS, INC. 2024.9 Professional Services, Recycling Program, Mar '25
306-355-700000 11,336.68
Fund 306 - Waste & Recycling Fee Fund Total: 11,336.68
04/17/2025 UNDERGROUND SERVICE ALERT OF
SO CALIFORNIA
320250398 Street Maintenance, Mar '25 212-355-720400 126.55 04/17/2025 SCA OF CA, LLC CA1001002 Street Sweeping Services, Mar '25 212-355-720410 14,661.34 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot 212-355-720400 214.04 Fund: 211 - Gas Tax (RMRA) Fund
04/17/2025 BC TRAFFIC SPECIALIST S021720 Pavement Rehabilitation Signage, CIP #104, Mar '25
211-000-790600 371.29
04/17/2025 BC TRAFFIC SPECIALIST S022164 Pavement Rehabilitation Signage, CIP #104, Apr '25
211-000-790600 215.80
Fund 211 - Gas Tax (RMRA) Fund Total: 587.09
Fund: 212 - Measure M2 Fund
04/17/2025 UNDERGROUND SERVICE ALERT OF
SO CALIFORNIA
24-253205 Street Maintenance, Mar '25 212-355-720400 38.15 Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/24/2025 ABLE BUILDING MAINTENANCE M1672170-IN Move Furniture, Mar '25 100-195-622000 280.00 Fund 100 - General Fund Total: 435,042.63
Amount
04/24/2025 HARDY & HARPER, INC. 51137 Pavement Rehabilitation, CIP #109, App #4
600-251-950109 21,890.00
Fund 600 - Capital Improvement Projects Fund Total: 1,699,879.69 Grand Total: 2,198,570.06
5/6/2025 11:04:13 AM Page 9 of 11
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Signarama Laguna Niguel, CIP #104 600-251-950104 808.71 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot, Suite 205, CIP #505 600-255-950505 44.11 04/24/2025 HARDY & HARPER, INC. 51137 Pavement Rehabilitation, CIP #104, App #4
600-251-950104 1,676,595.15
04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Dollar Tree, CIP #104 600-251-950104 15.09 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 The UPS Store, CIP #104 600-251-950104 7.09 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Signarama Laguna Niguel, CIP #104 600-251-950104 563.65 Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Payment Date Vendor Name Payable Number Description (Item) Account Number 04/21/2025 US BANK CORPORATE PAYMENT
SYSTEMS
CalCard (7241) 04.07.25 Home Depot, Suite 205, CIP #505 600-000-490100 (44.11)
100-310-695500 Special Events - Program Services 1,955.79 100-310-695505 Cultural Excursions 98.50
100-310-695507 Marathon 5k 1,951.84
100-310-695511 Rooted Volunteer Campaign 6,547.29
100-310-910500 Furniture & Equipment 2,056.86
5/6/2025 11:04:13 AM Page 10 of 11
100-310-626000 Subscriptions & Books 5.00
100-310-630100 Telephone & Communications - 154.63
100-310-631100 Utilities - Electric (Community 11,128.35 100-310-645500 Facility Maintenance & Repairs 783.60
100-310-646100 Vehicle Maintenance & Repairs 1,437.16
100-310-690501 Facility Rentals - 750.00
100-310-611000 Training & Education 472.31
100-310-613100 Vehicle Fuel 513.43
100-310-620500 Office Supplies - Community 277.21
100-310-622005 Operating Supplies - Community 109.51
100-310-622500 Supplies - Program Services 29.08
100-310-622502 Supplies - Adult Leagues 66.23
100-195-700090 Computer Consulting Services 8,400.00
100-195-720050 Contract Services - Software 1,040.00
100-195-940000 Computer Hardware & Software 786.65
100-225-613100 Vehicle Fuel 157.20
100-225-626000 Subscriptions & Books 39.83
100-225-700000 Professional Services - Building & 455.18 100-195-621000 Computer Supplies 280.85
100-195-622000 Operating Supplies 1,287.62
100-195-623000 Printing 555.05
100-195-625000 Postage & Delivery 7,198.68
100-195-630000 Telephone & Communications 3,027.80
100-195-646000 Equipment/Machinery 1,955.00
100-155-624001 Advertising - Legal 359.17
100-155-626000 Subscriptions & Books 40.00
100-155-700011 Legal Services - Litigation 3,150.00
100-155-700030 Professional Services - City Clerk 173.00 100-155-700050 Professional Services - Financial 6,980.00 100-195-617000 Recruitment 169.00
100-155-610007 Memberships - US Conference of 1,976.50
100-155-611000 Training & Education 700.00
100-155-611001 Staff Development & Team 178.85
100-155-620000 Office Supplies 139.14
100-155-622000 Operating Supplies 1,054.84
100-155-623000 Printing 306.63
Account Summary
Account Number Account Name Payment Amount
100-000-140000 Prepaid Items 5,706.83
100-000-201001 Accounts Payable - Retention (84,924.26) 100-000-222000 Refundable Deposits 500.00
100-000-227001 Security Deposit - Waste 100.00
100-000-790600 Transfers Out to Capital 22,508.29
Fund Payment Amount
100 - General Fund 435,042.63
211 - Gas Tax (RMRA) Fund 587.09
212 - Measure M2 Fund 15,052.95
306 - Waste & Recycling Fee Fund 11,336.68
309 - SB 1383 Grant Fund 10,314.17
311 - Quimby Act Park In-Lieu Fee (VALH) Fund 26,356.85 600 - Capital Improvement Projects Fund 1,699,879.69
Grand Total: 2,198,570.06
Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Report Summary
Fund Summary
**None** 2,198,570.06
Grand Total: 2,198,570.06
5/6/2025 11:04:13 AM Page 11 of 11
600-251-950109 La Paz Road Pavement Rehab 21,890.00
600-252-950241 General Park Renovations 26,356.85
600-255-950505 Civic Center Improvements 17,308.29
600-255-950513 Community Center Renovation 5,200.00
Grand Total: 2,198,570.06
Project Account Summary
Project Account Key Payment Amount
309-355-700000 Professional Services 10,314.17
311-000-790600 Transfers Out to Capital 26,356.85
600-000-490100 Transfers In from General Fund (22,508.29) 600-000-490211 Transfers In from Gas Tax (RMRA) (587.09) 600-000-490311 Transfers In from Quimby Act (26,356.85) 600-251-950104 Paseo De Valencia Pavement 1,678,576.78
100-420-720835 Fingerprint Identification Services 913.00 100-420-720850 Private Security Patrol 7,740.00
211-000-790600 Transfers Out to Capital 587.09
212-355-720400 Street Maintenance 391.61
212-355-720410 Street Sweeping 14,661.34
306-355-700000 Professional Services 11,336.68
100-420-626000 Subscriptions & Books 16.15
100-420-646000 Equipment/Machinery 6,184.62
100-420-646100 Vehicle Maintenance & Repairs 23.64
100-420-695000 Community Assistance & Public 1,500.00
100-420-720821 Trauma Intervention Program 910.25
100-420-720822 Crossing Guard Services 8,999.20
100-356-631400 MOE - Electric (Streetlights & 31,070.24 100-356-631900 MOE - Electric (On-Bill Financing) 4,905.50 100-356-700101 MOE - Traffic Engineer Services 5,366.25 100-356-720420 MOE - Traffic Signal Maintenance 24,624.12 100-420-621000 Computer Supplies 32.31
100-420-622000 Operating Supplies 1,704.33
100-355-720401 Other Public Works Maintenance 2,246.83
100-355-720500 Graffiti Removal 4,771.72
100-355-720700 Landscape Maintenance 233,918.91
100-355-720701 Parks Contract Repair 10,152.63
100-355-720702 Tree Maintenance 22,200.38
100-356-630000 MOE - Telephone & 31.65
100-355-631000 Utilities - Electric 11,582.17
100-355-635000 Utilities - Water 16,315.58
100-355-646100 Vehicle Maintenance & Repairs 16.00
100-355-700000 Professional Services 18,179.30
100-355-700100 City Engineer Services 5,314.00
100-355-700250 On-Call Engineer Services 1,360.00
Payables Detail Report Payment Dates: 04/11/2025 - 05/01/2025 Account Summary
Account Number Account Name Payment Amount
100-355-611000 Training & Education 1,086.71
100-355-613100 Vehicle Fuel 372.36
100-355-622000 Operating Supplies 30.12
100-355-630000 Telephone & Communications 836.02
Item No. 4.6
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Second Amendment to Waste Disposal Agreement with the County of Orange
Recommendation: That the City Council authorize the City Manager to execute the Second Amendment to the Waste Disposal Agreement (WDA) with the County of Orange, extending the term through June 30, 2026, and incorporating a 2.6% increase in disposal fees, consistent with the existing escalation formula.
Background:
The City is a party to the regional Waste Disposal Agreement (WDA) with the County of Orange, which governs solid waste disposal at County-operated landfills. In exchange for exclusively depositing covered waste at County landfills, participating cities and sanitary districts benefit from stable and below-market disposal rates. The current WDA was adopted in 2009 and previously amended to extend the term through June 30, 2025.
In January 2022, OC Waste & Recycling (OCW&R) informed cities of its intent to update the WDA to reflect evolving regulatory requirements, including mandates under Senate Bill 1383, which require jurisdictions to divert organic waste from landfills. On November 7, 2024, OCW&R presented a proposed successor agreement—referred to as the Waste Infrastructure System Enhancement (WISE) agreement—at the Orange County City Manager’s Summit.
The WISE proposal includes a significant increase in landfill disposal fees, from $42.65 to $82.00 per ton (a 92.3% increase), along with provisions for organic waste rebate programs and capital investments in organics infrastructure. In response, the Orange
Item No. 4.6
County City Managers Association (OCCMA) formed a committee in December 2024 to negotiate alternative terms with OCW&R and requested an extension of the current WDA to allow sufficient time for due diligence.
The proposed Second Amendment provides a 12-month extension of the current WDA through June 30, 2026, with a 2.6% disposal fee increase in accordance with the agreement’s established escalation formula. If agreement on a successor WDA is not reached by September 30, 2025, OCW&R will provide monthly updates to participating cities and sanitary districts beginning in October 2025.
Fiscal Impact:
The proposed Second Amendment includes a 2.6% increase in disposal fees effective July 1, 2025, in accordance with the existing escalation formula. While this increase will result in a modest rise in the City’s annual solid waste disposal costs, the overall fiscal impact is limited and anticipated in the City’s refuse fund budget. The extension also prevents potential exposure to a more substantial fee increase that would occur under the currently proposed WISE agreement.
Attachments:
1. Second Amendment to WDA
SECOND AMENDMENT TO WASTE DISPOSAL AGREEMENT
Between
THE COUNTY OF ORANGE, CALIFORNIA
and the
City of Laguna Hills
June 30, 2025
County Amendment Authorization Date
_________________, 2025
County Notice Address:
Director, OC Waste & Recycling
601 N. Ross Street
5 th Floor
Santa Ana, CA 92701
City Amendment Authorization Date
____________________, 2025
City Notice Address:
City of Laguna Hills
24035 El Toro Rd
Laguna Hills, CA 92653
SECOND AMENDMENT TO WASTE DISPOSAL AGREEMENT
THIS SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT (“Second Amendment”) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement.(the “City”).
RECITALS
The County owns, manages, and operates a Waste Infrastructure System to manage municipal and solid waste generated within Orange County, California or imported from outside Orange County, California pursuant to contractual agreements (hereafter used referred to as “Disposal System” or “Waste Infrastructure System”). The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
The County is also responsible for the long-term management of 20 closed landfills as required under Applicable Law.
County Landfills are used for the management of municipal solid waste pursuant to legislation including, but not limited to, the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other state and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion, and disposal of municipal solid waste generated within the City.
The City and the County have historically provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs. In 2009, the Parties entered into a new WDA (referred to as the “Original WDA”). In 2016, the Original WDA was amended by the Parties (“First Amendment”), whereby the Parties updated certain terms and extended the term through June 30, 2025. (The Original WDA and its corresponding First Amendment are referred to in this Second Amendment as the “Current WDA”.) In response to passage of several pieces of legislation that require significant reductions in the disposal of organic waste, and in light of the approaching expiration of the Current WDA, the County held two City Manager Summits in November 2024 proposing terms of a new WDA.
The Orange County City Manager Association (“OCCMA”) has established a Committee (“OCCMA Committee”) including representatives of cities and sanitary districts to review the terms of the proposed new WDA. The OCCMA Committee requested a 12-month extension of the Current WDA to allow for additional time to negotiate mutually agreeable terms for a new WDA, and obtain approval from the respective
governing bodies. The County is agreeable to OCCMA’s requested extension to the Current WDA on terms as provided in this Second Amendment.
The City has determined that the execution of this Second Amendment by the City is in the best interest of the City and will serve the public health, safety, and welfare by continuing the waste disposal services historically provided under the Current WDA while the Parties: (1) engage in due diligence related to a new WDA, in order for the City to evaluate the cost/benefit of a new WDA, which is expected to include the City and OCCMA obtaining more comprehensive and detailed information on the County’s plans for infrastructure expansion and improvements, the financial and operational conditions of the existing Waste Infrastructure System, and the components, timing, and procedures for future contract fee increases; and, (2) negotiate the terms and conditions of a new WDA.
The County has determined that the execution by the County of this Second Amendment will serve the public health, safety, and welfare by continuing to provide a stable, predictable, and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, while the Parties exchange information and conduct negotiations with the County goal of ensuring that any negotiated Contract Rate in the new WDA covers the full cost of operations and infrastructure O&M and development needed to ensure indemnification and regulatory compliance..
Official action approving this Second Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
Official action approving this Second Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
1. Extended Term.
(a) Section 6.1 (A) of the Current WDA is deleted in its entirety and replaced with the following:
“Extended Term. This Agreement shall continue in full force and effect until 11:59 p.m. on June 30, 2026 (the “Extended Term”), unless earlier terminated in accordance with its terms, in which event the Extended Term shall be deemed to have expired as of the date of such termination.” (b) Section 6.1 (B) is deleted in its entirety.
(c) Section 6.1 (C) of the Current WDA is deleted in its entirety and replaced with the following:
“Contract Rate Negotiations During Extended Term. If the Orange County City Manager Association’s committee tasked with negotiating the terms of a successor to this Agreement with the County and recommending approval of the same to the Parties (the “Committee”) and the County have not reached mutually agreeable terms of a successor to this Agreement including, but not limited to, proposed revisions to the Contract Rate, by September 30, 2025, the County shall, and it is expected that the Committee will provide, updates to all Participating Cities, and their respective governing bodies as may be deemed necessary, regarding the status of negotiations on a monthly basis until mutually agreeable terms are reached or the Extended Term expires.”
In recommending any revisions to the Contract Rate, in addition to the circumstances described in Section 4.2(A), the Committee and County may take into consideration factors including, but not limited to, the following:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology;
(vi) changes in transportation costs;
(vii) closure and expansion of nearby landfills;
(viii) capacity of the Disposal System;
(ix) long-term infrastructure needs; and
(x) available reserves which are in excess of the amount reasonably required as reserves. (d) Appendix 2 of the Current WDA is deleted in its entirety and replaced with the following:
APPENDIX 2
Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B) Fiscal Year County Acceptable Waste Tonnage Cumulative County Acceptable Waste Tonnage FY 2025-26 3,166,659 3,166,659
2. Contract Rate.
(a) The first paragraph of Section 4.2(A) of the Current WDA is deleted in its entirety and replaced with the following:
“(A) Establishment of Contract Rate. During the Extended Term, the Contract Rate payable by each Franchise Hauler shall be $43.76 per ton, contingent on the delivery to the Disposal System of an amount of Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2, subjections (i) through (z).”
Note: Subsections (i) through (z) found in the Current WDA remain unchanged.
3. Effectiveness of Second Amendment.
The provisions of this Second Amendment shall not become effective unless and until this Second Amendment has been executed by the County and all of the Participating Cities, and shall become effective once that occurs.
4. Representations and Warranties of the Parties.
Each of the parties to this Second Amendment represent and warrant that it is a political subdivision of the State of California validly existing under the Constitution and laws of the State and that it has duly authorized the execution and delivery of this Second Amendment to each other party.
5. Remaining Terms.
All other terms and conditions of the Current WDA not specifically changed by this Second Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY have caused this Second Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.
County of Orange
By _______________________________
Director, OC Waste & Recycling
Date _____________________
Approved as to Form
By _______________________________
County Counsel
Date _____________________
City of Laguna Hills
By _______________________________
City Manager
Date _____________________
Approved as to Form
By _______________________________
City Attorney
Date _____________________
Item No. 4.7
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Award of a Professional Services Agreement with RJM Design Group, Inc. for the Paseo de Valencia/Alicia Parkway Reader Board
Recommendation: That the City Council authorize the City Manager to execute the Professional Services Agreement with RJM Design Group, Inc. in the amount of $58,667.
Background:
At the June 25, 2024, City Council meeting, City staff presented a conceptual design for the construction of a reader board at the southwest corner of La Paz Road and Paseo de Valencia. The request for a reader board was based on input from the Events, Communications, and Beautification Committee, which was at that time comprised of Councilmember Pezold and Councilmember Heft. After discussion, a motion to:
1) approve the conceptual design for the reader board at the corner La Paz Road and Paseo de Valencia; and 2) to contact the property owner of the Ralph’s shopping center at the southeast corner of Alicia Parkway and Paseo de Valencia to potentially allow for the replacement of the existing Ralph’s monument sign with the City’s proposed reader board was approved. Subsequently, City staff contacted the Ralph’s shopping center property owner, and the property owner indicated that due to existing lease agreements, addressing this issue with Ralph's could be time-consuming and may not ultimately materialize.
Given the City Council’s implied preference for the reader board to be placed at Alicia Parkway and Paseo de Valencia during the June 25, 2024, City Council meeting, City staff met with RJM Design Group, Inc., and created a new alternative that involves reducing the number of traffic lanes on Paseo de Valencia at Alicia Parkway to create space within the existing right-of-way to place the proposed reader board at the
Item No. 4.7
northeast corner of intersection. A rendering of the alternative was included with the September 24, 2024, agenda report, as well as the proposed plan view layout at the intersection.
At the September 24, 2024, City Council meeting, City staff proposed advancing the construction of a portion of the overall Paseo de Valencia and Cabot Road Active Transportation Enhancements Project to remove the existing right-turn lane on northbound Paseo de Valencia at Alicia Parkway to construct a new street corner to make space for the proposed reader board. This work will also involve the relocation of two traffic signal poles at the northeast corner to align with the beginning and the end of the curb returns for the new street corner.
As the Council may recall, in March 2024, City staff informed City Council of the award of $4,998,000 from the Orange County Complete Streets Program for the proposed Paseo de Valencia and Cabot Road Active Transportation Enhancements Project. The details of this proposed project were also shared at the September 24, 2024, City Council meeting. This proposed project includes removal of one vehicular travel lane in each direction on Paseo de Valencia between Alicia Parkway and Cabot Road to construct a Class IV two-way bikeway along the roadway. In June 2024, the Orange County Transportation Authority approved an amendment to the Master Plan of Arterial Highways, allowing for the reclassification of Paseo de Valencia from an arterial highway to a collector street. This step cleared an important regulatory hurdle to allow the project to proceed to preliminary design. (On May 14, 2025, City staff will host an Open House/Public Workshop to discuss this larger project with the Laguna Hills community. Construction of this larger project is scheduled to occur in FY 2026/2027.) While related, but not conditioned on the completion of this proposed project, the reader board project is designed to be compatible with the future, proposed Paseo de Valencia and Cabot Road Active Transportation Enhancements Project.
Consequently, at the September 24, 2024, City Council meeting, City Council approved the new conceptual design at the northeast corner of Paseo de Valencia and Alicia Parkway, established a new Capital Improvement Project No. 318 for this effort, and allocated $525,000 in General Fund reserves to CIP No. 318.
Since September 2024, City staff have engaged with one of its on-call civil engineering consultants, Tait & Associates, to provide a "base layer" verifying how the new parkway area could be constructed to provide room for the new reader board. City staff are pleased to report that sufficient space is available for construction of a reader board.
However, the conceptual design approved by City Council in September 2024 may not be an appropriate scale for the available space available. The originally contemplated
Item No. 4.7
reader board is approximately 36 feet in width, including the end decorative columns/pilasters. The space available is approximately 36 feet in width. Therefore, the overall scale of the reader board monument may need to be scaled back to make the reader board more aesthetically pleasing such that the proposed decorative columns/pilasters do not directly abut the sidewalk. The conceptual design called for tapered columns/pilasters. The alternative may involve non-tapered columns/pilasters, or an offset reader board design with one column/pilaster.
Therefore, City staff is requesting that the City Council approve a Professional Services Agreement with RJM Design Group, Inc., which provided the initial conceptual drawings for the Alicia Parkway/Paseo de Valencia reader board, for the preparation of 1) a refined design concept for review by City Council, and 2) final design and construction documents. While RJM Design Group, Inc. has an existing Professional Services Agreement to provide for on-call landscape architecture services, City staff desired to provide an update on this project and to verify the Council's desire to proceed with the project given the space constraints.
Fiscal Impact:
CIP No. 318 has an unencumbered balance of $525,000, which is estimated to be sufficient for this project. Preliminary design expenditures to date for Tait & Associates and RJM Design Group, Inc. have been deducted from the Public Works Department's Operating Budget for City Engineering Services in an effort to preserve CIP No. 318 for the development final design and construction plans.
Attachments:
1. Proposed Professional Services Agreement with RJM Design Group, Inc.
2. 2024 Reader Board Concept Drawing - With Notes
3. Tait and Associates Street Layout
4. 2023 Orange County Complete Streets Program Award
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1 PROFESSIONAL SERVICES AGREEMENT
RJM Design Group, Inc.
Laguna Hills Street Corner Reader Board Design Project
for Alicia and Paseo de Valencia
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 13th day of May 2025, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and RJM DESIGN GROUP, INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the professional services of a qualified landscape architectural, planning, and design firm to provide the City with design development and construction document services for the construction of a street corner reader board at the corner of Alicia and Paseo de Valencia (the “Project”).
B. Consultant has submitted to City a proposal, dated May 7, 2025, to provide the City with professional landscape architectural, planning, and design consulting services for the Project pursuant to the terms of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional landscape architectural, planning, and design to City for the Project and has agreed to provide such consulting services as provided herein. City does not have the personnel, training, certification, specialized equipment, or technical expertise necessary to perform the work and services contracted for herein.
D. City desires to retain Consultant to provide such professional consulting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform professional landscape architectural, planning, and design consulting services for the Project as set forth in the Proposal/Scope of Work, dated May 7, 2025, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the
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2 “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.
Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated May 7, 2025 submitted to City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the
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3 sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that
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4 are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the professional rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Fifty Eight Thousand Six Hundred Seventy-Seven Dollars ($58,677.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Intentionally omitted.
2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term
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5 of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.
When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of two (2) years, commencing on May 13, 2025, and ending on May 12, 2027, unless extended by mutual written agreement of the Parties.
3.5 Intentionally omitted.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Larry P. Ryan, Principal. It is expressly understood that the experience,
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6 knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder.
The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City
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7 nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility & Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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8 5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall
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9 specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.
1. Intentionally omitted.
2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
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10 1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be
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11 in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
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12 B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil
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13 Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of the City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All
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14 information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
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15 B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
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16 Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence,
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17 recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: RJM Design Group, Inc.
Attention: Larry P. Ryan, Principal
31591 Camino Capistrano
San Juan Capistrano, California 92675
Telephone: (949) 493-2600
Email: [email protected]
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such
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18 prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Consultant understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
10.9.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
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19 10.9.2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
10.9.3. Consultant agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at
(http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
10.9.4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
10.9.5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
10.9.6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
10.9.7. Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Consultant and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
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20 10.9.8. Pursuant to California Labor Code Sections 1860 and 3700, Consultant will be required to secure the payment of compensation to its employees. By signing this Agreement, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
10.9.9. Pursuant to California Labor Code Section 1771.1, Consultant and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Consultant shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN, PLANNING, AND
CONSTRUCTION DOCUMENT CONSULTING SERVICES
FOR THE CONSTRUCTION OF A STREET CORNER READER BOARD
AT THE CORNER OF ALICIA AND PASEO DE VALENCIA
DATED: MAY 7, 2025
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
25-036 Laguna Hills Reader Board Sign-Rev 1 Page 1 of 4 May 7, 2025
Mr. Joe Ames
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
RE: City of Laguna Hills Street Corner Reader Board Project Design Development
Construction Documentation
Dear Mr. Ames:
On behalf of RJM Design Group, Inc., I am pleased to submit this proposal for professional consulting services for the Laguna Hills Street Corner Reader Board Project. Based on our understanding this is to be the design of a standalone sign with an approximately 4’x8’ reader board component located at the corner of Alicia and Paseo de Valencia. It is our assumption that all utilities required for the reader board and surrounding planting are already provided for on site. We are very excited about the challenging characteristics of this project and are committed to assisting you in the design of the reader board and creation of construction documents.
Based upon our discussions with you and our previous experience with the City of Laguna Hills, we have developed a Scope of Work that defines a timely and efficient approach to the preparation of the construction plans.
We look forward to maintaining our close working relationship with you and the City of Laguna Hills on this project. If you have any questions or comments after reviewing this proposal, please do not hesitate to contact our office.
Sincerely,
RJM DESIGN GROUP, INC.
Sara Ryan, LLA
Landscape Architect
25-036 Laguna Hills Reader Board Sign-rev 1 Page 2 of 4 City of Laguna Hills –Reader Board Project Rev 1
SCOPE OF WORK
PHASE 1 – Design Development
A. Review City preferred location at Alicia and Paseo de Valencia for the Reader Board.
B. Review City provided plans drafted by Tait Engineering C. Prepare (1) alternatives for the reader board based on information previously provided by the City Council Events, Communications and Beautification Committee D. Prepare (1) cost estimate for the reader board sign
E. Prepare for and attend review meeting with city staff.
F. Prepare refinements per City comments and direction.
G. Prepare updated digital presentation.
H. Prepare for and attend presentation meeting with the City Council Events, Communications, and Beautification Committee to review the alternative plan I. Refine the plan per City comments and direction.
J. Prepare refined digital presentation.
K. Submit the refined plan and cost estimate for City review and approval.
L. Prepare for and attend City Council meeting.
MEETINGS: One meeting with City Staff
Two meetings with Beautification Committee
1ST Mtg-1 option presented
One meeting with City Council
PRODUCTS: (1) Refined Alternative plan for the reader board, (1) Preliminary Construction Cost Estimates.
PHASE 2 – CONSTRUCTION DOCUMENTS
A. Refine wall/Reader Board concept per City comments and direction.
B. Develop refined base plans in digital format.
C. Prepare construction drawings at 1” =20’-0” scale, on 24” x 36” sheets. These documents will encompass:
1. Demolition Plan
2. Construction/Layout Plan
3. Construction Details
4. Electrical Plan, Reader Board and low voltage from existing service
5. Irrigation Plan/Details
6. Planting Plan/Details
7. Structural Details
8. Technical Specifications
*It is assumed that civil engineering including site grading and drainage is not required on this project.
D. Submit plans to the City of Laguna Hills for plan check. Meet with City to review plan check comments. Submit and revise drawings per two (2) City plan check reviews.
E. Submit Technical Specifications (Green Book format) on 8 ½” x11” format for packaging by the City.
F. Prepare an opinion of probable construction cost.
G. Prepare bid form to be included in City Standard Boiler Plate.
25-036 Laguna Hills Secondary Reader Board Sign Page 3 of 4 MEETINGS: One Meeting with City Staff
PRODUCTS: Base Plans, Construction Drawings, Technical Specifications, Opinion of Probable Construction Costs, and Bid Form
FEE SUMMARY
It is the objective of RJM Design Group, Inc. to provide the most comprehensive, yet efficient approach to the development of the Laguna Hills Reader Board Sign project. Our proposed fee allowance shall be billed for on an hourly basis per the attached hourly fee schedule. This fee includes all costs to be incurred by RJM Design Group, Inc. and sub-consultants, including an allowance for reimbursable expenses.
PHASE 1 : DESIGN DEVELOPMENT $ 28,400
PHASE 2 : CONSTRUCTION DOCUMENTS
(Including Structural Engineering) $ 28,777
Reimbursables $1,500
TOTAL FEE $ 58,677
REIMBURSABLE EXPENSES (Estimated Allowance $1,500)
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
PAYMENTS
Payments are due and payable on a monthly basis following the completion of any substantial phase of work.
ASSUMPTIONS
It is the understanding of RJM Design Group that all utilities for creation of a completed reader board sign and surrounding landscape planting are already provided for on site.
ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client’s request, reimbursable at Consultant’s standard hourly rates. Additional services may include, but are not limited to:
• Any requested refinements to the preferred alternative plan, or creation of virtual simulations as a result of City Council review shall be completed in accordance with the Standard Hourly Fee Schedule.
• Additional plans or exhibits requested by the client in addition to the specific tasks outlined in the Scope of Services shall be completed in accordance with the Standard Hourly Fee Schedule. • Additional meetings, as requested, shall be in accordance with the Standard Hourly Fee Schedule. • Specialized billing or accounting forms, invoices, spreadsheets.
25-036 Laguna Hills Secondary Reader Board Sign Page 4 of 4 • Engagement of other consultants not specifically identified below. • Should existing “As Built” information be unavailable, digital topographic base information shall be acquired as an additional expense.
CONSULTANT’S HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates below:
RJM DESIGN GROUP, INC.
Principal Landscape Architect $220.00 per hour
Associate Landscape Architect $195.00 per hour
Landscape Architect / Project Manager $180.00 per hour
Job Captain / Landscape Designer $165.00 per hour
CAD Technician $150.00 per hour
Admin $105.00 per hour
GMU ENGINEERING
Principal/ Director $295.00 per hour
Associate Engineer $272.00 per hour
Senior Engineer $255.00 per hour
Project Engineer $215.00 per hour
Senior Staff Engineer $192.00 per hour
Staff Engineer $175.00 per hour
CAD/GIS Design Engineer $132.00 per hour
Document Preparation and Project Services $110.00 per hour
GLASIR DESIGN
On-site Irrigation Consulting $135.00 per hour
Irrigation Designer $110.00 per hour
FBA ENGINEERING
Principal/Project Director $210.00 per hour
V.P./Senior Associate $160.00 per hour
Associate/Project Manager $160.00 per hour
Construction Support $135.00 per hour
Electrical Designer $110.00 per hour
CAD/BIM Designer $90.00 per hour
Technical Typist $50.00 per hour
Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.
Thank you for selecting us to prepare this proposal. During your review, we would be pleased to meet with you and discuss any items that need clarification.
THIS DOCUMENT IS THE PROPERTY OF RJM DESIGN GROUP, INC., AND NO PART THEREOF SHALL BE USED, REUSED, OR MODIFIED WITHOUT THE WRITTEN CONSENT OF RJM DESIGN GROUP, INC. © 2024 RJM Design Group, Inc. All rights reserved.
LAGUNA HILLS READER BOARDS
CITY OF LAGUNA HILLS, CALIFORNIA
7/17/2024 CONCEPT A - PASEO DE VALENCIA X ALICIA
ELEVATION VIEW A
SCALE: NTS
LEGEND
NOTES
1. Peaked precast cap
2. City signage
3. Stone Veneer
4. Smooth plaster finish with reveal
5. Precast square concrete cap
6. 4’ x 12’ LED Readerboard screen
7. Precast rectilinear wall cap
8. 24” box evergreen hedge
9. City seals
10.Widened sidwalk
11. Adjusted turn lane
12.Existing asphalt to remain
A. Reader board and wall size: 8’ x 36’-6”
B. Design assumes acceptance of the
Paseo de Valencia road diet project
6 8
3 9
5 2
7 4
10 11
12 Concept Drawing Presented at the September 24, 2024, City Council meeting.
Based on the Tait & Associates' street improvement layout drawings, these columns, if not redesigned, may directly abut back of sidewalk.
Therefore, RJM Design Group believes it would be in the City's best interest to refine the preliminary design to match projected conditions.
Item No. 4.8
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Amendment No. 1 to Professional Services Agreement with Hartzog & Crabill, Inc. for On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services
Recommendation: That the City Council: 1. Approve proposed Amendment No. 1 to the current Professional Services Agreement with Hartzog & Crabill, Inc. for On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services, and 2. Authorize the Mayor to execute the Agreement.
Background:
On June 23, 2020, City Council approved Professional Services Agreements for On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services with three firms: 1. Advantec Consulting Engineers, Inc.; 2. Hartzog & Crabill, Inc.; and 3. RK Engineering Group, Inc. These Professional Services Agreements were for five-year terms starting July 1, 2020 and ending June 30, 2025.
Each Agreement allows for one (1) three-year extension on the same terms and conditions as the original Agreement. Hartzog & Crabill, Inc. has provided excellent support to City staff over the past five years. Consequently, City staff recommends that City Council approve proposed Amendment No. 1 to the current Professional Services Agreement with Hartzog & Crabill, Inc. to provide continued on-call traffic engineering, traffic signal operations support, and transportation engineering consulting services for another three years, ending June 30, 2028. At this time, City staff is not recommending extending contracts with Advantec Consulting Engineers or RK Engineering Group due to potential conflicts of interest with upcoming projects and with current projects, respectively.
Item No. 4.8
Fiscal Impact:
The continued use of professional consultant services for On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services is incorporated and considered in the annual Public Works Department Operating Budget as well as in the related Capital Improvement Program Budget. A portion of the compensation to the professional consultant may be offset by revenues generated through reimbursements as relates to review of private development traffic engineering reports. By entering into this on-call Professional Services Agreement for as-needed services, the City is neither obligating itself nor guaranteeing any compensation to Hartzog & Crabill, Inc. The proposed Professional Services Agreement establishes an annual maximum compensation of $200,000.
Attachments:
1. Proposed Amendment No. 1 to PSA with Hartzog & Crabill, Inc.
2. PSA with Hartzog & Crabill, Inc. - 2020-2025
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
Hartzog & Crabill, Inc.
On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services
THIS FIRST AMENDMENT to the Hartzog & Crabill, Inc., Professional Services Agreement (the "Amendment" or "Amendment No. 1") is made and entered into to be effective this 13th day of May 2025, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "City") and HARTZOG & CRABILL, INC., a California corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as "Parties".
RECITALS
A. City and Consultant previously entered into that certain Professional Services Agreement for the provision of On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services, which was made and entered into on July 1, 2020 (the "Agreement"), and which may be duly amended, in writing, from time to time by the Parties. Sections 1.8 (Additional Services), 2.4 (Changes in Scope), 3.4 (Term), and 10.3 (Entire Agreement) of the Agreement provide that the Agreement may be amended to provide for additional services, the term extended, and to include additional fees for services requested in writing at any time by mutual consent of the Parties. More specifically, Section 3.4 of the Agreement provides that at the conclusion of the initial five (5) year term ("Initial Term") at its sole option and discretion the City may renew and extend the term of this Agreement for no more than one additional period of three (3) years, ending on June 30, 2028, under the same terms and conditions ("Renewal Option").
B. Unless amended by mutual written agreement of the Parties, the Agreement is currently scheduled to expire on June 30, 2025, by operation of its own terms. By way of correspondence from Consultant to City, dated April 25, 2025, a copy of which is attached hereto as Attachment "1 ", Consultant has requested that the term of the Agreement be extended for three (3) additional years, pursuant to Section 3.4 of the Agreement, in order for Consultant to provide continued uninterrupted On-Call Traffic Engineering, Traffic Signal Operations Support, and Transportation Engineering Consulting Services at the same hourly rates and charges and unit pricing and under the same terms and conditions as established and set forth in the Agreement.
C. Toward this end, the Parties now mutually desire to enter into this Amendment No. 1 for the purpose of extending the term of the Agreement for three (3) additional years in order to provide for continued uninterrupted traffic engineering consulting services at the same hourly rates and charges and unit pricing and under the same terms and conditions as established and set forth in the Agreement, as well as to increase the Annual Maximum Contract Amount set forth in Section 2.1 of the Agreement by $100,000 from $100,000 to $200,000. 1 4936-7537-3111, V. 1
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:
1. AGREEMENT
Amendment to Section 3.4, entitled "Term," of the Agreement. Section 3.4 of the Agreement is hereby amended as follows·:
The Parties understand and mutually agree that the term of the Agreement is hereby extended for one additional three (3) year term, commencing on July 1, 2025, and ending on June 30, 2028, under the same terms and conditions as set forth in the Agreement ("Renewal Option").
2. Amendment to Section 2.1 , entitled "Maximum Contract Amount," of the Agreement.
Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
"2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly rates and charges as set forth in the Schedule of Compensation/Fees, which is attached hereto collectively as Exhibit A" and is incorporated herein by reference, but not exceeding the annual maximum contract amount of Two Hundred Thousand Dollars ($200,000.00) (hereinafter referred to as the "Annual Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "A . Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City's payment obligation under this Agreement is the amount specified in this section."
3. Amendment to Section 4.1, entitled "Representative of Consultant." of the Agreement.
Section 4.1 of the Agreement is hereby amended and rested in its entirety to read as follows:
"4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Gerald J. Stock. P.E., T.E .• Executi e Vice President, Principal-In-Charge. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services 2 4936-7537-3111, V. 1
performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer."
4. Amendment to Section 10.2, entitled 'Notices," of the Agreement. Section 10.2 of the Agreement is hereby amended as follows to reflect the updated address and correct contact information for the Consultant as follows:
To Consultant: Hartzog & Crabill, Inc.
Attention: Gerald J. Stock, Executive Vice President
17821 East 17th Street, Suite 245
Tustin, California 92780
Office: (714) 731-9455
Fax: (714) 731-9498
5. Full Force and Effect. This Amendment No. 1 is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment No. 1 shall in all respects govern and control.
6. Recitals. The above-referenced Recitals are hereby incorporated into this Amendment No. 1 as though fully set forth herein and made part of the Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
7. Comorate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Amendment is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Amendment on behalf of the Party for which he/she is signing, (iii) by so executing this Amendment, the Party for which he/she is signing is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ON NEXT PAGE]
3 4936-7537-3111, V. 1
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment to the Agreement as of the date first written above.
ATTEST:
By: -------------- JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
By: -------------- GREGORY E. SIMONIAN,
City Attorney
4936-7537-3111, V. 1
"CITY"
CITY OF LAGUNA HILLS, a California
municipal corporation
By: ________________ _
JOSHUA SWEENEY,
Mayor
"CONSULTANT"
HARTZOG & CRABILL, INC., a California
corporation
By:_~--" -'----~---=~--=-------=---- ~ 1 -
Name: GERALD J. STOCK, P.E., T.E.
Its: Executive Vice President/Treasurer
Name:
B~ ~~ T~
Its: Vice President/Secretary
4
ATTACHMENT NO. 1
CONSULTANT'S LETTER TO CITY REQUESTING
CONTRACT TERM EXTENSION
AND
CONFIRMING NO INCREASES TO
SCHEDULE OF COMPENSATION/FEES/RA TES/UNIT PRICES
FOR THREE-YEAR TERM EXTENSION
DATED: APRIL 25, 2025
5 4936-7537-3111, V. 1
tHARTZOG &
CRABILL, Inc.
C
Gerald J. Stock, PE, TE,
Executive Vice President
17821 E. 17th Street
Suite 245
Tustin, CA 92780
Phone: (714) 731-9455
April 25, 2025
Mr. Joe Ames, P.E., T.E.
Assistant City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Request for Amendment to our Current Contract to Continue Providing Professional Traffic Engineering
Services to the City of Laguna Hills
Dear Mr. Ames:
As you know, Hartzog & Crabill, Inc. (HCI) has been consistently providing specialized traffic signal monitoring/operations management and on-call traffic engineering services to the City of Laguna Hills for numerous years.
This letter is to provide the City with our formal request to amend our current contract for continuing to provide these services.
More specifically, HCI desires a three-year contract term extension under the same terms and conditions as the existing contract.
If you may have any questions or need more information, please feel free to call our office at (714) 731-9455.
Respectfully,
HART G & CRABIL
erald J. Stock, P , ,
Executive Vice esident
City & Traffic
Consulting Traffic Engineers to Government Agencies
Item No. 4.9
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Holland Gannon, Interim Community Services Director Issue: 2025-2027 Fourth of July Celebration Sound and Stage Agreement Recommendation: That the City Council: 1. Approve the Sound and Stage Agreement between DJE and City of Laguna Hills for the years 2025, 2026, and 2027; and
2. Authorize the Mayor to sign the agreement.
Background:
The City hosts an annual 4th of July Celebration that includes live entertainment requiring professional stage, sound, and lighting services. In previous years, staff has sourced a provider on a year-to-year basis, which has created logistical challenges, increased costs, and unnecessary uncertainty due to high seasonal demand.
A multi-year agreement with a highly-recommended sound and stage company presents several advantages: 1. DJE has offered a discount in exchange for a three-year commitment; 2. The 4th of July is a peak event date across the region, making it increasingly difficult to secure reliable providers at competitive rates when booking annually; 3. A long-term agreement reduces staff workload, minimizes the risk of not securing a vendor due to availability issues, and helps develop rapport with the sound and stage provider; and 4. Building a working relationship with a highly recommended company ensures consistency in quality and communication.
DJE comes highly recommended by other municipalities and event professionals. A long-term partnership provides confidence that the City is working with a reputable vendor that can handle the scale and visibility of our event.
Item No. 4.9
Fiscal Impact:
The total cost over three years is $57,967.42.
2025 $18,723.92
2026 $19,322.47
2027 $19,921.03
Attachments:
1. Proposed VSA with DJE Sound and Lighting
4935-6445-0621, v. 1
1 VENDOR SERVICES AGREEMENT
DJE Sound & Lighting, Inc.
(Sound and Stage Services for the annual 4th of July Celebration) THIS VENDOR SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this ___ day of May 2025 (“Effective Date”), by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and DJE SOUND & LIGHTING, INC., a California corporation, (hereinafter referred to as “Vendor”). City and Vendor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the services of a qualified vendor to provide sound, stage, and lighting services for the annual 4th of July Celebration, which will be held on Friday, July 4th, 2025, Saturday, July 4th, 2026, and Sunday July 4th, 2027. (the “Project”).
C. Vendor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise to provide these services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, technical expertise, or experience able to perform the work and services contracted for herein.
D. City desires to retain Vendor to provide such sound, stage, and lighting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF VENDOR
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Vendor agrees to provide and perform sound, stage, and lighting services for the Project as described and as set forth in Vendor’s Quote, dated March 21, 2025, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Vendor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Vendor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and
4935-6445-0621, v. 1
2 workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California.
Vendor represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Vendor represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Work or Services assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Scope of Services (inclusive of Vendor’s 3 Year Pricing Proposal, attached hereto as Exhibit “B”), which shall be referred to collectively hereinafter as the “Contract Documents.” All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; and (2nd) the provisions of the Scope of Services.
1.3 Compliance with Law. Vendor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Vendor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Vendor performs any Work or Services in violation of such laws, rules, and regulations, Vendor shall be solely responsible for all penalties and costs arising therefrom. Vendor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Vendor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Vendor represents and warrants to City that Vendor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Vendor to perform the Work and Services under this Agreement. Vendor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Vendor's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
4935-6445-0621, v. 1
3 1.5 Familiarity with Work. By executing this Agreement, Vendor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
1.6 Care of Work. Vendor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Vendor, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Vendor. It is expressly understood by Vendor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Non-Exclusive Agreement. Vendor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Vendor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
4935-6445-0621, v. 1
4 2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Vendor shall be compensated by City for the services performed, including authorized reimbursements, in accordance with the payment schedule set forth in Vendor’s 3 Year Pricing Proposal, which is attached hereto as Exhibit “B” and is incorporated herein by reference, but not exceeding Fifty Seven Thousand Nine Hundred Sixty Seven Dollars and Forty Two Cents ($57,967.42) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The Maximum Contract Amount shall not exceed Eighteen Thousand Seven Hundred Twenty Three Dollars and Ninety Two Cents ($18,723.92) in contract year 2025, Nineteen Thousand Three Hundred Twenty Two Dollars and Forty Seven Cents ($19,322.47) in contract year 2026, and Nineteen Thousand Nine Hundred Twenty One Dollars and Three Cents ($19,921.03) in contract year 2027. The method of compensation shall be as set forth in Exhibit “A” and Exhibit “B”. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Scope of Services (Exhibit “A”), in any month in which Vendor wishes to receive payment, no later than the tenth (10th) working day of such month, Vendor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Vendor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Vendor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Vendor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Vendor is an essential condition of this Agreement. Vendor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
4935-6445-0621, v. 1
5 3.2 Schedule of Performance. Vendor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) set forth herein.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Vendor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Vendor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified.
The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Vendor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Vendor's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on the Effective Date and ending on July 5, 2027, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Vendor. The following principal of Vendor is hereby designated as being the principal and representative of Vendor authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Ted Tesoriero. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Vendor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Vendor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Vendor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Vendor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4935-6445-0621, v. 1
6 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Vendor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Vendor shall not contract with any other entity to perform the Services required without prior written consent of City. If Vendor is permitted to subcontract any part of this Agreement by City, Vendor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Vendor. City will deal directly with and will make all payments to Vendor.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Vendor a City employee. During the performance of this Agreement, Vendor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Vendor will determine the means, methods and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Vendor or any of its officers, employees, or agents, except as set forth in this Agreement. Vendor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Vendor’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Vendor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Vendor in its business or otherwise a joint venturer or a member of any joint enterprise with Vendor.
B. Vendor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Vendor, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Vendor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Vendor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Vendor, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any
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7 nature relating to salary, taxes, or benefits of Vendor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Vendor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
A. In the event that Vendor or any employee, agent, or subcontractor of Vendor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Vendor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Vendor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Vendor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Vendor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Vendor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Vendor’s existing insurance policies do not meet the insurance requirements set forth herein, Vendor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Vendor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Vendor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
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8 or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Vendor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Vendor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Vendor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Vendor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Vendor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Vendor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
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9 2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Vendor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Vendor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Vendor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Vendor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Vendor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Vendor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Vendor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
4935-6445-0621, v. 1
10 behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Vendor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Vendor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Vendor acknowledges and agrees that actual or alleged failure on the part of the City to inform Vendor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Vendor shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Vendor relating to this Agreement as additional named insureds under the Vendor’s insurance policies; or (2) Vendor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Vendor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Vendor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Vendor pursuant to this Agreement:
A. Vendor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Vendor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds,
4935-6445-0621, v. 1
11 against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Vendor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Vendor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Vendor, provide the same minimum insurance coverage required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Vendor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Vendor agrees to provide immediate written notice to City of any claim, demand or loss against Vendor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Vendor shall defend (at Vendor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Vendor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Vendor’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Vendor’s indemnification obligation or other liability hereunder.
7. REPORTS AND RECORDS
7.1 Accounting Records. Vendor shall keep complete, accurate, and detailed
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12 accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Vendor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Vendor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Vendor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Vendor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Vendor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Vendor in the performance of this Agreement shall be considered confidential and shall not be released by Vendor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Vendor shall provide City, or other agents of City, such access to Vendor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Vendor’s performance under this Agreement. Vendor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Vendor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
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13 fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting Party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Vendor thirty (30) days written notice. Upon such notice, City shall pay Vendor for Services performed through the date of termination. Upon receipt of such notice, Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Vendor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Vendor shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Vendor reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Vendor may determine.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding
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14 within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Vendor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Vendor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Vendor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Vendor shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Vendor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
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15 To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Vendor: DJE Sound & Lighting, Inc.
Attention: Ted Tesoriero
27241 Burbank
Foothill Ranch, California 92610
Telephone: (949) 633-3323
E-mail: [email protected]
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
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16 violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.8 Labor Code Requirements.
A. Prevailing Wages. Vendor is aware of the requirements of California labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Work or Services available to interested parties upon request, and shall post copies at the Vendor's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law. Vendor shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Vendor and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Vendor shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. [SIGNATURES ON NEXT PAGE]
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17 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation
JOSHUA SWEENEY,
Mayor
ATTEST:
(SEAL)
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“VENDOR”
DJE Sound & Lighting, Inc., a California
corporation
By:
Ted Tesoriero,
By:
EXHIBIT “A”
VENDOR’S QUOTE
DATED MARCH 21, 2025
DJE Sound & Lighting, Inc.
27241 Burbank
Foothill Ranch, CA 92610
Phone: 949-716-8891
Quote
Quote Number: 25-0196
City of Laguna Hills: 2025 July 4th
Client
City of Laguna Hills
Holland Gannon
25555 Alicia Parkway
Laguna Hills , CA 92653
Venue / Site
Laguna Hills Community Center
25555 Alicia Pkwy
Laguna Hills, CA 92653
Account Manager Production Manager Terms Tax Rule
Brent Santoro Brent Santoro Net 15 Orange County
Load In Show Start Load Out
7/4/2025 7:00 AM 7/4/2025 4:00 PM 7/4/2025 9:00 PM
Qty. Description Note Time Rate Price Price Ext.
10% DISCOUNT ON ALL GEAR
Audio
1 Wideline 10 Sound System 5
1 Band Mic Package-Telefunken
1 Powered Wedges 7 Mix
1 Allen & Heath DLive-S5000 Mixer
1 Allen & Heath DLive-CDM64 Mix Rack Split
Audio Total Before Discount: $5,790.00
Applied Discount: $579.00
Audio Total: $5,211.00
Lighting
10 SixPar 300 IP65 LED Par
Lighting Total Before Discount: $850.00
Applied Discount: $85.00
Lighting Total: $765.00
Staging: 24' x 16'
1 Stage- 24' x 16'
2 Stair- 5-Step Self Adjusting
Staging: 24' x 16' Total Before Discount: $1,850.00
Applied Discount: $185.00
Staging: 24' x 16' Total: $1,665.00
Truss: 25 x 20
1 STRUCTURE: 25' Wide x 20' Deep
4 STRUCTURE HEIGHT: 18'
1 SHADE TOP- 25' x 40' Black
Truss: 25 x 20 Total Before Discount: $2,620.00
Applied Discount: $262.00
Truss: 25 x 20 Total: $2,358.00
LOAD IN LABOR: THURS 7/3
1 (A1) Audio Engineer
1 (A2) Audio Technician
4 Stage Hand
LOAD IN LABOR: THURS 7/3 Total: $3,600.00
SHOW LABOR: FRI 7/4
1 (A1) Audio Engineer
1 (A2) Audio Technician
1 Stage Hand
SHOW LABOR: FRI 7/4 Total: $1,950.00
LOAD OUT LABOR: FRI 7/4
3/21/2025 2:02 PM Page 1 of 2
DJE Sound & Lighting, Inc. Quote (Quote Number: 25-0196) Qty. Description Note Time Rate Price Price Ext.
1 Stage Hand
1 Stage Hand
1 Stage Hand
LOAD OUT LABOR: FRI 7/4 Total: $1,650.00
Delivery
1 Delivery 26' Box Truck INTL
Delivery Total: $750.00
Discount: ($1,111.00)
Subtotal: $17,949.00
Sales Tax: $774.92
Total: $18,723.92
Total Applied Payments: $0.00
Balance Due: $18,723.92
Notes:
10% DISCOUNT ON ALL GEAR
3/21/2025 2:02 PM Page 2 of 2
EXHIBIT “B”
VENDOR’S 3 YEAR PRICING PROPOSAL
Laguna Hills 4th 3 Year Proposal 27241 Burbank
Foothill Ranch, CA 92610
949.716.8891
Contract Type Year Event Price Gear Discount % Increase from Prev. Yr. Total for Year Total % Increase from Prev. Yr. 2025-2027 3 Year Proposal
2025 Laguna Hills 4th $18,723.92 10% $18,723.92
2026 Laguna Hills 4th $19,322.47 5% 3.20% $19,322.47 3% 2027 Laguna Hills 4th $19,921.03 0% 3.10% $19,921.03 3%
Item No. 4.10
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Jennifer Lowe, Community Development Director
Issue: Periodic Review of Development Agreement (Ordinance No. 2022-1) Between the City of Laguna Hills and MGP Fund X Laguna Hills, LLC: Village at Laguna Hills Mixed-Use Project
Recommendation: That the City Council: 1. Receive and file a report submitted by MGP Fund X Laguna Hills, LLC demonstrating its good faith compliance with the terms and conditions of the Development Agreement; and 2. Find and determine that MGP Fund X Laguna Hills, LLC has complied in good faith with the terms and conditions of the Development Agreement for the calendar years of 2022 through 2024.
Background:
In November 2019, MGP Fund X Laguna Hills, LLC, Property Owner of the 68-acre Laguna Hills Mall site, generally located east of Avenida de la Carlota and south of El Toro Road, in the Urban Village Specific Plan area, filed zoning applications requesting land use entitlement approvals for the Village at Laguna Hills mixed-use project that would include residential, retail, hotel, and office uses; the project also incorporated a centrally located village park, parking facilities, landscaping, public improvements, and other related infrastructure (“Project”). The Project was a request to modify the Five Lagunas mixed-use project that was previously approved for the mall site by the City Council in 2016.
On March 8, 2022, the City Council and Planning Agency adopted Resolution No.
PA2022-03-08-2, approving Site Development Permit/ Master Sign Program/ Conditional Use Permit/ Vesting Tentative Tract Map/ Development Agreement/ Precise Plan for the Village at Laguna Hills Project, subject to specified conditions of approval. The approved Project included development of the following:
Item No. 4.10
A. Up to 250,000 square feet of retail space;
B. Up to 465,000 square feet of office space;
C. Two parking structures to serve the office uses;
D. A hotel containing between 100 to 150 rooms;
E. Up to five residential buildings containing up to 1,500 multiple family residential units, 200 of which will be affordable units;
F. Construction of park and open space improvements within an approximately 2.6- acre Village Park;
G. Construction of associated public improvements, parking facilities, streets, pedestrian pathways, and other infrastructure.
On March 22, 2022, the City Council adopted Ordinance No. 2022-1, approving a Development Agreement (“Agreement”) between the City and MGP Fund X Laguna Hills, LLC to implement the land use entitlements pertaining to the Project. The Development Agreement became effective on April 22, 2022, (further noted as the Development Agreement date), and was recorded in the Official Records, Orange County Clerk-Recorder's Office on April 25, 2022, as Document No. 2022000155625.
The Development Agreement contains specific provisions regarding the timing of construction of the Project and public improvements, and timing for payment of various fees identified in the Development Agreement, including Public Art In-lieu, Public Park In-lieu, Community Benefit, and other fees. The Agreement includes two primary phases of development. Phase 1, to be completed within seven (7) years from the Development Agreement Date, includes the following development: the Village Park; at least 140,000 square feet of retail space; an upscale quality hotel; at least two (2), but no more than four (4) residential buildings; up to 465,000 square feet of office space within up to four (4) office buildings and associated parking structures; and associated parking and other facilities, public improvements, and other infrastructure.
The Municipal Code and the Development Agreement provide the City Council the authority to periodically review the Property Owner’s good faith effort to demonstrate compliance with the terms of the Development Agreement. The last update was provided to the City Council on May 14, 2024. On March 21, 2025, the Property Owner provided an accounting of activities undertaken in accordance with the terms and
Item No. 4.10
conditions of the Agreement during the calendar years of 2022 through 2024 (see Attachment A).
Phase 2 of the Development Agreement, to be completed within 15 years from the Development Agreement Date, or 20 years if the terms of an automatic 5-year extension provision are met, includes the remaining development to complete the entire Project, as described above and as stipulated in the Development Agreement.
The various milestones within the Development Agreement, including payment of fees, submission of applications, and construction completion, is summarized in Exhibit D of the Development Agreement (Attachment B).
Authority:
Section 9-84.060 of the Laguna Hills Municipal Code states “Each development agreement shall be reviewed annually by the City Council to determine compliance with provisions contained therein. A report of the findings of that review shall be made a part of the project record. Each developer or owner of land subject to a development agreement shall provide written data and report to the Community Development Director demonstrating compliance with the terms and conditions of the agreement.” Furthermore, Section 18 of the Agreement provides for the City’s periodic review, at least every 12 months, of the Property Owner’s good faith compliance with the terms and conditions of the Agreement. At the time of each review, the Property Owner is to submit evidence to the City’s Community Development Director demonstrating its good faith compliance with the terms and conditions of the Agreement. The City Council then determines whether the Property Owner has, for the period under review, complied in good faith with the terms and conditions of the Agreement. As stated in Section 18, failure to review the Property Owner’s compliance with the Agreement, as specified in Section 18 of the Agreement, shall not constitute a breach of the Agreement.
Discussion:
This Development Agreement Compliance Report covers the activities related to the terms and conditions of the Agreement for the calendar years of 2022 through 2024.
Section 5.1 of the Agreement grants the Property Owner a vested right to develop the project, subject to and during the term of the Agreement, the stipulations including, but not limited to Section 5.4, Timing of Development, and Section 10.1, Development Fees Applicable to the Project, during the Term of this Development.
Item No. 4.10
Summary of Application/Permit Activity
Section 5.4 of the Agreement establishes specified time periods that the Property Owner has committed to meeting regarding the commencement of and complete construction of various Project components, also referenced as “Milestones” in the Agreement.
For this reporting period, Property Owner was subject to the following provisions under Section 5.4.1(A) as it pertains to the scope and timing of Development of Phase One of the Agreement:
First Phase One Final Map. Owner shall submit to the City a complete application for a Final Map for those parcels on which the Village Park, the Hotel, Retail Buildings containing at least one hundred forty thousand (140,000) square feet of space, and at least two (2) Residential Buildings for Phase One shall be Developed by no later than eighteen (18) months from the Development Agreement Date (Exhibit D, Milestone Three).
The mapping process included a series of subdivision approvals that included 2 ministerial lot line adjustments (“LLA”), including LLA 0003-2022 for the 4 residential building sites, recorded on February 23, 2023, and LLA 0004-2022, for the hotel site, recorded on April 24, 2023. Within 18 months of the Agreement date and in compliance with the terms of the Agreement, an application for Final Tract Map No. 19265 was submitted to the City on December 7, 2022. The Final Tract Map application incorporated the parcels previously modified through the LLAs, includes all parcels necessary to accommodate Phase One development. Final Tract Map No. 19265 was approved on March 26, 2024, along with a Subdivision Improvement Agreement to guarantee timely completion of improvements on Avenida de la Carlota between El Toro Road and Plaza Lane.
Additionally, Condition No. 37 of Resolution PA2022-03-08-2 requires the Property Owner to enter into a single Covenant Agreement with the City in a form approved by the City Manager and City Attorney. The purposes of the Covenant Agreement include tying the various parcels in the Project together in perpetuity as part of a common plan, establishing reciprocal access and parking easements across the entire Project site, establishing enforceable property maintenance standards, and allocating responsibility for property maintenance and Water Quality BMPs once portions of the Project site come under separate ownership. An initial draft of the Covenant Agreement was submitted to the City for review in September 2024. In December 2024, the Property Owner contacted the City and expressed its desire to make additional changes to the
Item No. 4.10
property lines and lots within the Project boundary. As a result of this request, the decision was made to pause the Covenant Agreement negotiation process pending further review and clarification of the requested Project and Map changes.
Grading plans were submitted to the City in late 2022 and early 2023 for the Retail District, Central Residential District, and Southern Residential District as configured to the 2022 development program. The grading plans, which are now substantially complete, would allow the Property Owner to create building pads for the buildings in the three Districts and commence construction of infrastructure, such as streets, sidewalks and parkways, and utilities, including water, sewer, gas, and electrical improvements.
In February 2023, the Property Owner submitted public street improvement plans for the segment of Avenida De La Carlota, between El Toro Road and Plaza Lane.
Improvements include relocating the sidewalk, creating a new parkway area, and squaring up the intersection of Carlota and Plaza Lane.
Majority of the demolition work for the Project is substantially complete, and the Property Owner has not completed construction improvements during this reporting period.
Summary of Fees Submitted
Section 10.1 of the Agreement stipulates that the Property Owner shall pay all existing impact and development fees applicable to the Project on the Development Agreement Date charged by City for the purpose of defraying all or a portion of the cost of public facilities related to the development of the Project. All fees due to the City during the first two years of the Development Agreement have been submitted within the timeframes specified in the Agreement, for a total of $5,617,666 submitted to the City during the review period (see Table 1 on next page).
Item No. 4.10
Table 1 – Fees Submitted This Review Period*
Fee Type Agreement
Reference Due Date Amount
Annual Administration Fee 10.7 7/01/2022 $20,000
Public Art In-lieu 10.4.2 7/21/2022 $350,000
Park In-lieu 10.3.3(A) 7/21/2022 $2,000,000
Community Benefit 10.5.1(A) 7/21/2022 $1,113,533
Annual Administration Fee 10.7 7/01/2023 $20,600
Community Benefit 10.5.1(C) 4/22/2023 $500,000
Community Benefit 10.5.2(B) 7/21/2023 $1,113,533
Community Benefit 10.5.1(C) 4/22/2024 $500,000
TOTAL $5,617,666
*The 4th anniversary Community Benefit Fee, due 4/22/2025, was paid to the City on 4/17/2025, and will be reflected in next year’s Agreement compliance report.
Compliance Determination
Staff reviewed the terms and conditions of the Development Agreement and the report of activities provided by the Property Owner (Attachment A). Staff recommends the City Council find the Property Owner has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.
Request for Major Modification
After the close of this reporting period, the Property Owner submitted a request on January 6, 2025, to the City Manager with a request to initiate the process to open discussions to request a major modification to the Agreement. The Property Owner was informed that the City Council would need to approve any revision to the Agreement. The request was presented to the City Council on April 22, 2025.
Fiscal Impact:
As summarized in this report, the property owner has submitted a total of $5,617,666 to the City during the review period.
Item No. 4.10
Attachments:
1. Attachment A - Letter, MGP Fund X Laguna Hills
2. Attachment B - Agreement Exhibit D, Agreement Milestones
Exhibit D-1
155788992.17
EXHIBIT D
DEVELOPMENT AGREEMENT MILESTONES
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone One 90 Days From
Development Agreement
Date
Owner shall have submitted the
following Fees to the City:
Public Art In-lieu Fee
Advance Payment of $350,000
(§10.4.2)
1st Nonrefundable Public Park
In-lieu Fee Payment of
$2,000,000 (§10.3.3(A))1
1st Nonrefundable Community
Benefit Fee Payment of
$1,113,533 (§10.5.1(A))
No
Milestone Two 15 Months from
Development Agreement
Date
Owner shall have submitted the
following Fees to the City:
2nd Nonrefundable
Community Benefit Fee
Payment of $1,113,533
(§10.5.1(B))
No
Milestone Three 18 Months from
Development Agreement
Date
Owner shall have submitted a
complete application for a Final
Map for those parcels on which the
Village Park, the Hotel, Retail
Buildings containing at least one
hundred forty thousand (140,000)
square feet of space, and at least
two (2) Residential Buildings for
Phase One shall be Developed
(§5.4.1(A))
Yes
Exhibit D-2
155788992.17
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone Four 4 Years (48 Months) from
Development Agreement
Date
Owner shall have submitted the
following Fees to the City:
2nd Nonrefundable Public Park
In-lieu Fee Payment of
$2,000,000 (§10.3.3(B))1
No
Milestone Five 4.5 Years (54 Months)
from Development
Agreement Date
Owner shall have submitted a
complete application for a building
permit for vertical construction of
at least one Phase One building
(§5.4.1(B))
Yes
Milestone Six 7 Years from Development
Agreement Date
Owner shall have Completed
Construction of all required Phase
One Components (§5.4.1(C))
___________________________
Owner shall have submitted the
following Fees to the City:
3rd Nonrefundable Public Park
In-lieu Fee Payment of
$2,000,000 (§10.3.3(C))1
Entire Remaining Balance, if
any, of $6,571,344 in
Nonrefundable Public Park Inlieu Fees attributable to first 804 residential units
(§10.3.3(D))1
In the event Owner has not
Completed Construction of the
Hotel, an additional
Community Benefit Fee of
$500,000 (§10.5.2)
Yes
_____________
No
1 Owner’s obligation to make this nonrefundable guaranteed fee payment is not subject to Excusable Delay; however, Owner may defer payment of this fee during the pendency of Litigation Delay pursuant to Subsection 22.1.4 (Deferral of Payment of Public Park In-lieu Fees During Pendency of Litigation Delay) of the Development Agreement.
Exhibit D-3
155788992.17
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone
Seven
5 Years from Date of
City’s issuance of the final
certificate of occupancy
for the Retail Buildings
and Residential Buildings
required to Developed as
part of Phase One pursuant
to §§ 5.4.1(C) (ii), (iv), and
(v)
Owner shall have recorded a Final
Map approved by the City for
those parcels on which the Retail
Buildings and Residential
Buildings for Phase Two required
to be completed pursuant to
Section 5.4.2(B) shall be
Developed (§5.4.2(A))
_________________________
Owner shall have obtained
building permits for the vertical
construction of the required Retail
Buildings and Residential
Buildings for Phase Two
(§5.4.2(A))
Yes
_____________
Yes
Milestone Eight 15 Years from
Development Agreement
Date (End of Initial Term)
Owner shall have submitted the
following Fees to the City:
Entire Remaining Balance, if
any, of $5,597,688 in
Nonrefundable Public Park Inlieu Fees attributable to the 805th residential unit through
the 1,162nd residential unit
(§10.3.3(E))
No
Exhibit D-4
155788992.17
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone Nine 20 Years from
Development Agreement
Date (End of Extended
Term)2
Owner shall have Completed
Construction of all required Phase
Two Components (§5.4.2(B))
____________________________
Owner shall have Commenced
Construction of any Retail
Building, Office Building, Parking
Structure, and/or Residential
Building it did not Develop as part
of Phase One or Phase Two but
that it intends to Develop in
Subsequent Phases (§5.4.3(D))
Yes
_____________
Yes
In addition to those Milestones identified in the above table, Owner is required pursuant to Section 10.5.1(C) to pay City Two Million Five Hundred Thousand Dollars ($2,500,000) in five (5) installments of Five Hundred Thousand Dollars ($500,000) each to be paid to City on the first, second, third, fourth, and fifth anniversaries of the Development Agreement Date. Owner is also required, pursuant to Section 10.5.7, to pay the City the sum of Two Million Dollars ($2,000,000) as a condition precedent to the issuance of building permits for Residential Building IV.
2 Pursuant to Section 2.2. of the Development Agreement, the initial 15-year Term shall be automatically extended for an additional five (5) years if, prior to expiration of the initial Term, Owner has Completed Construction of all required portions of Phase One of the Project set forth in Section 5.4.1(C) and has obtained building permits for the vertical construction of the required Retail Buildings and Residential Buildings for Phase Two set forth in Section
5.4.2(B). If the Term has not been extended 5 years pursuant to Section 2.2 of the Development Agreement, the obligations set forth in Milestone Nine must be completed by Milestone Eight.
Item No. 4.11
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 13, 2025
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Jennifer Lowe, Community Development Director
Issue: Amendment No. 1 to the 2016 License and Services Agreement with Tyler Technologies, Inc.
Recommendation: That the City Council: 1. Approve the use of $48,440 in unencumbered FY 2024-2025 funds in the Information Technology budget for the first year cost of the cloud-based Enterprise Permitting and Licensing (EP&L software), and
2. Authorize the City Manager to execute Amendment No. 1 to the 2016 License and Services Agreement with Tyler Technologies, Inc.
Background:
The City has used EnerGov, a Tyler Technologies, Inc. (“Tyler”) Enterprise Permitting and Licensing (“EP&L”) software program since 2008. EnerGov supports the Community Development and Public Works Departments with daily processes that include: 1) plan management, 2) building permit applications, issuance, and payments, 3) contact management, 4) building inspection scheduling and inspection checklists, and 5) code case management and inspection. The last major upgrade to the EnerGov system occurred in 2016, followed by updates in 2018 and 2021.
EnerGov is currently hosted on-premise on the City servers that are managed and maintained by the City’s Information Technology Administrator and Abtech Technologies (“Abtech”). Use of the EnerGov software is provided through an annual licensing agreement with Tyler Technologies, Inc.
Since EnerGov has not been upgraded in seven years, the current on-premises version of EP&L software is out of date and experiencing technical difficulties that significantly
Item No. 4.11
impact staff’s ability to meet the growing demand for online digital services and internal workflow efficiency. Additionally, the current on-premises EP&L software will cease to be supported by Tyler sometime in 2027. Key challenges of the existing EP&L software include inflexible workflows, limited online self-service and automation functionality, increasing hardware maintenance and reliance on internal IT for updates, lack of access to newer, more advanced features, and limited integration capabilities. In response to many of its public sector client needs, Tyler has evolved several of its applications, including EnerGov, into a Software-as-a-Service (“SaaS”) model, a subscription model in which client data is migrated to the cloud, rather than hosted onpremises. Tyler Technologies' cloud-based EP&L platform offers a unified system for permitting, inspections, and code enforcement. The proposed SaaS migration would provide an updated EnerGov program that unlocks additional benefits which can address some current workflow and efficiency challenges. Furthermore, migrating the EP&L software to a secure cloud-based platform will reduce infrastructure and operating expenses and eliminate hardware and software maintenance costs related to managing and maintaining the program on-premises. The 5-year cost differential for migrating the EP&L software to the cloud is estimated at $68,409.
The first year of the cloud-based EP&L software is not included in the draft FY 2025- 2027 biennial budget. The expected cost is $48,440 for the first year. The Assistant City Manager was informed during the budget formulation process that the previous Community Services Director indicated the first year cost of implementing the cloudbased EP&L software would come from savings in the Information Technology budget from abandoned projects in the FY 2024-2025 budget. Upon closer examination after the draft budget was submitted to City Council for review, the savings were to come from two abandoned projects: a City Council Chambers audio/visual pre-emptive hardware system replacement project and a phone system replacement project. After further review, Information Technology deemed these projects unnecessary. The unencumbered funds from the FY 2024-2025 budget in Computer Hardware & Software (Fund No. 100-195-940000) is $95,000, which is more than sufficient to pay for the first year cost of the proposed cloud-based EP&L software implementation in the amount of $48,440. The second year cost of the proposed cloud-based EP&L software is estimated to cost $50,378. This has been budgeted in the draft FY 2025-2027 biennial budget.
As part of this upgrade, City staff is also proposing to subscribe to assist packages for support hours from Tyler technical experts. While City staff can configure and program some of the workflows, support hours from Tyler technical experts are requested to assist with additional system configuration, staff training, business process improvements, troubleshooting, and best practices, especially with the proposed new cloud-based enhancements. City staff request the ability to subscribe to the Assist
Item No. 4.11
Complete support package for FY 2025-2026, and the Assist Basic package for FY 2026- 2027. The draft FY 2025-2027 biennial budget includes $110,000 for these proposed expenses. Staff anticipate a portion of this cost will be recovered through the newly adopted 5% Technology Fee.
Transitioning EnerGov to the cloud also allows for upgrading and streamlining the permitting process for Laguna Hills' businesses and residents with the implementation of an eReview module, which comes at an additional expense. The current system has been difficult for staff and applicants to submit and resubmit larger sets of plans and revisions, periodically causing confusion and further delays in the plan review process.
The eReview module will allow digital re-submissions through the Client Self-Service Portal, which is only currently allowed through email. This provides staff with control over the versions of plans submitted and with audit trails during the plan review and permitting process. This module will increase efficiency, reduce errors, and enhance communication among staff and with applicants. The draft FY 2025-2027 biennial budget includes a one-time request of $21,600 to implement the eReview module. Staff anticipate a portion of this cost will be recovered via the newly adopted 5% Technology Fee.
Fiscal Impact:
The estimated 5-year cost of keeping the current on-premises EP&L software is $327,177. However, it should be noted that the current on-premises EP&L software will cease to be supported by Tyler sometime in 2027. The estimated 5-year cost of moving the EP&L software to the cloud is $395,586, which is an estimated increase of $68,409 over the on-premises version of EnerGov; however, this increase will be partially offset by the new 5% Technology Fee on all building and planning permits that was recently included in the new Development User Fee Schedule approved by the City Council on April 8, 2025.
The first year cost of the proposed cloud-based EP&L software is not included in the draft FY 2025-2027 biennial budget. The expected cost is $48,440 for the first year. The unencumbered funds from the FY 2024-2025 budget in Computer Hardware & Software (Fund No. 100-195-940000) is $95,000, which is more than sufficient to pay for the first year of the cloud-based EP&L software implementation in the amount of $48,440. The second year cost of the proposed cloud-based EP&L software is included in the draft FY 2025-2027 biennial budget in the amount of $50,378.
The estimated two-year cost of enhanced assist support packages from Tyler is estimated to cost $110,000. This proposed cost has been budgeted in the draft FY 2025-