Laguna Hills City Council
October 28, 2025

Item No. 4.11
application was submitted on January 23, 2025. On April 18, 2025, staff notified the Applicant that the application was officially determined to be complete. Staff reviewed the entire application for consistency with applicable development standards in accordance with Gov. Code §65589.5. On June 17, 2025, a letter was sent to the Applicant identifying reasons the proposed Project is, or potentially is, inconsistent, not in compliance, or not in conformity with City plans, programs, policies, ordinances, standards, and requirements. On September 26, 2025, the Applicant resubmitted their application and notified the City of its position that the Project is exempt from review under CEQA pursuant to AB 130. Staff is reviewing the application and evaluating the Project's eligibility for the AB 130 CEQA exemption.

Accordingly, the City sent a notice to the tribes of the tribal consultation process under AB 130. The tribes have 60 days to request consultation.

Case Number USE-0166-2023 (SDP/TPM/PUP/PP)
Project Location 24422 Avenida de la Carlota, Oakbrook Plaza Project
Description
A request to construct a new 240-unit senior living apartment complex in a 7-story, podium-style development with four residential levels located above four parking levels, including one subterranean parking level. The existing office building on site will remain, with parking for the office building provided in the new parking structure.

Applicant Matt Haugen, BSP Oakbrook LLC
Project Planner Adam Pisarkiewicz, Contract Planner
Status On April 11, 2024, a letter was sent to the Applicant deeming the Application complete. On June 10, 2024, a letter was sent to the Applicant identifying reasons the proposed Project is, or potentially is, inconsistent, not in compliance, or not in conformity with City plans, programs, policies, ordinances, standards, and requirements. On July 30, 2024, a letter was sent to the Applicant identifying additional technical review comments. In response to the technical comments from the City, the Applicant resubmitted plans to the City on April 1, 2025, and an updated traffic analysis

Item No. 4.11
on April 15, 2025. On June 11, 2025, Staff notified the Applicant of additional comments based on a further technical review that will need to be addressed prior to scheduling the project for a public hearing. On July 17, 2025, the Applicant resubmitted documents related to the City's technical review comments. The Applicant resubmitted plans to address staff's comments on July 21, 2025 and August 25, 2025. On July 16, 2025, the City sent out notices inviting Native American Tribes the opportunity to consult on the environmental review process pursuant to CEQA and AB 52. On July 24, 2025, the Project Applicant notified the City of its position that the Project is exempt from review under CEQA pursuant to the newly enacted AB 130. Accordingly, the City sent a new notice to the tribes of the revised tribal consultation process under AB 130. The tribes have 60 days to request consultation. Staff is evaluating the project's eligibility for the AB 130 CEQA exemption.

Case Number USE-0165-2023 (ZTA/TTM/SDP)
Project Location 23272 – 23282 Mill Creek Drive
Project
Description
Request to construct 48 detached residential condominium units.

Applicant John Stack, on behalf of KB Spectrum Summit Plaza, LLC Project Planner Jay Wuu, Senior Planner
Status On May 3, 2024, a letter was sent to the Applicant deeming the Application complete. On August 28, 2024, a letter was sent to the Applicant identifying additional technical review comments and informing the Applicant of significant design concerns. On October 29, 2024, the Applicant submitted an application for a larger development that includes this property. Staff is currently awaiting a withdrawal of the Application or resubmittal of plans.

The Applicant has stated that they do not intend to withdraw the application until the newer application is closer to entitlement.

Case Number USE-0195-2024 (SDPM)
Project Location 24795 Alicia Parkway

Item No. 4.11
Project
Description
Converting an existing full service carwash to an express carwash.

Applicant A&S Engineering, on behalf of Southland Property Investments, LLC
Project Planner Jay Wuu, Senior Planner
Status The application was submitted on November 12, 2024. The most recent letter stating that the application remained incomplete with a list of items needed to continue processing the application was sent to the Applicant on May 14, 2025. Staff is currently awaiting resubmittal of plans; the item will be scheduled for public hearing when ready.

Case Number USE-0172-2024 (CPMA)
Project Location 23521 Paseo de Valencia
Project
Description
Request to construct carports in the Taj Mahal parking lot to accommodate solar panels.

Applicant Alisha Cosio, on behalf of Valta Energy
Project Planner Jay Wuu, Senior Planner
Status On March 29, 2024, a letter was sent to the Applicant deeming the Application incomplete. Staff is currently awaiting resubmittal of plans; the item will be scheduled for public hearing when ready.

Attachments:

None

Item No. 5.5.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Chair and Agency Members
From: Jennifer Lowe, Community Development Director
Kaden Likins Contract Assistant Planner
Issue: Conditional Use Permit (CUP) No. USE-0233-2025, a request by Adrian Freire of Mudd Industries, Inc. on behalf of property owners, Albert Ong and Jaynie Poon, for Approval of a Proposed Roof Deck on a Detached Rear Yard Accessory Structure Located at 25526 Lone Pine Circle
Recommendation: That the Planning Agency:

1. Conduct a public hearing;

2. Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3, New Construction or Conversion of Small Structures); and

3. Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Conditional Use Permit (CUP) No. USE-0233- 2025, a Request by Adrian Freire of Mudd Industries, Inc. on Behalf of Property Owners, Albert Ong and Jaynie Poon, for Approval of a Roof Deck Above a New Detached Rear Yard Accessory Structure with an Attached Patio Cover at 25526 Lone Pine Circle, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Article 19 Section 15303 (Class 3, New Construction or Conversion of Small Structures).”
Background:

The subject residential property, located at 25526 Lone Pine Circle, is within the Estate

Item No. 5.5.1
Residential (ER) zoning district and the Nellie Gail Ranch Community. The property is approximately 35,600 square feet in area and consists of an approximately 6,010 square foot single-family home. Existing conditions for the site include the primary residence and a portion of the rear yard at grade level with the street; however, the rear portion of the lot includes a downward slope to the properties below. The portion of the rear yard at grade level consists of a pool, deck, covered patio, and a sunken firepit. The firepit and covered patio are proposed to be removed. The property submitted plans for a building permit (BLDR-0137-2025) for the addition of a detached 820-square-foot gym with an 820-square-foot roof deck and a 470-square-foot covered patio attached. Figure 1 below is a vicinity map of the Project:

Authority:

Laguna Hills Municipal Code (“LHMC”) Chapter 9-40 (Design Regulations and Standards) provides general design guidelines and development standards to assist applicants in designing projects. LHMC Section 9-40.180 specifies that roof decks may be permitted, subject to the approval of a conditional use permit (“CUP”).

The review process for a CUP is detailed in LHMC Section 9-92.080(C), which establishes the procedure the City must follow when evaluating such requests. CUPs are used to evaluate uses that may have a moderate to high potential impact on adjacent properties or the surrounding community, particularly due to their operational characteristics. When appropriate, a CUP may be approved with specific conditions to ensure the proposed use is compatible with the neighboring uses and consistent with community standards.

LHMC Section 9-40.180 (Roof Decks) specifies that roof decks are subject to the approval of a CUP. Additionally, LHMC Section 9-70 (Accessory Structures) provides regulations for specific accessory structures. Any accessory structure that is not listed or

Item No. 5.5.1
does not meet the standards defined in LHMC Section 9-70, is required to meet the standards of the applicable zoning district. Although the proposed roof deck is located on top of an accessory structure, the accessory structure and its use as a personal gym is not part of this application review. The accessory structure and its proposed use complies with the local development standards; therefore, the accessory gym is not subject to the proposed CUP.

Staff prepared findings demonstrating that the proposed CUP complies with the Zoning Code, Estate Residential zoning district, and the General Plan. These findings are stated in the Proposed Resolution of Approval (Attachment 1).

Proposal & Analysis:

Adrian Freire (“Applicant”), on behalf of the property owners, requests approval of CUP No. USE-0233-2025 to construct an approximately 820 square foot roof deck above a newly constructed detached gym located within the rear yard (Attachment 2). The Property Owners, Albert Ong and Jaynie Poon, are proposing to terrace the existing slope in the rear yard to support the construction of the detached accessory gym. Upon terracing the rear portion of the property, the highest point of the detached gym would be at grade with immediately accessible rear yard of the main residence. The Project was designed to allow the roof of the detached gym to also serve as a roof deck and expand the accessible area of the existing rear yard patio area.

A roof deck is not a defined accessory structure within LHMC Section 9-70. Therefore, it is subject to the development standards of the Estate Residential (ER) zoning district as detailed in LHMC Table 9-12.050. The proposed roof deck meets the standards of the Estate Residential zoning district. The required side setback back for an interior lot within the ER zoning district is eight feet (8’-0”). The roof deck is setback 10’-9” from the northern property line and approximately 80 feet from the southern property line.

The required rear setback for the Estate Residential zoning district is 25 feet and the roof deck is setback 33’-6” from the rear property line. The height of the roof deck atop the detached gym is 10’-8”, which is under the maximum height of 35 feet. The proposed roof deck has met the applicable development standards of the Estate Residential zoning district.

California Building Code requires that decks have a safety railing 42 inches in height. To ensure the roof deck complies with this requirement, and to diminish visual impact from any off-site location, the applicant is proposing a 42-inch handrail. The 42-inch handrail is not included in the 10’8” height of the detached gym structure. The height of the structure including the handrail is 14’2”, which remains compliant with the

Item No. 5.5.1
maximum height allowed.

Staff does not anticipate there to be adverse effects on the adjacent properties as the roof deck is setback further than the required side and rear setbacks. Additionally, the height of the roof deck complies with the allowed height of the zoning district. The property is a standard interior lot and with the proposed site improvements can accommodate the proposed roof deck. The design of the roof deck, with the detached gym below, results in the appearance of an extended rear yard patio.

Conclusion:

Staff recommends the Planning Agency approve the proposed CUP, subject to the conditions of approval in the attached resolution. The proposed roof deck complies with the requirements of the LHMC, Estate Residential zoning district and with the requirements of the General Plan Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Estate Residential designation is envisioned as single-family residential neighborhoods in hillside areas. The roof deck is compatible with the General Plan’s description of the desired uses, by providing an accessory structure for the single-family home. Therefore, Staff recommends approval of CUP No. USE-0233-2024.

Public Notice:

The proposed project was advertised in an adjudicated newspaper of general circulation on October 16, 2025. A total of 30 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property. To date, no comments have been received. Any written comments received will be distributed at the Planning Agency Public Hearing.

CEQA Findings:

Staff reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15303 (Class 3, New Construction or Conversion of Small Structures). A Class 3 categorical exemption consists of the construction and location of limited numbers of new, small facilities or structures. The proposed roof deck is consistent with the Class 3 categorical exemption as it is deemed an accessory structure to the property.

Item No. 5.5.1
Attachments:

1. Proposed Resolution of Approval

2. Project Plans

RESOLUTION NO. PA2025-10-28-X

A RESOLUTION OF THE PLANNING AGENCY OF THE

CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. USE-0233-2025, A

REQUEST BY ADRIAN FREIRE OF MUDD INDUSTRIES,
INC. ON BEHALF OF PROPERTY OWNERS, ALBERT ONG

AND JAYNIE POON, FOR APPROVAL OF A ROOF DECK

ABOVE A NEW DETACHED REAR YARD ACCESSORY

STRUCTURE WITH AN ATTACHED PATIO COVER AT
25526 LONE PINE CIRCLE, INCLUDING AN EXEMPTION

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PER CEQA GUIDELINES ARTICLE 19 SECTION
15303 (CLASS 3, NEW CONSTRUCTION OR

CONVERSION OF SMALL STRUCTURES)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Adrian Freire, Project Applicant (the “Applicant”) on behalf of Property Owner’s Albert Ong and Jaynie Poon (the “Property Owners”), has filed an application for Conditional Use Permit (CUP No. USE-0233-2025), a request for approval of a roof deck on a detached accessory structure located at 25526 Lone Pine Circle, in the Estate Residential zoning district (“Project”); and WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19 Section 15303 (Class 3, New Construction or Conversion of Small Structures). This exemption applies to the construction and location of limited numbers of new, small facilities or structures; and
WHEREAS, Approval of a conditional use permit is required pursuant to Laguna Hills Municipal code (LHMC) Section 9-40.180 for the Project, inclusive of the development of “roof deck” on top of an Accessory Structure used as a gym; and WHEREAS, on October 28, 2025, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF

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

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

Resolution No. PA2025-10-28-X

SECTION 2. That Planning Agency hereby determines that the required findings by the City for approval of Conditional Use Permit CUP No. USE0233-2025 have been met and made as follows:

Conditional Use Permit

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

The proposed use complies with all requirements of the General Plan, and is consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Estate Residential (ER) zoning district as low density, rural and equestrian-oriented. In addition, typical uses allowed by the Estate Residential designation consists of large lot single family homes that permit the keeping of large animals. Land Use Policy LU-2.1 encourages the preservation of the distinctive character of residential neighborhoods by applying adopted design standards to new renovation projects.

The proposed roof deck is an accessory structure to the primary residential use and compatible with the General Plan description of the desired uses in the Estate Residential. The roof deck provides an accessory use to an existing hillside lot single family home and conforms to the City adopted development and design standards.

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

The subject property is located within the Estate Residential (ER) zoning district.

All development within this zoning district is subject to the development standards as detailed in the Laguna Hills Municipal Code Section 9-12 ER Estate Residential District and Section 9-70 Accessory Structures. The roof above the accessory structure expanding the collective grade level patio area is to constitute as a “roof deck” structure as both are intended to become occupied areas on top of flat roof flat roof structure. The proposed roof deck meets all applicable development standards of accessory structures. The design of the roof deck, with the Accessory Structure, results in the appearance of an extended rear yard patio with the accessory structure constructed into the hillside.

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

The subject property is approximately 35,600 square feet in area and is a standard interior residential lot. The property is a hillside property and due to the downslope nature of the lot, the property owner will be terracing the lot to accommodate the addition of the accessory structure. The design of the roof deck, with the accessory structure below, results in the appearance of an extended rear yard patio.

4. All required development standards prescribed by this code can be achieved.

Resolution No. PA2025-10-28-X

The subject property is typical of other residential properties in the Estate Residential (ER) zoning district and Accessory Structures. The proposed roof deck has met all applicable development standards as detailed within LHMC section 9-

70. Due to the large size of the lot, the roof deck location exceeds required setbacks from property lines, resulting in limited impact to the neighboring properties. Additionally, the height of the roof deck complies with the height regulations of the zoning district and is level with the existing rear yard of the main residence.

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

Conditions of approval are included to ensure that the proposed roof deck is designed, engineered, and built in accordance with Laguna Hills Municipal Code and California State Building Code. Such conditions include that the roof deck will comply with the standards of the zoning district and the property will follow the property maintenance standards. These conditions help to ensure that the roof deck will have no significant adverse impacts on the adjacent properties.

NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve CUP No. USE-0233-2025 subject to the following conditions:

General

1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: Adrian Freire, Project Applicant, and Albert Ong and Jaynie Poon, Property Owners, the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.

2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Conditional Use Permit (CUP) No. USE-0233-2025, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the project, and as otherwise modified by these Conditions of Approval.

3. Unless the context dictates otherwise, whenever the term “project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the project, as modified by these Conditions of Approval.

4. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, attorneys, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any

Resolution No. PA2025-10-28-X

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

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

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

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

8. The conditions of project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or exactions.

The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this project through the Conditions of Approval, commencing from the date of approval of the project, has begun.

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

10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from October 28, 2025.

Resolution No. PA2025-10-28-X

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

Permitting

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

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

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

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

16.The Applicant shall submit Construction and Demolition Waste Recycling Program paperwork if applicable, prior to issuance of permits, as required by Laguna Hills Municipal Code Chapter 5-48 and to comply with mandates of CalRecycle.

17.All documents required for permit issuance shall be accurately labeled and reflect all work, as required by Title 10 of the LHMC and the Building Code of the City of Laguna Hills.

18.The Applicant shall comply with all development standards, as required by LHMC 9-12.

19.The Applicant shall comply with all development standards, as required by LHMC 9-70.

20.The Applicant shall comply with all property maintenance standards, as required by LHMC 9-74.

PASSED, APPROVED AND ADOPTED this 28th day of October 2025. ____________________________________

JOSH SWEENEY, CHAIR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

Resolution No. PA2025-10-28-X

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. PA2025-10-28-X adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 28th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

PROPERTY LINE 90.61'
PROPERTY LINE 97.39'
PROPERTY LINE 81.87'
PROPERTY LINE 194'
PROPERTY LINE 277.74'
PROPERTY LINE 47.52' Sheet Index: T-1 Title Sheet A-1 Site Plan A-2 Floorplan and Elevations Project: Ong & Poon Residence Owner: Albert Ong & Jaynie Poon 25526 Lone Pine Circle, Laguna Hills, CA 92653 Scope: · New deck · New gym and storage structure with patio cover Legal Description: Assessor's Parcel Number (APN): 636-151-03, Lot 141, Tract 9293 in the City of Laguna Hills, County of Orange, State of California. NTS NORTH SITE MAP SCOPE OF WORK no. d a t e description d r a w n c h e c k e d d a t e scale 7.17.2025 AFTM 25526 Lone Pine Circle, Laguna Hills, CA 92653
2ng Poon 5esidence 26062 Merit Circle, Suite 107 Laguna Hills, CA 92653 949.716.7002 www.muddinc.com s h e e t t i t l e s h e e t no. r e v i s i o n s no. d a t e description title sheet T-1d r a w n c h e c k e d d a t e scale AFTM PROJECT INFORMATION MUDD INDUSTRIES, INC. EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHTS AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE REPRODUCED CHANGED, OR COPIED IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE WRITTEN PERMISSION OF MUDD INDUSTRIES INC. IN THE EVENT OF UNAUTHORIZED USE OF THESE PLANS BY ANY THIRD PARTY THE CLIENT AGREES TO HOLD HARMLESS INDEMNIFY AND DEFEND MUDD INDUSTRIES, INC. FROM ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED REPRODUCTION. 2022 CALIFORNIA GREEN BUILDING CODE 1. DESIGN SHALL COMPLY WITH THE 2022 CBC, CMC, CPC AND CEC AS AMENDED BY THE CITY ORDINANCE AND THE 2022 CALIFORNIA GREEN BUILDING CODES. GREEN BUILDING STANDARDS 1. ADHESIVES, SEALANTS, AND CAULKS SHALL BE COMPLIANT WITH VOC AND OTHER TOCIX COMPOUND LIMITS PER THE CGBS SECTION 4.504.2. - PAINTS, STAINS AND OTHER COATINGS SHALL BE COMPLIANT WITH VOC LIMITS - AEROSOL PAINTS AND COATING SHALL BE COMPLIANT WITH PRODUCT WEIGHTED MIR LIMITS FOR ROC AND OTHER TOXIC COMPOUNDS. - DOCUMENTATIONS SHALL BE SUPPLIED FOR FINISH MATERIALS THAT HAVE BEEN USED- PARTICLEBOARD, MEDIUM DENSITY FIBERBOARD (MDF), AND HARDWOOD PLYWOOD USED IN INTERIOR FINISH SYSTEMS SHALL COMPLY WITH LOW FORMALDEHYDE EMISSION STANDARDS. REINFORCED CONCRETE 1. ALL REINFORCED CONCRETE MATERIALS AND CONSTRUCTION SHALL CONFORM TO CBC 2022. 2. REINFORCING STEEL SHALL CONFORM TO ASTM A615. GRADE 40 FOR SIZE #3 AND #4 AND GRADE 60 FOR SIZE #5 AND LARGER. 3. CONCRETE SHALL BE PROPORTIONED TO PROVIDE A MINIMUM COMPRESSIVE STRENGTH EQUAL TO 4500 PSI (28 DAYS) TYPE 5 CEMENT Water / Cement RATIO = 0.45 BELOW GRADE, OTHERWISE TO REMAIN 2500 PSI. SPECIAL INSPECTION REQUIRED. WOOD 1. ALL WOOD MEMBERS TO BE DOC PS20 DOUGLAS FIR - LARCH. 2. ALL PLYWOOD / OSB TO BE DOC PS1 OR PS2. 3. ALL MEMBER SIZING AND HARDWARE TO BE PER DETAILS IN THESE PLANS. NOTE: THE DISCHARGE OF POLLUTANTS TO ANY STORM DRAINAGE SYSTEM IS PROHIBITED. NO SOLID WASTE, PETROLEUM BYPRODUCTS, SOIL PARTICULATE, CONSTRUCTION WASTE MATERIALS, OR WASTE WATER GENERATED ON CONSTRUCTION SITES OR BY CONSTRUCTION ACTIVITIES SHALL BE PLACED, CONVEYED OR DISCHARGED INTO THE STREET, GUTTER OR STORM DRAIN SYSTEM. NOTE: OWNER TO PROVIDE HOUSE STREET NUMBERS VISIBLE AND LEGIBLE FROM STREET. THE RESIDENCE SHALL BE EQUIPPED WITH EXIT ALARMS ON THOSE DOORS PROVIDING DIRECT ACCESS TO THE POOL. Project Data: Home Footprint Area: 6,010 sq.ft. Home 1st Floor Area: 3,510 sq.ft. Home 2nd Floor Area: 2,500 sq.ft. Property Area: 36590.4 sq.ft. New Deck: 820 sq.ft. Gym Area: 820 sq.ft. Patio Cover Area: 470 sq.ft. Construction Type: VB Occupancy Classification:

U Lot Coverage: 18.67% LOT COVERAGE ITEMIZED TABLE SOLID ROOF STRUCTURES SQUARE FOOTAGE LOT CALCULATION HOUSE 6,010 SQ.FT. (6,010+820)/(36,590.4) X (100%) NEW DECK/GYM 820 SQ.FT. LOT .84 ACRES / 36,590.4 SQ.FT. 18.67% LOT COVERAGE 25526 Lone Pine Circle, Laguna Hills, CA 92653 2ng Poon 5esidence Project Coordinator: Mudd Industries, Inc. 26062 Merit Circle, Suite 107 Laguna Hills, California 92653 (949) 716-7002 Structural Engineer: Burgess Engineering Group 27758 Santa Margarita Pkwy #204, Mission Viejo, California 92691 (949) 436-1637 VICINITY MAP NTS NORTH 25526 LONE PINE cR
CA - 71

LONE PINE CR

STAGELINE DR

RAPID FALLS RD

HIDDEN TRAIL RD

GREENFIELD DR

PA PA PA PA PA PA PA PA PA PA PA PA PA PA EXISTING DECK TO REMAIN EXISTING PROPERTY LINE WALL EXISTING POOL AND SPA PA CONCRETE STEPS ON SLOPE TO REPLACE RAILROAD TIE STEPS EXISTING PAVING AND PLANTING AREAS TO REMAIN CONCRETE LANDING AND STEPPING PADS EXISTING WALLS TO REMAIN EXISTING WALLS TO REMAIN NEW DECK, WITH TRAVERTINE TILES AND 42" HANDRAILS, ABOVE GYM STRUCTURE, SEE FLOORPLAN (A) ON SHEET A-2 EXISTING PALM TREES ALONG PROPERTY LINE FENCE TO REMAIN EXISTING PALM TREES ALONG PROPERTY LINE FENCE TO REMAIN EXISTING PALM TREES ALONG PROPERTY LINE FENCE TO REMAIN EXISTING PALM TREES ALONG STAIRS TO REMAIN EXISTING SOLAR PANELS TO REMAIN CONCRETE STEPS TO REPLACE EXISTING RAILROAD TIE STEPS NEW GYM/STORAGE STRUCTURE WITH ATTACHED LATTICE PATIO COVER, FRAMING PLAN ON SHEET S-2 EXISTING PROPERTY LINE FENCE EXISTING PROPERTY LINE FENCE EXISTING PROPERTY LINE FENCE EXISTING PROPERTY LINE FENCE EXISTING PROPERTY LINE WALL EXISTING GATE AND ARBOR TO BE REPLACED WITH SIMPLE REDWOOD GATE 17'-11" 52'-8" 10'-9"
43'-3"
44'-6"
18'
8'
PROPERTY LINE 90.61'
PROPERTY LINE 97.39'
PROPERTY LINE 81.87'
PROPERTY LINE 194'
PROPERTY LINE 277.74' DG PAVING AT GYM STRUCTURE
24'-10"
A-2B
A-2
C
A-2
D GRAVEL SUMP, SEE DETAIL (D) ON SHEET A-2
E NEW 1" CONDUIT, CONNECT SUBPANEL FROM GYM TO MAIN PANEL EXISTING GRAVITY WALL TO REMAIN EXISTING BBQ / PATIO COVER TO REMAIN EXISTING GRAVITY WALL TO REMAIN EXISTING WALL TO REMAIN LOW RETAINTING WALL FOR PLANTER, 30" MAX HEIGHT 483.96 FS
483.96 FS
DECK 494.82 FS
(495.00) TOW
(493.00) BOW
(495.00) FS
(478.00) FS
(474.00) FS
(472.00) FS
(468.00) FS
(464.00) FS
(460.00) FS
(458.00) FS
(495.00) TOW
(492.00) BOW EXISTING CONCRETE PAD WITH FOUNTAIN TO REMAIN IF POSSIBLE GYM 484.55 FFE SITE PLAN SCALE: 1" = 10' no. d a t e description d r a w n c h e c k e d d a t e scale 7.17.2025 AFTM 25526 Lone Pine Circle, Laguna Hills, CA 92653
2ng Poon 5esidence 26062 Merit Circle, Suite 107 Laguna Hills, CA 92653 949.716.7002 www.muddinc.com s h e e t t i t l e s h e e t no. r e v i s i o n s no. d a t e description site plan A-1d r a w n c h e c k e d d a t e scale AFTM MUDD INDUSTRIES, INC. EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHTS AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE REPRODUCED CHANGED, OR COPIED IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE WRITTEN PERMISSION OF MUDD INDUSTRIES INC. IN THE EVENT OF UNAUTHORIZED USE OF THESE PLANS BY ANY THIRD PARTY THE CLIENT AGREES TO HOLD HARMLESS INDEMNIFY AND DEFEND MUDD INDUSTRIES, INC. FROM ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED REPRODUCTION. NOTE: - All trees and shrubs on rear slope to remain, repair or replace as necessary. Fill in perimeter screen plants and trees along property line fencing as necessary for required screening. - Most fruit trees to remain, clear out dead ones as necessary. - Patio cover, doors, windows and walls in gym/storage structure will match house colors and design.

NORTH

GYM STORAGE
17'-6" 44'-6" 9'-3"
17'-1" 33'-3"
17' 3'-3" 6' 10' 6' 10' 6' 3'-3"
2'-6" 5' 10' LED HIGH EFFICACY CAN LIGHTS CONVENIENCE OUTLETS (TYP) SCONCE LED (TYP) 18'-4" WOOD TRIMMED POSTS (TYP), COLOR TO MATCH HOUSE COLUMN BASE, STUCCO WITH PRECAST CONCRETE CAP, MATCH HOUSE COLOR LOW RETAINING WALL, STUCCO TO MATCH HOUSE WITH ROLLED CAP, 30" MAX HEIGHT ATTACHED LATTICE PATIO COVER, COLOR TO MATCH HOUSE TRIM EXISTING GRAVITY WALL EXISTING GRAVITY WALL 14'-6" 14'-6" 14'-6" NEW 42" IRON HANDRAIL, POSTS TO BE 1-1/2" SQUARE STEEL TUBES SPACED 5' O.C., GAP BETWEEN BALUSTER TO BE LESS THAN 4" O.C. 7'-9" 2'-11"
10'-8"
2:1 SLOPE
EXISTING 2.5:1 SLOPE
8'-6" EXISTING GRAVITY WALL
2'-3"
3'-6"
8'-6"
9'
2'-11" 7'-2"
10'
11' 7' 19'-6"
1'-5"
EXISTING 2.5:1 SLOPE
EXISTING 2.5:1 SLOPE
2:1 SLOPE
1' 3' GRAVEL SUMP EXISTING PROPERTY FENCE
10'-8"
BEDROCK 5'-3"
1'
2'
16'-7" H MINIMUM FOOTING H/3 SETBACK = 5' - 3"

BEDROCK
3'-6" EXISTING GRAVITY WALL no. d a t e description d r a w n c h e c k e d d a t e scale 7.17.2025 AFTM 25526 Lone Pine Circle, Laguna Hills, CA 92653
2ng Poon 5esidence 26062 Merit Circle, Suite 107 Laguna Hills, CA 92653 949.716.7002 www.muddinc.com s h e e t t i t l e s h e e t no. r e v i s i o n s no. d a t e description floor plan & elevations A-2d r a w n c h e c k e d d a t e scale AFTM SCALE: 1/4" = 1' - 0" MUDD INDUSTRIES, INC. EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHTS AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE REPRODUCED CHANGED, OR COPIED IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE WRITTEN PERMISSION OF MUDD INDUSTRIES INC. IN THE EVENT OF UNAUTHORIZED USE OF THESE PLANS BY ANY THIRD PARTY THE CLIENT AGREES TO HOLD HARMLESS INDEMNIFY AND DEFEND MUDD INDUSTRIES, INC. FROM ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED REPRODUCTION. SCALE: 1/4" = 1' - 0" NOTE: - All wood members to match house colors. - All doors and windows will match existing house in color and style. C GYM / DECK ELEVATION - WEST FACING B GYM DECK ELEVATION - NORTH FACING D GYM / DECK SECTION A GYM / DECK FLOORPLAN SCALE: 1/4" = 1' - 0" GYM 50 AMP SUBPANEL FIXTURES QUANTITY WATTAGE LOAD CALCULATION CONVENIENCE OUTLETS 11 1,800W ((20,000W -10,000).4)+10,000 (240V) = 58.33 AMPS LED CAN LIGHTS 8 24W SCONCE (LED)
4 2W

Item No. 6.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Mayor and Council Members
From: Greg Simonian, City Attorney
Issue: Third Public Hearing to Consider Composition of Districts for Continuing the Process to Transition to By-District Elections
Recommendation: That the City Council:

1. Receive and file districting public participation presentation prepared by the City’s retained expert demographer National Demographics Corporation and

2. Conduct the Third Public Hearing necessary for continuing the process to transition to by-district elections, review and consider input regarding the composition of districts from interested members of the public, review districting process to date, review draft maps, and provide further direction to City staff.

Background:

Since incorporating as a city in 1991, members of the City Council of the City of Laguna Hills have been elected by the at-large method of election rather than the by-district election system; the at-large method of election is one in which the voters of the entire jurisdiction elect the members to the governing body; the by-district method of election is a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by the voters residing within that election district.

In 2002, the State Legislature enacted the California Voting Rights Act (“CVRA”), modifying burden of proof requirements contained in the federal Voting Rights Act of Public Hearing Item No. 6.1
will start promptly at 6:30p.m.

Item No. 6.1
1965 to make it much easier for plaintiffs to challenge the at-large system of elections for cities. The CVRA prohibits a public agency from using at-large elections if it impairs the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA includes the imposition of districtbased elections by a court as a remedy to violations of the Act, and requires the public agency to pay all legal and court fees should the plaintiff prevail in court.

In a letter received by the City Clerk on June 20, 2023, Michelle R. Jackson, an attorney representing an undisclosed registered voter and resident of the City of Laguna Hills, alleged that the City’s at-large elections system violates the CVRA because it results in “racially polarized voting” that dilutes the impact of Latino voters. The 2023 letter demanded that the City voluntarily change its at-large system for electing City Council members to a district-based system to avoid litigation. The initial demand letter failed to identify the name of the Prospective Plaintiff and contained no direct evidence of any racially polarized voting prepared by a qualified demographer. Despite repeated requests, attorney Michelle Jackson refused to identify the name of the Prospective Plaintiff.

On August 28, 2025, the City Clerk received a follow-up letter from attorney Michelle R.

Jackson, dated August 25, 2025, wherein Ms. Jackson referenced her initial June 20, 2023 letter and renewed her demand that the City voluntarily change from the current at-large election system to by-district elections. In her August 25, 2025 renewed demand letter, attorney Michelle Jackson identified for the first time the Prospective Plaintiff as being the “Voter Equality Association” and “Arthur Sanchez,” a registered voter in the City, and provided the City with some additional information regarding her assertion that the City’s at-large election system violates the California Voting Rights Act; however, once again failing to provide any direct evidence of racially polarized voting prepared by a qualified demographer. In her August 25, 2025 renewed demand letter, Ms. Jackson once again demanded that the City voluntarily change to by-district elections and threatened litigation should the City fail to voluntarily change to bydistrict elections.

In response to Ms. Jackson’s renewed CVRA claim, and after identifying the name of the Prospective Plaintiff, the City Council adopted a Resolution of Intent to Transition to ByDistrict Elections at its September 23, 2025 regular meeting, in advance of the October 15, 2025 deadline imposed by Ms. Jackson.

Item No. 6.1
Discussion:

Process and Schedule for Transitioning to Districts
Before adopting district-based elections, the City must prepare a draft map or maps for public review and consideration; however, pursuant to State law, before drawing any maps, the City was required to first hold at least two public hearings over a period of no more than 30 days for the purpose of allowing interested members of the public the opportunity to provide input regarding the composition of the districts. The first public hearing was held on October 7, 2025. The second of the two “pre-map” public hearings was conducted on October 14, 2025. The actual map drawing process by the City began after the completion of the first two public hearings. Additionally, the City recently held a community workshop on October 15, 2025, where members of the public were provided information on the districting process, were invited to participate in the map drawing process, and were invited to provide input on the composition of the districts.

Following closure of the second public hearing, and based on the recommendation of National Demographics Corporation (NDC), the City’s retained expert demographer, the City Council directed that draft maps be presented for public review and comment at two subsequent public hearings (i.e., at public hearings three and four). The City has the option of establishing viable map options for both five-districts, and four-districts plus a directly elected at-large mayor, however, that direction was not given by the Council at the conclusion of the second public hearing. Proposed draft maps will be presented for public review and comment at the two subsequent public hearings.

Pursuant to State law, the final third and fourth public hearings must be conducted within 45 days of each other. A copy of NDC’s districting presentation for the third public hearing is attached hereto (Attachment “1”).

Interested members of the public were provided with an opportunity to submit draft maps, prior to the first October 17, 2025, deadline for community maps in order to be considered by the City Council at the third public hearing on October 28, 2025. The proposed draft maps are required to be provided for the public's review at least seven days prior to the third and fourth public hearings. As such, the draft maps for the Council's consideration during the October 28, 2025 third public hearing were posted on the City's website on October 21, 2025, in accordance with state law.

Draft Maps
The City's retained demographic consultant, National Demographics Corporation (NDC), prepared three draft maps for the Council's consideration, and one Community of

Item No. 6.1
Interest submission was timely received from interested members of the public. This submission was analyzed and reviewed by NDC.

The Community of Interest submission was not a full map and cannot be adopted as-is, but was nevertheless given the same treatment by the consultant. It identifies an area centered on MacKenzie and Knotty Pine Parks between Paseo de Valencia, Alicia Parkway and the city border. The area comprises about 80% of a district and was used by the consultant in preparing Maps 101, 102, and 103.

A summary of the population deviation for each of the full draft maps presented during this third public hearing is set forth in the table below.

Proposal Number Number of Districts Deviation (must be under 10%) Map 101 5 9.1%
Map 102 5 6.7%
Map 103 5 8.7%
Community of Interest A 1 n/a
In addition to being population balanced and contiguous, the final adopted map must comply with the other federal and state requirements that were discussed at the first two public hearings (compliance with the Federal Voting Rights Act; avoiding racial gerrymandering; avoiding divisions of neighborhoods and communities of interest; following major visible features such as roads and rivers; and being compact). These other criteria are more subjective and less conducive to a simple yes/no analysis or simple summary table. Copies of the proposed draft maps, including the Community of Interest submission, with accompanying demographic analysis and population breakdown, are attached hereto (Attachment “2”).

The purpose of public hearings three and four is for the City Council to review the maps, narrow the list of viable maps, begin the process of selecting a preferred draft map that is appropriate for the City, and selection of the final map. No final decision will be made on the preferred map during the third public hearing; however, the City Council may narrow the pool of maps through a non-binding selection of “focus” maps, possibly including declaring a preference for four-district or five-district maps.

Sequence of Elections
At the time of map adoption, the City Council will also need to determine the sequencing of the elections, which means that the Council will need to decide which districts will have elections on which election dates. A draft sequence of elections

Item No. 6.1
(Attachment "3") is required as part of posting; however, the City Council will ultimately select the final sequence upon adoption of the final map.

Upcoming Opportunities to Comment on Maps
A second community workshop is currently scheduled for 6:00 p.m. on Thursday, November 6, 2025, in Heritage Room A of the Laguna Hills Community Center, 25555 Alicia Parkway, Laguna Hills, California 92653. The final deadline for map submissions from members of the community is 5:00p.m., Friday, November 7, 2025.

The fourth public hearing for the Council to consider the proposed draft maps and to select the final map, as well as the sequencing of the elections, including the introduction and first reading of an Ordinance Implementing By-District Elections, is scheduled for November 18, 2025. Final map and the sequencing of elections are scheduled to be adopted by the City Council, including the second reading and adoption of the Ordinance Implementing By-District Elections, on December 9, 2025.

Interested members of the public are also encouraged to continue to provide input via email to the City Clerk at [email protected].

Districting information is featured on the City’s website at the following official City web address: https://www.lagunahillsca.gov/districting. In addition, the City’s website will be populated with information about how the public can participate and also provide answers to frequently asked districting questions.

Conclusion:

The creation and approval of voting district maps is intended to be a transparent, interactive public process. Voting district maps must be prepared in compliance with certain State and Federal requirements; therefore, the use of qualified expert demographer is required. Of import is Elections Code Section 10010(b), which provides that, in determining the sequence of the district elections, the city council shall give special consideration to the purposes of the CVRA and it shall take into consideration the preferences expressed by members of the districts. The districting process must also include consideration of the following criteria when drawing district maps:
1) geographically contiguous; 2) undivided neighborhoods and “communities of interest”; 3) easily identifiable boundaries/ natural geographic boundaries; 4) compactness; and 5) all voting districts be as nearly equal in population as possible.

Finally, federal caselaw prohibits drawing districts with race as a predominate factor.

Item No. 6.1
Attachments:

1. Draft Map Presentation, Prepared by National Demographics Corporation

2. Draft Maps and Communities of Interest

3. Draft Sequence of Elections

City of Laguna Hills
Draft Map Presentation
Dr. Justin Levitt, Vice-President
National Demographics Corporation October 28, 2025

2 Districting Process 1
Step Description
Held prior to release of draft maps.

Education and to solicit input on the composition of districts.

Two Initial Hearings
October 7 & 14, 2025
Community Workshop Education and to solicit input on the composition of districts.

October 15, 2025
Maps must be in by 5 pm
Last day to receive maps for processing for the October 28th Public Hearing
First Deadline for Community
Maps
October 17, 2025
Maps must be posted at least 7 days prior to 3rd Release draft maps hearing.

October 21, 2025
First of two meetings to discuss and revise the draft maps and to discuss the election sequence.

Third hearing on the draft maps
October 28, 2025
6 pm at the Laguna Hills Community Center
Community opportunity to discuss draft maps
Community Workshop
November 6, 2025
October 28, 2025

3 Districting Process 2
Step Description
Maps must be in by 5 pm
Last day to receive maps for processing for the November 18th Public Hearing
Second Deadline for Community
Maps
November 7, 2025
Maps must be posted at least 7 days prior to 4th Release revised maps hearing.

November 11, 2025
Second of two meetings to discuss and revise the draft maps and to discuss the election sequence.

Fourth hearing on the draft maps
November 18, 2025
Final map and sequence must be posted at least 7 days prior to adoption.

Map Adoption
December 9, 2025
First election First elections in new districts in 2026 & 2028 November 3, 2026
October 28, 2025

4 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
“Shall not adopt election district
boundaries for the purpose of
favoring or discriminating against
an incumbent, political candidate,
or political party.”

1. Federal Laws 2. California Criteria
In prioritized order:

1. Geographically contiguous

2. Avoid division of
neighborhoods and
“communities of interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)

2. California Prohibition
Districting Rules and Goals
Future population growth

3. Other Traditional
Redistricting Principles
October 28, 2025

5 All maps are also available on the Interactive Web
Viewer
Draft Maps
October 28, 2025

6 Community of
Interest Map A
October 28, 2025

7 Map 101
October 28, 2025
Population Deviation: 9.1%

8 Map 102
October 28, 2025
Population Deviation: 6.7%

9 Map 103
October 28, 2025
Population Deviation: 8.7%

10 Sequence of Elections
 Elections Code §10010 requires inclusion of a
proposed sequence of elections alongside published
draft maps. However, §21130 requires that the
districting body not consider the location of current
Councilmembers.
 To that extent, we include an example sequence of
elections for all maps that can be modified by the
Council before final adoption:
 2026 – Districts 1, 3, and 5
 2028 – Districts 2 and 4
October 28, 2025

11 Share Your Thoughts
Website
https://maplh.org/
Email
[email protected]
Phone
(949) 707-2630
October 28, 2025

5 1
3 A
2 4
Moulton Pky
Alicia
Pky
Los Alisos Blvd
Oso Pky
Pso De Valencia
El Toro Rd
Lake Forest Dr
Santa Maria Ave
Pso De Vale
La
Paz
Rd
5 Nellie Gail Center
Dinosaur
Veeh Ranch
Cabot
Moulton Ranch
Santa Vittoria
Gallup
Dapple Grey Oso/Pacific
Stockport
Mendocino
Knotty Pine
Costeau
Clarington
Mandeville
Sheep Hills
MacKenzie
Beckenham
Hidden Trail
Moulton
El Conejo
San Remo
City of Laguna Hills
Districting 2025
Map 101
©2021 CALIPER

Map 101
District 1
Total Pop 6,067
Deviation from ideal -213
% Deviation -3.39%
% Hisp 25.3%
% NH White 50%
% NH Black 2%
% Asian-American 20%
Total 4,372
% Hisp 20%
% NH White 60%
% NH Black 1%
% Asian/Pac.Isl. 17%
Total 3,683
% Latino est. 19%
% Spanish-Surnamed 17%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 70%
% NH Black 2%
Total 2,169
% Latino est. 15%
% Spanish-Surnamed 13%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 74%
% NH Black 2%
Total 3,293
% Latino est. 17%
% Spanish-Surnamed 15%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 5,781
age0-19 17%
age20-60 54%
age60plus 29%
immigrants 33%
naturalized 76%
english 66%
spanish 16%
asian-lang 10%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 51%
bachelor 28%
graduatedegree 14%
Child in Household child-under18 20%
Pct of Pop. Age 16+ employed 67%
income 0-25k 11%
income 25-50k 8%
income 50-75k 16%
income 75-200k 50%
income 200k-plus 14%
single family 75%
multi-family 25%
rented 34%
owned 66%
Total population data from the 2020 California Adjustment to the Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2019-2023 American Community Survey and Special Tabulation 5-year data.
2 6,575
295

4.70%
31%
47%
2%
18%
4,630
22%
61%
2%
12%
3,641
21%
19%
7%
2%
63%
7%
2,031
14%
12%
7%
2%
70%
8%
3,053
15%
13%
7%
2%
75%
3%
6,586
21%
54%
25%
25%
65%
65%
19%
6%
10%
13%
49%
30%
16%
32%
66%
7%
8%
8%
55%
23%
52%
48%
49%
51%
3 6,514
234

3.73%
18%
59%
2%
17%
4,642
14%
62%
0%
24%
4,635
13%
12%
9%
2%
73%
3%
2,957
11%
10%
8%
1%
76%
3%
4,147
11%
10%
9%
2%
76%
2%
6,358
24%
43%
33%
22%
68%
64%
11%
18%
7%
14%
41%
32%
19%
36%
53%
8%
5%
10%
46%
30%
100%
0%
9%
91%
4 6,238
-42
-0.67%
37%
43%
2%
15%
4,281
25%
50%
4%
18%
3,457
16%
14%
8%
2%
72%
2%
2,077
12%
11%
6%
1%
77%
2%
2,802
19%
17%
7%
2%
70%
2%
6,221
23%
53%
23%
28%
57%
60%
20%
8%
11%
21%
38%
37%
17%
26%
62%
16%
13%
9%
49%
13%
57%
43%
41%
59%
5 6,005
-275
-4.38%
7%
70%
1%
19%
4,766
5%
78%
0%
16%
4,651
6%
5%
11%
1%
82%
0%
3,021
5%
5%
8%
1%
86%
0%
4,171
5%
4%
10%
1%
84%
0%
6,210
21%
50%
29%
21%
83%
77%
4%
7%
12%
4%
24%
48%
26%
29%
63%
8%
6%
7%
25%
55%
81%
19%
16%
84%
Total
31,399
570

9.08%
24%
54%
2%
18%
22,690
17%
62%
2%
17%
20,067
14%
13%
9%
2%
72%
3%
12,256
11%
10%
7%
1%
77%
3%
17,466
13%
12%
8%
2%
76%
2%
31,156
21%
51%
28%
26%
69%
66%
14%
10%
10%
13%
41%
35%
18%
28%
62%
10%
8%
10%
46%
25%
72%
28%
31%
69%
10/21/2025 9:34 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

5 1
3 4
M
2 oulton Pky
Alicia
Pky
Los Alisos Blvd
Pso De Valencia
El Toro Rd
Lake Forest Dr
Santa Maria Ave
Pso De Vale
La
Paz
Rd
5 Nellie Gail Center
Dinosaur
Veeh Ranch
Cabot
Moulton Ranch
Santa Vittoria
Gallup
Dapple Grey Oso/Pacific
Stockport
Mendocino
Knotty Pine
Costeau
Clarington
Mandeville
Sheep Hills
MacKenzie
Beckenham
Hidden Trail
Moulton
El Conejo
San Remo
City of Laguna Hills
Districting 2025
Map 102
©2021 CALIPER

Map 102
District 1
Total Pop 6,558
Deviation from ideal 278
% Deviation 4.43%
% Hisp 25.5%
% NH White 49%
% NH Black 2%
% Asian-American 20%
Total 4,695
% Hisp 21%
% NH White 59%
% NH Black 1%
% Asian/Pac.Isl. 17%
Total 3,886
% Latino est. 19%
% Spanish-Surnamed 17%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 69%
% NH Black 2%
Total 2,285
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 74%
% NH Black 2%
Total 3,445
% Latino est. 17%
% Spanish-Surnamed 16%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 6,235
age0-19 17%
age20-60 54%
age60plus 29%
immigrants 33%
naturalized 76%
english 65%
spanish 16%
asian-lang 10%
other lang 9%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 50%
bachelor 29%
graduatedegree 14%
Child in Household child-under18 20%
Pct of Pop. Age 16+ employed 67%
income 0-25k 11%
income 25-50k 8%
income 50-75k 16%
income 75-200k 52%
income 200k-plus 13%
single family 68%
multi-family 32%
rented 40%
owned 60%
Total population data from the 2020 California Adjustment to the Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2019-2023 American Community Survey and Special Tabulation 5-year data.
2 6,201
-79
-1.26%
46%
37%
2%
13%
4,009
30%
58%
1%
9%
3,058
24%
21%
7%
2%
66%
2%
1,671
16%
14%
6%
2%
75%
2%
2,515
22%
20%
6%
2%
69%
3%
6,189
26%
51%
23%
28%
55%
59%
28%
4%
8%
19%
47%
30%
13%
40%
66%
8%
11%
3%
54%
24%
66%
34%
41%
59%
3 6,139
-141
-2.25%
20%
56%
2%
18%
4,158
13%
58%
2%
26%
4,192
15%
13%
9%
2%
66%
8%
2,583
12%
11%
8%
1%
70%
8%
3,638
13%
12%
8%
2%
74%
3%
6,058
24%
45%
30%
23%
66%
62%
13%
17%
7%
17%
40%
32%
19%
37%
56%
6%
5%
14%
51%
24%
81%
19%
24%
76%
4 6,218
-62
-0.99%
20%
58%
2%
18%
4,868
18%
57%
3%
20%
4,081
13%
11%
8%
2%
76%
1%
2,565
11%
10%
7%
1%
79%
1%
3,496
10%
10%
8%
1%
79%
1%
6,226
19%
52%
29%
24%
68%
68%
9%
11%
12%
12%
43%
35%
20%
22%
59%
17%
11%
9%
46%
17%
64%
36%
33%
67%
5 6,283
3 0.05%
8%
69%
1%
19%
4,960
6%
77%
1%
16%
4,850
6%
5%
11%
1%
81%
1%
3,152
5%
5%
8%
1%
85%
1%
4,372
5%
5%
10%
1%
83%
0%
6,449
21%
50%
29%
21%
83%
77%
4%
7%
12%
4%
24%
48%
26%
29%
63%
8%
6%
7%
25%
54%
82%
18%
15%
85%
Total
31,399
419

6.67%
24%
54%
2%
18%
22,690
17%
62%
2%
17%
20,067
14%
13%
9%
2%
72%
3%
12,256
11%
10%
7%
1%
77%
3%
17,466
13%
12%
8%
2%
76%
2%
31,156
21%
51%
28%
26%
69%
66%
14%
10%
10%
13%
41%
35%
18%
28%
62%
10%
8%
10%
46%
25%
72%
28%
31%
69%
10/21/2025 9:47 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

5 1
3 4
M
2 oulton Pky
Alicia
Pky
Los Alisos Blvd
Pso De Valencia
El Toro Rd
Lake Forest Dr
Santa Maria Ave
Pso De Vale
La
Paz
Rd
5 Nellie Gail Center
Dinosaur
Veeh Ranch
Cabot
Moulton Ranch
Santa Vittoria
Gallup
Dapple Grey Oso/Pacific
Stockport
Mendocino
Knotty Pine
Costeau
Clarington
Mandeville
Sheep Hills
MacKenzie
Beckenham
Hidden Trail
Moulton
El Conejo
San Remo
City of Laguna Hills
Districting 2025
Map 103
©2021 CALIPER

Map 103
District 1
Total Pop 6,558
Deviation from ideal 278
% Deviation 4.43%
% Hisp 25.5%
% NH White 49%
% NH Black 2%
% Asian-American 20%
Total 4,695
% Hisp 21%
% NH White 59%
% NH Black 1%
% Asian/Pac.Isl. 17%
Total 3,886
% Latino est. 19%
% Spanish-Surnamed 17%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 69%
% NH Black 2%
Total 2,285
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 74%
% NH Black 2%
Total 3,445
% Latino est. 17%
% Spanish-Surnamed 16%
% Asian-Surnamed 7%
% Filipino-Surnamed 3%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 6,235
age0-19 17%
age20-60 54%
age60plus 29%
immigrants 33%
naturalized 76%
english 65%
spanish 16%
asian-lang 10%
other lang 9%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 50%
bachelor 29%
graduatedegree 14%
Child in Household child-under18 20%
Pct of Pop. Age 16+ employed 67%
income 0-25k 11%
income 25-50k 8%
income 50-75k 16%
income 75-200k 52%
income 200k-plus 13%
single family 68%
multi-family 32%
rented 40%
owned 60%
Total population data from the 2020 California Adjustment to the Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2019-2023 American Community Survey and Special Tabulation 5-year data.
2 6,353
73 1.16%
42%
38%
2%
16%
3,977
27%
57%
2%
13%
3,209
21%
19%
7%
2%
64%
6%
1,785
14%
13%
7%
2%
71%
7%
2,581
20%
18%
7%
1%
70%
2%
6,133
24%
52%
24%
29%
59%
59%
26%
5%
10%
19%
46%
29%
16%
35%
67%
8%
10%
6%
54%
22%
57%
43%
47%
53%
3 6,196
-84
-1.34%
21%
57%
2%
17%
4,251
16%
60%
1%
23%
4,210
15%
14%
9%
2%
69%
4%
2,621
12%
11%
8%
1%
73%
4%
3,780
13%
12%
8%
2%
74%
3%
5,972
24%
44%
32%
22%
65%
62%
16%
18%
4%
16%
42%
32%
18%
40%
55%
5%
8%
10%
48%
29%
94%
6%
13%
87%
4 6,009
-271
-4.32%
22%
56%
2%
17%
4,807
19%
57%
3%
19%
3,912
14%
12%
8%
2%
75%
2%
2,413
11%
10%
7%
1%
79%
2%
3,288
12%
11%
8%
1%
78%
2%
6,367
21%
53%
26%
24%
63%
67%
9%
10%
14%
13%
42%
36%
19%
23%
60%
17%
10%
9%
47%
16%
63%
37%
35%
65%
5 6,283
3 0.05%
8%
69%
1%
19%
4,960
6%
77%
1%
16%
4,850
6%
5%
11%
1%
81%
1%
3,152
5%
5%
8%
1%
85%
1%
4,372
5%
5%
10%
1%
83%
0%
6,449
21%
50%
29%
21%
83%
77%
4%
7%
12%
4%
24%
48%
26%
29%
63%
8%
6%
7%
25%
54%
82%
18%
15%
85%
Total
31,399
549

8.74%
24%
54%
2%
18%
22,690
17%
62%
2%
17%
20,067
14%
13%
9%
2%
72%
3%
12,256
11%
10%
7%
1%
77%
3%
17,466
13%
12%
8%
2%
76%
2%
31,156
21%
51%
28%
26%
69%
66%
14%
10%
10%
13%
41%
35%
18%
28%
62%
10%
8%
10%
46%
25%
72%
28%
31%
69%
10/21/2025 10:09 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

A
Moulton Pky
Alicia
Pky
Los Alisos Blvd
Oso Pky
M
o
ulto
n
P
ky
Pso De Valencia
El Toro Rd
Lake Forest Dr
Santa Maria Ave
Pso De Vale
La
Paz
Rd
5 Nellie Gail Center
Dinosaur
Veeh Ranch
Cabot
Moulton Ranch
Santa Vittoria
Gallup
Dapple Grey Oso/Pacific
Stockport
Mendocino
Knotty Pine
Costeau
Clarington
Mandeville
Sheep Hills
MacKenzie
Beckenham
Hidden Trail
Moulton
El Conejo
San Remo
City of Laguna Hills
Districting 2025
Community Map A
©2021 CALIPER

Community 1
District A
Total Pop 5,197
Deviation from ideal -1,083
% Deviation -17.25%
% Hisp 19.8%
% NH White 57%
% NH Black 2%
% Asian-American 17%
Total 3,615
% Hisp 15%
% NH White 59%
% NH Black 1%
% Asian/Pac.Isl. 24%
Total 3,612
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 9%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black 3%
Total 2,291
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 8%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black 4%
Total 3,210
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 9%
% Filipino-Surnamed 2%
% NH White est. 74%
% NH Black est. 3%
ACS Pop. Est. Total 5,042
age0-19 24%
age20-60 43%
age60plus 33%
immigrants 22%
naturalized 66%
english 64%
spanish 13%
asian-lang 19%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 16%
hs-grad 41%
bachelor 32%
graduatedegree 18%
Child in Household child-under18 38%
Pct of Pop. Age 16+ employed 52%
income 0-25k 5%
income 25-50k 6%
income 50-75k 12%
income 75-200k 49%
income 200k-plus 28%
single family 100%
multi-family 0%
rented 9%
owned 91%
Total population data from the 2020 California Adjustment to the Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Total
5,197
-1,083
-17.25%
20%
57%
2%
17%
3,615
15%
59%
1%
24%
3,612
14%
13%
9%
2%
71%
3%
2,291
12%
11%
8%
1%
74%
4%
3,210
13%
12%
9%
2%
74%
3%
5,042
24%
43%
33%
22%
66%
64%
13%
19%
4%
16%
41%
32%
18%
38%
52%
5%
6%
12%
49%
28%
100%
0%
9%
91%
10/21/2025 9:29 Page 1 of 2
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC.

Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2019-2023 American Community Survey and Special Tabulation 5-year data.
10/21/2025 9:29 Page 2 of 2

City of Laguna Hills
Potential Election Sequencing Example
This document provides a proposed election sequencing schedule for each proposed district as required by Elections Code §11010. As the maps were drawn without consideration of current or potential Councilmembers, these sequences serve as examples only and may be revised after adoption.

1. Map 101
 2026 Election: Districts 1, 3 & 5
 2028 Election: Districts 2 & 4

2. Map 102
 2026 Election: Districts 1, 3 & 5
 2028 Election: Districts 2 & 4

3. Map 103
 2026 Election: Districts 1, 3 & 5
 2028 Election: Districts 2 & 4

Item No. 7.1.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Mayor and Council Members
From: Joe Ames, Interim City Manager
Issue: Agreement with Cityside Fiber to Co-Locate Fiber Optic Cable in the City's Traffic Signal Interconnect Conduits
Recommendation: That the City Council:

1. Approve the License Agreement with Cityside Fiber subject to minor revisions by the Interim City Manager and the City Attorney;

2. Authorize the Interim City Manager to sign the Agreement; and

3. Authorize the use of the official city seal by Cityside Fiber and the Laguna Hills Chamber of Commerce for a ribbon cutting event planned for November 20, 2025.

Background:

Cityside Fiber ("Cityside") was established to provide residential and business internet service to compete with other internet providers, such as Cox Communications. This company has been authorized by the California Public Utilities Commission to operate as a utility company, which means they have a legal right to install their facilities in the public right-of-way. However, they are required to submit construction plans for review and approval and obtain an encroachment permit from the Public Works Department prior to construction of any facilities. To this end, the City has been working with Cityside to focus their first efforts on installations within areas of the City that are scheduled for residential street resurfacing in Summer 2026. Cityside has been working in the areas of the City bounded by Aliso Creek, Paseo de Valencia, Cabot Road, and

Item No. 7.1.1
Interstate 5. Thankfully, unlike traditional wet utilities, Cityside is using a less invasive installation method via “micro-trenching” which consists of a narrow and shallow trench with dimensions of approximately 2-inches wide by 18-inches deep. This microtrenching work will be finished with 2-foot minimum wide, 2-inch depth asphalt concrete overlay.

Cityside had planned to trench through the City’s arterial highways to serve as the “backbone” of their fiber optic system to service these residential areas. However, City staff is proposing to enter into a License Agreement with Cityside that is based on a novel partnership approach: In exchange for allowing Cityside to use the City’s traffic signal interconnect conduits along arterial highways for its own fiber optic cable backbone system, Cityside will install dedicated fiber optic cable for exclusive City use, or if space within the conduit does not allow, will dedicate “dark fiber” within Cityside’s proposed fiber optic cable for exclusive use by the City.

The segments of City interconnect conduit contemplated for use by Cityside for its own fiber optic cable, and on which Cityside will install separate, dedicated fiber optic cable for exclusive City use (or will provide dark fiber) include:
• Paseo De Valencia from Alicia Parkway to El Toro Rd (approximately 10,000 lf) • Alicia Parkway from Moulton Pkwy to Hon Ave (approximately 8,300 lf) • Moulton Parkway from Alicia Pkwy to La Paz Rd (approximately 3,200 lf) • La Paz Rd from Moulton Pkwy to McIntyre St (approximately 10,300 lf) This proposed arrangement has advantages for both the City and Cityside:
• Cityside benefits because using the City’s interconnect conduit lowers Cityside's construction costs.
• The City benefits because less trenching by Cityside will occur on arterial highway pavement thereby preserving the pavement quality on the City’s arterial highways, conduit sharing will eliminate the City's need to mark out the City’s traffic signal interconnect conduit in response to “DigAlert” requests (because Cityside will now be responsible) where Cityside occupies the City's conduits, and finally, and most importantly, Cityside will install dedicated fiber optic cable for the City’s own use.

These dedicated strands of fiber optic cable will be used for traffic signal interconnect (and also for data communications between the Civic Center and Community Center) in lieu of the City installing its own fiber optic cable. Currently, the City’s traffic signal systems are interconnected via copper wire. We are one of the last cities in Orange

Item No. 7.1.1
County to have this antiquated interconnectivity. The proposed Agreement for Cityside to install exclusive City-use fiber optic cable at no charge to the City will preserve grant funds that will be received from the (now) five grant-funded OCTA Regional Traffic Signal Synchronization Projects, which in turn should make funding available for other unfunded, additional traffic signal improvements. The cost savings associated with Cityside installing fiber optic cable on behalf of the City is estimated at $260,000 based upon the engineer's cost estimates from the City's consultants currently designing the Regional Traffic Signal Synchronization Projects.

The proposed License Agreement also includes free internet service for the Civic Center and the Community Center, and allows Cityside to locate their main service cabinet on property owned by the City at Paseo de Valencia and Community Center Drive. Cityside Fiber and the Laguna Hills Chamber of Commerce are planning to have a ribbon cutting ceremony at the Community Center for this project on November 20, 2025. In accordance with Chapter 1-12 of the Laguna Hills Municipal Code, the recommendation for this agenda report includes City Council authorization for the use of the city seal for the ribbon cutting event.

Thus, City staff believes the proposed License Agreement is a win-win for the City and Cityside. Accordingly, it is recommended that the City Council approve the License Agreement with Cityside subject to minor revisions by the Interim City Manager and the City Attorney.

Fiscal Impact:

As part of this Agreement, Cityside will pay a one-time license fee of $15,000 to the City, and Cityside will install dedicated fiber optic cable for the City's use. The cost savings to the City associated with the installation of the dedicated fiber optic cable is estimated to be $260,000. Therefore, the total benefit to the City is valued at $275,000.

Attachments:

1. Proposed License Agreement

1 LICENSE AGREEMENT
Cityside Networks Traffic Signal Interconnect Conduit and Facilities THIS LICENSE AGREEMENT (“License Agreement”) is effective as of this __ day of _______, 2025 (the “Effective Date”), by and between CITYSIDE NETWORKS, LLC, a Delaware limited liability company (hereinafter “Cityside”), and the CITY OF LAGUNA HILLS, a California municipal corporation (hereinafter “City”). Cityside and City are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, Cityside is a telecommunications services provider and a competitive local exchange carrier subject to the jurisdiction of the California Public Utilities Commission under California Public Utilities Code Sections 216, 233 and/or 234, except to the extent limited by applicable law; and
WHEREAS, Cityside has constructed and will continue to construct a fiber optic network infrastructure, including but not limited to conduit, handholes, manholes, fiber optic cables, and other related appurtenances and components (“Fiber System”) throughout the State of California, including but not limited to within the City; and WHEREAS, City owns, operates, and controls certain underground traffic signal interconnect conduit and facilities located in the City, as more particularly depicted in Exhibit “A”; and
WHEREAS, Cityside desires to occupy portions of the City interconnect conduit and facilities with portions of its Fiber System that will be used to support the provision of telecommunication services to existing and future customers throughout the City, including the City; and
WHEREAS, Cityside further desires to occupy portions of City-owned property located at 25555 Alicia Parkway (“Premises”) to operate telecommunications equipment as further defined below; and
WHEREAS, City is willing to License City-owned traffic signal interconnect conduits and facilities, and the Premises to Cityside, subject to the terms and conditions in this License Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2 Article 1. Definitions
“City-Dedicated Fiber” means seventy-two (72) strands of Cityside-installed fiber along the specific routes along the Licensed Conduit where the Cityside Fiber will be installed, as agreed upon by the Parties and depicted in Exhibit “A” for servicing City Public Facilities during the term of this License Agreement and any renewal hereof, including, but not limited to, Cityside Fiber needed to connect City Public Facilities to the City Network.

The City-Dedicated Fiber may be installed as a separate fiber optic cable pulled alongside the Cityside Network or dark fiber within said Cityside Network. “City Network” means the City’s traffic signal interconnect conduit and facilities depicted in Exhibit A, installed in the public rights of way or other real property or City-owned easement within the jurisdictional limits of the City of Laguna Hills. “City Public Facilities” means City-owned public properties (including, without limitation portions of the public right of way occupied by the City Network, and/or any related equipment and/or buildings on City-owned properties) located within City territorial, jurisdictional and/or proprietary limits, including, but not limited to, municipal office buildings and traffic signals and/or properties or structures owned by public agencies controlled by the City Council of the City of Laguna Hills. “Equipment” means network infrastructure and components including, but not limited to, gateway or edge electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub, communications lines, conduit, cables, handholes, junction boxes, and other related facilities and software. “Licensed Conduit” means the portion of the City Network depicted in Exhibit “A” licensed to Cityside pursuant to this License Agreement, as further depicted in Exhibit “A” herein. “Licensed Fibers” means fiber optic strands that will be installed by Cityside in Licensed Conduit that are owned, operated and maintained by Cityside, including the “CityDedicated Fiber” licensed to the City under this License Agreement. “Cityside Fiber” means all Cityside-installed fiber.
“Cityside Network” means fiber optic facilities installed by Cityside within the City Network which are capable of providing broadband service delivered to homes and businesses in the City of Laguna Hills.
“Premises” means the 8’ x 4’ area depicted in Exhibit “C” on the City Public Facility located at 25555 Alicia Parkway, Laguna Hills, California currently known as the Laguna Hills Community Center.

3 Article 2. License

2.1. Subject to the terms and conditions of this License Agreement, City hereby grants to Cityside a nonexclusive revocable license to enter and use the (i) Licensed Conduit at the points and segments depicted in Exhibit B, and (ii) the Premises, to install, operate, repair, lease, maintain, remove its Fiber System and fiber optic network infrastructure.

Cityside shall not permit any other person, except Licensee's employees and contractors, to enter or use the Licensed Conduit and the Premises without CITY's prior written consent. Cityside acknowledges and agrees that it is not a tenant on the Licensed Conduit and the Premises, and any rights or benefits which may accrue to Cityside by reason of execution of this License Agreement or use of the Licensed Conduit and the Premises shall solely be those of a licensee and not a tenant.

2.1.1. Cityside expressly acknowledges and agrees to enter onto and use the Licensed Conduit and the Premises without warranty in its “as-is and with all faults” condition. The City makes no representations or warranties whatsoever, whether express or implied, as to the Licensed Conduit and the Premises’ condition or suitability for Cityside’s use. Cityside expressly acknowledges and agrees that neither the City nor its agents have made, and the City expressly disclaims, any representations or warranties whatsoever, whether express or implied, with respect to the Licensed Conduit and the Premises’ physical, structural or environmental condition, the Licensed Conduit and the Premises’ present or future suitability for Cityside’s intended use(s) or any other matter related to the Licensed Conduit and the Premises. This License Agreement shall not be deemed a warranty of title by the City.

2.1.2. Cityside expressly represents and warrants to the City that Cityside has conducted a reasonably diligent and independent investigation, either for itself or through an agent selected by Cityside, into the Licensed Conduit and the Premises’ condition and suitability for Cityside’s intended use, and that Cityside relies solely on its due diligence for such determination. In addition to any other conditions that the City may impose on such testing, Cityside shall have the obligation to repair any damage caused by such testing and to restore all affected areas to the condition that existed immediately prior to such testing. Cityside further expressly represents and warrants to the City that Cityside’s intended use is the permitted use as defined in this License Agreement.

2.1.3. Except as expressly provided otherwise in this License Agreement, this License Agreement shall not limit, alter, or waive the City’s absolute right to use the Licensed Conduit or City Public Facility on which the Premises are located, in whole or in part, as infrastructure established and maintained for the City’s and the public’s benefit provided that in no event shall City license use of any portion of the Licensed Conduit to another party in the event that the Cityside Fiber is installed without use of innerduct in a Licensed Conduit.

2.1.4 Subject to the terms and conditions of this License Agreement including but not limited to Section 6.8 below, the Licensed Conduit and the Premises include the right on the part of Cityside to install certain communications vaults along the route of the Licensed Conduit (“Cityside Vaults”) and telecommunications equipment in the Premises.

4 Exhibit “B” contains a map depicting the approximate location of the Cityside Vaults.

Cityside shall have the right to use the Licensed Conduit by accessing the same at the end points and the access points specified on Exhibit “B”. The Licensed Conduit shall at all times be and remain the personal property of the City.

2.1.5. Cityside’s facilities shall be located, constructed, operated, and maintained in the time, place, and manner that causes the least interference with the public's use of the public right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-ways, all as determined by and approved by the City Engineer in conformance with the Laguna Hills Municipal Code, including, but not limited to, encroachment permits for public right-of-way work.

2.2. If Cityside discovers damage to a route of the Licensed Conduit or that there is no available Licensed Conduit along a route, it shall notify the City of such damage or nonexistence. In the case of damage, Cityside shall install the Cityside Fiber in undamaged conduit, where possible. If no individual Licensed Conduit is undamaged in a particular route, Cityside may opt to not install the Licensed Conduit for that route and this Agreement shall be amended to delete that segment from Exhibit A and Exhibit B. For avoidance of doubt, the Parties agree that in no event shall Cityside be obligated to provide any City-Dedicated Fiber along Licensed Conduit that is not available, is not used by Cityside or that is deleted from Exhibit A and Exhibit B.

2.3 This License Agreement grants Licensee only a non-possessory, non-exclusive and revocable license to enter onto and use the Licensed Conduit and the Premises for the use permitted under this License Agreement. The license shall be revocable only in accordance with the terms and conditions of this License Agreement. Cityside and City expressly acknowledge and agree that: (a) the City retains legal possession and control over the Licensed Conduit and the City Public Facilities upon which the Premises are located for the City’s municipal functions; (b) except as specifically provided otherwise in this License Agreement, including but limited to Section 6.9 herein, the City may enter into any agreement with third parties to use and/or occupy the City Network covered by this License Agreement (provided however that in no event shall City license (i) use of any portion of the Licensed Conduit to another party in the event that the Cityside Fiber is installed without use of innerduct in a Licensed Conduit or (ii) use of any portion of a dedicated innerduct space in a Licensed Conduit where Licensed Fibers and Cityside Fiber are installed) and/or other City Public Facilities; and (c) this License Agreement does not create, and will not be deemed to create, any partnership or joint venture between the City and Cityside. Notwithstanding the foregoing, in granting others a similar license for access to and use of such City Network covered by this License Agreement, or for the City's own use, the City agrees that it shall not make or allow a subsequent change to the City Network covered by this License Agreement that materially affects Cityside’s ability to use the City Network, or that materially interferes with or degrades the services provided by Cityside.

2.4. Subject to the terms and conditions of this License Agreement, except as otherwise set forth in Section 6.7, Cityside hereby Licenses City-Dedicated Fibers to City.

5 The City-Dedicated Fibers shall be and remain the personal property of Cityside, until and unless this License Agreement expires or is earlier terminated, in which case, or in the case of abandonment (as described in Article 11), all City-Dedicated Fibers shall be conveyed to the City at no additional cost to the City subject to the conditions in Section

12.2.2.1. 2.4.1. Cityside Equipment. Any Equipment that is owned by or otherwise comprises a part of the Cityside communications network shall be referred to as the “Cityside Equipment.” The Cityside Equipment shall remain the property of Cityside.

Throughout the Term, Cityside shall be responsible for all maintenance and repair of the Cityside Equipment. Neither City nor any third party acting under City’s authority will relocate, modify, tamper with, attempt to repair or otherwise interfere with the Cityside Equipment, except for as otherwise set forth in Articles 11 and 12.

2.4.2. City Equipment. Any Equipment that is owned by or otherwise comprises a part of the City communications network, including any Equipment supplied by the City at a service site in connection with providing the City Network to Cityside shall be referred to as the “City Equipment.” Throughout the Term, the City Equipment shall remain the property of City and City shall be responsible for all maintenance and repair of the City Equipment. Except as otherwise provided for in this Agreement, neither Cityside nor any third party acting under Cityside’s authority will relocate, modify, tamper with, attempt to repair or otherwise interfere with the City Equipment.

2.4.3 Access. Cityside shall provide City access to the City-Dedicated Fiber at the City Vaults. The Agreement does not include the right of City to own, control, maintain, modify or revise the City-Dedicated Fiber, the right of physical access to the Fiber System (other than the City-Dedicated Fiber at City Vaults), or the right to encumber the Fiber System in any manner, or the right to use other portions of the Fiber System beyond the City-Dedicated Fiber. City shall access and perform splicing of any CityDedicated Fiber only at the designated access points serving as City Vaults subject to notifying Cityside of proposed splicing activities no less than three (3) business days prior to such proposed occurrence, except in the case of an emergency. City shall notify Cityside of any emergency access within 24 hours. If City, while exercising the rights provided to City under this Agreement or any of its contractors or consultants damages Cityside’s Fiber System or any other property owned by Cityside, City shall reimburse Cityside for all of its reasonable and documented cost of repairing the Fiber System. If Cityside, its employees, agents, contractors, consultants, or guests damage any property owned by City, Cityside shall reimburse City for all of its reasonable and documented costs of repairing the property.

2.4.4 Initial Scope of Work. The initial scope of work to be performed by the parties hereto is described in Exhibit “D”.

2.5. During the Term, City will have exclusive use of the City-Dedicated Fiber.

6 Article 3. Consideration

3.1. Administrative Fee. Upon execution of this Agreement, Cityside shall pay City a one-time, non-refundable administrative processing fee in the amount of fifteen thousand dollars ($15,000.00).

3.2. Internet Service at Civic Center and Community Center. Cityside shall provide a 5 Gig shared internet connection through its business internet services (“BIS”) offering and service for use at the Laguna Hills Civic Center and the Laguna Hills Community Center.

Cityside will provide the connection to the Fiber System required to the City facilities at both locations. City agrees that the use of the internet service and connection shall be subject to Cityside’s terms of service attached hereto as Exhibit “E”.

3.3. City-Dedicated Fiber. The Parties acknowledge that other than the one-time fee described in Section 3.1, no monies shall be exchanged for the consideration of the grant of License in the Licensed Conduit and Premises under this License Agreement, which is being licensed in exchange for the City-Dedicated Fiber and internet service described in Section 3.2.

Article 4. Term

4.1. Agreement Term and Termination.

4.1.1. Commencement. The term of this License Agreement (“Initial Term”) shall commence on the Effective Date and shall expire ten (10) years following the Effective Date.

4.1.2. Automatic Renewals. Provided that Cityside is not in material default under this License Agreement at the end of the Initial Term (or any Renewal Term, as the case may be) and has the necessary governmental permits, licenses (including a business license issued by the City), and approvals that may lawfully be required by federal, state or local law, statute regulation or ordinance, the License Agreement shall automatically extend for two (2) additional ten (10) year periods, (each a “Renewal Term”), unless Cityside notifies the City in writing of its election not to extend the License Agreement not less than six (6) months prior to the expiration date of the Initial Term or then-current Renewal Term. Each Renewal Term shall be upon the terms, covenants, and conditions of this License Agreement. The Initial Term, plus any Renewal Term(s) shall be collectively referred to as the “Term.”

4.1.3. Termination. City may terminate this License Agreement for any material, uncured default under this License Agreement, pursuant to the provisions of Article 10.

Article 5: Permits; Relocation

5.1. Governmental Approvals, Permits and Consents. Cityside at its sole cost and expense, shall obtain and maintain any and all necessary easements, licenses, and

7 building access agreements, as well as all governmental permits, licenses, easements, franchises and approvals that may lawfully be required by federal, state or local law, statute, regulation or ordinance and shall continuously comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to its operation or use of Licensed Conduit or Licensed Fiber. Cityside acknowledges that the City enters this License Agreement in its proprietary capacity as the owner of City Network and nothing in this License Agreement shall: (a) entitle Cityside to or exempt Cityside from any regulatory approvals properly issued by the City in its regulatory capacity and legally required for Cityside’s operations; or (b) affect the City’s performance of its municipal functions when the City acts in its regulatory capacity. Nothing in this Section 5.2 shall be construed as a limitation to actions against Cityside by third party agencies. Cityside shall indemnify and hold City harmless for any action taken against City by a third-party agency for any action, or failure to act, on the part of Cityside, its contractors, subcontractors, agents, employees, or assigns.

5.2. Relocations. City may relocate all or any portion of the City Network or any of the facilities used or required in providing Cityside with the Licensed Conduit: (1) if a third party with legal authority to do so orders or threatens to order such relocation; (2) in order to comply with applicable laws; (3) to prevent or abate interference with or interruption of the City Network, or an unreasonable risk thereof, due to the existence of physical conditions; (4) in connection with any road resurfacing, widening, realignment or other similar public works that affect the Licensed Conduit; or (5) if it determines that it is required to do so in its reasonable judgment for reasons other than convenience. City shall provide Cityside at least ninety (90) calendar days’ prior notice of any such relocation. The costs of relocation of all or any portion of the City Networks or any of the facilities used or required in providing Cityside with the Licensed Conduit shall be borne by City. The cost of relocation of Cityside Fiber shall be borne by Cityside. .

Article 6. Use of Premises, Licensed Fiber and Licensed Conduit; Maintenance

6.1. Interference. Pursuant to the rights granted to each of the Parties by this License Agreement, the Parties will be sharing use of the City Public Facility wherein the Premises is located and the City Network and associated facilities during the Term. It is the shared objective of the Parties to minimize, to the extent reasonably feasible, any interference with or interruption in either Party’s use of the communications facilities that are the subject of this Agreement. Cityside and the City covenant that (a) each shall exercise its rights and perform its obligations under this Agreement in a manner that reasonably cooperates with the other Party in good faith in order to accomplish the above stated objective, and (b) it shall not use its respective network or facilities in any way that materially interferes with the other Party’s use as contemplated by this Agreement.

6.2. Licensed Conduit Maintenance. Cityside shall bear all costs associated with its use of the Licensed Conduit, including without limitation the cost of installation, connection, and maintenance of Cityside’s Fiber System. Such installation, maintenance, and repairs shall be performed in a good and workmanlike manner, in accordance with

8 this License Agreement, and with applicable, manufacturer’s specifications, applicable industry standards, and laws and regulations of any federal, state or local government entities , including without limitation OSHA standards, or any agency or instrumentality thereof, having competent jurisdiction over Cityside or the Licensed Conduit including applicable General Orders of the Public Utilities Commission of State of California and any supplements thereto and revisions thereof. Cityside shall permanently identify, by tags or other suitable means, all of its cables and other equipment that are placed by or on behalf of Cityside in or near the Licensed Conduit.

6.3. Damage to Facilities.

6.3.1. Each Party agrees to take all necessary and commercially reasonable precautions to avoid damaging the other Party’s facilities, and those of third parties.

6.3.2. Any damage to the facilities caused by Cityside or its agents shall be repaired by Cityside, at Cityside’s sole cost, within a reasonable time period. Provided that nothing contained herein shall be deemed to release or limit claims that Cityside may have against any third party arising from or related to such damage to facilities.

6.3.3. If Cityside damages City facilities or facilities owned by third parties within the City Network, Cityside shall immediately notify City and, if the damaged facility is owned by a third party, take reasonable efforts to notify the owner of the damaged facility.

If required by City, Cityside shall affect repairs to the damaged facilities within a reasonable time period, based on the nature of the damage conditions at the site.

6.3.4. In the event of damages described in sub-paragraphs 6.3.2 and 6.3.3, above, City may elect to hire a third-party contractor to effect repairs to any damaged facility if Cityside does not commence repairs within a reasonable time period, and present an invoice to Cityside for any actual costs incurred in connection with the damaged facilities, including, but not limited to, staff time costs, traffic control, police services, notification of third parties, and consultant and contractor costs.

6.3.5. For the purposes of this Section 6.3, a “reasonable time period” shall mean that a crew must be mobilized at the repair site within twenty-four (24) hours of the first interruption of services and work diligently and continuously until any outage is resolved.

6.3.6. For clarity, if any damage occurs to the facilities, regardless of cause, and such damage negatively affects including interrupts Cityside’s services to end users, Cityside shall have the right to promptly repair such facilities, subject to this terms of this License Agreement, and the parties shall work in good faith within a time period reasonable to both parties to account for ultimate responsibility for the costs to repair such damages.

6.4. No Sub-License. Cityside may not sublicense any Licensed Conduit without the prior express written consent of City, which may be withheld for any or no reason. Nothing herein prevents Cityside from providing Cityside Fiber to a third party. In addition, and

9 notwithstanding anything herein to the contrary but subject to the limitations on sublicenses in this Section, provided that Cityside’s use of the Licensed Conduit does not interfere with the City’s use of the City-Dedicated Fiber, Cityside may use the Licensed Conduit for any lawful purpose.

6.5. No Liens. Cityside shall keep the City Network, including the Licensed Conduit (collectively “City Interests”) free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted on or within said City Interests. Cityside will inform all contractors and material suppliers that provide any work, service, equipment or material to Cityside in connection with the City Interests that the City Interests is public property not subject to any mechanics’ liens or stop notices. If any Cityside contractor or material supplier files any lien or similar encumbrance that attaches to any City Interests, Cityside shall promptly (but in no case later than 30 days after discovery) cause such lien or encumbrance to be relicensed. If Cityside does not cause such lien or encumbrance to be relicensed within the 30-day period, the City will have the right, but not the obligation, to cause such lien or encumbrance to be relicensed in any manner the City deems proper, which includes without limitation payment to the lienholder, with or without notice to Cityside. Cityside shall reimburse the City for all costs and expenses incurred to cause such lien or encumbrance to be relicensed (which includes without limitation reasonable attorneys’ fees) within 30 days after Cityside receives a written demand from the City together with reasonable documentation to support such costs and expenses.

6.6. Right of Inspection. Upon no less than five (5) business days’ prior written notice to Cityside, the City shall have the right to inspect the Licensed Conduit, and CityDedicated Fibers, and the Cityside Network installed in the Licensed Conduit during the Term.

6.7. Acceptance of Fiber System.

6.7.1 Acceptance Testing. Following the installation of the Fiber System, Cityside shall conduct acceptance testing (“Acceptance Testing”) to verify that the Fiber System is installed and operational in accordance with the specifications listed in the Fiber Splicing and Testing Standards, Specifications and Procedures attached hereto as Exhibit F (the “Specifications”). At the time when Cityside notifies City that the Fiber System has been installed and are performing in all respects in accordance with the Specifications, Cityside shall deliver the Acceptance Testing results (“Test Results”) to City.

6.7.2 City Obligation to Notify within Evaluation Period. If City determines that the Fiber System has not been installed and/or is not operational in accordance with the Specifications, then within ten (10) days of its receipt of the Test Results (the “Evaluation Period”), City shall notify Cityside that such results are unacceptable and shall specify in reasonable detail the portions of the Fiber System that are out of compliance with the Specifications. Cityside shall promptly take such action as shall be reasonably necessary with respect to such portion of the Fiber System, and complete corrective action as quickly as possible, to bring the installation and operating standards within the Specifications.

10 After taking corrective action, Cityside shall notify City of the completion of corrective action and shall provide City with prior notice of the Acceptance Testing, and City shall have the right to have representatives present to observe the Acceptance Testing. The cycle described above of testing, taking corrective action and re-testing shall take place as necessary to ensure that the Fiber System operates within the parameters of the Specifications.

6.7.3 Acceptance Date. On the date that City either: (i) provides written notice of its acceptance of the Test Results, or (ii) fails to reject the Test Results within the Evaluation Period (as the same may be extended pursuant to the provisions of subsection 6.7.2 above), the Test Results shall be deemed accepted by City and Cityside shall have no further liability to City related to Acceptance Testing (the “Acceptance Date”). The foregoing notwithstanding, no acceptance or deemed acceptance shall constitute a waiver by City of Cityside’s obligations of maintenance and repair of the City-Dedicated Fiber.

6.7.4 Maintenance of Fiber System. Cityside shall maintain the structural aspects of the Fiber System in good operating condition such that they at all times conform to the Specifications, utilizing sound engineering practices in accordance with the Maintenance and Operations Specifications and Procedures attached hereto as Exhibit G and incorporated herein by reference. Cityside may subcontract for testing, maintenance, repair, restoration, relocation, or other operational and technical services for the maintenance of the Fiber System; however, any delegation or subcontracting by Cityside shall not operate to relieve Cityside of its responsibilities under this Section.

6.8. Additional Access Points. Cityside shall have the right, at any time and from time to time during the Term, to establish additional break-out points along the route of the City Network at which Cityside can access its cables located within the City Network, subject to Section 5.2. This right includes the right to install any one or more additional Cityside-owned vaults at said break-out points, and to establish intersection points (using wye splitters or other similar means) at which Cityside may interconnect the City Network with other communications conduit owned, operated, or used by Cityside so that Cityside may splice other fiber strands into any one or more of the Cityside cables located within the City Network. Cityside shall provide the City with reasonable advance notice (of at least ten (10) business days) of Cityside’s desire to establish a new break-out point. The Parties shall cooperate in good faith to upon a location, as well as a design and implementation schedule for Cityside’s new break-out point and vault, subject to Section

2.1.5. 6.9. Use Restriction. The City-Dedicated Fiber provided to the City pursuant to this Agreement is for the sole benefit of the City. The City covenants to Cityside that the City shall not grant to any third party the right, directly or indirectly, to use any of the dark fiber strands, contained within the City-Dedicated Fiber, regardless of whether such grant were to take the form of a license, sublicense, license, sublicense, joint use undertaking, shared use agreement, services swap, or any other form. Nor shall the City use any one or more of the fiber strands contained as part of the City-Dedicated Fiber for commercial purposes that are competitive with Cityside’s business (e.g., use the fibers to sell Internet access

11 services, point-to-point data transport services, VoIP services, Telecommunications Services, etc., to third parties within Cityside’s service area). The City understands and agrees that the use restrictions set forth in this Section are material to Cityside; but for the City’s agreement to comply with the provisions of this Section, Cityside would not have entered into this Agreement. For purposes of this Section, “Telecommunications Services” means the electronic or optical transmission of information between separate points by prearranged means. Any action in violation of this Section shall constitute a material breach of this License Agreement and shall, in addition to any other remedies available to it, entitle Cityside to terminate use of the affected City-Dedicated Fiber without any liability to City. For avoidance of doubt, Cityside shall be entitled to continued use of the Licensed Conduit that the affected City Fiber is installed in.

6.10. Construction on the Premises. Prior to any construction or improvements being installed by Cityside on the Premises, Cityside shall, at its cost and expense, prepare and deliver to City a design plan and specifications, detailing the location and size of any proposed building on the Premises and describing the proposed construction and work.

Prior to the commencement of any installation work, Cityside and City shall agree on the plan and specifications in writing. No work shall commence until City has approved the plan and specifications, which approval shall not be unreasonably withheld or delayed, provided however that, within fifteen (15) days of receiving the plan and specifications, City will either approve the same by signing where indicated in the plan or request modifications. The Parties agree that there may be issues that arise prior to or during the construction that may require revision or addition to the plan. If such changes arise, the Parties agree to jointly agree on any required modifications for resolution of the issue.

Cityside and its designated contractors or subcontractors shall perform such construction in a safe manner consistent with generally accepted construction standards and shall obtain, prior to the commencement of any work, necessary construction permits, licenses and approvals.

Article 7: Limitation of Liability and Indemnity

7.1. Limitation of Liability. Notwithstanding any provision of this License Agreement to the contrary, neither Party shall be liable to the other Party for any special, incidental, indirect, punitive, or consequential costs, liabilities or damages, whether foreseeable or not, arising out of, or in connection with, such Party’s performance of its obligations or its failure to perform under this License Agreement.

7.2. Indemnification. Except to the extent of the other Party’s negligence or willful misconduct, each Party shall indemnify, defend, release, and hold harmless the other Party, its affiliates, officials (elected and appointed), officers, directors, members, employees, managers, agents, representatives, and contractors (collectively, “Indemnitees”) from and against any third-party action, claim, suit, judgment, damage, demand, loss or penalty, and any cost or expense associated therewith (including but not limited to reasonable attorneys’ fees, expert fees and costs)(collectively, “Claims”) imposed upon such Indemnitee(s) by reason of damage to real or tangible personal property or for bodily injury, including death, as a result of any willful misconduct or negligent act or

12 omission on the part of the indemnifying Party in connection with the performance of this Agreement. In addition to the foregoing, Cityside shall indemnify, defend, release, and hold harmless City and its Indemnitees from and against any third-party claims brought against Cityside in connection with Cityside’s (or its end users’) unlawful or negligent use of the Licensed Conduit.

7.3. Indemnification Process. If a Party (“Indemnifying Party”) is required to indemnity the other Party (“Indemnified Party”) pursuant to Section 7.2, the Indemnified Party shall promptly notify the Indemnifying Party. The Indemnifying Party will be permitted to assume primary control of the defense of the action with counsel of the Indemnifying Party’s choice.

The Indemnified Party will cooperate in the defense of the action as requested by the Indemnifying Party. The Indemnifying Party will assume the cost of the defense on behalf of the Indemnified Party and its Indemnitees (other than the expense of the Indemnified Party’s counsel pursuant to the immediately preceding sentence) and will pay all expenses and satisfy all judgments which may be incurred or rendered against the Indemnified Party of its Indemnitees in connection therewith, provided that without the Indemnified Party’s written consent, the Indemnifying Party shall not enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, or wrongdoing on the part of the Indemnified Party, which would other adversely affect the Indemnified Party, or which results in less than a full releases of all claims.

7.4. Survival. The provisions of this Article 7 shall survive the expiration or earlier termination of this Agreement for a period of two (2) years.

Article 8: Insurance

8.1. Insurance. During the Term of the Agreement, Cityside shall maintain in force all insurance as follows:

8.1.1. Not less than $2,000,000 combined single limit liability insurance, on an occurrence basis, for personal injury and property damage, including, without limitation, injury or damage arising from the operation of vehicles or equipment and liability for completed operations, and if a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit;

8.1.2. Workers’ compensation insurance in amounts required by applicable law and employers’ liability insurance with a limit of at least $1,000,000 per occurrence per accident for bodily injury or disease. Such insurance shall include an insurer’s Waiver of Subrogation in favor of the City;

8.1.3. Automobile liability insurance covering death or injury to any person or persons, or damage to property arising from the operation of vehicles or equipment, with limits of not less than $1,000,000 per occurrence; and

8.1.4. Any other insurance coverages specifically required of such Party pursuant to City’s encroachment permits.

13 8.1.5 The Parties agree that the coverage requirements set forth in Section 8.1.1 may be met through a combination of primary and excess/umbrella coverage.

Article 9: Notices

9.1. Notices. All notices required to be given hereunder shall be in writing and shall be deemed to be properly served on the same day if delivered personally to the other Party, or on the date three (3) days after being sent by registered or certified mail, postage and charges prepaid, return receipt requested, or the on next business day if sent by a nationally recognized overnight courier, to the Party as set forth below or such other address as a Party may have directed in writing to the other party prior to the mailing of any such notice.

To Cityside: To City of Laguna Hills:

Cityside Networks, LLC City of Laguna Hills
100 Spectrum Center Drive, Ste. 500 24035 El Toro Rd.

Irvine, CA 92618 Laguna Hills, CA 92653
Attn: Legal Department Attn: City Manager
Article 10: Default

10.1. Defined. A “Default” shall be deemed to have occurred under this License Agreement if a Party materially breaches the License Agreement and fails to cure such material breach within thirty (30) days after notice specifying such material breach, provided that if the material breach is of a nature that it cannot be cured within thirty (30) days, a Default shall not have occurred so long as the materially breaching Party has notified the non-defaulting Party and commenced to cure within said time period, and thereafter diligently pursues such cure to completion.

10.2. Remedies. Upon the failure of a Party to timely cure any Default after notice thereof from the other Party and expiration of the above cure periods, then the nondefaulting Party may, subject to the terms of Article 7 (Limitation of Liability) pursue all remedies provided for in this License Agreement and/or any legal remedies it may have under applicable law or principles of equity relating to such Default.

10.3. City Remedies. In addition to the remedies set forth in Section 10.2, if Cityside fails to cure any Default within the cure periods described in Section 10.1 above, City may, in addition to any other remedies that it may have under this License Agreement or by law and equity, in its sole discretion, take the following actions upon sixty (60) calendar days’ notice if the Default is not cured within such (provided that if the breach is of a nature that it cannot be cured within sixty (60) days), a Default shall not have occurred so long as the breaching Party has notified the non-defaulting Party and commenced to cure within said time period, and thereafter diligently pursues such cure to completion:

14 10.3.1. Disconnect the Licensed Fiber from any end point/terminating point or connecting point; and/or

10.3.2. Terminate this License Agreement.

Article 11: Abandonment

11.1. Abandonment. Should Cityside, for any reason, abandon all or part of its use of the Premises and/or the Cityside Network installed in Licensed Conduit pursuant to this License Agreement, then the below provisions shall apply. “Abandon” shall be defined for the purposes of this License Agreement as failure to use the Premises or the Cityside Network in the Licensed Conduit for more than twelve (12) months, or at such time that written notice of abandonment by Cityside is provided by Cityside. Provided, however, to the extent that such non-use is due in whole or substantial part to circumstances beyond Cityside’s control, including without limitation, acts or omissions of the City or its employees or agents, this provision shall not apply.

11.1.1. If City rejects all or a portion of the proposed transfer of abandoned Cityside Network facilities from Cityside, then Cityside shall remove, at Cityside’s sole expense, any facilities it proposed to abandon which were rejected by City within ninety (90) days of City’s rejection. If the Cityside fails to so remove the abandoned rejected facilities, then City may remove them at Cityside’s expense, which shall be paid within thirty (30) days of receipt of the invoice.

11.1.2. At the time of any accepted abandonment, Cityside shall have no further rights with respect to the abandoned facilities. At such time, City shall have the authority to remove, reuse, or resell the abandoned facilities.

Article 12: Termination

12.1. Licensed Fibers, Licensed Conduit, and City-Dedicated Fibers. At the termination of this License Agreement, all rights of Cityside to use the Premises, Licensed Conduit, and all rights of City to use the City-Dedicated Fiber, or any parts thereof, respectively, shall cease. All rights to the use of, in the case of the Licensed Conduit, shall revert to City, and in the case of City-Dedicated Fiber, shall revert to Cityside, without reimbursement of fees or other sums, costs, fees, or expenses previously made. From and after such time, Cityside shall have no further rights or obligations hereunder with respect to the Premises and Licensed Conduit, and City shall have no further rights or obligations hereunder with respect to the City-Dedicated Fiber, unless such rights or obligations are specifically provided herein to survive the Term. Cityside shall be liable to City for any loss, damages or liability of City resulting from Cityside’s failure to vacate upon the termination of this License. If Cityside fails to surrender the Premises, Licensed Conduit, or any part thereof upon the termination of the License Agreement despite City's demand to do so, Cityside shall indemnify, defend, protect and hold City harmless from all claims, losses, costs, expenses, damages and liabilities, including attorneys' fees, City incurs as a result of Cityside’s failure to surrender.

15 12.2. Title.

12.2.1. Premises and City Network. It is understood and agreed that City shall maintain legal title to the entire Premises and City Network, including all ancillary facilities and related fixtures necessary to maintain service to City Public Facilities, subject to this License Agreement.

12.2.2. Cityside-Installed Facilities. Except as provided in paragraph 12.2.1 above, title to all Cityside Fiber, the City Dedicated Fiber, and ancillary facilities and related fixtures including Equipment installed by Cityside under this License Agreement (“Cityside-Installed Facilities”) shall remain with Cityside and its successors, heirs and assigns throughout the term of this License Agreement and any extension thereof.

12.3. Termination. Upon termination of this License Agreement, the Parties agree that the following steps will be taken:

12.3.1. If the termination occurs after service has begun to customers, the Parties will undertake a transition as contemplated by Section 12.4.

12.3.2. Upon termination of this License Agreement, (i) Cityside shall not remove any Licensed Conduit, ancillary facilities, or related fixtures without the express written approval of City, which the City shall not unreasonably withhold, condition or delay.

Any removal of the Licensed Fiber, portions of the Cityside Network or Cityside’s facilities or equipment from City right of way shall be at Cityside’s own cost; and (ii) City shall not remove any Licensed Conduit, ancillary facilities, or related fixtures without the written approval of Cityside, which Cityside shall not unreasonably withhold, condition or delay.

12.3.3. To the extent that Cityside wishes to leave the Cityside Network or any equipment or property in City locations or right-of-way at the time of termination, it will cooperate with City in doing so in accordance with Article 11.

12.3.4. Upon termination of the License Agreement, if all or any portion of the Cityside Network is to be dedicated to City under the terms of this License Agreement, Cityside agrees to execute any mutually agreeable additional documents that may be reasonably necessary to effectuate the transfer of ownership any Cityside Network to the City.

Article 13: Representations, Warranties and Acknowledgements

13.1. Each Party represents and warrants that:

13.1.1. It has the full right and authority to enter into, execute, deliver and perform its obligations under this License Agreement; and

16 13.1.2. This License Agreement constitutes a legal, valid and binding obligation enforceable against such Party in accordance with its terms, subject to bankruptcy, insolvency, creditors’ rights and general equitable principles.

13.2. CITY DISCLAIMER OF WARRANTY. EXCEPT AS MAY OTHERWISE BE

STATED IN THIS AGREEMENT, THE CITY MAKES NO WARRANTY OF ANY KIND

WHATSOEVER EXCEPT FOR THE EXPRESS REPRESENTATIONS SET FORTH

HEREIN OR IN THE ATTACHED EXHIBIT(S) CONCERNING THE LICENSED CONDUIT. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY THE GRANTING PARTY AND ARE EXCLUDED FROM THIS AGREEMENT.

13.3. CITYSIDE DISCLAIMER OF WARRANTY. EXCEPT AS MAY OTHERWISE BE STATED IN THIS AGREEMENT, Cityside MAKES NO WARRANTY OF ANY KIND

WHATSOEVER EXCEPT FOR THE EXPRESS REPRESENTATIONS SET FORTH HEREIN OR IN THE ATTACHED EXHIBIT(S) CONCERNING THE LICENSED FIBER.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY THE GRANTING PARTY AND ARE EXCLUDED FROM THIS AGREEMENT.

Article 14: Force Majeure
Either Party hereto shall be excused from performing any obligation required of it by the terms of this License Agreement, except as to the payment of money, to the extent and for so long that such performance is prevented by acts of God, floods, storms, earthquakes, pandemics, fires, labor disputes, acts of war, restraint of trade or state or federal government, and inability to obtain supplies, manpower or transportation or by any similar cause or causes beyond the Party’s reasonable control, provided that such Party gives prompt written notice of the delay and its cause to the other Party.

Article 15: Prevailing Wages

15.1. Prevailing Wages. Cityside acknowledges that City has made no representation, express or implied, to Cityside or any person associated with Cityside regarding whether or not laborers employed relative to the construction of the improvements to be constructed pursuant to this License Agreement must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Section 1720 et seq. (“Prevailing Wage Laws”). Cityside agrees with City that Cityside shall assume any and all responsibility and be solely responsible for determining whether or not laborers employed relative to the construction undertaken pursuant to this License Agreement must be paid the prevailing per diem wage rate pursuant to the Prevailing Wage Laws or other applicable law.

15.2. Cityside, on behalf of itself, its successors, and assigns, waives and releases City from any right of action that may be available to any of them pursuant to Labor Code Section 1781 or any similar law. Relative to the waiver and release set forth in this

17 Section 15.2, Cityside acknowledges the protections of Civil Code Section 1542, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or relicensed party.

By signing below, Cityside knowingly and voluntarily waives the provisions of Civil Code Section 1542 or any similar law solely in connection with the waivers and releases contained in this Section.

Article 16: Miscellaneous Provisions

16.1. No Waiver. No waiver of any right, term or condition of this Agreement by either Party shall be deemed to imply or constitute a further waiver of the same right, term, or condition or of any other right, term or condition of this Agreement, whether of a similar nature or otherwise.

16.2. Severability. If any provision of this License Agreement, in whole or in part, shall be determined to be illegal, invalid or unenforceable, then it is the intention of the Parties hereto that the remainder of this License Agreement shall not be affected unless, in the reasonable written determination of both Parties, such provision is material and essential to the purpose of this License Agreement, in which event both Parties shall have the right to terminate this License Agreement in a writing signed by the duly authorized representatives of both Parties.

16.3. Assignability. Neither Party shall assign (in whole or in part) this License Agreement to any other entity or party without the express written consent of the other Party, which may not be unreasonably withheld, conditioned or delayed; provided, however, that either Party may, without obtaining the consent of the other Party, assign its interest in and to this Agreement to: (i) any entity acquiring such Party, whether through merger or through purchase of substantially all the assets of said Party; or (ii) an affiliate of such Party. Any attempted assignment in violation of this provision shall be void.

16.4. Supplements and Amendments. From time to time, the Parties may execute one or more supplements to this License Agreement, each containing additional terms and conditions applicable to the Licensed Conduit or Licensed Fibers (each a “Supplement”).

Upon execution by the Parties each Supplement shall be incorporated into and subject to the terms and conditions set forth in this License Agreement. This License Agreement shall not be amended or modified, except by an instrument in writing, signed by the duly authorized representatives of both Parties hereto.

18 16.5. Headings. The provision headings used in this License Agreement are intended for reference purposes only, and are not to be given any substantive effect upon the terms of this License Agreement.

16.6. No Third Party Beneficiary. Nothing contained in this License Agreement shall be considered or construed as conferring any right or benefit on a person not a party to this License Agreement and neither this License Agreement nor the performance hereunder shall be deemed to have created a joint venture or partnership between the Parties.

16.7. Taxes. Cityside agrees that it will be solely responsible for the payment of any and all applicable taxes, fees and assessments levied on its ownership, use and maintenance of the Cityside Network, Licensed Conduit, and License Fiber related to this License Agreement. Pursuant to Section 107.6 of the California Revenue and Taxation Code, City hereby advises, and Cityside recognizes and understands, that Cityside’s use of the City’s rights-of-way, the Licensed Conduit, and /or other non-rights-of-way City property and facilities may create a possessory interest subject to real property taxation and that Cityside may be subject to, and responsible for, the payment of real property taxes levied on such interest. Cityside will co-operate with the Orange County Assessor in providing any information necessary for the Orange County Assessor to make a property tax determination. Additionally, Cityside will indemnify, protect, defend and hold harmless City’s Indemnified Parties from and against any and all claims, arising out of, involving, or in connection with the payment of real property taxes for any possessory interest created by this License Agreement.

16.8. Governing Law. This License Agreement shall be governed by the laws of the State of California, without regard to choice of law principles. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this License Agreement will be tried in a court of competent jurisdiction in the County of Orange, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

16.9. Entirety. This License Agreement states the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the Parties with respect to the subject matter thereof.

16.10 Counterparts. This License Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original, and all of which together shall constitute one and the same instrument. [Signatures on following page]

19 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first set forth above.

CITY OF LAGUNA HILLS, a California
Municipal Corporation
CITYSIDE NETWORKS, LLC, a Delaware
limited liability company
By: _________________________
Joe Ames,
Interim City Manager
By:
:

By:

Jennifer Lee, City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE
By:

Gregory E. Simonian, City Attorney

20 EXHIBIT “A”

CITY NETWORK AND LICENSED CONDUIT
See attached.

L E G E N D:

CD = EXISTING TRAFFIC SIGNAL
- = EXISTING INTERCONNECT
T = TELEPHONE INTERCONNECT TO AT&T FACILITIES
1!!:11 = ARIES MASTER CONTROLLER LOCATION
EVP = EMERGENCY PRE-EMPTION
VD = VIDEO DETECTION
VS = VIDEO SURVEILLANCE
11111111111 = FUTURE INTERCONNECT (CONDUIT AND CABLE)
ill] = LAGUNA WOODS SIGNAL
@J = CAL TRANS SIGNAL
[fil = MISSION VIEJO SIGNAL
[]=LAKE FOREST
[!J = ALISO VIEJO
• = CITY HALL (CENTRACS SERVER)
PACIFlC

CONDUIT ONLY

NOT TO SCALE
~

VISTA VIEJO
~~~;;~tnc.

LJ[mfil[?[? © ®D@~&[s ®W®U~O@ O@fil~
@Jo~~ □~~ Consulting Traffic Engineers
17852 E. 17th Street, Suite 101
Tustin, California 92780
714.731.9455 fax: 714.731.9498
www .hartzog-crabill.com
KREME
L.H SIGNAL CIRCUIT MAP 4-11-23.dwg

21 EXHIBIT “B”

CITYSIDE VAULTS
See attached.

EXHIBIT “B”
Cityside Vaults

22 EXHIBIT “C”

DESCRIPTION OF THE PREMISES
See attached.

X
X
X
X
X
PWR
PWR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR
FBR

FBR FBR
NO. SUBMITTAL / REVISION
12/23/24 APP'D DATE
PROJECT NUMBER: CF-24-0005
ENGINEER STAMP:

DRAWING TITLE:

UNAUTHORIZED ALTERATION OR ADDITION TO
THIS DOCUMENT IS A VIOLATION OF APPLICABLE STATE AND / OR LOCAL LAWS DRAWING NUMBER:

A ISSUED FOR REVIEW

LAGUNA HILLS POP
25555 ALICIA PKWY.

LAGUNA HILLS, CA 92653
KE
PROJECT TITLE:
4431 TOWN CENTER PLACE
KINGWOOD, TX | 77339
[email protected]
270.316.7546
550 W B ST. 4TH FLOOR
SAN DIEGO, CA | 92101
833.318.4646
0 FINAL KE 01/06/24
A1.0

OVERALL SITE PLAN
1 OVERALL SITE PLAN
15' 0 15' 30'
SCALE : 1" = 30'
NOTE:

SITE PLAN DRAWN WITHOUT THE
BENEFIT OF A SURVEY. FIELD

VERIFY ALL DIMENSIONS PRIOR
TO CONSTRUCTION.
(P) CITYSIDE EQUIPMENT

CABINET ON NEW
8'-0"x4'-0" CONCRETE PAD
ALICIA PKWY. (E) PARKING

LOT (TYP)
(E) SOCCER

FIELDS (TYP)
COMMUNITY CENTER DR.

APPROXIMATE LOCATION

OF (P) SDG&E METER

PEDESTAL
(E) PARKING

LOT (TYP)
(E) SDG&E
METER

PEDESTAL
(OTHERS)
(E) FIBER

CABINET
(OTHERS)
(E) FENCE

APPROXIMATE

LOCATION OF (E)

PROPERTY LINE

APPROXIMATE

LOCATION OF (E)

PROPERTY LINE
(E) APPROXIMATE

LOCATION OF

ALICIA PKWY

CENTERLINE
±60'
±23'
±78'
±16'

APPROXIMATE POWER

ROUTE FROM (P) METER

PEDESTAL TO (P) CITYSIDE

EQUIPMENT CABINET

APPROXIMATE FIBER

ROUTE FROM (P) FIBER

HANDHOLE TO (P) CITYSIDE

EQUIPMENT CABINET
(INSTALLED BY OTHERS)
(P) FIBER HANDHOLE
(INSTALLED BY OTHERS)
(P) FIBER HANDHOLE
(INSTALLED BY OTHERS)

23 EXHIBIT “D”

INITIAL SCOPE OF WORK
City will:
• Provide non-exclusive access to City owned conduit in following locations:
o Paseo De Valencia from Alicia Parkway to El Toro Rd. (approximately 10,000 l.f.)
o Alicia Parkway from Moulton Pkwy to Hon Ave. (approximately 8,300 l.f.) o Moulton Parkway from Alicia Parkway to La Paz Rd. (approximately 3,200 l.f.)
o La Paz Rd. from Moulton Parkway to McIntyre Sts (approximately 10,300 l.f.)
• Provide Cityside license to use 8’ x 4’ area on City Public Facility located at 25555 Alicia Parkway, Laguna Hills, CA, currently known as the Laguna Hills Community Center as depicted in Exhibit “C”
Cityside will:
• Remove existing City copper interconnect cable and provide City 72 strand Single Mode Fiber Optic cable, subject to available space in conduit. If adequate space is not available in conduit, Cityside shall dedicate 72 strands of Cityside installed fiber at following locations:
o Paseo De Valencia from Alicia Parkway to El Toro Rd. (approximately 10,000 l.f.)
o Alicia Parkway from Moulton Parkway to Hon Ave (approximately 8,300 l.f.) o Moulton Parkway from Alicia Parkway to La Paz Rd. (approximately 3,200 l.f.)
o La Paz Rd. from Moulton Parkway to McIntyre St. (approximately 10,300 l.f.) • Damaged or Crushed Conduit:
o If Cityside discovers damage to a segment of City duct system and is not able to remove existing copper cabling without causing damage in an area that was included in Cityside’s planned backbone system, it shall notify City of such damage, and upon City’s prior written consent Cityside may repair replace or reroute damage conduit at Cityside’s sole cost and expense.

24 o If Cityside discovers damage to a segment of City duct system and is not able to remove ecopper cabling without causing damage in an area that was not included in Cityside’s planned backbone system, it shall notify City of such damage and provide City with an estimate to repair, replace or reroute damage conduit. The City may either authorize Cityside to repair, replace or reroute damaged conduit at City’s sole cost and expense or cancel work on that segment.
• At signalized intersections, install new #6E pullbox adjacent to homerun/main pull box, splice 12 fiber drop cable to 72 fiber trunk cable (fiber assignments to be provided by City), and terminate all 12 fibers in fiber termination unit within traffic signal cabinet (fiber termination unit is SPH-01P). (Alternatively: Instead of terminating all 12 fibers in fiber termination unit, run 12 fiber cable to traffic signal cabinet and coil 20’ of cable in the cabinet.) All terminations in traffic signal cabinets provided by City.
• At signalized intersections, install 3” conduit between new #6E pullbox and traffic signal homerun/main pullbox at traffic signal cabinet;
• For City Hall connection, bring 432 cable to communication box on El Toro Road (in CATV vault in front of City Hall, near Regional Center Drive) next to existing splice cabinet. At vault, upgrade vault to #6E pull box to fit splice closure), add splice closure and splice 72 dedicated fiber to 72 dark fiber and bring in 72 cable through existing 4” conduit to City Hall server room. Terminate entire 72 fiber cable in a new fiber termination unit (PCH-04U: This unit is rated for terminating up to 288 fibers – being requested for future City-initiated scope of work.) • Provide 5 Gigabit business shared internet service to Laguna Hills City Hall (24035 El Toro Road, Laguna Hills, CA) and Laguna Hills Community Center (25555 Alicia Parkway, Laguna Hills, CA)

25 EXHIBIT “E”

TERMS OF SERVICE FOR INTERNET SERVICE AT LAGUNA HILLS CIVIC CENTER

AND LAGUNA HILLS COMMUNITY CENTER
See www.citysidefiber.com/policies for a copy of the terms of service associated with Business Internet Services to be provided to City.

26 EXHIBIT “F”

FIBER SPLICING AND TESTING STANDARDS, SPECIFICATIONS AND

PROCEDURES

1. Fiber and Connector Standards

1.1 Connector Standards
Cityside shall use connectors with a UPC polish. The loss value of any pigtail connector and any associated fiber jumper or pigtail with matching mode field diameters will not exceed 0.5dB at 1550 nm. The loss value of a connector and its associated jumper with mismatched mode field diameters should not exceed 0.8 dB.

1.2 Field Splice Standards
All splices shall be fusion splices. The objective for each splice is an averaged loss value of 0.1 dB or less when measured bi-directionally with an OTDR at 1550 nm. In the event of damage and subsequent restoration of the Fibers, commercially reasonable efforts will be made to restore the Fibers to this standard. If after 3 restoration splicing attempts, Cityside is not able to produce a loss value of 0.1 dB or less bi-directionally at 1550 nm, then 0.5 dB or less bi-directionally at 1550 nm will be acceptable. Fibers not meeting the 0.1 dB or less specification will be identified as Out Of Specification (OOS). Documentation of the three attempts (reburns) to bring the OOS fiber within specification will be provided. “Fibers” under this Exhibit shall mean the dark fiber provided by Cityside pursuant to the underlying agreement.

1.3 Span Loss
It is Cityside’s responsibility to insure proper continuity of all fibers at the fiber level, not just the pigtail level. Any “frogs” or fibers that cross in the route will be remedied by Cityside. The attenuation as measured by a light source and power meter shall not exceed the following:

Maximum Allowable Attenuation per Fiber Span = (A * L) + (0.1 * N) + (0.5 * C) A = 0.3 dB per kilometer (at 1550 nm)
L = Optical length of cable measured in kilometers (from OTDR trace) N = Number of splices in the span
C = Number of mated connector pairs in the span. The connector loss will not exceed 0.5dB per mated pair.

1.4 Reflectance
The maximum reflectance per event, as measured by an OTDR, shall not exceed –40dB.

2. Naming of Traces

27 OTDR traces taken for bi-directional testing, and the OTDR traces of the pigtail splice must be recorded on floppy diskette and provided to City. To name the traces, each party will provide alpha abbreviations for the sites. The 8-character file name plus 3-character file extension name should follow this example:

First four letters = source point
Letters 5, 6, 7 = Destination point
8th letter = wavelength
Extension = fiber number
Examples:

Springfield to Lebanon at 1550 nm, fiber 96 = sgfdlbn5.096 Springfield to Monett pigtail trace on fiber 1 = sgfdmntp.001 □NOTE: ALL HEADER INFORMATION ON OTDR
TRACE MUST BE COMPLETED.

3. Test Packages
Cityside shall provide a package containing the following test data for each fiber. All data provided should be provided to City in digital format.

A. Bi-directional OTDR span traces taken at 1550 nm.

B. An Excel spreadsheet containing the power meter and light source data for both directions at 1550 nm. Should also include the average for each fiber.

C. A document identifying splice points with OOS test results. Should also include documentation supporting the three reburn attempts.

A. The test data shall not include any test of third party connections or any other connections than the Fibers identified in the underlying agreement.

28 EXHIBIT “G”

MAINTENANCE AND OPERATIONS SPECIFICATIONS AND PROCEDURES

1. Defined Terms
a. “Routine Maintenance” is all preventive maintenance activities, upgrades and repairs, including but not limited to those activities outlined in this Exhibit. b. “Non-Routine Maintenance” is all efforts and activities in response to an emergency circumstance which requires restoration.

2. General
a. Cityside shall provide a means for City to report trouble with the Fibers to trained and qualified personnel on a twenty-four (24) hours a day, (7) seven days a week basis, which may include a Cityside contractor or consultant (“Technician”). City shall report trouble to Cityside at Information Systems Helpdesk during normal business hours as defined herein and outside normal business hours in accordance with the escalation list “Operations Escalation List” to be provided.

The normal business hours shall mean and refer to the hours between 8:00 a.m. to 5:00 p.m. Pacific Standard Time, Mondays through Fridays, except for Cityside observed holidays and those closed Fridays. Cityside shall dispatch a Technician along the Fiber System to handle and repair problems reported by City or otherwise discovered by Cityside. “Fibers” under this Exhibit shall mean the dark fiber provided by Cityside pursuant to the underlying agreement. b. The Technician shall be available for dispatch twenty-four (24) hours a day, seven (7) days a week. Cityside shall use best efforts to have its Technician at the site requiring an emergency maintenance activity within four (4) hours from notification by City or other discovery by Cityside, whichever occurs first. In the event that the Fibers is spliced to a third party’s fibers, City shall dispatch the third party’s maintenance personnel to determine if the problem is on Cityside’s Fiber System or the third party’s fiber network before Cityside dispatches a Technician to restore the Fibers; however, Cityside’s four (4) hour response interval described in this Section shall not be deferred or extended due to the time taken by the third party to determine the location of the problem.
c. City shall utilize the Operations Escalation List provided by Cityside, to report and seek immediate initial redress of exceptions noted in the performance of Cityside in meeting maintenance service objectives. Cityside may update the Operations Escalation List from time to time.
d. Cityside shall take workmanlike care to prevent impairment to the signal continuity and performance of the Fibers. The precautions to be taken by Cityside shall include notification to City. In addition, Cityside shall reasonably cooperate with City in sharing information and analyzing the disturbances regarding the Fibers and/or Fiber System. e. Cityside shall notify City at least two (2) days prior to the date of any planned nonemergency maintenance activity. In the event that a Cityside-planned activity is canceled or delayed for any reason as previously notified, Cityside shall notify City at Cityside’s earliest opportunity and will comply with the provisions of the previous sentence to reschedule any delayed activity. Any work on the public right-of-way that may affect or impact public access or traffic circulation shall require an encroachment permit.

29 f. Non-emergency work that is reasonably expected to produce any signal discontinuity must be coordinated between the parties, and performed in accordance with Scheduled Maintenance Procedures. “Scheduled Maintenance Procedures” or “SMP” means a pre-arranged period of time reserved for performing certain work on Cityside’s Fiber System that may impact communication services. Unless otherwise agreed by City, SMP will be completed after 10:00 p.m. and before 6:00 a.m., local time. Major Fiber System work such as fiber rolls and hot cuts will also be scheduled utilizing SMP.
g. Cityside shall maintain the Fibers in a manner that permits normal operation of the equipment associated with the Fibers. Such maintenance includes, but is not limited to, landscaping, weed control, fence repair, smoke detectors, air conditioning, power, and trash removal.

3. Facilities
a. Cityside shall maintain the Fibers in conformance with the Specifications in a manner that permits normal operation of the Fibers.
b. Cityside shall perform appropriate Routine Maintenance on the Fiber System in accordance with Cityside’s then current preventive maintenance procedures that shall not substantially deviate from industry practice and shall be responsible for correcting dysfunction.

4. Fiber System.
a. Cityside shall maintain the Fiber System in good and operable condition and shall repair the fiber in workmanlike manner.
b. Cityside shall perform appropriate routine maintenance on the Fiber System in accordance with Cityside’s then current preventative maintenance procedures. Cityside’s maintenance procedures shall not substantially deviate from industry practice. c. Cityside’s responsibility ends at demarcation point. Testing would take place from demarcation point A to demarcation location Z.

5. Restoration
a. When restoring a cut fiber, the parties agree to work together to restore all traffic as quickly as possible. Cityside, immediately upon arriving on the site of the cut, shall determine the best course of action to be taken to restore the fiber and shall begin restoration efforts. b. It will be the responsibility of Cityside and City to report to one another respectively of any known environmental hazards that would restrict or jeopardize any maintenance work activities in shelters or right of way areas of operations. c. Upon notification of interruption of fiber service, disrepair, impairment or other need for repair or restoration of the Fibers and the location of the damaged Fibers, Cityside shall pursue commercially reasonable efforts to mobilize technicians to achieve necessary repair or restoration, including, but without limitation, to have maintenance personnel at the affected site within four (4) hours after receipt of such notice with the required restoration material and equipment. If City’s use of the Fibers is interrupted due to the occurrence of a Force Majeure event, the non-performing

30 party will contact the other party and repairs and restoration will be made as expeditiously as possible.
d. The requirement for detection of the fault location is “as exact as possible” utilizing test records, fiber documentation, GPS coordinates and OTDR test results of the affected Fibers.

Subject to the priorities described above, if City’s use of the Fibers is interrupted due to an occurrence of a Force Majeure event, repairs and restoration shall be made as expeditiously as possible.
e. For purposes of this section, “commercially reasonable efforts” means activities and performances consistent with prudent utility practice, existing contract provisions for Cityside hourly employees, preserving Fiber System integrity, and response times that do not jeopardize the health and safety of the employees and agents of Cityside and City. f. Cityside maintenance employees or contractors shall be responsible for correcting or repairing fiber discontinuity or damage, including, but not limited to, the emergency repair of the Fibers. Cityside shall use commercially reasonable efforts to repair the Fibers’ traffic-affecting discontinuity as soon as possible after learning of the discontinuity or the service affecting situation.

Item No. 7.2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Retired Annuitant Employment Agreement
Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Approving and Authorizing the Interim City Manager to Appoint a Retired Annuitant to Serve as Interim Community Services Director During Temporary Absence of Current Community Services Director." Background:

The City’s Community Services Director, Holland Gannon, will be taking a temporary leave of absence from employment with the City between November 1, 2025 and approximately December 23, 2025, leaving her position open during that time.

Currently, there are no internal candidates who have the specialized skills and experience necessary to fill the position of Interim Community Services Director during Community Services Director Gannon’s absence.

Fortunately, Karen Crocker, a retired annuitant with specialized skills and previous experience as a Community Services Director, is available and able to serve as Interim Community Services Director during the period of Community Services Director Gannon’s absence.

CalPERS has extensive rules relating to the employment of retired annuitants which must be adhered to. Pursuant to Government Code section 21221(g), appointment of retired annuitants is permissible without the reinstatement into the CalPERS retirement system during a period of temporary absence of a regular City employee that does not exceed one year. Therefore, staff is recommending that the Interim City Manager retain Crocker to serve as Interim Community Services Director during Community Services

Item No. 7.2.1
Dierctor Gannon’s absence and to establish the terms and conditions for such retention consistent with the requirements set forth in Government Code sections 21221(g) and 21224, by approving the Retired Annuitant Employment Agreement (Exhibit “1” to the Resolution).

Fiscal Impact:

There is estimated to be no net fiscal impact arising from this action. The addition of an interim position is negated by temporarily removing the permanent director from payroll.

In accordance with the terms of the proposed Retired Annuitant Employment Agreement, Crocker will perform all the duties and responsibilities of the current Community Services Director, will be paid $90.44 per hour (which does not exceed the hourly rate equivalent of Gannon’s annualized salary), will not receive any other benefits, and will not work more than 960 hours in a fiscal year with the City or any other CalPERS participating employer.

Attachments:

1. Proposed Resolution

2. Retired Annuitant Employment Agreement for K. Crocker

4905-0019-6980, v. 1
RESOLUTION NO. 2025-10-28-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, APPROVING AND

AUTHORIZING THE INTERIM CITY MANAGER TO

APPOINT A RETIRED ANNUITANT TO SERVE AS INTERIM

COMMUNITY SERVICES DIRECTOR DURING

TEMPORARY ABSENCE OF CURRENT COMMUNITY

SERVICES DIRECTOR
WHEREAS, the City’s Community Services Director, Holland Gannon, who is currently on the City’s payroll, will be on a temporary approved leave of absence from employment with the City between November 1, 2025 and, approximately, December 23, 2025 (“Absence”), leaving her position available; and
WHEREAS, there are no internal candidates who have the specialized skills and experience necessary to fill the position of Interim Community Services Director during Community Services Director Gannon’s Absence; and WHEREAS, Karen Crocker, a retired annuitant with specialized skills and experience as a Community Services Director is available and able to serve as Interim Community Services Director during the period of Community Services Director Gannon’s Absence; and
WHEREAS, pursuant to Government Code section 21221(g), appointment of retired annuitants is permissible without the reinstatement into the CalPERS retirement system during a period of temporary absence of a regular City employee; and WHEREAS, the City Council desires to retain Crocker to serve as Interim Community Services Director during the Absence and to establish the terms and conditions for such retention consistent with the requirements set forth in Government Code sections 21221(g) and 21224 by approving the attached Retired Annuitant Employment Agreement (Exhibit “1”).

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

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

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

SECTION 2. Karen Crocker has been selected, based on her specialized skills, to serve as Interim Community Services Director, during Community Services Director Gannon’s Absence; Crocker’s temporary employment shall be terminated at the end of Community Services Director Gannon’s Absence.

Resolution 2025-10-28-X

4905-0019-6980, v. 1
SECTION 3. The City Council hereby approves and authorizes the Interim City Manager to execute the Retired Annuitant Employment Agreement, dated October 28, 2025, which employment agreement is attached hereto as Exhibit “1” with an agreement effective date of October 28, 2025, and employment beginning on November 1, 2025.

PASSED, APPROVED, AND ADOPTED this 28th day of October 2025. ____________________________________

JOSHUA SWEENEY, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2025-10-28-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 28th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

Resolution 2025-10-28-X

4905-0019-6980, v. 1
EXHIBIT “1”

RETIRED ANNUITANT EMPLOYMENT AGREEMENT
DATED: OCTOBER 28, 2025

4936-9770-2516, v. 1

RETIRED ANNUITANT EMPLOYMENT AGREEMENT

INTERIM COMMUNITY SERVICES DIRECTOR

KAREN CROCKER AND THE CITY OF LAGUNA HILLS
THIS AGREEMENT (“Agreement”) is entered into by and between the City of Laguna Hills and Karen Crocker (hereinafter referred to as “Crocker”), to be effective October 28, 2025, and is made in reference to the following facts.

A. Holland Gannon, the current Community Services Director, will be going on maternity leave starting November 1, 2025 and anticipates returning on December 24, 2025.

B. The City does not have a current employee that has the skills and experience to perform the duties of the Community Services Director on an interim basis.

C. During Gannon’s limited term absence, the City desires to retain a retired annuitant with experience in the field of Community Services to serve as Interim Community Services Director.

D. The Interim City Manager therefore desires to appoint Karen Crocker, a retired annuitant with the requisite experience, as Interim Community Services Director for a limited duration while Gannon is on maternity leave to prevent stoppage of public business.

E. This retired annuitant agreement is entered into pursuant to California Government Code section 21221(g).

THEREFORE, IT IS AGREED AS FOLLOWS:

1.0 Appointment and Scope of Services

1.1 Interim City Manager appoints Karen Crocker as Interim Community Services Director to perform the functions and duties specified in the job description for the position of Community Services Director including but not limited to in-person daily support of the Community Services Department, managing contracts, attending City Council meetings as needed and preparing staff reports for City Council meetings; and other legally permissible and proper duties and functions as the Interim City Manager / City Manager may, from time to time, assign. The position of Interim Community Services Director is at-will and serves at the pleasure of the City Manager.

1.2 Crocker hereby agrees to perform fully and faithfully the functions and duties of Interim Community Services Director specified in the job description for the position of Community Services Director including but not limited to in-person daily support of the Community Services Department, managing contracts, attending City Council meetings as needed and preparing staff reports for City Council meetings; and other legally permissible and proper duties and functions as the Interim City Manager / City Manager may, from time to time,

4936-9770-2516, v. 1
assign.

2.0 Term of Agreement
The term of this Agreement shall commence on November 1, 2025 and continue in full force and effect until it automatically terminates on December 23, 2025 or upon Gannon’s return from maternity leave, whichever is later.

3.0 Pay Rate

3.1 The Interim Community Services Director shall receive compensation at the rate of Ninety Dollars ($90.43) per hour, payable on a bi-weekly basis.

3.2 The Interim Community Services Director shall not be entitled to receive any benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals.

4.0 Hours of Work

4.1 The hours of the Interim Community Services Director will not exceed 960 in fiscal year 2025/2026 (even when combined with hours worked for other CalPERS participating agencies). By signing this Agreement, Crocker certifies that she has not reached the 960-hour limit as of the Effective Date of the Agreement and will not reach those hours after working for the City through and including December 23, 2025 (or a later date if Gannon extends her maternity leave).

4.2 Commencing November 1, 2025, Crocker shall work Monday through Friday from 8:00 a.m. through 5:00 p.m. as well as special events on an as needed basis, including but not limited to the tree light ceremony and City Council meetings (upon request of the Interim City Manager).

General Expenses
The City agrees to reimburse Crocker for non-personal expenses reasonably and necessarily incurred in the course and scope of performing her duties. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.

5.0 Other Terms and Conditions of Interim Employment
The Interim City Manager / City Manager shall fix any such other terms and conditions of employment, as he may determine from time to time, relating to Crocker’s performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City Council direction, Municipal Code or any applicable law.

4936-9770-2516, v. 1

6.0 Compliance with Law
Crocker shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement.

8.0 General Provisions

8.1 The text herein shall constitute the entire Agreement between the parties.

8.2 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect.

CITY OF LAGUNA HILLS
_________________________________
Joseph Ames,
Interim City Manager
Date:_________________

INTERIM COMMUNITY SERVICES

DIRECTOR
__________________________________ Karen Crocker
Date:__________________
APPROVED AS TO FORM _________________________________ Gregory E. Simonian City Attorney
Date:_________________
ATTEST: _____________________________
Jennifer Lee,
City Clerk

Item No. 7.3.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Mayor and Council Members
From: Jennifer Lowe, Community Development Director
Issue: City of Laguna Hills Business Recognition Program Recommendation: That the City Council:

1. Consider and approve a City Council Policy to establish a Business Recognition Program that acknowledges outstanding Laguna Hills businesses that demonstrate leadership, community impact, innovation, or significant economic contributions, thereby promoting economic vitality and fostering civic pride and

2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of Laguna Hills, California, Adopting City Council Policy No. 370 Entitled “Business Recognition Program.”
Background:

At the February 11, 2025, City Council meeting, the City Council requested staff return with information to establish a business recognition program that would support Laguna Hills businesses and encourage economic growth within the community. The primary goal of the business recognition program is increased community visibility and goodwill for participating businesses. A business recognition program can also provide the following benefits to businesses and the community:
• Local Economic Growth. A business recognition program can motivate businesses to perform better, innovate, and engage with the community.

Recognized businesses often see an increase in consumer interest, which can lead to higher sales and job creation.

Item No. 7.3.1
• Community Pride and Engagement. Recognizing local businesses can foster a sense of pride and unity amongst the community. A thriving local businesses environment promotes a sense of accomplishment and can strengthen relationships between business owners, employees, and customers. • Increased Customers and Visitors. Highlighting a business can serve as a form of advertisement, boosting the reputation of a business and attracting residents who value supporting local commerce.
• Best Practices and Excellence. A formal recognition program sets benchmarks for success, encouraging businesses to follow best practices. • Partnerships and Collaboration. Business recognition programs can foster collaboration and create networking opportunities for businesses, city officials, and community organizations.
• Business Retention. Most importantly, showing appreciation for businesses may increase retention rates, as local business owners may feel more connected to Laguna Hills and more inclined to stay long-term, knowing their contributions are valued.

General parameters of a program were presented to the Events, Communication, & Beautification Committee on May 14, 2025. The Committee provided input on the program and made a recommendation to bring the program to the City Council for approval for consideration. On May 27, 2025, the City Council provided additional guidance to staff and directed staff to return with a proposed City Council policy for establishing a Business Recognition Program.

As drafted, the proposed City Council Policy, which is attached hereto, would recognize up to six (6) businesses each year on a bi-monthly basis (every other month) centered on each business’ contribution to the community. Selected businesses will have demonstrated leadership and innovation, stewardship and community impact, a sustained presence and commitment to Laguna Hills, and/or any other unique quality or special achievement that merits special acknowledgment.

Upon adoption of the proposed policy, City staff will publish a webpage with information about the Business Recognition Program and provide opportunities for community nomination via an online form and email. Staff will review the nominations for eligibility and present the eligible nominees to the Economic Development

Item No. 7.3.1
Committee for selection. The selected business will receive a Certificate of Recognition presented at the next available, regular City Council meeting. The Mayor or his/her designated Council Member and Laguna Hills Chamber of Commerce representative will also visit the business. Additional public recognition of the business will be published on the City's official communication channels, including the Roundup Newsletter and social media platforms. The business and their biography will also be highlighted on the City website for two (2) months. Staff anticipates the City Council recognizing its first business under this program at the December 9, 2025, regular City Council meeting.

Attachments:

1. Proposed Resolution

2. Proposed City Council Policy No. 370

3. City Council Staff Report May 27, 2025

RESOLUTION NO. 2025-10-28-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, ADOPTING CITY COUNCIL
POLICY NO. 370 ENTITLED “BUSINESS RECOGNITION
PROGRAM”
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, the City Council may establish City Council Policies for providing procedures, direction and guidelines to the City Manager for the administration, operation, and general health, safety, and welfare of the City; and WHEREAS, the City Council recognizes the vital role that local businesses play in supporting the economic health, vibrancy, and overall quality of life within the community; and
WHEREAS, local businesses contribute significantly to the City through job creation, innovation, provision of essential goods and services, community engagement, and support of civic initiatives; and
WHEREAS, the City Council desires to encourage leadership, economic resilience, community service, and long-term commitment among businesses operating within the City; and
WHEREAS, the City Council finds and determines that the establishment of a formal Business Recognition Program would serve as an important tool for the City to spotlight and publicly commend businesses that contribute positively to the local economy and the well-being of residents; and
WHEREAS, the City Council believes that such recognition not only honors deserving businesses but also encourages others to strive for excellence and deeper community involvement; and
WHEREAS, the City Council desires to formally recognize and celebrate the achievements of its local business community through the establishment of a structured, transparent, and inclusive Business Recognition Program that aligns with the City’s strategic goals related to economic development, stewardship, innovation, and community engagement.

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

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

SECTION 1. The foregoing recitals set forth above are true and correct and are incorporated by reference herein.

Resolution No. 2025-10-28-X

SECTION 2. City Council Policy No. 370, entitled, “Business Recognition Program," is hereby approved and adopted as set forth in Exhibit “A,” a copy of which is attached hereto and is incorporated herein by reference.

PASSED, APPROVED AND ADOPTED this 28th day of October 2025.

JOSHUA SWEENEY, MAYOR
ATTEST:

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2025-10-28-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 28th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)

JENNIFER LEE, CITY CLERK

Resolution No. 2025-10-28-X

Exhibit A
City Council Policy No. 370
Business Recognition Program

1 4898-0643-9283, v. 1

CITY OF LAGUNA HILLS
City Council Policy
Subject: Business Recognition Program
Policy No. 370
Effective Date:

Last Revision:

PURPOSE:

To establish a formal Business Recognition Program that acknowledges outstanding Laguna Hills businesses that demonstrate leadership, community impact, innovation, or significant economic contributions, thereby promoting economic vitality and fostering civic pride.

POLICY:

ELIGIBILITY CRITERIA
To be eligible for recognition, a business must:

1. Operate at a physical location within the City of Laguna Hills (post office boxes are ineligible).

2. Employ at least two (2) individuals.

3. Maintain a valid Certificate of Use and Occupancy, if operating in a commercial location.

4. Be in good standing with all applicable City codes, ordinances, and regulations, with no outstanding or active code enforcement violations.

5. Not a previous award recipient within the last three (3) years.

NOMINATION AND SELECTION PROCESS

1. Nominations:
a. May be submitted by any person, resident, community group, organization, or member, or by the business itself, via email or online form on the City website. Self-nominations are acceptable. b. Each nomination must include a brief narrative explaining how the business meets at least one of the following criteria:
o LEADERSHIP/INNOVATION – Businesses recognized under this criterion demonstrate visionary thinking and proactive leadership within their respective industries. These businesses are distinguished by their commitment to operational excellence, continuous improvement, and the pursuit of innovative solutions

City Council Policy
No. 370
Business Recognition Program
2 4898-0643-9283, v. 1
that drive success and progress. They may be industry pioneers in adopting new technologies, practices, or strategies that enhance efficiency, sustainability, or customer satisfaction. Their forwardthinking approach and dedication to innovation set them apart as leaders within their fields and as invaluable assets to the economic vitality of the City of Laguna Hills.
o STEWARDSHIP/COMMUNITY IMPACT – This criterion acknowledges businesses that make significant, positive contributions to the Laguna Hills community. Such businesses actively engage in civic activities, support local nonprofit organizations, or participate in community initiatives through volunteerism, sponsorships, and in-kind contributions. They foster a culture of employee engagement and social responsibility, encouraging their workforce to support causes and initiatives that enhance the community’s well-being. These businesses exemplify good corporate citizenship and strengthen the social fabric of the City.
o HERITAGE – Businesses recognized under this criterion demonstrate a sustained presence and long-term commitment to the City of Laguna Hills. They have established themselves as integral members of the local economy, navigating evolving market conditions and consistently providing valued products, services, or employment opportunities over many years. Their longevity reflects their resilience, adaptability, and dedication to the community’s success, making them foundational contributors to the City’s identity and economic stability.
o OTHER – This criterion provides for the recognition of businesses whose unique qualities, exceptional achievements, or noteworthy services do not fall specifically within the above categories yet merit special acknowledgment. Examples may include unique customer service practices, significant cultural or artistic contributions, innovative marketing campaigns, exemplary environmental stewardship, or extraordinary dedication to customer satisfaction. This category ensures that the City of Laguna Hills can honor and celebrate the full spectrum of business excellence and innovation within the community.

City Council Policy
No. 370
Business Recognition Program
3 4898-0643-9283, v. 1

2. Review and selection:
a. City staff shall conduct an initial eligibility review of nominations. b. Eligible nominations shall be forwarded to the City’s Economic Development Committee. Awardees will be selected by the Committee in collaboration with partners from the Laguna Hills Chamber of Commerce.
c. Nominees not selected may be re-nominated and considered in future cycles.

FREQUENCY OF RECOGNITION
The City shall recognize up to six (6) businesses per calendar year on a bimonthly basis (every other month).

RECOGNITION COMPONENTS
Recognized businesses shall receive:

1. A Certificate of Recognition presented at the next available, regular City Council meeting.

2. A site visit conducted by the Mayor or his/her designated Council Member, accompanied by a Laguna Hills Chamber of Commerce representative.

3. Public recognition through the City's official communication channels, including the Roundup Newsletter and social media platforms. The business will be highlighted on the City website with a biography for two (2) months.

ADMINISTRATION
This program shall be coordinated by the Community Development Department. Program logistics, outreach, and communications shall be developed and administered in a resource-efficient and equitable manner.

REVIEW
This policy shall be reviewed periodically by the City Council to assess program effectiveness, equity, and relevance, and may be modified as needed.

ATTACHMENTS:
● NONE

Item No. 7.3.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: May 27, 2025
To: Mayor and Council Members
From: Jennifer Lowe, Community Development Director
Issue: Business Recognition Program
Recommendation: That the City Council review and discuss the proposed business recognition program and provide direction to staff regarding the adoption of a business recognition program.

Background:

At the February 11, 2025, City Council meeting, the City Council requested staff return with information to establish a business recognition program that would support Laguna Hills businesses and encourage economic growth within the community. Business recognition programs are generally designed to highlight outstanding businesses, provide public recognition, and foster a sense of community pride and engagement. As with any initiative, such programs come with advantages and potential drawbacks. This report briefly outlines the key benefits and potential issues of establishing a business recognition program.

The primary goal of a business recognition program is increased community visibility and goodwill for participating businesses. Business recognition programs can also provide the following benefits to businesses and the community:
• Local Economic Growth. A business recognition program can motivate businesses to perform better, innovate, and engage with the community. By offering public recognition, the program encourages businesses to strive for excellence, which in turn can help improve the local economy. Recognized businesses often see an increase in consumer interest, which can lead to higher sales and job creation.

Item No. 7.3.1
• Community Pride and Engagement. Recognizing local businesses can fosters a sense of pride and unity amongst the community. A thriving local businesses environment promotes a sense of accomplishment and can strengthen relationships between business owners, employees, and customers. • Increased Customers and Visitors. Business recognition programs can make local businesses stand out in the marketplace, leading to increased visibility and more customers. Highlighting a business can serve as a form of advertisement, boosting the reputation of a business and attracting residents who value supporting local commerce.
• Best Practices and Excellence. A formal recognition program sets benchmarks for success, encouraging businesses to follow best practices. The program can highlight exemplary businesses that operate with community engagement or innovation, encouraging others to follow suit and adopt similar practices. • Partnerships and Collaboration. Business recognition programs can create networking opportunities for businesses, city officials, and community organizations. These programs can help foster collaboration between public and private sectors, creating opportunities for partnerships that benefit the Laguna Hills economy.
• Business Retention. Showing appreciation for businesses may increase retention rates, as local business owners may feel more connected to Laguna Hills and more inclined to stay long-term, knowing their contributions are valued.

A business recognition program is generally perceived as beneficial to the community, it has the potential to have difficulties if not developed properly. Some drawbacks may include:
• Potential for Perceived Bias or Favoritism. If the selection process for awardees is not transparent or fair, businesses may feel overlooked or discounted. The recognition may inadvertently favor businesses with better resources, leaving out small or newer companies that could benefit from the publicity. • Resource Intensive. Organizing and maintaining a business recognition program can require significant time, money, and resources if not implemented in an effective and resourceful manner. Staff must be dedicated to the administration of the program, which includes developing criteria, evaluating businesses, and publicizing the recognized business.
• Equity Concerns. The criteria used to select award winners might not be inclusive of all types of businesses. For example, certain sectors or industries may not be eligible for recognition based on the program’s criteria. This could create a perception of inequality and alienate certain segments of the business

Item No. 7.3.1
community. This could perpetuate inequalities if not carefully managed.

Additionally, staff conducted a brief survey of Orange County cities that implement a business recognition or similar type of program for effectiveness and comparability purposes. When developing the following program guidelines, staff was mindful of creating eligibility criteria that would celebrate the benefits listed above while avoiding some of the drawbacks that can be associated with business recognition programs.

Proposed Business Recognition Program

1. Eligbility
Business shall:
• Have a physical address within the City of Laguna Hills. • Employ at least two employees.
• Posses a valid Certificate of Use & Occupancy, if located in a commercial location. • Be in compliance withe the Laguna Hills Municipal Code regulations and requirements and have no active code enforcement violations on record.

2. Selection Process
• Nomination submitted by the City Council or Community via email or web-based form with brief narrative.
• Self-nominations are acceptable.
• Unselected nominees may be nominated for future awards. • Nomination shall include a narrative that states how the business meets at least one of the following merits
o Leadership/Innovation – Inspires other businesses in the community; delivers new thinking in the marketplace; Raises the bar and showcased Laguna Hills as an area of thoughtful, innovative industry leaders; o Stewardship/Community Impact – proven contributions to the enhancement of the community; engages and gives back to the community but values a strong workforce as part of the culture and values of the organization;
o Heritage – Longevity and history; demonstrated consistent stability and contributed significantly to the economic development of the Laguna Hills community; and/or
o Other – Narrative to include how the business has a unique or remarkable contribution or quality that should be recognized.

Item No. 7.3.1
• Selection Committee
o City staff will conduct an initial review for eligibility and recommendation for award.
o Final nominations brought to a City Council appointed committee for selection with input from Chamber of Commerce.

3. City Recognition
• Businesses shall be selected on a bimonthly (every other month) basis, for a total of six (6) businesses/year.

4. Deliverables
• Certificate of Recognition from the City Council at a City Council meeting • Site tour of businesses by Mayor or City Council Member and Chamber of Commerce representative
• Spotlight in Roundup, City Website, & City Social Media Outlets The draft program was presented to the Events, Communication, & Beautification Committee on May 14, 2025. The Committee provided input on the program and made a recommendation to bring the program to the City Council for approval for consideration.

Fiscal Impact:

As currently proposed, implementation of the proposed Business Recognition Program will result in no fiscal impact.

Recommendation
Staff recommends that the City Council review and discuss the proposed business recognition program and provide direction to staff regarding the adoption of a business recognition program.

Attachments:

None

Item No. 7.4.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Mayor and Council Members
From: Bill Burk, Chief of Police Services
Issue: Public Safety Update
Recommendation: That the City Council receive an update on public safety activities.

Background:

Chief of Police Services, Captain Burk, will provide a report to the City Council on recent public safety activities in Laguna Hills.

Fiscal Impact:

There is no fiscal impact associated with receiving this report.

Attachments:

None

Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 28, 2025
To: Mayor and Council Members
From: Kayle McDonald, Deputy City Clerk
Issue: 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.

Background:

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

Transportation Corridor Agencies (TCA)
Board of Directors
Council Member Pezold
October 16, Joint Board Meeting
Orange County Mosquito and Vector Control District (OCMVCD) Board of Trustees
Council Member Pezold
October 16, Regular Meeting
Orange County Transportation Authority (OCTA)
Citizens Advisory Committee
Council Member Wheeler
October 21, Regular Meeting

Item No. 9.1
Orange County Public Libraries
Library Advisory Board
Council Member Wheeler
October 23, Regular Meeting
Fiscal Impact:

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

Attachments:

None