20230919_6_Niguel Hills Neighborhood Traffic Study — Laguna Niguel City Council, September 19, 2023

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 19, 2023
SUBJECT: Award of Professional Services Agreement for Niguel Hills Neighborhood Traffic Study to RK Engineering Group, Inc.

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Professional Services Agreement for the Niguel Hills Neighborhood Traffic Study to RK Engineering Group, Inc. in the not-to-exceed amount of $75,065;

2. Approve a not-to-exceed 10% contingency of the contract in the amount of $7,507 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $82,572, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Professional Services Agreement with RK Engineering Group, Inc., subject to the City Attorney making non-substantive changes.

BACKGROUND
Since 2015, the City has analyzed and implemented various traffic calming measures on La Plata Drive (located in the Niguel Hills neighborhood). These measures were meant to address residents' speeding concerns, from non-physical treatments such as enforcement, speed feedback trailers, centerline striping, signage, and speed legends to physical devices such as traffic circles and speed bumps.

La Plata Drive is a 40-foot wide, double-loaded residential street that intersects Crown Valley Parkway. La Plata Drive is approximately half a mile in length with a downhill grade running from Via Portola to Crown Valley Parkway. The posted speed limit is 25 miles per hour (MPH). The street serves as the primary access road for more than 75 homes on La Plata Drive and several cul-de-sacs. The average speed on La Plata Drive is 27 MPH and the 85th percentile speed is 34 MPH. The average daily traffic on La Plata Drive varies from 750 vehicles near Via Portola to 1,200 vehicles near Vista Plaza. There has

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been only one reported collision in the past three years. The collision occurred in January 2020 where the driver was under the influence, which is a type of collision that cannot be corrected with traffic control devices.

In April 2023, staff presented an item to the Traffic and Transportation Commission related to additional traffic calming for La Plata Drive. At the April 2023 Traffic and Transportation Commission meeting, staff recommended edge line striping for La Plata Drive. Edge line striping is a traffic calming measure used to narrow the travel lanes for vehicles, thereby inducing drivers to lower their speeds. During the public comment period, residents of La Plata Drive as well as residents of the surrounding streets spoke on traffic calming improvements on La Plata Drive. The residents were not in favor of the edge line striping and instead they requested alternative traffic calming measures on La Plata Drive, traffic calming measures on streets adjacent to La Plata Drive, and more public outreach to the neighborhood regarding the issue.

During the meeting, the Commission selected one of staff's alternative actions and directed staff to perform a comprehensive traffic calming study for the Niguel Hills neighborhood in lieu of installing the recommended edge line striping. The April 2023 Traffic and Transportation Commission staff report and meeting minutes are included as Attachments "A" and "B".

The comprehensive traffic calming study would expand beyond La Plata Drive and include the entire Niguel Hills neighborhood (Attachment "C") which consists of over 480 homes and is not managed by a homeowner's association (HOA). The comprehensive traffic study includes the following features:
• Complete the traffic calming study using a holistic approach that encompasses the entire neighborhood.
• Consider alternative traffic calming measures.
• Conduct extensive public outreach with the neighborhood to gather input from residents.
• Educate residents on traffic calming measures.
• Build consensus on proposed traffic calming solutions amongst a neighborhood without an HOA
The Niguel Hills Neighborhood Traffic Study supports City Council Goal 1 (Public Safety), Goal 4 (Infrastructure and Technology), and Goal 6 (Communication & Community Outreach).

ANALYSIS
Since the April 2023 Traffic and Transportation Commission meeting, additional speed radar warning signs have been installed on La Plata Drive and Police Services has been monitoring traffic on La Plata Drive to enforce the speed limit.

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In July 2023, staff issued a Request for Proposals (RFP) for the Niguel Hills Neighborhood Traffic Study (Attachment "D"). In response to the RFP, three proposals were received.

The proposals were evaluated based on the following criteria: (1) Key Personnel; (2) Project Approach; (3) Relevant Experience; and (4) Cost. The proposal rating sheets are available at the Public Works Department for review. The table below displays the costs and ranking for the three consultant firms.
10% Total Cost Ranking
Consultant Base Cost
Contingency
RK Engineering Group, Inc. $75,065 $7,507 $82,572 1
(Recommended)
Linscott, Law & Greenspan, $79,992 $7,999 $87,991 2
Engineers
W.G. Zimmerman
$154,445 $15,445 $169,890 3
Engineering, Inc.

Pursuant to Laguna Niguel Municipal Code Section 3-6-8, professional services contracts with an estimated expenditure of $50,000 or more must be awarded based on the demonstrated competence of the service providers, and on the service provider's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the City and shall not be awarded solely on the basis of cost. After a thorough review of the proposals received, including in-person interviews with the top two consultant firms, staff has selected the proposal submitted by RK Engineering Group, Inc. for its highly qualified staff, understanding of the project, project approach, and public outreach plan for stakeholder engagement. RK Engineering Group, Inc. provided an extensive public outreach plan including multiple "town hall" style community meetings, radar speed data collection demonstrations with a Lidar gun, phone number hotline, postcards, and a project website.

RK Engineering Group, Inc. is a full-service engineering firm with a regional presence and has an extensive client list that illustrates their commitment to providing high quality traffic calming solutions. Clients with a similar project description and contract amount include the cities of Dana Point, Irvine, Aliso Viejo, and Newport Beach. Staff completed a reference check for RK Engineering Group, Inc. and confirmed their past project experience and effective performance.

Staff recommends that the City Council award the Professional Services Agreement for the Niguel Hills Neighborhood Traffic Study to RK Engineering Group, Inc. in the not-to- exceed amount of $75,065. Staff also recommends that the City Council approve a not- to-exceed 10% contingency of the contract in the amount of $7,507 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $82,572, if needed (Attachment "E").

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ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Niguel Hills Neighborhood Traffic Study. Staff believes that rebidding the RFP will not result in more desirable bids.

2. The City Council may decide not to award the Professional Services Agreement to RK Engineering Group, Inc. and delay the Niguel Hills Neighborhood Traffic Study to a later date.

FISCAL REVIEW
The Fiscal Year 2023-24 Public Works Department budget includes sufficient funds for the proposed Niguel Hills Neighborhood Traffic Study.

LEGAL REVIEW
The City Attorney's Office has reviewed the Professional Services Agreement and has approved the document as to form.

CONCLUSION
Staff recommends that the City Council:

1. Award the Professional Services Agreement for the Niguel Hills Neighborhood Traffic Study to RK Engineering Group, Inc. in the not-to-exceed amount of $75,065;
• Ar overest ended or ning no of had tracint Put works
Director/City Engineer to approve additional work for a total not-to-exceed amount of $82,572, if needed; and,

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Lamara Алонам С.

Tamara S. Letourneau
City Manager
Attachments:

A. Traffic and Transportation Commission Staff Report, April 26, 2023 B. Traffic and Transportation Commission Meeting Minutes, April 26, 2023 C. Location Map
D. RFP for Niguel Hills Neighborhood Traffic Study
E. Professional Services Agreement with RK Engineering Group, Inc.

ATTACHMENT A
Traffic and Transportation Commission Staff Report,
April 26, 2023

CITY OF LAGUNA NIGEL

TRAFFIC AND TRANSPORTATION COMMISSION

AGENDA ITEM
To: Traffic and Transportation Commission Members
FROM: Kathy Nguyen, Engineering Services Manager/City Traffic Engineer DATE: April 26, 2023
SUBJECT: La Plata Drive Traffic Calming Improvements

RECOMMENDATION
Staff recommends that the Traffic and Transportation Commission:

1. Concur with staff's proposed improvements; and,

2. Receive and file this report.

BACKGROUND
La Plata Drive is a 40-foot wide, double-loaded residential street that intersects Crown Valley Parkway. La Plata Drive is approximately half a mile in length with a downhill grade running from Via Portola to Crown Valley Parkway (Attachment "A"). The posted speed limit is 25 miles per hour (MPH). The street serves as the primary access road for more than 75 homes on La Plata Drive and several cul-de-sacs. The average speed on La Plata Drive is 27 MPH and the 85th percentile speed is 34 MPH. The average daily traffic on La Plata Drive varies from 750 vehicles near Via Portola to 1,200 vehicles near Vista Plaza. There has been only one reported collision in the past three years. The collision occurred in January 2020 where the driver was under the influence, which is a type of collision that cannot be corrected with traffic control devices.

In June 2015, the City Council approved the installation of centerline striping along La Plata Drive from Vista Plaza Drive to Via Portola to reduce speeds. The installation of the centerline temporarily reduced speeds by an average of 4 MPH.

In March 2016, residents contacted the City with additional concerns of high speeds along the same segment of La Plata Drive. In July 2016, the Traffic and Transportation Commission recommended that the City Council approve a petition for speed bumps on La Plata Drive. The City Council directed staff to mail ballots to the affected residents to vote on the installation of speed bumps on La Plata Drive. Per the City's Residential Traffic Management Policy, "affected residents will include residents of the street and

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other residents in the area who use the street due to the circulation system and/or that would experience an increase in emergency response time." Ballots were mailed to residents of Via Larga, Via Pan, Via Cebolla, and La Plata Drive. The results of the ballot did not meet the minimum 67% support required to install speed bumps on La Plata Drive.

The City Council certified the ballot results in September 2016 (Attachment "B").

In November 2016 and January 2017, traffic circle concepts were discussed at the Traffic and Transportation Commission meetings as a traffic calming measure on La Plata Drive (Attachments "C" and "D"). This countermeasure was not explored further due to a lack of support from residents.

In December 2021, a resident requested traffic calming measures on La Plata Drive during the Public Comment portion of a Traffic and Transportation Commission meeting.

Since that meeting, oversize speed limit signs and speed limit pavement markings have been installed on La Plata Drive, which reduced speeds by nearly 2 MPH. Speed feedback trailers have been regularly deployed on La Plata Drive on a rotating basis.

Increased police enforcement of speeds resulted in as many as 19 citations in a single enforcement period. It has been observed that many of the speed violators reside within the La Plata Drive neighborhood. Outreach to the neighborhood by City staff including Orange County Sheriff's Department deputies has been increased.

At the request of a resident, City staff from Public Works, Community Development, and Police Services Departments met with several residents from the La Plata Drive neighborhood on April 20, 2023 to listen to their concerns and ideas for traffic calming in advance of the scheduled Traffic and Transportation Commission meeting on April 26, 2023. The residents' suggestions included speed bumps and full street closure to address their concerns related to speed and volume.

ANALYSIS
Since 2015, the City has looked into various traffic calming measures for La Plata Drive, from non-physical treatments such as enforcement, speed feedback trailers, centerline striping, signage, and speed legends to physical devices such as traffic circles and speed bumps. Another "tool" in the traffic calming "toolbox" to consider is edge line striping. Edge line striping is a traffic calming measure used to narrow the travel lanes for vehicles, thereby inducing drivers to lower their speeds. The Institute of Traffic Engineers Journal has covered several case studies that have used edge line striping as a traffic calming measure. Through several case studies in Orange County, California, it was noted that striping (edge lines, center lines, etc.) could successfully reduce speeds by 2 to 7 MPH.

For La Plata Drive, edge lines are proposed to narrow the vehicular travel lane widths from 20 feet to 11 feet. Edge lines do not impact on-street parking. The proposed striping improvements also include three sets of "SLOW" pavement markings to remind drivers to slow down. Warning signs that say "RADAR STRICTLY ENFORCED" are also proposed for installation on La Plata Drive.

The proposed edge line striping installation will be conducted in two phases (Attachment "E"). Phase I of the striping installation is from Via Valverde to Via Portola which the City

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will install. Phase Il of the striping will be installed on La Plata Drive from Crown Valley Parkway to Vista Plaza Drive as part of the Grace Church development project.

Laguna Niguel Municipal Code Section 7-4-202(b)(3) allows staff the authority to install traffic striping and warning signs. The proposed improvements are within staffs authority to implement immediately. Staff recommends that the Traffic and Transportation Commission concur with the proposed improvements and receive and file this report.

A "before" and "after" study will be conducted to evaluate the effectiveness of the proposed improvements. The study will be presented to the Traffic and Transportation Commission at a future meeting.

ALTERNATIVES CONSIDERED

1. The Traffic and Transportation Commission may decide not to concur with staffs recommendation. This alternative will result in no changes to current conditions.

2. The Traffic and Transportation Commission may decide not to concur with staffs recommendation and direct staff to look into alternative traffic calming measures based upon feedback from the neighborhood. Studies may be necessary to support alternative traffic calming measures.

3. The Traffic and Transportation Commission may concur with staff's recommendation and direct staff to look into additional traffic calming measures based upon feedback from the neighborhood. Studies may be necessary to support additional traffic calming measures.

FISCAL REVIEW
The cost to install the proposed improvements is approximately $33,000. There are sufficient funds in the Fiscal Year 2022-23 Public Works Department budget to cover the cost of the proposed improvements.

LEGAL REVIEW
No legal review is required for this report.

CONCLUSION
Staff recommends that the Traffic and Transportation Commission:

1. Concur with staffs proposed improvements; and,

2. Receive and file this report.

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Vth
Kathy Nguyen
City Traffic Engineer
Attachments:

A. Location Map
B. September 2016 City Council Staff Report
C. November 2016 Traffic and Transportation Commission Staff Report and Meeting Minutes
D. January 2017 Traffic and Transportation Commission Staff Report and Meeting Minutes
E. Proposed Improvements on La Plata Drive

ATTACHMENT A
Traffic and Transportation Commission Agenda Item -
April 26, 2023
Location Map
Vicinity Map
Crown Valley Pkwy
Via Larga
Vista Plaza
La Plata Dr.

La Plata Dr Via Portola
La Vida
La Plata Drive
Location Map N

ATTACHMENT B
Traffic and Transportation Commission Agenda Item -
April 26, 2023
September 2016 City Council Staff Report

CITY OF LAGUNA NIGUEL

AGENDA ITEM
CITY COUNCIL SEPTEMBER 20, 2016
To: Honorable Mayor and Council Members
FROM: Nasser Abbaszadeh, Director of Public Works/City Engineer SUBJECT: Ballot Results for La Plata Drive Road Bumps
SUMMARY: On July 19, 2016, the City Council approved a petition for road bumps on La Plata Drive as recommended by the Traffic Commission. As a result, the City Council directed staff to mail ballots to property owners to vote on the installation of road bumps on La Plata Drive. On August 16, 2016, the votes were tallied. The results of the ballots did not meet the minimum 67% support required to install road bumps on La Plata Drive. It is recommended that the City Council certify the results of the ballots.

BACKGROUND
La Plata Drive is a 40 foot wide, double loaded residential street that intersects with Crown Valley Parkway. The street is approximately 1/2 of a mile in length with a downhill grade running from Vista Plaza (north) to Crown Valley Parkway. The street serves as the primary access road for the 75+ homes on La Plata Drive and several cul-de-sacs. La Plata Drive also serves as a bypass to other neighborhoods which indirectly connect with Golden Lantern.

The residents on the street experience similar conditions to those on other residential collector streets such as La Hermosa Avenue, Paseo del Campo, Hillhurst Drive and Adelanto Drive. These streets carry higher traffic volumes, and sometimes higher rates of speed, compared to typical residential streets that only serve the immediate residents.

On June 16, 2015, the City Council approved the installation of centerline striping as a means to apply traffic calming to La Plata Drive to help reduce speeds. While there was an initial reduction of speeds with this striping installation, subsequent traffic studies indicated that those reductions were lost. Residents of the area revisited the idea of requesting road bumps on La Plata Drive and submitted a petition to the Traffic Commission on June 22, 2016.

On July 19, 2016, the City Council approved the petition for road bumps on La Plata Drive as recommended from the Traffic Commission. As a result of the approval, the City Council directed staff to mail ballots to affected property owners. A copy of the July 19, 2016 Meeting Minutes and previous City Council Report (See Attachments A and B) are included.

Ballot Results for La Plata Drive Road Bumps - Agenda Item 9/20/2016 Page 2

ANALYSIS
Voting Results
The next step in the process to install road bumps on La Plata Drive was for the individual property owners in the affected area to vote by ballot for the road bumps.

Per the City's Residential Traffic Management Policy:
"...the City will conduct a vote of the "affected residents" asking them to vote "yes" or "no" on the proposed road bump installation. "Affected residents" will include the residents of the street and other residents in the area who use the street due to the circulation system and/or that would experience an increase in emergency response time."
The ballot vote was conducted between July 20, 2016 and August 12, 2016. The votes were counted and tabulated by the City Clerk's Office on August 16, 2016 (See Attachment C). The results of the vote were as follows:

Ballots Ballots Yes No Invalid
Mailed Received Votes Votes Votes
91 67 24 (36%) 42 (63%) 1
The City's Residential Traffic Management Policy requires that a minimum of 50% of the ballots mailed are received by the City. In this case, 67 ballots were returned which exceeded the 45 ballots required. In addition, 67% of the ballots returned must support the installation in order for the City to install the road bumps on La Plata Drive. In this case, the "yes" votes were only 36%, which is less than the 67% required to support the proposed road bump installation.

Current Enforcement
Since the process for road bumps process began on La Plata Drive, some changes have occurred to enhance enforcement in residential areas. Police Services has acquired a new motorcycle officer, which provides the City with more patrol. Motorcycle officers are less noticeable to the average driver. One observable constant is that drivers change their behavior when they notice a full sized police vehicle. With a motorcycle officer, drivers are not as readily influenced Since the addition of centerline striping in June 2015, Police Services has received more requests for patrol on La Plata Drive. In meeting these requests for enforcement, there have been two (2) citations on this segment of La Plata Drive within. This may have aided in the reduction of speeding vehicles documented after the striping installation.

Typically, visits by Police Services provide a level of awareness to the residential area as a whole.

Drivers may perceive that once Police Services visits the area, they will return. The City will also Ballot Results for La Plata Drive Road Bumps - Agenda Item 9/20/2016 Page 3 continue to deploy radar trailers and within this neighborhood in a coordinated effort with enforcement patrol.

Conclusions
The City had completed several steps through the use of signing and striping prior to the vote for

FISCAL IMPACT
None.

RECOMMENDATION
That the City Council certify the results of the ballot vote and direct Police Services to continue to provide enforcement as time and personnel permit.

PREPARED the
BY:

Edgar Abrenica
Associate Civil Engineer

SUBMITTED
BY:

Nasser Abbaszadeh
Director of Public Works/City Engineer
Ballot Results for La Plata Drive Road Bumps - Agenda Item 9/20/2016 Page 4

REVIEWED
BY: T.s. Oper
Terry Dixon
City Attorney

REVIEWED
BY:

City Manager
Attachments:

A. City Council Meeting Minutes
B. City Council Agenda Item - La Plata Road Bump Request C. City Clerk's Ballot Voting Verification
D. Residential Traffic Management Policy excerpt

ATTACHMENT A
July 19, 2016 City Council Meeting Minutes
traffic calming methods be sent back to the Traffic Commission for re-evaluation.

She resuested that residents on both Vista Plaza Drive and La Vida Drive be included in the impacted properties report and be allowed to vote.

Michael Curtis, residerit, inguired about the trees at Crowa Valley Park, Niguel Road and Ivy Glenn that were out down.

City Manager Foster responded that theis a bark beetle problem affecting the trees and they had to be cut dower
Mark Goodman, reeident, referred to the minutes of the June 7, 2016 City Council meating under Item No. 3 on the Consent Calendar. He requested that the comments he and Mayor Pro Tem Slusiewicz made on the Calverten Circle property be in verbatim format.

CONSENT CALENDAR
Council Member Gennawey pulled Item No. 7 for discussion. Mayor Pro Tem Slusiewicz pulled Item No. 3 for discussion.

Member M aga, approve the Mainer opate Consen dalendar as Motion carried 5-0.

Warrants of July 5, 2016 and July 19, 2016
Approved as written.

Payroll Summary Registers
Approved as written.

4. Investment Report as of May 31, 2016
Received and filed the City of Laguna Niguel Investment Report as of May 31, 2016.

ContracoN. -petion for Reconstruction of Diving Platforms. Cash a. Als. 1ed as complete the Reconstruction of Diving Platforms - Cash Contrac b. Authorized recordation of the Notice of Completion for said project; . Authorized the release of the 5% retention thirty five (35) days after th cordation date of the Notice of Completion to the extent allowed by Stat Law; and
d. Airy Mand the Final Closeout Agrement and authorize its execution by the City Councll Regular Minutes Page 2 of 6 July 19, 2016
Agreement for Crossing Guard Services with All City Management Services, Inc.

Approved, and authorized the City Manager to execute the Agreement with All City Management Services, Inc. for three years, including two one-year options.

La Plata Drive Road Bump Request
". Apted the petition of residents on La Plata Drive for the request of road b. Directed staff to mail the ballot measure to the impacted area; and c. Directed Police Services to continue with enforcement as time and personnel permits.

9. Award of Construction Contract for the Bear Brand Park Soccer Field Synthetic Turf Replacement - Cash Contract No. 16-06
a. Awarded the Contract to construct the Bear Brand Park Soccer Field Synthetic Grass Replacement Project - Cash Contract No. 16-06 for the Base Bid amount to SprinTurf LLC., with the rejection of the Add Alternates; and, b. Authorized the City Manager to sign the Contract.

10. Appointment of the Honorable Jonathan H. Cannon, Retired Judge of the Orange County Superior Court, to Serve as Hearing Officer for Nuisance Abatement Actions
a. Appointed the Honorable Judge Jonathan H. Cannon, retired Orange County Superior Court Judge, as a Hearing Officer for all hearings for the nuisance abatement action against 23511 Calverton Circle, Laguna Niguel; and b. Appointed Judge Jonathan H. Cannon to serve as Hearing Officer for other nuisance abatement matters that may arise in the future.

STEMS PULLED

3. Minutes of the Regular City Council Meetings on June 7, 2016 and dune 21, 2016
Mayor Pro Tem Slusiewicz requested that the City Concil revise the minutes for the June 7, 2016 City Council mesting to inalade verbatim comments he anc Mark Goodman made regarding the Calverton Circle property. He asked City Attorney Dixon if the minutes are required to be Tosubmitted to the City Council after adding the verbatim.

City Attorney Dinon stated that the minutes did not have to be brough back to City Council for approval.

City Council Regular Minutes Page 3 of 6 July 19, 2016

ATTACHMENT B
July 19, 2016 Agenda Item
La Plata Drive Road Bump Request

CITY OF LAGUNA NIGUEL

AGENDA ITEM
CITY COUNCIL JULY 19, 2016
To: Honorable Mayor and Council Members
FROM: Nasser Abbaszadeh, Director of Public Works/City Engineer SUBJECT: La Plata Drive Road Bump Request
SUMMARY: In June 2015, the City Council approved the installation of a centerline stripe to address concerns of speed along La Plata Drive from Via Portola to Vista Plaza Drive. Subsequent traffic studies indicated that the speeds along the segment of La Plata Drive decreased from July 2015 through January 2016. In April 2016, the City received a petition from the residents of La Plata Drive with a request for road bumps. The initial review of the petition indicated that there was not a majority (67%) support for the installation of the road bumps. As part of the Traffic Commission meeting in June 2016, a new petition was submitted by the property owners of La Plata Drive. The Traffic Commission has recommended that the City Council accept the new petition, which now meets the required majority support from the neighborhood and direct staff to provide a ballot to the impacted area for the installation of the requested road bumps.

BACKGROUND
La Plata Drive is a 40 foot wide, double loaded residential street that intersects Crown Valley Parkway. The street is approximately 1/2 of a mile in length with a downhill grade running from the 75+ homes on La Plata Drive and several cul-de-sacs (see Attachment A). The street also Vista Plaza (north) to Crown Valley Parkway. The street serves as the primary access road for serves as a bypass to other neighborhoods which indirectly connect with Golden Lantern. The residents on the street experience similar conditions to those on other residential collector streets such as La Hermosa Avenue, Paseo del Campo, Hillhurst Drive and Adelanto Drive. These streets carry high traffic volumes, and sometimes higher rates of speed, compared to typical residential streets that only serve the immediate residents.

ANALYSIS
In March 2015, the City received concerns for speeding along La Plata Drive. The Traffic Commission reviewed a recommendation to install a centerline stripe from Vista Plaza Drive to Via Portola as a measure to lower rates of speed on La Plata Drive. A ballot was sent out by the La Plata Road Bump Request - Agenda Item 7/19/16

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the traffic calming measure. City to the property owners and confirmed that there was majority support for the installation of Based on the ballot vote results, and subsequent Traffic Commission recommendation, the City Council approved the installation of a centerline along La Plata Drive from Via Portola to Vista Plaza Drive in June 2015. Initially, the installation of the centerline reduced the rates of speed from July 2015 through January 2016. The average speed prior to the centerline installation was 30 m.p.h. The average speed after the centerline installation was 28 m.p.h. In April 2016, residents contacted the City with additional concerns about vehicle speeds along the same segment on La Plata Drive. Subsequent traffic studies indicated that those incremental reductions gained by the installation of the centerline were lost and that speeds had reached previous conditions.

Road Bump Eligibility Consideration
met in order for a street to be considered for Road Bumps. As part of the Residential Traffic Management Policy, there is the required criteria that must be The basic Criteria for road bumps is:

The street is a local residential street as defined by the City of Laguna Niguel General Plan, and the California Vehicle Code.
b) The prima facie or posted speed limit is 25 m.p.h or less. c) The street is not a designated truck or transit bus route or a primary or routine access route for emergency vehicles.
d) The street is 1/4 mile or greater in length.

Operational Criteria for road bumps is:
a) The grade of the street must not exceed 6% (8% allowed if shorter than 200'). b) Minimum of 1,000 vehicles per day on the road.
c) Traffic surveys show 60% or more vehicles are exceeding the 25 m.p.h speed limit. d) Traffic surveys show the 85 percentile to be 32 m.p.h. or greater.

La Plata Drive from Via Portola to Vista Plaza Drive meets both the Basic and Operational Criteria for consideration of the installation of road bumps.

Neighborhood Support Criterion
The City provided a petition to the residents to gather support for road bumps on La Plata Drive (Via Portola to Vista Plaza Drive). The petition was received in April 2016. There are a total of 29 homes on the segment of roadway on La Plata Drive. A total of 19 homes (67%) were required to be in support of the installation of road bumps to proceed with the request. Only 18 homes were in approval.

La Plata Road Bump Request - Agenda Item 7/19/16 Page 3 At the June 22, 2016 Traffic Commission meeting, the residents submitted a new petition for review. The Traffic Commission directed staff to verify the new petition and recommended that the City Council move forward with the process of installing road bumps on La Plata Drive.

Staff has verified that the residents have met the minimum requirement for road bumps which is now at 72% in support of the proposed improvement.

Traffic Commission Review
On June 22, 2016, after reviewing all the available information along with testimony from residents on La Plata Drive, the Traffic Commission has recommended the following:

The segment of La Plata Drive from Via Portola to Vista Plaza Drive meets both the basic and operational criteria for consideration of the installation of road bumps; and
To continue with the process to install road bumps on La Plata Drive from Via Portola to Vista Plaza Drive.

The next step in the process will be for the individual property owners in the area to vote for the road bumps (via official ballot by the City). Once received, a minimum of 67% of the ballots mailed out are required to be received by the City Clerk's office. Fifty percent (50%) of the ballots received must be in support of the road bump installation in order to install the road bumps on La Plata Drive. The results of the ballot will be reported to the City Council for final determination on the installation of the bumps. The attached map indicates 91 households will receive ballots to vote on the bumps.

FISCAL IMPACT
The cost of the bumps is estimated to be $20,000. Funds have been appropriated in the FY16-17 Public Works Budget to cover the installation, as well the printing and mailing of the ballots.

RECOMMENDATION
That the City Council:
a. Accept the petition of residents on La Plata Drive for the request of road bumps; b. Direct staff to mail the ballot to the impacted area; and c. Direct Police Services to continue with enforcement as time and personnel permits.

La Plata Road Bump Request - Agenda Item 7/19/16

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PREPARED
BY:
-
Associate Civil Engineer

REVIEWED
BY:

Vast Abbazade orks Ciry Engineer

REVIEWED
BY: T.E. Dien
Terry Dixon
City Attorney
Rod Foster
City Manager
Attachments:

A. Location Map
B. New Petition Form
. Traffic Commission Meeting Minutes of June 22, 201
D. Sample Ballot and Letter
E. Road Bump Ballot Area Map

ATTACHMENT A
(July 19, 2016 staff report)
Location Map
neta PlTa DN
Leda Drivo
05S90EL
97202
Lano
-LAL 96-S052L 11
AN
S L SRaEnbak Oxford Drive

ALALARELAC
La Plata Drive
(Via Portola to Vista Plaza)
Location Map 1" = 400'

ATTACHMENT B
(July 19, 2016 staff report)
New Petition Form
This petition shall only be circulated AFTER all the other steps outlined in this policy have been implemented and evaluated and only deTER the City has determined that the street meets the minimum qualifications for the possible installation of road bumps.

We, the below signed residents support the installation of road bumps on LA PLATA between VIA PORTOLA VISTA PLAZA • We understand the following:
1) The road bumps are 12 feet wide and 3 inches high and will be spaced approximately 250 - 400 feet apart (every 5-8 houses); 2) Signing and striping will be installed on or adjacent to the bumps, which may result in signing and/or striping being placed in front of my home;
3) The purpose of the bumps is to reduce average speeds of vehicles using the street to approximately 25 - 30 m.p.h.; 4) The bumps may increase emergency vehicle response time; 5) This petition is not being circulated by the City, but will be submitted to the City to gauge support; 6) 67% of the residents (households) on the street where the bumps are being considered for installation must sign the petition in order for the City to complete the next phase of the process. 7) Submission of the petition does not guarantee that the bumps will be installed; and 8) If all conditions/criteria are met the City will conduct a final vote on this matter.

Print Name / Signature Address.

Date Owner or Occupant?
(Street #/Name)
Elizabeth baer 24751 CA Pita, 6/14/16 Yes divier
Bobchase 24736 La Pata
1801 yes comes

DAEMON CLARK OWNER
PETER FLAK 2473LLA PARADE CuNER
kinshu Stalks 20860 LaPlata owner
2412 LIPLATA 6/14/16 YES OWNER
band Popott 208O2LA DJA 6/11/16
yes aunt
278 4 ROTT HITIL -
VEL. OWNER
417-14
Petition Circulator: DAEMON CLARK D-C 0/17/10
Print Name Signature Date

Page 1 ends

This petition shall only be circulated AFTER all the other steps outlined in this policy have been implemented and evalualed and only AFTER the City has determined that the street meets the minimum qualifications for the possible installation of road bumps.

We, the below signed residents support the installation of road bumps on - LA PLATA - between VIA PORTOLA VISTA PLAZA • We understand the following:
1) The road bumps are 12 feet wide and 3 inches high and will be spaced approximately 250 - 400 feet apart (every 5-8 houses); 2) Signing and striping will be installed on or adjacent to the bumps, which may result in signing and/or striping being placed in front of my home;
3) The purpose of the bumps is to reduce average speeds of vehicles using the street to approximately 25 - 30 m.p.h.; 4) The bumps may increase emergency vehicle response time; 5) This petition is not being circulated by the City, but will be submitted to the City to gauge support; 6) 67% of the residents (households) on the street where the bumps are being considered for installation must sign the petition in order for the City to complete the next phase of the process. 7) Submission of the petition does not guarantee that the bumps will be installed; and 8) If all conditions/criteria are met the City will conduct a final vote on this matter.

Print Name / Signature Address.

Date Owner or Occupant?
(Street #/Name
ThARY YouNg aD 20um 27906Lalata OWER
Desiree Welle Coples 24861 ta Plate 6/it1k owner
Ray Soldmann 21672 1P6A1, 6/12/61 Denner
Murk Braun inut 24202 LA PLaceD 6/18-16 Cunar
Diana Stratford 2166 LaPlato 116-18-16 Ovoner
ABBAR FARATANI 270260PLDIR 6118 OWNEK
DON CALKiNS!
24821 LA PLATA-DE.

Petition Circulator: . DAEMON CLARK 6/17/14
Print Name Signature Date
Page Zor 3
This petition shall only be circulated AFTER all the other steps outlined in this policy have been implemented and evaluated and only dEER the City has determined that the street meets the minimum qualifications for the possible installation of road bumps.

We, the below signed residents support the installation of road bumps on - LA PLATA VIA PORTOLA - between.
• We understand the following:
1) The road bumps are 12 feet wide and 3 inches high and will be spaced approximately 250 - 400 feet apart (every 5-8 houses); 2) Signing and striping will be installed on or adjacent to the bumps, which may result in signing and/or striping being placed in front of my home;
3) The purpose of the bumps is to reduce average speeds of vehicles using the street to approximately 25 - 30 m.p.h.; 4) The bumps may increase emergency vehicle response time; 5) This petition is not being circulated by the City, but will be submitted to the City to gauge support; 6) 67% of the residents (households) on the street where the bumps are being considered for installation must sign the petition in order for the City to complete the next phase of the process. 7) Submission of the petition does not guarantee that the bumps will be installed; and 8) If all conditions/criteria are met the City will conduct a final vote on this matter.

Print Name Address.
/ Signature Date Owner or Occupant?
SUMMON FAMER TRUST (Street #/Name)
SRIAN SUMOR 24801 LA PLATA DA
ple 70-16

GEORGE HILTA
Kaxen ScoTT karen, Don 22152 la lata De 6-21-16 owner
DAEMON CLARK D-C 6/20/10
Petition Circulator:

Print Name Signature Date

Page 3 ends

ATTACHMENT C
(July 19, 2016 staff report)
Traffic Commission Meeting Minutes June 22, 2016
TRAFFIC COMMISSION MINUTES -JUNE 22, 2016 Page 4
parking. Staff stated that the steps that have been taken have reduced the number of parked cars in the neighborhood.

Mr. Gara stated that enforcing temporary no parking for six (6) months would be difficult if residents have overnight guests.

Mayor Davies asked how many cars are parking in front of the park; staff stated approximately 14 cars.

Vice-Chair Winstead stated that parking should be eliminated in front of the park when it is closed but stated that cars that currently park there will have to go somewhere else to park and therefore parking elimination in front of the park should not be recommended. oriage er reno he is the ne a signs are cortin sepses id like to continue with A MOTION was made by Vice Chair Winstead, seconded by Commissioner Williams, to modify signage to maximum size, do a direct mailing outreach to residents and managers regarding the elimination of parking in the neighborhood and bring this item back to the Commission in sixty (60) days.

Motion Carried 5 - 0.

Mayor Davies directed staff to talk to the managers and recommend they have sixty (60) days to check garages and warn them that permit parking could be the next step.

C.2 La Plata Road Bump Request
Sat Drive Cat lt yet in was residents requested prail slowed ratisures on La A recent petition to install road bumps was submitted to the City but it did not meet the minimum requirement. Staff stated that radar warning signage can be installed and residents would be allowed to submit another petition for future review.

OPEN PUBLIC COMMENTS
petition to staff.

TRAFFIC COMMISSION MINUTES -JUNE 22, 2016 Page 5
Eugene Price is a 40-year resident and several years ago his cat was hit by a car and later a dog. He feels it is a dangerous situation. Stated Weatherwood has bumps and he would like smaller bumps placed on La Plata Drive. When he drives 25 m.p.h. he is tailgated all John Popoff is aresident since 1970 and has tried to get traffic to slow down since the street has gone through. He feels striping has made the speeds worse and the striping is being ignored.

Stephen Appleford has been a resident since 1973 and he has seen changes. When the street went through to Golden Lantern it became a cut through. It feels to him that he is living next to a freeway. There is a 25 m.p.h. sign hidden by the trees and requested a Melanie Clark feels she can't let her children play outside and signage is not going to slow down traffic. There is a blind curve and backing out is difficult. Striping is not helping and they need police enforcement. She would like speed bumps installed on La Plata Drive because since bumps were installed on Adelanto Drive and traffic has moved onto La Plata Drive.

CLOSED PUBLIC COMMENTS
Mayor Davies asked how long it will take to verify signatures, staff stated one day.

Commissioner Williams stated installation would be recommended if signatures on the new petition are verified but speed bumps will not make it safe for children and the residents must remain diligent.

Commissioner Greenwood asked if the speed bumps on Adelanto Drive were working; staff stated they have not received any complaints.

A MOTION was made by Commissioner Williams, seconded by Vice Chair Winstead, if the signatures on the petition are verified and meet the threshold it is recommended that speed bumps be installed with City Council approval.

Motion Carried 5 - 0.

D. CHARTER SCHOOL UPDATE
sta formed bile mein a as ng a gu 201 chols that will be a the Ongoing discussions regarding potential traffic impacts to the adjacent neighborhood as well as circulation within the school property are taking place.

Chairman Pouraryan would like a recap after the next meeting with the representatives.

ATTACHMENT D
(July 19, 2016 staff report)
Sample Ballot and Letter
CITY of LAGUNA NIGUEL CITY COUNCIL
30111 Crown Valley Parkway • Laguna Niguel, Californa 92677 Mayor Laurie Davies Phone/949 • 362 • 4300 Fax/949 • 362 • +340 Mayor Pro Tem Jerry Slusiewicz Council Member Gary Capata
Council Member Elaine Gennawey
Council Member Fred Minagar
July 20, 2016
SUBJECT: ROAD BUMP VOTE FOR LA PLATA DRIVE
Dear Property Owner:

At the request of residents on La Plata Drive, the City has recently reviewed traffic conditions on La Plata Drive between Vista Plaza and Via Portola in accordance with adopted City traffic management policies. After evaluating other options, the road bumps may be appropriate to address the concerns of the residents about traffic speeds on La Plata Drive.

To determine if road bumps should be installed, the City is conducting a vote of the affected property owners. In this case, "impacted" property owners include the property owners on La Plata, on all the cul-de-sac streets off La Plata Drive and Via Larga. Two property owners from Via Portola are included because they are directly adjacent to La Plata Drive. The enclosed maps show the voting area and the approximate locations for the five (5) bumps on La Plata Drive. The City has marked the approximate locations with white "dots" of paint on the curbs. Please take the time to carefully review the information and drive La Plata Drive. If you would like to see and drive over bumps that would give of Alicia Parkway. If road bumps are approved for installation by the property owners and the City, much of the existing centerline striping and any reflective pavement markers would be removed from La Plata Drive prior to the bumps being installed.

When a ballot is received, the City will verify the information by comparing it to our property owner records. Once the information is verified, the ballot will be separated from the envelope. This is designed to provide a secret ballot process, while still allowing the City to verify the document. The City will not keep any record of how a particular property owner voted. The City will only record whether or not a ballot was received from a particular property.

The ballots are due no later than 5pm on Friday, August 12, 2016. The results will be tabulated and or the voting process or if you lost or did not receive any portion of the ballot package, please contact Eileen Gomez, City Clerk at (949) 362-4301.

What to Expect If Road Bumps are Installed
Based on data related to road bumps on Weatherwood, Kensington Drive and Adelanto Drive, please expect the following if the five (5) road bumps are installed on La Plata Drive between Vista Plata and Via Portola at the proposed spacing of approximately 300 feet:

General
1) A reduction in the number of vehicles exceeding the 25 In.p.h. speed limit. 2) A reduction in the average speed and the 85 percentile speed. 3) A reduction in traffic volumes. The City believes that the lack of reasonable alternate routes and the fact that most of the traffic is generated locally will result in little to no change in traffic volumes. 4) The proposed road bumps may result in an increase in emergency response time ranging from as little as a tew seconds to as much as 110 seconds for some residents. To ensure that these devices would meet the dual objectives of slowing general vehicular traffic while maintaining optimal emergency response times, the Orange County Fire Authority, which is responsible for providing fire suppression and emergency medical response in Laguna Niguel, recommended the use of the alternate road bump (with gaps) to try and minimize the impact to response time.
5) Not all vehicles and drivers are equally affected by road bumps. Although the bumps will alter driving habits, some drivers will still travel faster than 25 m.p.h. It is also likely that some drivers will drive closer to the curb or over the centerline in an attempt to minimize the affect of the road bumps. 6) Road bumps have a number of disadvantages including increased noise, general inconvenience to the driving public, an unattractive appearance, potential diversion of traffic to other residential streets and an increase in emergency response time (see #4 above).

Signing and Striping
Each bump will have striping on the bump and will have the word "BUMP" painted on the street in advance of the bump in both directions.
2) There will be two signs and a post installed near each end of the limits on La Plata Drive. The signs will be yellow with black letters and will read "Bumps Ahead" and there will be an advisory speed of "15 m.p.h.".

Much of the existing centerline striping and reflective markers will be removed prior to the installation of the road bumps. However, there will be some centerline striping on either side of each bump to discourage drivers from driving over the centerline.
4) Most of the existing speed limit signs, any and all school related signs and painted legends will remain.

CITY of LAGUNA NIGUEL CITY COUNCIL
30111 Crown Valley Parkway • Laguna Niguel, California 92677 Mayor Laurie Davies Phone/949 • 362 • 4300 Fax/949 • 362 • 4340
Mayor Pro Tem Jenty Slusiericz
Council Member Gary Capata
Council Member Elaine Gennamey
Council Member Fred Minagar

OFFICIAL CITY BALLOT

FOR LA PLATA DRIVE BUMP VOTE
INSTRUCTIONS FOR COMPLETING THIS BALLOT:

This ballot shall be completed only by the property owners). In order for the ballot to be counted, you must do the following:
1) Indicate whether or not you support the installation by checking the appropriate box below (one vote per household/address).
2) Place this completed one (1) page ballot in the City supplied/self-addressed/stamped envelope and seal the envelope.
3) Fill out the label on the back of the City supplied return envelope in its entirety-all four lines:
1) property address; 2) printed name; 3) signature; and 4) date. 4) Mail or hand deliver the City supplied envelope to City Hall, so that it is received by the deadline.

BALLOTS MUST BE RECEIVED BY THE CITY CLERK'S OFFICE BY
FRIDAY, AUGUST 12,2016 NO LATER THAN 5:00 P.M.

Ballots and/or envelopes not containing the required information or not received by the deadline will not be counted. In addition faxes, e-mails, copies or any other non-original ballot and/or envelopes will not be accepted.

When a ballot is received, the City will verify the information on the label by comparing it to our property owner records. Once the information is verified, the envelope will be opened and the ballot will be separated from the envelope. This is designed to provide a secret ballot process, while still allowing te City to rity the doreen Me Cy i no pay record of ma pilar property. • I support the installation of five (5) road bumps on La Plata Drive. • I do not support the installation of five (5) road bumps on La Plata Drive.

OFFICIAL CITY BALLOT FOR LA PLATA DRIVE

ROAD BUMP VOTE
24992
24982 16672 25001
8672 24872 24991
24982 24975
Proposed Bump Location 24975
99817 24861
29974 24982 24961
89677 24961
24951
24951 24932
24932
Legend 24941 24941
24916 29832 24922 24831
29812 24921 La Vida Drive
29472 24911
24802 24906 24915
Via Cabolla
29476 24895 24892 29602 24901
24892
29482 Via Large 29611 24891
24881 24876 24876
24875 24881
29486 24865
24862 24862
29622 24871
29496 19872
24851 24842 24852
Via Pan 24855
29612
29502 24822
29501 24841 24842 24841 Proposed Road Bump Locations La Plata Drive 29512 24812
24831 24822 24831
24821 24802
29522 24821 24821
24822 24792 24802
29532 24811 24782 24805
24801 24792
29531 29552 24772 24791
29541 29562 24791 24782 24781
29572 24781 24771
„роб 24766
29482
29582 24771 19457
29492 29207
29592 24761 STATE
ROSSE 29602 962t2
29581 Vista Plaza Drive
29512 28591 29612 24711 77477 IZAT
29622 1L2AZ
29511 29532 29632 24712
2902, 29542 24702 1692
29552 29621 24686 24681
29541 29562 29631 24671
— PROPERTY LINE

CURB, GUTTER & SIDEWALK
50 EDGE OF PAVEMENT OR GUTTER UP
BUMP™

WHITE PAVEMENT MARKIN TWO-WAY YELLOW,
C OF STREET-- "2T T -----. _- 3=5' REPLECTIVE, PAVEMENT MARKERA. -- 12_-
2 WHITE PAVEMENT MARKING
- 12 REFLECTIVE WHITE STRIPE (TYPICAL
-EDGE OF PAVEMENT OR GUTTER LIP
¿ OF BUMP.
8°
CURB.GUTTER & SIDEWALK
DIMENBIONS WILL YARY FOR DIPPERENT WIDTHS.

PROPERTY LINE
PLAN

ROAD BUMP DETAIL

NOT TO SCALE

EXHIBIT A

PROPERTY LINE

PROPERTY LINE
..- CONCRETE SIDEWALK

CURE & GUTTER
12' TAPER ASPHALT CONCRETE
.-....
112° TAPER
- TACK COAT

EXISTING ASPHALT CONCRETE PAVEMENT

SECTION A-A

NOT TO SCALE
Note: Due to various installation factors, the final installed bump may vary in height from 3-3 ½ inches.
16 TYP
2,48° ASPHALT CONCRETE

0.00*=- - 0.48 -. -- 0.92° 198°
: TACK COAT

EXISTING ASPHALT CONCRETE PAVEMENT
12 EXHIBIT B SECTION B-B

NOT TO SCALE
24992
24982 16672 25001
8672 24872 24991
24982 24975
Proposed Bump Location 24975
99817 24861
29974 24982 24961
89677 24961
24951
24951 24932
24932
Legend 24941 24941
24916 29832 24922 24831
29812 24921 La Vida Drive
29472 24911
24802 24906 24915
Via Cabolla
29476 24895 24892 29602 24901
24892
29482 Via Large 29611 24891
24881 24876 24876
24875 24881
29486 24865
24862 24862
29622 24871
29496 19872
24851 24842 24852
Via Pan 24855
29612
29502 24822
29501 24841 24842 24841 Proposed Road Bump Locations La Plata Drive 29512 24812
24831 24822 24831
24821 24802
29522 24821 24821
24822 24792 24802
29532 24811 24782 24805
24801 24792
29531 29552 24772 24791
29541 29562 24791 24782 24781
29572 24781 24771
„роб 24766
29482
29582 24771 19457
29492 29207
29592 24761 STATE
ROSSE 29602 962t2
29581 Vista Plaza Drive
29512 28591 29612 24711 77477 IZAT
29622 1L2AZ
29511 29532 29632 24712
2902, 29542 24702 1692
29552 29621 24686 24681
29541 29562 29631 24671
— PROPERTY LINE

CURB, GUTTER & SIDEWALK
50 EDGE OF PAVEMENT OR GUTTER UP
BUMP™

PROPERTY LINE
PLAN

ROAD BUMP DETAIL

NOT TO SCALE

EXHIBIT A

PROPERTY LINE

PROPERTY LINE
..- CONCRETE SIDEWALK

CURE & GUTTER
12' TAPER ASPHALT CONCRETE
.-....
112° TAPER
- TACK COAT

EXISTING ASPHALT CONCRETE PAVEMENT

SECTION A-A

NOT TO SCALE
Note: Due to various installation factors, the final installed bump may vary in height from 3-3 ½ inches.
16 TYP
2,48° ASPHALT CONCRETE

0.00*=- - 0.48 -. -- 0.92° 198°
: TACK COAT

EXISTING ASPHALT CONCRETE PAVEMENT
12 EXHIBIT B SECTION B-B

NOT TO SCALE
BUMPS
BUMPS

AHEAD AHEAD'
9 "OVERLAP
15 Q"OVERLAP
W6 24 15
* Signs will be installed in MPH W6

O' BLACK LETTERS ON YELLOW BACKGROUND MPH
this order of preference:
1) on existing posts or poles
2) behind the sidewalk
3) in the sidewalk
2"POST -. 2ª POST-
6!
36-7'
BACK OF.CURB & GUTTER

CONCRETE SIDEWALK
CURB, GUTTER 4' MIN.

TO BACK
CONCRETE 24°
CONCRETE SIDEWALI 24°

CONCRETE
"DIAMETER!

EXHIBIT C
*

TYPICAL WARNING SIGN INSTALLATION

NOT TO SCALE TYPICAL WARNING SIGN INSTALLATION

NOT TO SCALE

ATTACHMENT E
(July 19, 2016 staff report)
Road Bump Ballot Area Map
Legend
Proposed Bump Location
Impacted Properties
Street Property Owners
La Plata 41
Via Pan
Via Cebolla
Via Larga
Total Ballots 91
24851 24865 24881 24895 24811 92670 196Y2
24821 24831
24862 24876 24892 24802; 24816 24932 29612 89652 24982
24811 24822 24842)
24801 28602 2408
24802 24812 29812 29622
24781 296211 2790,
19652 24951
29631 29831
24781 24782 Vie Cebolla 24821 24941
29641 29841
24711
24672 29651
69472 24752 24962
La Plate 24932
24702 24862 24876 24892 24908 24822
24712 24792 24802 24822 24842 24852
2947₴ 24766 24782
La Vida Drive
Road Bump Ballot Area
La Plata Drive 1" = 300'

ATTACHMENT C
City Clerk's Ballot Vote Verification
Date: 8/16/16 City of Laguna Niguel Time: 8:20
La Plata Drive Ballots
Tally of Sealed Envelopes
67 Received
STEP 1
Total Ballots Sent 91
50% Requirement 46
(must receive requirment)
City Clerk Verification
(meets requirement)
City Clerk Verification
(did not meet requirement)
* 50% of ballots sent needs to be received to
consider this step meeting the requirement
La Plata Drive Road Bump Vote
Support Totals
24 42
Yes No Invalid
STEP 2 (blind vote)
67% Required 44
(must meet required ballots)
City Clerk Verification
(meets requirement)
City Clerk Verification 18 6/6/16
(did not meet requirement)
Public Works Rcv'd/Date_ 8/16/2010

ATTACHMENT D
Residential Traffic Management Policy excerpt

RESIDENTIAL TRAFFIC MANAGEMENT POLICY
- PAGE 10
Basic Criteria
The street is a local residential street as defined by the City of Laguna Niguel General Plan, and the California Vehicle Code.

The prima facie or posted speed limit is 25 m.p.h. or less.

The street is not a designated truck or transit bus route or a primary or routine access route for emergency vehicles.

4. The street is ¼ mile or greater in length.

Neighbor Support Criterion
installation with signatures from 67% of the residents of the street where the bumps are The requesting party shall submit a petition (on City supplied forms) in support of the requested. Once the petition is received and verified, the City will perform additional the criteria established in this policy for the installation of road bumps, then the City will analysis as deemed appropriate. If the City determines that the traffic conditions still meet conduct a vote of the "affected residents" asking them to vote "yes" or "no" on the proposed road bump installation. "Affected residents" will include residents of the street and other residents in the area who use the street due to the circulation system and/or that would experience an increase in emergency response time. This process will involve looking at the system from an "average driver perspective"and would include residents that would likely use the street to access major arterials, shopping areas, schools etc.. The process will also involve a review of the OCFA findings regarding any potential increase in emergency response time. (The specific voting area and the determination of who is an "affected resident" will be reviewed and approved by the Traffic Commission and City Council.) The the voting deadline. The results will be available the day of the vote count, barring any votes will be opened and tallied by the City Clerk's Office the next business day following unforeseen circumstances. A minimum of 50% of the ballots shall be returned for the overall voting process to be considered valid. A minimum of 67% of the valid individual ballots must support the installation. This super majority is designed to insure that the general support expressed during the petition phase remains consistent and to provide long term stability on the issue. A simple majority vote could cause frequent "shifts" in support resulting in continuous "competing" petitions and requests for votes to install or keep or conditions are met, the City will begin the process to install the bumps in a time frame and remove the bumps. If the voting results meet or exceed the 67% requirement and all other manner as described in this policy. If the vote results fail to meet the criteria, then the City will continue to maintain any traffic control methods/devices that had been completed up to that date and to provide additional methods, if available and justified. Enforcement will continue to be used as time and manpower permits. A minimum of one year must pass from requesting a vote for road bumps on that same street or segment of street. the date of the certification of the voting results before the City will accept another petition

ATTACHMENT C
Traffic and Transportation Commission Agenda Item -
April 26, 2023
November 2016 Traffic and Transportation Commission
Staff Report and Meeting Minutes

CITY OF LAGUNA NIGUEL

AGENDA ITEM
TRAFFIC COMMISSION NOVEMBER 30, 2016
To: Traffic Commission
FROM: Edgar Abrenica, Associate Civil Engineer
SUBJECT: Neighborhood Traffic Calming Strategy for the La Plata Drive Neighborhood SUMMARY: Residents of the Greater La Plata neighborhood have requested a review of other measures for calming traffic within the neighborhood. Staff has identified the potential use of traffic circles as a calming measure to mitigate concerns of speeding within the community, particularly on La Plata Drive. Community engagement and input is solicited on this potential option.

BACKGROUND
With the recent request for placement of road bumps on La Plata Drive, staff received input from other residents who were opposed to the installation of road bumps on La Plata Drive. Staff was asked to examine other potential traffic calming measures. Since the majority of residents polled voted against the installation of the speed bumps, staff has reviewed other options and invited the residents to discuss potential traffic calming strategies to address speeding vehicles concern throughout this neighborhood.

Moving forward, community dialogue will be encouraged and input is solicited on the concept of introducing Traffic Circles to La Plata Drive as a proposed traffic calming measure. If this proposal, or other concepts, gain(s) acceptance by the community, staff will follow the steps elled out in te dat Traffic Cling Toolkit to complete the process and installation of suc affic calming devices. This first order is to engage the community and start a dialogue on traff calming strategies.

ANALYSIS
While the Traffic Calming "Toolkit" is still a draft document, most of the proposed tools have een in practice across the nation for many years. In response to requests to slow down vehicles on La Plata and adjacent roads (Attachment A), traffic circles are proposed at the following four (4) intersections: La Plata/Vista Plaza Drive, La Plata/Via Larga, La Plata/Via Portola, and Via Portola/Weatherwood (Attachment C).

La Plata Neighborhood Traffic Calming Strategy - Agenda Item 11/30/2016 Page 2 Speeds and Traffic Volumes on La Plata and Nearby Streets The following information was collected over the last few months:

Location Street Average 851*% ADT
Speed (mph) (mph) (vehicles)
A La Plata E/O Vista Plaza (w) 30 36 1,380
B La Plata W/O Via Pan 33 40 1,146
C La Plata W/O Via Portola 26 31 697
D La Plata S/O Via Larga 25 30 538
E La Plata S/O Vista Plaza (e) 19 24 158
F Vista Plaza E/O Calle Vieja 28 598
G Vista Plaza W/O Calle Vieja 32 40 990
H Vista Plaza W/O La Plata (e) 27 34 597
Vista Plaza E/O La Plata (e) 28 35 688
J Via Portola E/O La Vida 29 35 922
La Vida mid-block 23 42 121
L Via Larga E/O La Plata (W) 20 26 71
M Via Larga W/O La Plata (e) 22 28 97
N Via De Anza E/O Via Baja Cerro 25 30 873
Weatherwood S/O Via Portola 24 29 580
P La Estrada S/O Vista Plaza 27 35 372
Q La Estrada E/O Via Piedra Roja 25 30 307
Via Piedra Blanca E/O Vista Plaza 24 32 342
S Los Osos N/O La Estrada 22 30 182
Los Osos S/O La Estrada 19 24 554
The data indicates that La Plata Drive has an average of about 800 vehicles traveling 27mph over its entire length in a day. The 85' percentile for this road averages about 32mph. Vista Plaza has an average of 720 vehicles traveling 29 mph over its entire length. The 85" percentile for this road averages about 36mph.

Existing Traffic Control on La Plata and Nearby Streets La Plata Drive between Vista Plaza and Via Portola is a 40' wide street. There are traffic control devices such as speed limit signs, centerline striping to address concerns of speeding along this segment. On La Plata Drive, W/O Vista Plaza, the grade of the street as it approaches Crown Valley Parkway is over 8% as the street widens out to 60 feet.

On Vista Plaza, due to limited sight distance, a three-way stop was installed at the intersection of Vista Plaza and Calle Vieja few years ago. Additionally, in 2015 at Vista Plaza's intersection with La Estrada/Vieja Piedra Blanca, centerline striping was installed on all approaches to this On Via Portola there are existing speed legends on the pavement. There is also an existing stop sign on Via Portola at its intersection with La Plata Drive. At the intersection of Via Portola with La Plata Neighborhood Traffic Calming Strategy - Agenda Item 11/30/2016 Page 3 Weatherwood / Via De Anza, there is yellow centerline to help channel vehicles.

On Via De Anza, there is an existing three-way stop at the intersection with Los Osos.

Accident Data on La Plata and Nearby Streets
Preliminary data indicates very low amount of collisions within the neighborhood of La Plata Drive and surrounding area since 2012. Three (3) collisions on La Plata, two (2) collisions on Vista Plaza, and one (1) collision on La Estrada have been reported. Two of the collisions on La Plata involved a failure to yield right of way. Of the two collisions on Vista Plaza and one on La Estrada only one (1) was related to speed. The data indicates that while speeding is a concern in the community, collisions related to speeding are historically low over the past few years on La Plata and nearby streets.

Proposed Traffic Calming Measure
The draft traffic calming toolkit includes the following option for traffic calming:

Traffic circles are raised circular medians that direct traffic counterclockwise within an intersection. Vehicles must change their direction of travel to maneuver around the circle. Traffic circles are typically controlled by "Yield" signage on all approaches. Traffic circles can help manage speeds, reduce volume, and improve side street access. Orange County Fire Authority will comment on this feature, as it may impact response times. Traffic circles may contain low growth landscaping and/or a tree.

Positive Aspects
• Slows traffic as drivers maneuver around traffic circle • Provides increased access to main street from side street • Breaks up sight-lines on straight streets
• Changes the look of the street, making it more aesthetically pleasing Negative Aspects
• Possible driver confusion entering traffic circle after yielding to traffic already in circle • Likely impact on left turns by large vehicles
May impact emergency response
• Bicyclists must merge with traffic around circle
Installation of Traffic Circles - An Example
The City of San Clemente recently installed a traffic circle at the intersection of Calle Deschecha and Avenida Estacion / Boga De La Playa (Attachment B), adjacent to its train station parking lot. The pictures show the actual traffic circle at the intersection as well as the approach from Calle Deschecha.

La Plata Neighborhood Traffic Calming Strategy - Agenda Item 11/30/2016 Page 4 Possible Next Steps
Pending further discussion and community input as the project will follow the approval process in the draft traffic calming toolkit, at the locations shown (Attachment C), the following steps may be taken to establish traffic cricles:

1. Geometric analysis and design;

2. Field installation of the circles with the use of oversized raised pavement markers and delineators;

3. Once established, allow nine months of operational time to assess effectiveness;

4. If effective, secure funding for permanent circles with raised curbs/vegetation/decorative elements; and

5. Install permanent raised islands.

FISCAL IMPACT
More information will follow on the cost of implementing specific strategies. Engineering and construction drawings may be required to finalize potential solutions in the neighborhood.

RECOMMENDATION
That the Traffic Commission
1) Invite stakeholder comments on the proposed strategy; and Provide input and direct staff to finalize the selected concept for further discussion.

Attachments
A. Map of La Plata Drive and Surrounding Neighborhood
B. City of San Clemente traffic circle installation
Proposed concept for the greater La Plata neighborhood

ATTACHMENT A
Map of La Plata Drive and
Surrounding Neighborhood
(A-T) Locations of Speed & Volume Surveys displayed on table on page 2 Charter Schools)
Valley Adelanto
Calle Vieja:

Via Piedra Blanca
LOSE
Vista
Via Piedra Roja Golden Lantern
arga
G
Estrada
Cebolla di Plata
C
Via Portola
Vida
Wealh
erwood
La Plata Neighborhood Map
City of Laguna Niguel 1" = 500*

ATTACHMENT B
City of San Clemente
Traffic Circle installation

ATTACHMENT C
Proposed concept for the
greater La Plata neighborhood
Calle Vieja
Crown Valley
Plaza _Via Piedra Blanca:

Vista
Larga
lata
Via Pan Via Cebolla,
Via Portola Via De Anza
Vida
Weatherwood
Proposed Traffic Circles in La Plata Neighborhood
City of Laguna Niguel

CITY OF LAGUNA NIGUEL

TRAFFIC COMMISSION

MINUTES OF
NOVEMBER 30, 2016

CALL TO ORDER
The meeting was called to order at 7:00 p.m. by Chair Pouraryan.

Pledge of Allegiance
The Pledge of Allegiance was led by Commissioner Greenwood.

Roll Call
Commission Members Present:

Chair Mike Pouraryan
Commissioner Joe Williams, Jr.

Commissioner Jay Greenwood
Commissioner Aniko Sherry
Commission Members Absent:

Vice Chair Stephanie Winstead
City Council Liaison Present:

Mayor Laurie Davies
City Council Liaison Absent:

Councilmember Fred Minagar
City Staff Present:

Nasser Abbaszadeh, Director of Public Works/City Engineer Ziad Mazboudi, Senior Civil Engineer
Sgt. Jack Songer, Police Services
Edgar Abrenica, Associate Civil Engineer
Rita Moon, Recording Secretary
TRAFFIC COMMISSION MINUTES -NOVEMBER 30, 2016 Page 2
A. PUBLIC COMMENTS
None
B. CONSENT CALENDAR
A.1 Minutes of the Traffic Commission Meeting of July 27. 2016 Chair Pouraryan asked if Staff had checked the lighting levels on Hidden Hills Drive.

Staff stated they would check the area.

A MOTION was made by Commissioner Williams, seconded by Commissioner Greenwood, to approve the Consent Calendar Minutes.

Motion Carried 4 - 0.

C. DISCUSSION ITEMS
C.1 Draft Traffic Calming Toolkit
Staff presented the Draft Traffic Calming Toolkit to the Commission.

Chair Pouraryan asked staff how many neighborhoods were being considered. Staff stated that the La Plata Drive neighborhood was being considered at this time.

Commissioner Williams asked if a choker was used on La Plata Drive. Staff stated that a centerline was installed in 2015.

Mayor Davies asked that a timeline be added to the toolkit, staff stated that it would be incorporated. Chair Pouraryan asked about data on dollar amounts caused per accident.

Staff would look for costs to consider.

Staff stated that the final draft of the Traffic Calming Toolkit should be completed by February. Chair Pouraryan requested the inclusion of dollar amounts for each strategy.

C.2 Neighborhood Traffic Calming for the La Plata Drive Neighborhood A PowerPoint presentation was given by staff regarding the La Plata Drive neighborhood.

OPEN PUBLIC COMMENTS
Gene Price, a 40 year resident, thanked the Commission for recommending that the speed bumps be put to a vote. The bumps were not approved; "no" voters stated it would bring down property values. Mr. Price stated drivers were ignoring the radar trailers, wished cameras were installed in the trailers. He felt circles or the closing street might be helpful.

TRAFFIC COMMISSION MINUTES -NOVEMBER 30, 2016 Page 3
Brent Krage was not in favor of speed bumps, he thought speeders were coming from Vista Plaza which had two (2) stop signs and were using La Plata Drive to avoid them. Placing speed bumps on La Plata Drive would cause drivers to use Via Larga to avoid them. Mr.

Krage felt a stop sign on La Plata Drive would be helpful along with educating residents.

Jeffery Johnson was in favor of a stop sign at Via Bajo Cerro but was against speed bumps.

Felt people were annoyed by speeders but not impacted by them. When he traveled down La Plata Drive, drivers were always on his tail following closely. Mr. Johnson did not think there was enough room on the street for circles and felt education would be helpful Kim Middleton stated that she would like all of the streets involved when voting for speed bumps or other issues as what happens on one street affects the entire neighborhood.

Virginia Fite agreed residents were annoyed but they should ensure the safety of their pets and children and was against speed bumps.

Daemon Clark felt that the average speed was faster than 32 m.p.h. He was disappointed that the voters on La Plata Drive did not make the decision for speed bumps. Mr. Clark stated that he was not annoyed but concerned about safety. He was in favor of the circles if there was enough room. He further stated that he felt that cut-through traffic was the problem and educating the neighborhood would not help. Mr. Clark also stated he would like enforcement or stop signs installed. It had been two (2) years since this problem was brought up and nothing had been done. He believed that when the double yellow lines were installed it was a precursor to speed bumps. If speed bumps were not going to be installed, he would like them removed as they were an eye sore and not helpful in slowing down drivers. He did not want people who were inconvenienced, to be included with the residents on La Plata Drive that were impacted, making decisions for what happens there.

Maria Simmsgeiger stated that she had two (2) girls and felt that road bumps gave a false sense of security. Since La Plata Drive serves other streets, residents on those streets had a right to speak. She thought that the buyer should beware when purchasing a home. She felt road bumps would diminish property values and she had lived in the community for 30 years and there had only been one (1) accident. She felt that one (1) accident and four (4) miles over the speed limit did not constitute spending taxpayer money and did not think there was room for circles. Ms. Simmsgeiger received a ticket and felt enforcement works.

Paul Whitelock stated Adelanto Drive had speed bumps and drivers were using Monte Verde Drive to avoid them. If La Plata Drive gets speed bumps people would use La Vida Drive to avoid them. La Vida Drive residents should be included when making decisions for La Plata Drive. Mr. Whitelock asked if a barrier would be considered at Via Portola and Weatherwood to direct Weatherwood residents to Hidden Hills Road.

TRAFFIC COMMISSION MINUTES -NOVEMBER 30, 2016 Page 4
Tom Garner used to patrol the area. He parked at Via Pan and caught speeders going in both directions and gave lots of tickets. Mr. Garner thought the circles were dangerous and asked how much they cost. Staff stated they start at $2,000. Mr. Garner felt they were dangerous on small streets and thought there would be a liability issue. He recommended stop signs instead of circles, as they work on Via de Anza, and a patrol unit that didn't answer calls was needed to park in the tract and issue citations for 4 - 5 hours.

CLOSE PUBLIC COMMENTS
Staff stated letters would be sent to the entire neighborhood that would include some data and encourage drivers to slow down.

Commissioner Williams asked if circles were viable and stated we would need to work with OCFA. If circles would be effective and if done properly they could enhance the neighborhood instead of lines or other things. He felt road bumps would affect La Vida Drive and they should be included in the decision making.

Commissioner Sherry asked if a traffic circulation study had been completed for this neighborhood. Staff stated no study had been completed. Commissioner Sherry then asked if we had a CEQA clearance for the project. Staff stated it was just a concept at this point. She thought if the concept was going to progress further she suggested a CEQA clearance be completed to bring out some safety and circulation issues.

Commissioner Greenwood asked why stop signs couldn't be used. Staff stated stop signs did not control speed and could cause more accidents and drivers would run them.

Commissioner Greenwood then asked if drivers would speed from circle to circle. Staff stated drivers did the same thing with speed bumps. Circles in a series generally calm traffic and drivers would slow down. Commissioner Greenwood asked if the speed bumps on Adelanto Drive were working. Staff stated that they have effectively reduced traffic on Adelanto Drive but different opinions have been voiced.

Mayor Davies stated they worked in Ladaro Ranch by slowing traffic but asked if there was room for them on La Plata Drive. Staff stated they could be configured to fit. Mayor Davies agreed stop signs did not work but she felt we need some solutions and asked how soon the first circle could be placed. Staff stated more input would be solicited from the community to bring back a favorable recommendation to the Commission and City Council for a final decision. The entire process could take about 2 - 3 months. The entire neighborhood would be contacted.

Commissioner Sherry stated Berkley, California, had circles of all sizes and that they were inconvenient but safe.

Commissioner Greenwood asked if we were certain there was enough room in the existing right-of-way. Staff stated that the circles would be within the existing right-of-way.

TRAFFIC COMMISSION MINUTES -NOVEMBER 30, 2016 Page 5
Commissioner Greenwood stated that if the circles worked on La Plata Drive, residents in other parts of the City would want their areas reevaluated. Staff agreed that other neighborhoods would come to request them.

Chair Pouraryan summarized that the process of a formal evaluation for circles would begin with additional community outreach. He asked Sgt. Songer it a deputy was available for enforcement. Sgt. Songer stated unfortunately no, due to the level of other commitments. Officers have been there when possible. Commissioner Greenwood asked about parking an empty police car in the area. Commissioner Williams stated it wouldn't be effective for long.

Mayor Davies asked what would be brought back in January. Staff stated letters would be sent out as soon as possible asking for additional community input. Staff also stated that the goal was to bring the Parking Program back in January and the La Plata Drive issue could also be placed on the agenda. Mayor Davies and Chair Pouraryan wanted these items brought back in January.

C.3 Annual Traffic Collision Analysis (2013 Data)
Staff stated that annually traffic collisions were analyzed and indicated that there were no trends at signalized intersections in the City in 2013. Six (6) intersections were identified with more than four (4) collisions.

At the intersection of Camino del Avion and Bear Brand Road there had been three (3) rear end collisions. To mitigate this, Staff would install a "Signal Ahead" warning sign to alert drivers of the upcoming traffic signal.

Commissioner Greenwood thought the data showed a decrease in accidents, staff agreed.

Commissioner Sherry asked about statistics for Greenfield Drive and Crown Valley Parkway as she had witnessed a number of collisions. Staff stated this data was from 2013, the latest available from Office of Traffic Safety. Commissioner Sherry had problem exiting her street, Rancho de Linda, before and after school hours. Staff stated edgeline striping was installed on Rancho Niguel Road. Commissioner Sherry felt the striping on Rancho Niguel had helped reduce speeds.

Commissioner Williams stated southbound Moulton Parkway to eastbound Rancho Niguel Road had had an increased backup in the left turn pocket and stopping traffic in lane no. 1.

Commissioner Sherry added it was getting to be Service Level D or F.

Staff stated synchronization would be occurring on Moulton Parkway/Golden Lantern and OCTA would look at the phasing of the intersection.

Chairman Pouraryan liked DUI arrests statistics.

TRAFFIC COMMISSION MINUTES -NOVEMBER 30, 2016 Page 6
A MOTION was made by Chair Pouraryan and seconded by Commissioner Williams, to recommend that the City Council receive and file this report.

Motion Carried 4 - 0.

D. CHARTER SCHOOL UPDATE - INFORMATIONAL
On September 19" staff met with representatives from both schools to discuss the Traffic Impact Study submitted to the City. There were two (2) recommendations; increase pedestrian crossing timing across Crown Valley Parkway and install "Keep Clear" legends on Crown Valley Parkway at Adelanto Drive. Currently Crown Valley Parkway is under a signal synchronization program but they were able to increase timing in the morning and in the afternoon it runs free.

Staff opted to install "Do Not Block" regulatory signs instead of the "Keep Clear" legends and it appeared to be working.

Staff observed that the internal circulation improved.

Mayor Davies asked if there had been feedback from residents. Staff had some feedback during field observations. Residents were not happy with traffic during peak times.

Staff stated that letters were sent out to the residents and it was effective. Commissioner Williams had noticed that traffic had improved over the last month on Crown Valley Parkway and Adelanto Drive, but the bike lane was often blocked on Crown Valley Parkway and drivers turning from Crown Valley Parkway onto Adelanto Drive were sometimes blocking lanes on Crown Valley Parkway.

E. CITY COUNCIL COMMENTS
Mayor Davies - Thanked staff for the Toolkit and she stated that she was looking forward to the parking study. She informed the Commission that the ACCOC was doing a solutions. Mayor Da set linice Services bopuly they paid come top with some parking.

F. DEVELOPMENT UPDATES
Staff informed the Commission that:
• Crestavilla project was slowing down.
• Crown Valley Park project was completing work that was affecting the southbound lanes on Crown Valley Parkway.
• Alliance project in the Gateway Area would continue after the holidays.

TRAFFIC COMMISSION MINUTES -NOVEMBER 30, 2016 Page 7
G. POLICE SERVICES REPORTS
Sgt. Songer informed the Commission that Police Services and staff met with some school principals and distributed an educational flyer regarding safety. He added that an additional motorcycle officer was approved and in October 426 moving and 140 non-moving tickets were issued.

H. TRAFFIC COMMISSIONERS COMMENTS
Commissioner Greenwood - None
Commissioner Sherry - None
Commissioner Williams - Happy that the City was doing the parking survey to have a uniform practice and would help everyone in the long run.

Chair Pouraryan - Congratulated Mayor Davies on her reelection. He then informed the Commission that on September 18' the City acknowledged the work done regarding Pedestrian Safety. In addition, Scouting for Food was held in Laguna Niguel and over 4,000 pounds of food was collected.

ADJOURNMENT
Chair Pouraryan adjourned the meeting at 8:36 p.m. to January 25, 2017.

ATTACHMENT D
Traffic and Transportation Commission Agenda Item -
April 26, 2023
•January 2017 Traffic and Transportation Commission
Staff Report and Meeting Minutes

CITY OF LAGUNA NIGUEL

AGENDA ITEM
TRAFFIC COMMISSION JANUARY 25, 2017
To: Traffic Commission
FROM: Edgar Abrenica, Associate Civil Engineer
SUBJECT: Neighborhood Traffic Calming Strategy for the La Plata Drive Neighborhood SUMMARY: Residents of the Greater La Plata neighborhood had requested a review of other measures for calming traffic within the neighborhood. Staff identified the potential use of traffic circles as a calming measure to mitigate concerns of speeding within the community, particularly on La Plata Drive. Community input was solicited on this potential option. Based on the written and oral input to staff, the neighborhood does not support the traffic circles as a solution at this time and requests police presence and enforcement.

BACKGROUND
With the recent request for placement of road bumps on La Plata Drive, staff received input from other residents who were opposed to the installation of road bumps on La Plata Drive. Statt was asked to examine other potential traffic calming measures. Staff reviewed other options and invited the residents to discuss potential traffic calming strategies to address the speeding concern throughout the neighborhood.

Community dialogue was encouraged and input solicited on the concept of introducing traffic circles to La Plata Drive as a proposed traffic calming strategy. The Traffic Circle concept was

ANALYSIS
In response to requests to slow down vehicles on La Plata and adjacent roads (Attachment A), La Plata Neighborhood Traffic Calming Strategy - Agenda Item 1/25/17 Page 2 Speeds and Traffic Volumes on La Plata and Nearby Streets The following information was collected over the last few months:

Average 85h% ADT
Location Street
Speed (mph) (mph) (vehicles)
A La Plata E/O Vista Plaza (W) 30 36 1,380
B La Plata W/O Via Pan 33 40 1,146
C La Plata W/O Via Portola 26 31 697
D La Plata S/O Via Larga 25 30 538
E La Plata S/O Vista Plaza (e) 19 24 158
F Vista Plaza E/O Calle Vieja 28 36 598
Vista Plaza W/O Calle Vieja 32 990
G
Vista Plaza W/O La Plata (e) 27 34 597
H
Vista Plaza E/O La Plata (e) 28 35 688
J Via Portola E/O La Vida 29 35 922
La Vida mid-block 23 42 121
Via Larga E/O La Plata (W) 20 26 71
Via Larga W/O La Plata (e) 22 28 97
Via De Anza E/O Via Baja Cerro 25 30 873
Weatherwood S/O Via Portola 24 29 580
La Estrada S/O Vista Plaza 27 35 372
La Estrada E/O Via Piedra Roja 25 30 307
Via Piedra Blanca E/O Vista Plaza 24 32 342
Los Osos N/O La Estrada 22 30 182
Los Osos S/O La Estrada 19 24 554
The data indicates that La Plata Drive has an average of about 800 vehicles traveling 27mph over its entire length in a day. The 85'* percentile for this road averages about 32mph. Vista Plaza has an average of 720 vehicles traveling 29 mph over its entire length. The 85" percentile for this road averages about 36mph.

La Plata Neighborhood Traffic Calming Strategy - Agenda Item 1/25/17 Page 3 On Via Portola there are existing speed legends on the pavement. There is also an existing stop sign on Via Portola at its intersection with La Plata Drive. At the intersection of Via Portola with Weatherwood / Via De Anza, there is yellow centerline to help channel vehicles.

On Via De Anza, there is an existing three-way stop at the intersection with Los Osos.

Proposed Traffic Calming Measure
The traffic calming toolkit includes the following option for traffic calming:

Traffic circles are raised circular medians that direct traffic counterclockwise within an intersection. Vehicles must change their direction of travel to maneuver around the circle.

Traffic circles are typically controlled by "Yield" signage on all approaches. Traffic circles can help manage speeds, reduce volume, and improve side street access. Orange County Fire Authority will comment on this feature, as it may impact response times. Traffic circles may contain low growth landscaping and/or a tree.

Positive Aspects
• Slows traffic as drivers maneuver around traffic circle • Provides increased access to main street from side street • Breaks up sight-lines on straight streets
• Changes the look of the street, making it more aesthetically pleasing Negative Aspects
• Possible driver confusion entering traffic circle after yielding to traffic already in circle Likely impact on left turns by large vehicles
May impact emergency response
Bicyclists must merge with traffic around circle
La Plata Neighborhood Traffic Calming Strategy - Agenda Item 1/25/17 Page 4 Neighborhood Dialogue and Response
At the direction of the Traffic Commission at its November 30, 2016 meeting, stait sent out two separate letters (Attachment C) to the 332 households in the greater La Plata area. The first letter advised all the residents in the community to be mindful of their driving speeds.

The second letter provided current traffic data collected indicating average speeds and volumes within the community, and it provided details on the proposal to install traffic circles.

As of January 18, 2017 and creation of this report, staff has received 30 emails and phone calls.

Seventeen (17) residents did not support the proposed traffic circles. Six (6) residents did support the proposed circles. Seven (7) residents did not indicate either support or opposition but included comments regarding traffic calming on adjacent streets. the installation of traffic circles within the greater La Plata Neighborhood.

In response to resident requests, the Police Services has indicated they will provide regular enforcement as time and resources permit for the streets within this area.

FISCAL IMPACT
None.

RECOMMENDATION
That the Traffic Commission receive and file this report.

Attachments
A. Map of the greater La Plata Drive and Surrounding Neighborhood B. Proposed Concept for the greater La Plata Neighborhood C. Letters of correspondence to the greater La Plata Neighborhood D. Correspondence from the greater La Plata Neighborhood

ATTACHMENT A
Map of the greater La Plata Drive and
Surrounding Neighborhood
(A-T) Locations of Speed & Volume Surveys displayed on table on page 2 La Paz:

Charter Schools)
Adelanto
Crown, Calle Vieja
Piedra Bianca
Via
R Los
Plaza
Vista
, Piedra Roja Golden Lantern
G
D Estrada
Via Pan Via Cebolla:

C
B
Via Portola
Viday
Weatherwood
La Plata Neighborhood Map
City of Laguna Niguel 1" = 500'

ATTACHMENT B
Proposed Concept for the
greater La Plata Neighborhood
Calle Vieja
Crown Valley
Plaza Via Piedra Blanca
Larga
Via Pant Via Cebolla
-Via Portota 'De Anza
Via
Vida
Weatherwood
Proposed Traffic Circles in La Plata Neighborhood
City of Laguna Niguel

ATTACHMENT C
Letters of Correspondence to the
greater La Plata Neighborhood
CITY of LAGUNA NIGUEL CITY COUNCIL
30111 Crown Valley Parkway • Laguna Niguel, California 92677 Mayor Jerry Slusiewicz Phone: 949 • 362 • +300 Fax: 949 • 362 • 4340 Mayor Pro Tem Fred Minagar Council Member Laurie Davies
Council Member Elaine Gennawey
Council Member John Mark Jennings
December 8, 2016
Residents
La Plata Drive/La Vida Drive/Via Portola
Via De Anza/Via Larga/Vista Plaza
Via Pan/Via Cebolla/La Estrada
Via Baja Cerro/Via Piedra Blanca
Laguna Niguel, CA 92677
Subject: Speeding Concerns within the La Plata Neighborhood Dear Resident:

City staff has been contacted about vehicle speeds in your neighborhood with requests to slow down traffic.

While neighborhoods look to the City and the Police for control of speeds, the role and responsibility of every driver needs to be stressed. Every community member should pay close attention to their individual driving habits.

As a reminder, the speed limit on any residential street is 25MPH. Since driving is a personal privilege, the City requests all drivers to accept their responsibility to drive cautiously in residential areas. Please pay attention to your speedometer while driving and be mindful of others on the road.

High traffic speeds, as well as inappropriate driver behavior, can impact entire neighborhoods. These conditions can also have a negative effect on pedestrians and bicyclists.

Every 13 minutes, someone dies on America's roadways. Fatalities include drivers, passengers, pedestrians, cyclists, and every road user. Car accidents hit young people especially hard; killing more people aged 5-34 than any other cause of death. More than 2.3 million people annually suffer serious injuries from accidents.
triends and any othe
Please take the time to share this lettes or tell the drivers and let them knowstbat safety is an important issue in our community. For those drivers who continue to violate the speed laws, the Sheriff's Department will be in the area on a regular basis making stops and issuing citations.

Please contact me at [email protected] or (949) 362-4338 with any questions or comments you may have.

Sincerely,
Eli
Edgar Abrenica
Associate Civil Engineer
CITY of LAGUNA NIGUELCITY COUNCIL
30111 Crown Valley Parkway • Laguna Niguel. California 92677 Mayor Jerry Slusiewicz Phone: 949 • 362 • 4300 Fax: 949 • 362 • 4340 Mayor Pro Tem Fred Minagar Council Member Laurie Davies
Council Member Elaine Gennawey
Council Merber John Mark Jennings
January 3, 2017
Resident
La Plata Drive/La Vida/Via Portola
Weatherwood/Via De Anza/Via Larga
Vista Plaza/Via Pan, Via Cebolla
Laguna Niguel, CA 92677
Subject: Potential Construction of Traffic Circles to Calm Traffic in the La Plata Neighborhood
Dear Resident:

City staff has been contacted about vehicle speeds in your neighborhood with requests to slow down traffic.

Staff recently conducted speed studies on several roadways in your neighborhood and we show the following speeds (along with traffic volumes) in the greater La Plata neighborhood:

Street Average Speed 85"% Daily Traffic
(mph) (mph) (vehicles)
La Plata E/O Vista Plaza (w) 30 36 1,380
La Plata W/O Via Pan 33 40 1,146
La Plata W/O Via Portola 26 31 697
La Plata S/O Via Larga 25 30 538
La Plata S/O Vista Plaza (e 19 24 158
Vista Plaza E/O Calle Vieja 28 36 598
Vista Plaza W/O Calle Vija 32 40 990
Vista Plaza W/O La Plata (e) 27 34 597
Vista Plaza E/O La Plata (e) 28 35 688
Via Portola E/O La Vida 29 35 922
La Vida mid-block 23 42 121
Via Larga E/O La Plata (w) 20 26 71
Via Larga W/O La Plata (e) 22 28 97
Via De Anza E/O Via Baja Cerro 25 30 873
Weatherwood S/O Via Portola 24 29 580
La Estrada S/O Vista Plaza 27 35 372
La Estrada E/O Via Piedra Roja 25 30 307
Via Piedra Blanca E/O Vista Plaza 24 32 342
Los Osos N/O La Estrada 22 30 182
Los Osos S/O La Estrada 19 24 554
Traffic Calming Strategies
With the recent request for placement of road bumps on La Plata Drive, staff received input from other residents who were opposed to the installation of road bumps on La Plata Drive. Staff was asked to examine other potential traffic calming measures. Since the majority of residents pollec voted against the installation of the speed bumps, staff has reviewed other options and now invites you to discuss potential traffic calming strategies to address speeding concerns throughout the neighborhood.

Community dialogue is encouraged and input is solicited on the concept of introducing Traffic Circles to La Plata Drive as a proposed traffic calming measure. If this proposal, gains acceptance by the community, staff will follow the steps outlined below to complete the process.

The first order is to engage the community and start a dialogue on traffic calming strategies.

Proposed Traffic Calming Measures - Traffic Circles
Traffic circles are proposed at the following four (4) intersections: La Plata/Vista Plaza Drive, La Plata/Via Larga, La Plata/Via Portola, and Via Portola/Weatherwood (Figure A.1).

Traffic circles are raised circular medians that direct traffic counterclockwise within an intersection. Vehicles must change their direction of travel to maneuver around the circle.

Positive Aspects
• Slows traffic as drivers maneuver around traffic circle / Provides increased access to main street from side street • Breaks up sight-lines on straight streets
• Changes the look of the street, making it more aesthetically pleasing Negative Aspects
Possible driver confusion entering traffic circle after yielding to traffic Likely impact on left turns by large vehicles
May impact emergency response
Bicyclists must merge with traffic around circle
Installation of Traffic Circles - An Example
The City of San Clemente recently installed a traffic circle at the intersection of Calle Deschecha/Calle Las Bolas/Boga De La Playa (Figure A.2), near its train station parking lot.

Possible Next Steps
Pending further discussion and community input, the following steps may be taken to establish traffic circles at the locations shown in Figure A.1:

1. Discussion and recommendation by the Traffic Commission;

2. Approval by the City Council;

3. Geometric analysis and design;

4. Field installation of the circles with the use of oversized raised pavement markers and delineators;

5. Once established, allow nine months of operational time to assess effectiveness;

6. If effective, secure funding for permanent circles with raised curbs/vegetation/decorative elements; and

7. Install permanent raised islands.

Public Input Process
The traffic circle concept was discussed at the last Traffic Commission meeting on November 30, 2016. About twenty residents attended the meeting and nine individuals spoke on this issue.

Different opinions were expressed on the circles, road bumps, and traffic concerns in general.

Through this letter, we are seeking additional input from the residents to contact us with your thoughts on this concept. This item will be presented to the Traffic Commission on January 25, 2017, at 7pm at the City Hall, located at 30111 Crown Valley Parkway, Laguna Niguel.

Please plan on attending the meeting to share your comments, or you can provide feedback via mail or e-mail.

We look forward to receiving your comments on the proposed traffic circle concept and, in the meantime, encourage everyone to slow down when driving! Please contact me at [email protected] or (949) 362-4338 with any questions or comments you may have.

Sincerely,
Shi-
Edgar Abrenica
Associate Engineer
Figure A.l
Figure A.2

ATTACHMENT D
Correspondence from the
greater La Plata Neighborhood
Edgar Abrenica
From: Marie McComb <[email protected]>
Sent: Tuesday, January 17, 2017 5:49 PM
To: Edgar Abrenica
Subject: Traffic Circles
Edgar Abrenica, Associate Engineer
City of Laguna Niguel City Council
3011 Crown Valley Parkway
Laguna Niguel, CA 92627
Re: Traffic circles for La Plata Neighborhood
Dear Mr. Abrencia,
Thank you for your letter of January 3, 2017 requesting feedback on the traffic circles.

I am opposed to this concept and do not support adding traffic circles in our neighborhood.

As an original home owner, I would guess that the speed limit street signage is from the 70's. Newer, bigger/brighter/neon colored road signs more signs prominently placed would be beneficial. If possible, signage should start closer to Crown Valley as you travel up La Plata.

Based on the data collected, you could notify the highway patrol of the high speed locations, to issue tickets to those that do not abide by the law, rather than spending tax payer funds on traffic circles in a neighborhood.

Your letter was addressed to Jack McComb, who is deceased. Please address future communication to my attention.

Sincerely,
Marie McComb
24862 Via Larga
Laguna Niguel, CA 92677
Edgar Abrenica
From: Sterling Santley < [email protected]>
Sent: Tuesday, January 17, 2017 5:23 PM
To: Edgar Abrenica
Subject: Traffic In Niquel Hill:

Attachments: Traffic Letter.docx
Edgar, Please read the attachment.

Thank You
2 January 17, 2017
To: Edgar Abrenica
Edgar,
I appreciate you sending out the letter explaining Traffic Circles. I am for whatever it takes to reduce traffic speed in our Niguel Hills neighborhood. The chart showing daily traffic was informative, but ! think that it would be more helpful if it also showed how many vehicles each day on each street exceed 35 miles per hour. If it could also show the time of day for the vehicles exceeding 35 mph it would be even better. I would think that this information would be helpful for scheduling Police Radar Traffic Enforcement. I believe a previous letter you sent out stated that there would be increased police presence to help control traffic speeds here but I have not seen it yet.

My main concern with the traffic circle plan is the same concern I had for the speed bump plan. Nothing is being done to slow traffic on Vista Plaza. I believe that by slowing traffic on La Plata but not doing anything on Vista Plaza will increase both traffic and speeds on Vista Plaza. The stretch of Vista Plaza between Piedra Blanca and Calle Vieja is flat and almost straight, and is used by some drivers almost like a drag strip. I would hope that whatever plan is put into place to "calm" traffic on La Plata will also be used on Vista Plaza. I have a radar gun that has clocked many cars on Vista Plaza going faster than 45 mph, and I would be very happy if the city would do something about it.

Sincerely,
J Sterling Santley
29421 Vista Plaza Dr
Laguna Niguel, CA 92677
Edgar Abrenica
From: [email protected]
Sent: Tuesday, January 17, 2017 2:16 PM
To: Edgar Abrenica
Subiect: Traffic Circles in Niguel Hills
Hello Mr. Abrenica,
I am responding to your letter regarding traffic circles in my neighborhood, Niguel Hills. I am opposed to this.

I don't believe this will fix our problem of speeders; I do however believe it will increase traffic collisions in our neighborhood; an
unintended consequence. Most of the speeders are of the age group of 25-35 yrs of age who live in the nearby apartment complexes who cut thru our
neighborhood. Why penalized everyone in Niguel Hills for a few speeders? That's why a motor cop sitting there a few times a week would fix this problem very quickly.

The onus is on the resident to teach their children to play safely when in their front yards and driveways. La Plata Park is right in the middle of our neighborhood so why can't these kids go and play there, where it's safe? I think the parents need to be a parent and their just not; this is a knee jerk reaction because someone is upset about controlling everyone. Live and let live.

I don't want the city to spend money on this when the city needs help in other areas such as the dog park and upgrading/ painting old buildings paving roads. It starting to get run down in Laguna Niguel. I don't believe this is as much as an issue as one person would like to make it. Most of my neighbors are not in agreement with these traffic circles.

Also, it lowers the values of our homes (Comps) just like speed bumps. We moved into Niguel Hills because it still has it's old charm from 45 yrs ago and we love that. Nice wide streets, no painted yellow lines, plenty of parking on the streets, and no traffic circles, etc.

Please consider the folks that are in opposition. Thank you for your time.

Regards,
Ann K Guba
25231 Via De Anza
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http://thirdpartyoffers.netzero.net/TGL3232/587e9712b0e7517f21690st01duc Edgar Abrenica
From: Audrey Miller < [email protected]>
Sent: Monday, January 16, 2017 7:35 PM
To: Edgar Abrenica
Subject: Traffic Circles/Turnabouts La Plata neighborhood Hi Edgar,
I left a telephone message for you. My question is, who received your letter regarding the above subject? Did the residents on all of the streets involved receive your letter?? ie. approx. 11 streets?? Thanks,
Audrey
Audrey Miller
(949) 495-4956
Edgar Abrenica
From: Phil Potter <[email protected]>
Sent: Monday, January 16, 2017 9:40 AM
To: Edgar Abrenica
Subject: Potential Construction of Traffic Circles to Calm Traffic in the La Plata Neighborhood Dear Mr. Abrenica,
Thank you for your recent letter describing the vehicle speed issue in my neighborhood. I routinely drive down La Plata and Via Portola and it is indeed difficult to maintain a reasonable speed even when consciously trying o slow down. After reading the letter I have a few thoughts to share which I will do through email in lieu o tending the Traffic Commission January 25. I will also touch on a similar subject near and dear to my hear which your office should be aware of.

First, I was a little surprised by the speed data in the table enclosed with the letter. The data indicate that the average speeds at most points in the neighborhood are meeting the speed limit or are only slightly above it. At only 3 locations was the average speed 30mph or greater, including only one of the three intersections with a proposed roundabout. I would imagine average speeds in this range are typical of most main streets in residential neighborhoods.

Second, the speeds in the 85' percentile also do not seem to indicate a problem at the locations of the proposed roundabouts. Indeed, the La Plata/Via Portola and La Plata/Via Larga locations have 85th percentile speeds in the lower 25% of all locations measured. I do admit that the La Plata/Vista Plaza location is more problematic due to the curve of La Plata making it difficult to detect traffic coming down the hill. However, based on the data presented it is not clear to me there is a major problem with vehicle speed in the area. Despite the difficulty of maintaining reasonable downhill speeds it seems that most residents are doing a good job.

Third, given points one and two, if it is determined by others that there is a speed problem, the proposed roundabout solution will do nothing to help. I have driven extensively in Europe where roundabouts are the most common form of intersection. In my experience the roundabout does not slow traffic AT ALL. The entire point of a roundabout is the efficient change of direction, i.e. changing direction without slowing down. There are many good reasons to use a roundabout, and some are detailed in the letter, but slowing traffic is NOT one of them. I have blown through small roundabouts like the ones proposed at 40mph without touching the brake.

The roundabout did not inhibit my speed in the least. Please do not waste money on this.

Fourth, again if it is determined by others that there is a speed problem, the only realistic solution is installation of speed bumps. Yes, they are unpopular. But they are very effective. One has to look no farther than the slow driving and lack of traffic on Adelanto. I would support speed bump installation on La Plata and Via Portola if the consensus is that some type of action needs to be taken to slow traffic. The only way to change behavior is to appeal to self-interest. People have an interest in not messing up their cars. That is the only way to get the desired outcome of slower vehicle speeds.

To summarize: I don't think there is a speed problem. Roundabouts do not slow traffic. If the majority of residents on the affected streets think we have a speed problem, speed bumps are the only real solution. 5 Now to a related topic: the stop sign at the intersection of Via De Anza and Los Osos is routinely ignored completely. Very few drivers actually stop, most slow down considerably, but a decent percentage just blow through with a slight touch of the brake and many do not slow down at all. I work at home and witness this all day long. I don't know if drivers do this is because the stop sign was not always there, but whatever the reason it is pretty dangerous.

I contacted the city about the issue a couple years ago and they posted an officer for a few days. This did not have any effect on behavior. I would have no problem putting a speed bump 10 or 20 feet in front of the stop siens to force at least cursory slowing. Not sure how feasible that is or the procedure to put that request in What I do know if that the current situation is dangerous for the many pedestrians who walk the neighborhood.

A stop sign gives people a certain expectation of driver behavior. If that expectation is not met it can lead to injury or death. I am open to suggestions as to possible remedy.

Thank you for allowing me to voice my opinion on the traffic matters. One final thought: since the La Plata/Vista Plaza intersection is so tricky, one thing to help would be a mirror to aid visibility around the corner.

Placement would be on the west side of La Plata across from Vista Plaza and angled up the hill. This would not solve any speed issue but it would allow drivers on Vista Plaza to see up the hill and detect oncoming traffic sooner. Cost would be minimal and it would likely make turning onto La Plata much easier. Just a thought.

Phil Potter
25372 Via De Anza
Edgar Abrenica
From: Harvey Williams < [email protected]>
Sent: Sunday, January 15, 2017 5:34 PM
To: Edgar Abrenica
Subject: Traffic Circles in La Plata Neighborhood
I do not want to see traffic circles in the neighborhood. That will not solve the problem of speeding traffic between where they will be in place. I would prefer to see speed bumps versus trattic circles.

Thank you
Harvey Williams
29402 Vista Plaza Drive
7 Edgar Abrenica
From: Jeffrey Johnson <[email protected]>
Sent: Saturday, January 14, 2017 8:41 PN
To: Edgar Abrenica
Subject: Traffic Safety
Another slowing suggestion: place a couple of crosswalks where traffic circles are proposed, augmented by SLOW printed onto the pavement.. This would maintain the residential quality of the street while really slowing down traffic.
#2---the other day I counted the cars along Via Portola and LaPlata that did NOT have their front wheels pointed to the curb. At least NINE were pointed straight down hill!. There have been two crashes on Via Portola alone that have totaled 2-4 cars. Scary. Is this illegal, and can those cars be ticketed? Maybe a source Jeffrey Johnson
25071 via portola 949-495-4981
Edgar Abrenica
From: Geoff Middleton <[email protected]>
Sent: Saturday, January 14, 2017 3:50 PM
To: Edgar Abrenica
Subject: Niguel Hills Traffic Circle Proposal
Dear Mr. Abrenica,
Preter, e below my commens, concans and questions relating to the proposed installion of traffic circles at various intersecions in the La Plata What do you anticipate would be the impact to properties adjacent to the traffic circles? Will the curbs at these properties be painted red to restrict parking? ! challenge your statement that traffic circles will make the streets more aesthetically pleasing. That might be the case with large scale traffic circles and only if they are then well maintained and kept free from litter and posted bills etc.

How many complaints about speeding have been received and from how many different residents? I think this is important to know so as to assess the scale of the issue and therefore the cost effectiveness of the solution.

In your previous mailing, you mentioned that there would be a police presence and speeding drivers would be cited. How many citations have been issued and to how many different drivers?
If this proposal goes forward, it is my opinion that drivers not wishing to negotiate the traffic circles will instead take alternate routes such as La Vida and Vista Plaza thereby transferring the issue of speeding on La Plata elsewhere.

The negative aspects listed in your letter are all very valid and, to my logic, outweigh the perceived positives.

In conclusion, I oppose the proposed traffic calming measure.

Geoff Middleton
[email protected]
Edgar Abrenica
From: Kim middleton < [email protected]>
Sent: Saturday, January 14, 2017 3:18 PM
To: Edgar Abrenica
Subject: Re: Niguel Hills traffic circle proposal
Dear Mr. Abrenica,
Please see below my comments, concerns and questions relating to the proposed installation of traffic circles at various intersections in the La Plata neighborhood:

What do you anticipate would be the impact to properties adjacent to the traffic circles? Will the curbs at these properties be painted red to restrict parking?! challenge your statement that traffic circles will make the streets more aesthetically pleasing. That might be the case with large scale traffic circles and only if they are then well maintained and kept free from litter and posted bills etc.

The negative aspects listed in your letter are all very valid and to my logic outweigh the perceived positives.

In conclusion, I oppose the proposed traffic calming measure.

Kim middleton
[email protected]
10 Edgar Abrenica
From: Gary Ratliff < [email protected]>
Sent: Saturday, January 14, 2017 1:17 PM
To: Edgar Abrenica
Subject: Potential Construction of Traffic Circles
Dear Mr. Abrenica,
I have owned my home and lived on Via Piedra Blanca since 1984. I have never responded to a local issue before now.

I frankly don't see the need for either the road bumps (the worst idea) or the traffic circles. I do not see traffic issues being any 30 years ago in our neighborhood. I feel that you may be swayed by a vocal minority. In my opinion, the taxpayer cost of this brotec ined on other needs of our city.

Respectfully
Gary L. Ratliff
11 Edgar Abrenica
From: Lowell Van Wagenen < [email protected]>
Sent: Friday, January 13, 2017 4:06 AM
To: Edgar Abrenica
Subject: RE: La Plata Traffic Circles
Hello Edgar,
Thank you for taking the time to speak with me. I have added on a few more comments below to what you recorded.

I have also contacted a few neighbors on Via de Anza, so you should expect to receive a few more comments by email. Some folks like the traffic circles, some not; most like speed bumps, but at least one does not. I definitely would not mind having a speed bump installed directly in front of my house, and perhaps another one closer to the stop sign at Los Osos & Via De Anza. One neighbor and I agreed that the City could start out installing fewer speed bumps, then add more if needed. Several folks stated that they did not want as many speed bumps as were installed on Adelanto, but realize that is a special situation because of the school. One neighbor suggested installing Bots (Botts?) Dots instead of the traditional speed bumps-apparently, Rolling Hills now has those. I am open to all kinds of alternatives -I just want something done, short of a police state.

And then after the City gets the speed on Via de Anza under control, it would be great if they would improve the egress from Via De Anza at Golden Lantern. That is an extremely dangerous way to get across oncoming traffic; many have almost been killed. And then it would also be nice if the City would find a way to permanently care for the private, raggedy-looking backyard hillsides of the Niguel Hills neighborhood that border both Crown Valley and Golden Lantern. Unfortunately, Laguna Niguel can only look as good as the least of us do.

Again, thank you for your patience in listening to my concerns.

Madeline VW
From: Edgar Abrenica [mailto:[email protected]] Sent: Thursday, January 12, 2017 8:52 AM
To: [email protected]
Subject: La Plata Traffic Circles
Dear Ms. Vanwagenen,
This email is just to summarize our conversation over the telephone on 1/10/2016 based on a letter you received regarding the possible installation of traffic circles in the Niguel Hills community. You have been a resident of the area for 40+ years living on 25291 Via De Anza. You can be reached by telephone at (949) 495-4177. a) You do not support the installation of traffic circles, especially at Via De Anza/Via Portola/Weatherwood since they will not be effective in slowing the traffic on the straightaway that is Via de Anza. b) You were part of the group of neighbors that petitioned the City for bumps on Via De Anza based on concerns for speed. Ultimately you felt it was economic discrimination due to the fact that property values on Weatherwood (who did receive bumps) were higher than the values on Via De Anza. The same economic discrimination can be seen in the Rolling Hills neighborhood which also received speed bumps. 14 c) You were very thankful for a letter the City sent in early December regarding speeding in the neighborhood and to slow down. However you felt its effectiveness could only be 2-3 weeks max before behaviors would revert back.
d) You are currently interested in seeing bumps installed on Via De Anza as you still feel even with the stop sign installation, cut through traffic is still present from Crown Valley to Golden Lantern and speeds remain high. e) By sending out law enforcement to the neighborhood, you feel they City could possibly be militarizing the streets. More accurately, I should have said: The City should not be turning the neighborhood into a "police state" which is more expensive to maintain, and will cause the neighborhood drivers to be unfairly penalized by paying expensive traffic fines-for example, about $485 per failure to come to a complete stop. This is another form of economic discrimination-the City would not be allowed to treat residents of the more expensive neighborhoods this way.

I hope I covered all the topics we discussed. Did I miss anything? If you could reply so that I can include your comments in an agenda item to be submmited to our traffic comission.

Thanks,
Edgar Abrenica
Associate Civil Engineer
City of Laguna Niguel
(949) 362-4338
[email protected]
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From: Hall Family <[email protected]>
Sent: Thursday, January 12, 2017 9:30 PM
To: Edgar Abrenica
Cc: Annemarie Hall
Subject: Traffic Circles in La Plata Neighborhood
Edgar,
Thanks for your letter last week regarding the roundabout concept for the La Plata neighborhood. We reside on ia Bajo Cerro and are very interested in the concept. Coincidentally, my wife and I are both landscap rchitects and are very familiar with traffic circles, roundabouts, and other forms of traffic calming We support the idea, but suggest that the roundabout from San Clemente not be used as a good example to represent to the community. I know that area well as I ride my bike past it often. It's quite large, and probably a bit out-of-scale with what we would need in our neighborhood.

I've attached a couple images from La Cresta in Dana Point, which are much smaller examples. They aren't the best, but they are local. I've also attached a couple renderings from a neighborhood retrofit that might be more in keeping with our neighborhood.

I do know that fire and emergency vehicle access is primary concern when introducing something like this.

Hopefully a concept can be achieved that provides for that, while being aesthetically pleasing and acceptable to those living adjacent.

Feel free to call or email me with any questions you might have. I will try to attend the January 25th meeting if my schedule permits.

Thanks!
Matthew Hall
25141 Via Bajo Cerro
949.637.1810
[email protected]
[email protected]
16 17
18 Crestor
19 Edgar Abrenica
From: jim0801 <[email protected]>
Sent: Thursday, January 12, 2017 7:42 PM
To: Edgar Abrenica
Cc: City Council Members
Subject: Potential Construction of Traffic Circles to Calm Traffic in the La Plata Neighborhood Dear Mr. Abrenica:

Step eading your Traffic Circle leter my biggest conce is with what you list as Possible Next When this calming issue was first addressed last year the home owners on some of the affected streets were given the opportunity to vote on the proposal to add Speed Bumps on La Plata Drive. That was a bad idea and it was rejected by the majority of residents polled. The latest calming proposal, Traffic Circles, is a really bad idea and should also be resolved using the same method previously used; a vote by the residents of all streets that will be affected.

What you have listed in your letter under "Possible Next Steps" contains no mention of a vote by affected residents. According to your letter a "discussion and recommendations by the Traffic Commission and then a vote by the City Council" will now resolve this issue. What has changed at City Hall that has produced a totally different approach to resolving the same issue? Why is a vote by those being affected been eliminated?
I understand that the Traffic Commission and City Council involvement is required at some level, but this is a neighborhood issue that should be resolved by the residents of the affected neighborhood, not the Traffic Commission and the City Council.

Thank You,
James Oliver
20 Edgar Abrenica
From: Jim McGarvey <[email protected]>
Sent: Thursday, January 12, 2017 7:52 AN
To: dgar Abrenica
Subiect: Response to letter received on traffic circles I have lived on Via De Anza since 2/1972 in the same house and I think the idea in the subject of traffic circles is ridiculous for our street and surrounding areas. They put a stop sign on our street in the wrong place instead of the end of the street at Weatherwood verses in the middle of Via De Anza. Yes the idea of ROAD BUMPS WOULD BE ACCEPTABLE like the ones on Weatherwood. My phone number is 9494950573 should you want to call us. Some of the biggest speeders on our street are the POLICE! Sincerely,
Jim and Jan Mc Garvey
25281 Via De Anza
Laguna Niguel, 92677
21 Edgar Abrenica
From: DENNIS ARNTZ <[email protected]>
Sent: Wednesday, January 11, 2017 2:26 PM
To: Edgar Abrenica
Subject: Re: Speeding on Via De Anza
When I sent the 12/09 e-mail I used the address you had put on your letter which was Abernica. Then when I looked at your last name it is spelled Abrenica. I cannot find the e-mail, but I do have a copy I will put in the mail to you. Essentially I'm in favor of a few, 3 to 4 moderate speed bumps between Los Osos and Via Portola, (not like the ones on Adalanto, more like the ones on Weather Wood) I think speed bumps would insure that all drivers maintain a reasonable speed but prevent the few from going 55 mph down our street. To me it is an inexpensive cost efficient solution for Via De Anza.

Traffic volume in my opinion is not an issue on our street, but speeding is.

Dennis Arntz
On Wednesday, January 11, 2017 12:52 PM, Edgar Abrenica <[email protected]> wrote:

Good afternoon Mr. Arntz,
To answer your first inquiry:

They are direction, yes.

N/O (north of)
S/O (south of)
E/O (east of)
W/O (west of)
To answer your 2"° inquiry:

The daily volume is a total for both paths of travel at the location identified.

By the way, thank you for the correspondence, I will be including it with the Traffic Commission agenda item for the traffic circles.

On a side note, I do want to ask though, by looking at my inbox I see/saw no email from 12/9/2016 from you as you indicated. Can you please resend it? Im going to assume it was in response to the first letter I sent out early December? Thanks,
Edgar Abrenica
Associate Civil Engineer
City of Laguna Niguel
(949) 362-4338
[email protected]
From: DENNIS ARNTZ [mailto:[email protected]]
Sent: Wednesday, January 11, 2017 12:26 PM
22 To: Edgar Abrenica
Subject: Re: Speeding on Via De Anza
Edgar, would you please clarify the info on the speed and volume studies. What does E/O, S/O, W/O and N/O mean. Do they all mean East Of etc. You show Via De Anza E/O Via Baja Cerro as having a daily volume of 873 vehicles. Is that one way or both ways.

The issue on Via De Anza is not so much volume related as it is speed. Even well intentioned people speed on our sure i pee realing he peat they are foing icause the seat sped em and to are pred upees would is the same as a speed sign.

A few months ago a driver behind me at the stop sign at Los Osos became so irate when I actually stopped, they swung around me went through the stop sign and sped probably over 50 mph down Via De Anza.

Last year a motorcycle officer was assigned that intersection and stopped many people.

Thanks and let me know about the speed study.

Dennis Arntz
On Tuesday, January 10, 2017 2:40 PM, DENNIS ARNTZ <[email protected]> wrote:

I sent you an e-mail back on 12/09/2016 addressing what I think would be the least expensive, most cost efficient solution to speeding on Via De Anza. That is a few, maybe 3 temporary speed bumps placed betwee Los Osos and Via Portola, as a test to see if they will work. Weather wood street that connects with Via De Anza I believe has 4 speed bumps and it is a lot shorter than Via De Anza. Many of the people that speed are commercial trucks/vans etc. during the day. Via De Anza is about a half mile long.

I also received your recent letter about putting in traffic circles. That might be a solution to reduce speeding on La Plata but I don't think it would have any effect on Via De Anza.

Sincerely Yours
Dennis Arntz
23 Edgar Abrenica
From: Rick Costa <[email protected]>
Sent: Wednesday, January 11, 2017 10:17 AM
To: 'DENNIS ARNTZ'; Edgar Abrenica
Subject: RE: Speeding on Via De Anza
Attachments: Rick Costa.vcf
Dennis & Edgar,
Since 1994 when I purchased my home on Via De Anza, I have experienced the speeding cars which is not only a daily occurrence, but an all day every day and night occurrence.

Looking back at the last 21 years as a resident of Via De Anza, I have had two of my cars sideswiped in front of my hous rom front bumper to rear bumper and everything in between from hit and run speeding cars The neighbor at 25131 Via De Anza at the corner of Portola (25131Via De Anza) has had two speeding cars go airborne crashing through his fence and land in his backyard (twice) which could have easily killed someone.

I have witnessed other speeding cars go airborne at the same spot on Via De Anza between Via Bajo Cerro and Portola.

I have seen children playing nearly taken out by speeding drivers.

I have seen neighbors endangering themselves by walking into the street to get these people to slow down.

The stop sign at Via De Anza and Los Osos might as well not exist for the majority of the speeders that while they are speeding they also blow through that intersection they don't even touch the brake peddle.

We have had (and still have) a resident on Portola who speeds like a maniac daily on Via De Anza who has literally and intentionally driven his car into two residents reflective "slow man" free standing flagman signs and has been video taped and had the police
called on him numerous times to which the police visited him and did nothing. The same driver has also driven his car directly at me at a high rate of speed and turned his steering wheel at the last second playing games with my life to which I did not call the police
because he has already retaliated against my home with vandalism numerous times because | yelled at him to slow down. The same individual at retaliated against two other neighbors in the same fashion as my home, one of which sold his home to get away. The police already know
about this drug dealing, speeding criminal (with his extensive criminal background) and have done nothing. The same individual has given my children the middle finger as he drives by my home.

Do we have a serious problem with speeders....? You bet we do.

After over two decades of trouble with speeders, I have all but given up hope of having the city handle this problem.

Personally, I agree with the type of speed bumps that were added to the street Weatherwood. Asphalt speed bumps that allow you to drive the speed limit while traveling over them.

The speed bumps on Adelanto are terrible!!! If you don't want to damage your car, you really need to come to almost a complete stop which creates more noise and destroys cars shocks and other suspension parts. 25 That is my two cents.

Rick Costa
From: DENNIS ARNTZ [mailto: [email protected]]
Sent: Tuesday, January 10, 2017 2:40 PM
To: Edgar Abrenica
Cc: Rick Costa; Sally Costa; Daniel Dowden; John Verbeek; Diane and Lacey Larson; Carey Gouger; Judy Whitelock; Kitty Mehi
Subject: Speeding on Via De Anza
I sent you an e-mail back on 12/09/2016 addressing what I think would be the least expensive, most cost etricient solution to speeding on Via De Anza. That is a few, maybe 3 temporary speed bumps placed between Los Osos and Via Portola, as a test to see if they will work. Weather wood street that connects with Via De Anza I believe has 4 speed bumps and it is a lot shorter than Via De Anza.

Many of the people that speed are commercial trucks/vans etc. during the day. Via De Anza is about a half mile long.

I also received your recent letter about putting in traffic circles. That might be a solution to reduce speeding on La Plata but I don't think it would have any effect on Via De Anza.

Sincerely Yours
Dennis Arntz
26 Edgar Abrenica
From: Rick Anderson <[email protected]>
Sent: Tuesday, January 10, 2017 3:45 PM
To: Edgar Abrenica
Subject: La Plata Traffic Circles
I am a homeowner that lives on La Vida Dr. If you install traffic circles on La Plata Dr, then La Vida Dr become the fast lane alternate route (which it already is for some drivers). I am not opposed to installing traffic ircles on La Plata Dr, however in conjunction you need to also install speed bumps on La Vida Dr Thank you,
Rick Anderson
24991 La Vida Dr
28 Edgar Abrenica
From: DENNIS ARNTZ < [email protected]>
Sent: Tuesday, January 10, 2017 2:40 PM
To: Edgar Abrenica
Cc: Rick Costa; Sally Costa; Daniel Dowden; John Verbeek; Diane and Lacey Larson; Carey Gouger; Judy Whitelock; Kitty Mehl
Subject: Speeding on Via De Anza
I sent you an e-mail back on 12/09/2016 addressing what I think would be the least expensive, most cost efficient solution to speeding on Via De Anza. That is a few, maybe 3 temporary speed bumps placed between Los Osos and Via Portola, as a test to see if they will work. Weather wood street that connects with Via De Anza I believe has 4 speed bumps and it is a lot shorter than Via De Anza. Many of the people that speed are commercial trucks/vans etc. during the day. Via De Anza is about a half mile long.

I also received your recent letter about putting in traffic circles. That might be a solution to reduce speeding on La Plata but I don't think it would have any effect on Via De Anza.

Sincerely Yours
Dennis Arntz
31 Edgar Abrenica
From: Catalina Ramirez
Sent: Monday, January 09, 2017 4:25 PM
To: Edgar Abrenica
Subject: Traffic Circles on La Plata - Resident Request Edgar,
Kate Anderson lives on Via Cebolla. She called about the letter you sent regarding the possible construction of Traffic Circles on La Plata.

She used to work for a Civil Engineer, and is requesting you provide her with the dimensions of the proposed traffic circles. Are they going to be taking out sidewalks, will it impact parking on the street.

She is unable to attend this month's meeting because she recently had surgery. You can reach her at 949-322-3862 or [email protected]
Thank you,
Catalina Ramirez
Account Clerk - Public Works
(949) 362-4337
[email protected]
32 Edgar Abrenica
From: Edgar Abrenica
Sent: Tuesday, January 10, 2017 5:02 PM
To: [email protected]'
Cc: Catalina Ramirez
Subject: La Plata Traffic Circles
Dear Ms. Anderson,
Thanks for contacting the City regarding your concerns for the proposed traffic circles in your community.

The proposed traffic circles are a concept at this point. Actual design and street improvement plans have not been prepared yet. The letter you received was a sample of what a traffic circle would look like, not the actual one considered The intent of the letter was to introduce traffic circles as an solution to address concerns of speed in the greater La Plata community, and gauge support within the community. The idea was first introduced within a staff report to the Traffic Commission on November 30, 2016. The Commission's direction to staff was to reach out to the community.

The proposed traffic circles will not take any more right-of-way than what is existing today. Therefore, no sidewalk will be proposed to be improved/affected. There may be parking impacts near the proposed traffic circles where the City must comply with highway design standards (turning radi) required to accommodate moving vehicles as they traverse through the intersection containing a circle.

Again, the intent of the letter was to gauge support of a proposed traffic calming solution.

Should you have any other questions or comments, please feel free to contact me.

Sincerely,
Edgar Abrenica
Associate Civil Engineer
City of Laguna Niguel
(949) 362-4338
[email protected]
1 Edgar Abrenica
From: Paul Whitelock <[email protected]>
Sent: Monday, January 09, 2017 10:49 AM
To: Edgar Abrenica
Subject: La Plata traffic circles
I believe that traffic circles on La Plata would not solve the problem bur just transfer it to other streets. I would be open to more signage and policing. I realize we are short on police hours but a swing by any chance they get would be a help slowing the traffic.

Respectfully,
W. Paul Whitelock
33 Edgar Abrenica
From: Lynne Hart < [email protected]>
Sent: Monday, January 09, 2017 10:03 AM
To: Edgar Abrenica
Ce: [email protected]
Subject: Potential Construction of Traffic Circles
Dear Mr. Abrenica,
I am in receipt of your letter dated Jan 3 2017. Thank you for your thoughtfulness in communicating the issue.

We have lived on LaEstrada for 30 years. Niguel Hills is a wonderful neighborhood and the concerns of some of our neighbors is understandable.

I reviewed the data included in the letter. While I don't want to downplay the importance of following speed limits, I think the real problem is volume.

The volume of the top two streets is hundreds more than than the volume of the #3 and #4 streets. A closer look at the highest volumes suggests that those cars may be using Weatherwood/Portola/LaPlata to avoid traffic and lights on Golden Lantern on the way to Crown Valley. I'm sure you have considered this as a possible cause of the residents' dissatisfaction.

With that being said, I believe that mitigation efforts should be directed towards discouraging that route as a shortcut. I am from the East Coast where they still have plenty of traffic circles and they are a pain. Some communities have opted to remove the traffic circles. I am not in favor of placing traffic circles in the neighborhood.

The speed bumps on Weatherwood probably keep speed down, but they don't discourage folks from using the route as a shortcut.

Respectfully, I would suggest:
• Adding more speed bumps
OR
• Placing stop signs at or near the locations you have proposed traffic circles I think the stop signs have an Ockham's razor quality and would probably be more economical than traffic circles.

Thank you for the opportunity for the residents to have input into this matter. I will try to attend the city meeting but I may be out of town.

Sincerely,
34 Lynne Della Vecchia
35 Edgar Abrenica
From: Stephanie Stoner <[email protected]>
Sent: Friday, January 06, 2017 3:31 PM
To: Edgar Abrenica
Cc: Brian Tatomir
Subiect: Traffic Circles proposed for our neighborhood
Hello:

Upon reading your letter, our immediate response is that, if a series of traffic circles are installed one after the other on La Plata, these non-residents will enter the first traffic circle and then avoid further circles by continuing up Vista Plaza Dr. as they look for another way through. This will simply move the problem, which will just redirect all the speeding traffic from La Plata onto Vista Plaza and Piedra Blanca.

This isn't a solution to the problem caused by poor planning by the City of Laguna Niguel in agreeing to have more than twice as many students, (who generally don't live in the neighborhood), attending a school previously attended by mostly neighborhood residents. These problems could have been easily anticipated and avoided by the City. Now we, the residents, have been endangered and are being asked to solve a problem we had no part in causing!
It is difficult now to safely back out of my driveway on Vista Plaza Dr. as the sight lines up and down the street are impeded by parked cars on both sides .I can only imagine how much worse, and more dangerous, it would be if all that speeding traffic ended up on Vista Plaza Dr. I certainly hope that the City of Laguna Niguel will not take an action that will further endanger the residents of our neighborhood.

Why is the city not considering undoing this problem by rescinding this plan for the school that has all these non-residents driving here? Obviously, the neighborhood was not built to accommodate these numbers. Why wasn't a facility found within the area that could handle the resulting traffic from a school this size? In considering this problem, we would like you to consider the following question in your response to it:

The neighbors have reported the danger of this situation to the City of Laguna Niguel. Shouldn't the safety of local neighborhood residents carry more weight with the City than the convenience of commuters? Respectfully Yours,
Brian Tatomir
Stephanie Stoner
29455 Vista Plaza Dr.
36 Edgar Abrenica
From: Debbie Lima <[email protected]>
Sent: Friday, January 06, 2017 2:05 PM
To: Edgar Abrenica
Subject: Traffic Circles
Edgar,
I received the notification of public input to address traffic in my neighborhood. My name is Debbie Lima and I live on Vista Plaza. I run a business that is open into the evening and cannot attend.

These are my thoughts:

I used to live in Ladera Ranch, where we did have traffic circles and they did work. If the issues can be addressed, I'm supportive.

Here are the issues with them:

1. Most important is can a fire truck get to all the streets and does the fire department approve of this? If not, that is a showstopper.

2. Other big trucks will have difficulty as well. When I moved into Ladera Ranch, I had to pay a moving van extra money to move my stuff from the cross-country semi truck to a smaller truck to get into the neighborhood. I am hoping that the circle can be wide enough and the curb designed gently so a big semi can still get in for deliveries and things like that. A sloped/curred curb is much much better than a vertical curb so that if a vehicle goes up it a little, then no harm done and it makes it around even if some side wheels climb the curb a little bit.

3. Aesthetics: In Ladera we had a homeowners association to maintain them and they were pretty. Here we do not have an HOA (thankfully). So will it be planted and who will maintain it? I don't think we have any commonly maintained areas in this neighborhood. Can the city do it? Thank you- Debbie Lima
38 Edgar Abrenica
From: Arshang Ferdosian < [email protected]>
Sent: Friday, January 06, 2017 8:20 AM
To: Edgar Abrenica
Subject: Traffic Circles
Dear Mr. Abrenica,
Thanks for your letter about potential construction of traffic circles in the La Plata neighborhood. Unfortunately, I'm not able to attend the meeting about it, but as a resident of La Estrada Dr who is also a civil engineer, I have some comments about this subject that I'd like to share with you.

1. Installation of road bumps is a much simpler way to calm the traffic than traffic circles. They are more familiar to drivers; drivers know how to deal with them, whereas circles make a lot of confusion and may cause more accidents.

2. Construction of circles will cost more money and will use more space of the street.

3. Those vehicles that come from La Estrada/Via Piedra Blanca towards La Plata, as us, have two options:

I) turning left from Vista Plaza to La Plata and going all the way to Crown Valley, or:

Il) staying on Vista Plaza and turning right at the end of it to La Plata toward Crown Valley.

In the case of construction the circles shown on the map, those vehicles will just choose option (!) to avoid two of the circles. This will just switch the problem of speed from La Plata to Vista Plaza, and is not an ultimate solution to calm traffic in the neighborhood.

My suggestion is reconsidering the construction of speed bumps on both La Plata and Vista Plaza. The speed bumps which are now on Weatherwood street seem to work well, calming traffic in the Weatherwood neighborhood. Why shouldn't they work in the La Plata neighborhood as well? Best regards,
Arshang
39 Edgar Abrenica
From: Judy Whitelock < [email protected]>
Sent: Thursday, January 05, 2017 7:27 PM
To: Edgar Abrenica
Subject: La Plata circles
Hello All,
Paul and I are absolutely opposed to any further action than has been done except more police monitoring.

Sincerely,
Judy and Paul Whitelock
Sent from my Verizon 4G LTE Droid
40 Edgar Abrenica
From: Donald Thomas < [email protected]>
Sent: Thursday, January 05, 2017 3:56 PM
To: Edgar Abrenica
Subject: 1/3 It about trafic circles
Edgar, GREAT idea! We are in favor of the traffic circles as proposed in your letter.

Donald Thomas, 29651 Via Pan , Laguna Niguel, CA 92677
41 Edgar Abrenica
From: Jeffrey Johnson <[email protected]>
Sent:

Thyar Absence ete 012,355 PM
To:

Subject: Slower Traffic
Thank you so much for spending time with me on the phone re: traffic speeds. Here's a brief synopsis of the

1. Traffic circles will necessitate 2-3 residents getting red curbs for at least three of the proposed 4 circles.

2. Trucks and even most cars will not be able to make the counter-clockwise move, even if just a garbage can is used for the circle.

3. Possibility of bike lanes to narrow perception of width of street.

4. Possibility of marked parking spaces to narrow perception of street width.

5. Non-periodic places of traffic cones, along with different locations of traffic cones.

I just thought of:

5. Use of zig zag lines at several locations (with SLOW) printed into them.

6. Use of a funnel shape in white lines to make street look narrower in different places.

As we discussed, humans get adjusted very quickly to the street and will at first slow down, but then will return to faster speeds once they know the hazards involved.

I commuted from LA to LN once a week for 25 years, and after a while I could navigate a portion of the south bound 405 where carpool lane is very narrow and very curvy at full speed. I know who was using that portion for the first time as they really slowed down.

Thanks again,
Jeffrey Johnson 25071 Via Portola 949-495-4981
42 Edgar Abrenica
From: Doug Shaffer < [email protected]>
Sent: Thursday, January 05, 2017 2:53 PM
To: Edgar Abrenica
Subject: Traffic Circles
Mr. Abrenica
I am responding to your letter received today regarding traffic circles on La Plata.

I am vehemently opposed to this suggestion. The speeds as listed on this letter of information do not require this king of action. The traffic circles that I have experienced are MUCH more dangerous than the issue you are trying to address Doug Shaffer
25225 Via Piedra Blanca
Laguna Niguel 92677
Edgar Abrenica
From: David Bailey < [email protected]>
Sent: hursday, January 05, 2017 2:06 PM
To: idgar Abrenic
Subject: Traffic Circles
I just received the letter from the city regarding traffic circles. I am highly opposed to putting unnecessary, unsightly traffic circles into our neighborhood.

We live in the middle of La Vida (24821 La Vida) and, as you can see from your chart, there are occasional spe der on our stret. But I think the big point hing missed here is that most cars are traveling at a reasonable Please do not let a few complainers destroy our roads with obtrusive traffic circles! Please do not waste the city's money and residents' time on this project. The complaining residents were well aware of the traffic on their streets when they purchased their homes. If they were concerned about their children playing amidst traffic, they should have purchased a home on a quieter street.

When we moved into our La Vida home 20 years ago, our children were 3 years and 6 months old. They grew up playing outside all of those years. Traffic was not a major issue on our street.

Thank you for you time,
David and Susan Bailey
44 Edgar Abrenica
From: Gene <[email protected]>
Sent: Wednesday, December 21, 2016 12:43 PM
To: Edgar Abrenica
Cc: Gary Capata; Ziad Mazboudi; Laurie Davies; Fred Minagar, Elaine Gennawey; Jerry Slusiewicz; Nasser Abbaszadeh; John Mark Jennings; Rod Foster; Frank Borges; Catalina Ramirez
Subject: Your Letter of Dec. 8, 2016
Importance: High
Dear Edgar:

Thank you for your letter regarding speeding on La Plata Drive. I hope those residents included in distribution take heed of your concerns. However, even if they do, there are many more drivers who live outside the neighborhood who use the street and several of those will continue to speed.

The proposal put forth at the Nov. 30 Traffic Commission to install traffic circles on La Plata will hopefully mitigate some of the speeding. However, as you probably noticed at that meeting, the non-La Plata residents are more concerned with keeping traffic off their streets than making our street safer. Therefore, if the traffic circles are put to a vote, the non-La Plata residents will likely vote it down. The traffic circles must be installed in the interest of traffic safety without a vote! Sincerely,
Eugene G. Price
24892 La Plata Dr
Laguna Niguel, CA 92677
949-495-7579
45 CITY OF LAGUNA NIGUEL

TRAFFIC COMMISSION

MINUTES OF
JANUARY 25, 2017

CALL TO ORDER
The meeting was called to order at 7:03 p.m. by Commissioner Pouraryan.

Pledge of Allegiance
The Pledge of Allegiance was led by Commissioner Sherry.

Roll Call
Commission Members Present:

Commissioner Mike Pouraryan
Commissioner Stephanie Winstead
Commissioner Aniko Sherry
Commission Members Absent:

Commissioner Joe Williams
City Council Liaison Present:

Mayor Pro Tem Fred Minagar
Councilmember Laurie Davies
City Staff Present:

Nasser Abbaszadeh, Director of Public Works/City Engineer Ziad Mazboudi, Senior Civil Engineer
Sgt. Jack Songer, Police Services
Rita Moon, Recording Secretary
Oath of Office
Commissioner Stephanie was given the Oath of Office.

Election of Chair and Vice Chair
A MOTION was made by Commissioner Pouraryan, seconded by Commissioner Sherry to nominate Commissioner Winstead for Chair and Commissioner Sherry for Vice Chair.

Motion Carried 3 - 0.

TRAFFIC COMMISSION MINUTES -JANUARY 25, 2017 Page 2
A. CONSENT CALENDAR
Item A.2 was pulled for discussion.

A.2 Traffic Calming Toolkit
Commissioner Pouraryan thanked Councilmember Davies for her attendance at the ACC-OC event on parking.

Chair Winstead thanked staff for including costs associated with various traffic calming methods. She would like to see costs for police services included. She also mentioned that the section on speed bumps was missing.

Staff will include police costs and the section on speed bumps in the Toolkit.

A.1 Minutes of the Traffic Commission Meeting of November 30. 2016 A MOTION was made by Commissioner Pouraryan, seconded by Commissioner Sherry, to approve the Consent Calendar.

Motion Carried 3 - 0.

B. PUBLIC COMMENTS
Victoria Hughes spoke on the accidents that have occurred on Paseo de Colinas & Golden antern. Ms. Hughes shared pictures with the Commission of retaining walls that hac een damaged. She would like a guard rail installed or other measures to slow traffic.

C. INFORMATION ITEMS
None
D. DISCUSSION ITEMS
D.1 Neighborhood Traffic Calming for the La Plata Drive Neighborhood A PowerPoint presentation was provided by staff regarding the La Plata Drive neighborhood.

Vice Chair Sherry asked for the ratio of responses regarding traffic circles. Staff stated that they were 3 to 1 opposed to the circles.

Commissioner Pouraryan asked Sgt. Songer about enforcement. Sgt. Songer stated that officers have been patrolling the area. At Crown Valley Parkway and La Plata Drive, they issued 243 tickets (5 per week) in 2016 and they will continue enforcement.

TRAFFIC COMMISSION MINUTES - JANUARY 25, 2017 Page 3
Staff stated that 332 letters were sent on two (2) occasions. A resident asked about installing a mirror but Staff stated that sight distance is not an issue.

Commissioner Pouraryan also asked about street narrowing. Staff stated that it is only a temporary fix. Staff further stated that after the waiting period of one (1) year, road bumps could be brought back before the Commission.

Chair Winstead stated that the road bump issue could be brought back before the year was up and include additional streets to receive road bumps.

OPEN PUBLIC COMMENTS
Marlyn Evans was opposed to traffic circles. She worried about emergency vehicles and motorhomes maneuvering the circles.

Anders Lasater did not want speeders to be moved over to La Vida Drive. The City should have a complete solution for the entire neighborhood, not just La Plata Drive.

Robyn Francey was aware of speeding but felt four (4) circles seemed to be too many.

Since La Plata is a straight through street, she felt a stop sign would work better or just one (1) circle.

Gene Price, a 40-year resident has seen things get worse. He thanked staff for the letters that were sent to the neighborhood. Speaking for Daemon Clark and himself, they were in favor of whatever works, but something needs to be done. There are at least five (5) families with children living on La Plata Drive.

Diana Stratford stated that no one wants speed bumps but kids are kept inside because of speeds. She would like a stop sign installed.

PUBLIC COMMENTS CLOSED
Vice Chair Sherry drove the neighborhood and witnessed cars speeding on La Plata Drive.

Commissioner Pouraryan asked about stop sign installation. Staff stated stop signs are not used to control speeds, they are right-of-way controls.

Chair Winstead drove the neighborhood and talked to residents. The residents on La Plata Drive favored speed bumps. Chair Winstead stated that it is a neighborhood problem and would like road bump installation considered throughout the neighborhood Mayor Pro Tem Minagar asked staff if warrants were completed for stop signs and if a consultant had been involved. Staff stated no consultant was used and accidents were low therefore, warrants would not be met.

TRAFFIC COMMISSION MINUTES -JANUARY 25, 2017 Page 4
Mayor Pro Tem Minagar stated that because of slopes, sight distance, etc., circles might not be the solution and suggested a warrant assessment. Staff will identify and analyze the accidents that occurred on La Plata Drive.

Councilmember Davies agreed that speed bumps should be looked at as a neighborhood solution and safety comes before convenience, but needs to be consistent. She also agreed stop signs are not for speed control but feels something needs to be done to keep the neighborhood safe.

A MOTION was made by Commissioner Pouraryan and seconded by Vice Chair Sherry, to direct staff to revisit speed bump installation and bring it back to the Commission in March.

Motion Carried 3 - 0.

D.2 Citywide Residential Permit Parking Program - Draft Ms. Trissa Allen from Linscott Law & Greenspan Engineers provided a PowerPoint presentation on the proposed residential permit parking program.

Commissioner Pouraryan asked why six (6) months was allowed for the current eleven (11) districts. Staff stated that six (6) months would be needed to start them on the new program. He then asked the consultant if the stated due diligence for residents was to observe the number of vehicles parking and the number of available parking spaces. Ms.

Allen stated that this was correct and 14 days were needed to count vehicles parked between 1 a.m. - 3 a.m. Commissioner Pouraryan asked about the $1,500 initiation fee, she stated two (2) cities charge to defer staff costs. He then asked why Laguna Beach was not compared; she stated that it was a coastal city.

Staff stated the staff time and night surveys cost approximately $10,000 per district.

Vice Chair Sherry stated that eight (8) years ago her community monitored the parking during all hours. They had a security camera, took photos, and checked neighboring areas to see if parking was available. After their due diligence, staff verified their data and agreed that there was an issue. Her Master HOA was not interested in the parking permit issue and would not have paid the $1,500 fee; and the residents would have had to pay the fee.

Commissioner Pouraryan asked the consultant about the hot spots. The Consultant stated that they were based on the areas of single-family zones near multi-family zones.

Chair Winstead asked if the parking program will affect the entire city. Staff stated that it was on an as needed basis.

TRAFFIC COMMISSION MINUTES -JANUARY 25, 2017 Page 5

OPEN PUBLIC COMMENTS
Dan Gara, board member of Summerset HOA stated that for 18 months they had been trying to resolve their parking issue. They were prepared to present their due diligence in August before the moratorium, and want to move forward.

Elisa Berardi is concerned that visitors will not be able to park on her street if she is limited to two (2) permits.

Staff stated that guests would have to park in her driveway.

Rick Miller stated that Table 2 regarding the number of permits issued was incorrect. He lives in the Seagate neighborhood that has had permit parking about four (4) months and felt it was working great. Mr. Miller did not see the need for any changes to the current program.

Gary Priegel thanked Council and staff for their work on this issue. His permit parking program is working well. He stated that on Hidden Hills Drive cars are driving on the wrong side of the street.

When asked if the Summerset neighborhood would have to start over, staff stated their fee would be waived along with the Sterling Niguel neighborhood.

Matthew Buck was representing the California Apartment Association. They have approximately 3,000 units in Laguna Niguel. Thanked Staff for including them in the process.

Mary Cahillane from the Sterling Niguel neighborhood wanted to verify the $1,500 fee would be waived. Staff stated that it would be waived.

Thom Lopes from the Seagate neighborhood liked the RPPP but is not happy with the 2 a.m. - 6 a.m. hours.

Gary Reinert felt the RPPP should be citywide and encouraged a citywide ban on parking during the hours of 2 a.m. - 6 a.m. He stated that most of the on-street parking comes from neighbors not using their garages.

Scott Skinner stated that Laguna Crest permit parking program is working very well. He further stated that four (4) apartment complexes affect his neighborhood and he does not want the hours to be changed. Mr. Skinner would like to know the number of tickets issued in the eleven (11) parking permit districts. He did not like "pay to play".

Rita Horn asked if their current permit parking area (Rancho Niguel) would be affected.

Staff stated that it would be included in the new permit parking program. Ms. Horn did not think cities with over 100k residents should have been compared to Laguna Niguel with only 65k residents.

TRAFFIC COMMISSION MINUTES -JANUARY 25, 2017 Page 6
Kyle Roybal, Legal Counsel for Rancho Niguel Sub Association #4 would like time increased to 10 p.m. - 6 a.m. Costa Brava Apartments have 175 spots and only pass out 60 permits. He felt the RPPP is a last resort and the $1,500 fee should be eliminated.

CLOSE PUBLIC COMMENTS
Commissioner Pouraryan asked staff to examine extending the hours and the fee. He asked Matthew Buck to comment on the Windridge Apartments onsite parking. In July hey spoke with the apartments and wanted to know if they had looked for additional onsit parking. Mr. Buck did not know but he offered to work with the City.

Councilmember Davies stated that the permit parking program should be fair and consistent. She felt existing districts have six (6) months to convert to the new program and that should be enough time. She further stated that some single-family units are using their garages for storage and indicated parked cars in garages would cut down on crime.

Councilmember Davies stated that our police services should not to be used for parking enforcement and perhaps a private company should be considered and that permit parking staff costs should be recovered.

Chair Winstead asked Mr. Buck if the apartments were going to be good neighbors. To date the apartment managers were not cooperating and Windridge Apartments is 250 spaces short. Mr. Buck stated that he is willing to work with the City.

Commissioner Pouraryan asked if there was an appeal process. Staff stated that it is covered in the program. He then asked for clarification of the checklist on Pg. 18, item D.

Ms. Allen stated that the checklist was mainly for multi-family units.

Chair Winstead asked if there was room to address overnight guests and single-family units with five (5) drivers. She would like to see a provision for additional permits.

Staff stated that there are cities that have no overnight parking and issue no permits.

Vice-Chair Sherry stated that on her street a family of six (6) parks all of their cars on the street.

Councilmember Davies stated that they need to evaluate the number of spaces and no exceptions should be made. Consistency is needed and adjustments have to be made.

Chair Winstead asked if the number of citations could be gathered for the current permit parking areas. Sgt. Songer stated that on Sanoria Street & Sandling Court they had given 16 tickets. He informed the Commission that one (1) more parking officer had been added and we now have four (4) officers.

Commissioner Pouraryan asked if PACT wrote tickets. Sgt. Songer stated that they only write handicap parking violations.

TRAFFIC COMMISSION MINUTES -JANUARY 25, 2017 Page 7
Mayor Pro Tem Minagar stated that the City Council wanted the consultant to complete the RPPP and he was in agreement with the findings/recommendations. He added that the Traffic Commission will make a recommendation and it will be brought to City Council for approval.

A MOTION was made by Commissioner Pouraryan and seconded by Vice Chair Sherry, to direct staff to take all the comments received under advisement and bring this item back to the Traffic Commission for a final recommendation.

Motion Carried 3 - 0.

Commissioner Pouraryan stated Mr. Lopes would be sending in additional comments for the record.

E. CITY COUNCIL COMMENTS
Councilmember Davies - Stated that all five (5) Commissioners would be present for the final RPPP vote. When she asked about the handing out permits, staff stated that multi-family permit parking would not be likely. Councilmember Davies stated they should have the opportunity to apply.

Councilmember Davies asked staff to sit down with the two (2) absent members to go over what was discussed at the January meeting. She thanked the Commissioners for their input.

Mayor Pro Tem Minagar was pleased with the way the City undertook the Parking Permit Program and with the findings.

F. DEVELOPMENT UPDATES
Staff stated that there was a lot of storm damage and construction activities on Crown Valley Parkway between Moulton Parkway and Niguel Road.

Night work on Crown Valley Parkway from Forbes Road north to south will be ongoing by Alliance from mid-February through March. Staff will provide further update as a more specific schedule is provided.

G. POLICE SERVICES REPORTS
Sgt. Songer thanked the City Council for approving the additional officers.

He also informed the Commission that we have had two (2) fatalities in the past week.

H. TRAFFIC COMMISSIONERS COMMENTS
Commissioner Pouraryan - Stated that with the two (2) recent fatalities, the City should continue the safety outreach.

TRAFFIC COMMISSION MINUTES -JANUARY 25, 2017 Page 8
He then reminded the Commissioners about Coffee with a Cop on February 15th.

Vice Chair Sherry - None
Chair Winstead - None
Sgt. Songer informed the Commission about the Triathlon on Saturday. There will be street closures until noon.

Commissioner Pouraryan asked if we were using the City's app regarding closures, etc. and suggested a community outreach regarding the RPPP's due diligence.

I. ADJOURNMENT
Chair Winstead adjourned the meeting at 9:41 p.m. to February 22, 2017.

LAG

DA COUNTE
1989
Traffic Calming for Greater
La Plata Neighborhood
Traffic Commission Meeting
January 25, 2017
As a traffic calming strategy, the concept
for the Traffic Circles was initially discussed
at the Traffic Commission Meeting of
November 30, 2016.

Traffic Circle Concept
Traffic Circles were proposed at four
intersections:

La Plata/Vista Plaza Drive,
La Plata/Via Larga,
La Plata/Via Portola, and
Via Portola/Weatherwood/De Anza
Traffic Circles
Via Pan Via Cebolla
La
Via Portola Via De Anza
Vida
La
Weatherwood
Locations
Street Ave. 85th % ADT
Speed (mph) (vehicles)
(mph)
La Plata E/O Vista 30 36 1,380
Plaza
La Plata W/O Via 33 40 1,146
Pan
La Plata W/O Via 26 31 697
Portola
La Plata S/O Via 25 30 538
Larga
La Plata S/O Vista 19 24 158
Plaza
La Plata Speeds & ADT
Low number of collisions within the neighborhood of La Plata Drive and surrounding area since 2012.
hree collisions on La Plata, two collisions on Vista Plaza, and one collision on La Estrada have been reported.

Two of the collisions on La Plata involved a failure to yield right of way.

From the total of six collisions in the entire neighborhood only one was related to speed.

The data indicates that while speeding is a concern in the community, collisions related to speeding are low over the past few years on La Plata and nearby streets.

Accident Data
Traffic circles are raised circular medians that
direct traffic counterclockwise within an
intersection. Vehicles must change direction of
travel to maneuver around the circle.

Traffic circles are typically controlled by "Yield"
signage on all approaches. Traffic circles can
help manage speeds, reduce volumes, and
improve side street access.

Traffic Circles
San Clemente Example
Community input is vital to the process.

Prior to the November meeting, 181 letters
and several e-mails were sent to the residents
to solicit input.

About 25 residents attended the 11/30/16
Commission meeting.

Community Outreach
In responding to the community feedback,
two separate letters were issued:
• First letter advised all the residents in the
community to be mindful of their driving
speeds - 332 letters.
• Second letter provided details on the
proposal to install traffic circles, and
requested feedback - 332 letters.

Additional Community Outreach
As of 1/25/17, the feedback indicates:

Ten (10) in support
Six (6) requested additional info.

Twenty seven (27) opposed
• Staff recommendation is to receive and
file this report, provide enforcement.

Recommendation
Traffic Calming for La Plata Neighborhood
Traffic Commission
January 25, 2017

ATTACHMENT E
Traffic and Transportation Commission Agenda Item -
April 26, 2023
Proposed Improvements on La Plata Drive

TE LAGUNA
CITY
La Plata Drive Improvements
1989
VISTA PLAZA DRIVE BOTTOM MẠTCH

LA PLATA DRIVE

TO BE CONSTRUCTED BY(OTHERS
CROWN VALLEY PARKWAY 40'

GRACE CHURCH VIA VALVERDE SLOW
HOTS
11 11

VIA LARGA VIA PAN VIA CEBOLLA

STRICTLY

ENFORCIN

MATCH TO TOP RIGHT LA PLATA DRIVE VIA PORTOLA

STRICTLY

ENFORCES

ATTACHMENT B
Traffic and Transportation Commission Meeting Minutes,
April 26, 2023

MINUTES OF THE REGULAR MEETING OF

THE CITY OF LAGUNA NIGUEL

TRAFFIC AND TRANSPORTATION COMMISSION
April 26, 2023 - 7:00 p.m.

CALL TO ORDER - Chair Betonte called the Regular Traffic and Transportation Commission Meeting to order at 7:00 p.m.

ROLL CALL
Commission Members: Chair Amy Betonte - Present
Vice Chair Foster "Gene" Johns - Present
Commissioner Robin Cashion - Present
Commissioner Gregory Clements - Present
Commissioner Susan Harden - Present
Council Liaisons: Council Member Ray Gennawey - Present City Staff Present: Public Works Director Jacki Scott
City Traffic Engineer Kathy Nguyen
Police Chief Isaac Flores
Administrative Sergeant Jason Howell
Deputy Sheriff Aaron Gilbert
Commission Secretary Kaylee Choa
PLEDGE OF ALLEGIANCE - Commissioner Cashion

PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
A MOTION was made by Commissioner Harden, seconded by Vice Chair Johns, to approve the Consent Calendar as presented.

Motion carried 5-0.

Minutes of the Regular Traffic and Transportation Commission Meeting on February 22, 2023
Approved as written.

DISCUSSION ITEMS
La Plata Drive Traffic Calming Improvements
City Traffic Engineer Nguyen gave a presentation on existing and proposed traffic calming improvements on La Plata Drive.

Discussion ensued between Commissioners and staff.

Traffic & Transportation Commission Regular Minutes Page 1 of 3 April 26, 2023 Commissioner Clements requested increased police enforcement on La Plata Drive.

Vice Chair Johns requested a comprehensive traffic calming study on La Plata Drive and Commissioner Harden inquired what the study would entail.

Commissioner Clements requested that a subcommittee be formed to discuss La Plata Drive traffic calming measures.

City Traffic Engineer Nguyen stated that a comprehensive traffic calming study would include neighborhood workshops, talking to stakeholders in the area, and exploring how the different traffic calming measures affect the streets holistically.

Residents Anders Lasater, Tom Garner, Drew Hall, Ray Goldmann, Taylor Parham, David Piset, Pat Simmsguard, Mark Popoff, Jerry Monson, Alice Cowell, Tanya Yonda, Geoff Middleton, and Rick Costa spoke on traffic calming improvements on La Plata Drive.

Commissioner Clements inquired what improvements could be done in the interim while waiting for the results of the comprehensive traffic calming study.

City Traffic Engineer Nguyen stated that interim measures include police enforcement, speed feedback trailers, striping, and signage.

Chair Betonte inquired if the comprehensive traffic study would take future developments into consideration.

City Traffic Engineer Nguyen stated that the projected traffic generated by the Grace Church development would be considered in the comprehensive traffic study.

A MOTION was made by Commissioner Harden, seconded by Vice Chair Johns, to:

1. Develop a comprehensive traffic calming plan for the affected streets in the Niguel Hills neighborhood; and,

2. Direct staff to provide additional enforcement, speed feedback trailers, and signage in the interim.

Motion carried 5-0.

Annual Review of Traffic Controls for Schools
Laura Forinash, Traffic Engineer from Kimley-Horn and Associates, Inc., gave a presentation on the requests from Community Roots Academy and George White Elementary School to modify traffic control.

Discussion ensued between Commissioners and staff.

Commissioner Harden inquired about the use of temporary signage for Community Roots Academy and if it could be enforced.

Traffic & Transportation Commission Regular Minutes Page 2 of 3 April 26, 2023 City Traffic Engineer Nguyen stated that temporary signage may disappear over time and recommended that signs be posted for consistent enforcement.

Commissioner Cashion inquired if a crosswalk could be installed on Via San Sebastian.

City Traffic Engineer Nguyen stated that people are legally allowed to cross anywhere on a residential street like Via San Sebastian and that the proposed signs on Via San Sebastian are intended to prevent midblock U-turns.

Resident Jim Favero spoke on modifying the location of one of the proposed signs prohibiting midblock U-turns.

Commissioner Cashion requested a before and after study of the sign installation and to bring the results back to the Traffic and Transportation Commission.

A MOTION was made by Vice Chair Johns, seconded by Commissioner Clements, to:

1. Approve the installation of signs that prohibit midblock U-turns on Via San Sebastian and Calle Vieja;

2. Approve the removal of No Right Turn on Red sign on Golden Lantern at Chapparosa Park; and,

3. Direct Police Services to continue enforcement efforts in and around the schools.

Motion carried 5-0.

STAFF, CITY COUNCIL, AND COMMISSION COMMENTS
Laura Forinash gave an update on traffic improvements on Shark Bay at Niguel Hills Middle School.

Commissioner Cashion requested an update on the work being done on La Paz Road between Kings Road and Rancho Niguel Road.

Public Works Director Scott stated that the City is studying the cause of the distress in the roadway and potential solutions.

Chair Betonte requested an update on e-bike safety from Police Services.

Deputy Sheriff Gilbert stated that Police Services has been working with Capistrano Unified School District to educate students about e-bike safety.

ADJOURNMENT - Chair Betonte adjourned the meeting at 8:53 p.m.

Respectfully submitte
Traffic and Transportation Commission Secretary
Traffic & Transportation Commission Regular Minutes Page 3 of 3 April 26, 2023

ATTACHMENT C
Location Map
Vicinity Map
La Paz Rd
Crown Valley Pkwy Calle Vieja
Via San Sebastian Via Piedra Blanca
Vista Plaza Dr
Via Valverde alverde
• Vieja Piedra Roja Los Osos Dr Palo Dr
Vista Plaza Dr se Larga
La Plata La Estrada boiden Lanter
Via Baja Cerro Via De Anza
La Plata Dr
Via Portola Dr
LEGEND
1] Study Area
Niguel Hills Neighborhood
Location Map

ATTACHMENT D
RFP for Niguel Hills Neighborhood Traffic Study
City of Laguna Niguel
Niguel Hills Neighborhood Traffic Study
Request for Proposals (RFP)
Issued: July 7, 2023 / Due: August 7, 2023, by 2:00 p.m. PST Adelanto Dr Adianto Di
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City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 1 of 23 RFP Summary
RFP Title: Niguel Hills Neighborhood Traffic Study
Scope of Work: See Section I-4 (Scope of Work)
RFP Submittal Information: Interested Consultants will submit a PDF copy of your Proposal through the City's electronic procurement system (PlanetBids).

Late proposals will not be accepted.

RFP Due Date: August 7, 2023, by 2:00 p.m. PST
RFP Submittal Requirements: Your proposal must include the information described in Section III (Proposal Form and Content) of this RFP.

Consultant proposals will be considered non-responsive if the proposal does not provide all the information requested in Section III.

Prior to Award of Contract: The successful Consultant must submit a Certificate of Insurance and related endorsements that meets the City's criteria as described in the draft Agreement (Attachment A of this RFP).

RFP Questions: Questions regarding this RFP must be submitted through the City's electronic procurement system (PlanetBids). The
deadline to submit questions is July 18, 2023, by 10:00 a.m.

PST.

City Contact / Kathy Nguyen
Project Manager: Engineering Services Manager
City of Laguna Niguel
Phone: (949) 362-4341
Email: [email protected]
City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 2 of 23

CONTENTS
Section I - Project Information ...5
1-1. Project Background ...5
I-2. City Background ....7
I-3. Project Goals and Project Deliverables.... ...7
1-4. Scope of Work .....8
Section II - RFP Process .12
II-1. RFP Timeline... 12
II-2, RFP Questions and Responses. 12
II-3. RFP Due Date and Opening .. 13
II-4. RFP Evaluation Process.. 13
II-5. Request for Council Action 14
II-6. Execution of Agreement. 15
II-7. Acceptance of Agreement and Term. 15
Section III - Proposal Form and Content.. ..15
III-1. General Information. 15
III-2. Proposal Submission Requirements and Response Format. 16 III-3. Certification Statement 16
I|I-4. Letter of Transmittal 16
III-5. Key personnel... 17
III-6. Experience.. .17
III-7. Project approach 17
IlI-8. Schedule 18
III-9. Cost Proposal 18
Section IV - Evaluation / Selection of Proposals ... ..18 IV-1. Clarifications .18
IV-2. Proposal Evaluation and Selection .. 19
IV-3. Single or Multiple Contracts ..19
City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 3 of 23 Section V - General RFP Information 19
V-1. Public Records 19
V-2. Cancellation 19
V-3. Late Proposals... 20
V-4. Disputes 20
V-5. Proposer Certifications.. 20
V-6. Nondiscrimination 21
V-7. Proposed Liability 21
V-8. City Requests for Clarification, Additional Research, and Revisions..... 22 V-9. Rejection of Proposals. .22
V-10. Modification or Withdrawal of Proposal by Consultant. 23 V-11. Duration of Proposal. 23
V-12. Local, State, and Federal Requirements .23
Attachment A - City's Sample Professional Services Agreement Attachment B - City of Laguna Niguel's Residential Traffic Management Policy Attachment C- April 2023 Traffic and Transportation Commission Staff Report Attachment D- April 2023 Traffic and Transportation Commission Meeting Minutes Attachment E - Certification statement
City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 4 of 23 SECTION | - PROJECT INFORMATION
I-1. PROJECT BACKGROUND
The City of Laguna Niguel ("City") is requesting proposals from qualified firms ("Consultant") to develop a neighborhood traffic study, including conceptual design plans to address traffic calming in the Niguel Hills neighborhood. The conceptual design alternatives will be presented to the Traffic and Transportation Commission and City Council for their consideration. The selected firm shall furnish all expertise, labor, and resources to provide complete services necessary to fulfill the requirements for the specified work detailed within this RFP.

The Niguel Hills neighborhood is in the northeast portion of the city. The neighborhood has over 480 homes and is not managed by a homeowner's association (HOA). La Plata Drive is the primary residential street through the neighborhood. The proposed study area is shown below in Figure 1 including La Plata Drive and other study roadways. It should be noted that the study area may change over the course of the study based on feedback and participation of the neighborhood.

Eokten Lantern
Figure 1. Niguel Hills Neighborhood Study Area
La Plata Drive is a 40-foot wide, double-loaded residential street that intersects Crown Valley Parkway.

La Plata Drive is approximately a half mile in length with a downhill grade running from Via Portola to Crown Valley Parkway. The posted speed limit is 25 miles per hour (MPH). Based on City-collected data, the average speed on La Plata Drive is 27 MPH and the 85th percentile speed is 34 MPH. Recent traffic counts show average daily traffic (ADT) on La Plata Drive varies from 750 vehicles near Via Portola to City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 5 of 23 1,200 vehicles near Vista Plaza. There has been only one reported collision on La Plata Drive in the past three years.

In March 2016, residents contacted the city with additional concerns of high speeds along the same segment of La Plata Drive. In July 2016, the Traffic and Transportation Commission recommended that the City Council approve a petition for speed humps on La Plata Drive. Ballots were mailed to residents of Via Larga, Via Pan, Via Cebolla, and La Plata Drive. The results of the ballot did not meet the minimum 67% support required to install speed humps on La Plata Drive.

In November 2016 and January 2017, traffic circle concepts were discussed at the Traffic and Transportation Commission meetings as a traffic calming measure on La Plata Drive. This countermeasure was not explored further due to a lack of support at that time.

In December 2021, a resident requested traffic calming measures on La Plata Drive during the Public Comment portion of a Traffic and Transportation Commission meeting. Since that meeting, oversize speed limit signs and speed limit pavement markings have been installed on La Plata Drive which reduced speeds by nearly 2 MPH. Speed feedback trailers have been regularly deployed on La Plata Drive on a rotating basis as well as increased police enforcement of speeding behavior.

In April 2023, Staff recommended the installation of edge line striping to the Traffic and Transportation Commission as the next "tool" in the traffic calming "toolbox". Based on public comment, the Commission directed staff to perform a neighborhood-wide traffic calming study in lieu of installing the edge line striping.

Within the study area, the Laguna Niguel Senior Living Center Project was recently approved. The Senior Living Center Project is located at the Grace Church site on La Plata Drive west of Via Valverde.

The approved development proposes a 111-bed facility for assisted living and memory care without removal of land uses at the project site. The City and Grace Church have discussed preliminary striping improvements on La Plata Drive between Crown Valley Parkway and Vista Plaza Drive as part of the Laguna Niguel Senior Living Center Project.

The City follows the adopted Residential Traffic Management Policy which is designed to address concerns on residential streets, and a Traffic Calming Toolkit is also available which describes the City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 6 of 23 process for implementing traffic calming measures; refer to the summary traffic calming brochure provided on the City website under Traffic & Transportation.

I-2. CITY BACKGROUND
The City of Laguna Niguel is a 14.72 square mile bedroom community with a population of approximately 67,208 located in Orange County, California. The City was incorporated on December 1, 1989, as a master planned community. The City is known for its mild coastal climate, low crime rate, and its numerous parks and public trails. Over the course of the year, the temperature typically varies from 49°F to 78°F and is rarely below 43°F or above 86°F. 1-3. PROJECT GOALS AND PROJECT DELIVERABLES
Since 2015, the City has used an incremental approach to traffic calming for La Plata Drive from non- physical treatments such as enforcement, speed feedback trailers, centerline striping, signage, and speed legends. The City has explored the installation of physical devices such as traffic circles and speed humps. At the April 2023 Traffic and Transportation Commission, the Commission directed staff to perform a comprehensive traffic calming study for the Niguel Hills neighborhood.

The proposed traffic study (Project) shall address the following goals:

Complete a holistic traffic calming study that encompasses the entire neighborhood as defined in the Study Area map.

Provide creative traffic calming solutions beyond what has been implemented or considered. For proposed traffic calming measures, the traffic study shall identify and consider potential consequences and solutions to these issues (i.e., cut-through traffic, emergency response, traffic diversion, etc.).
• Collaborate with the neighborhood stakeholders to understand street specific issues, establish a voting process and criteria, and present alternatives to the Traffic and Transportation Commission for recommendation to City Council City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 7 of 23 1-4. SCOPE OF WORK
Qualified Consultants must have experience with neighborhood traffic calming and street improvement plans. The City anticipates the scope of work shall include a minimum of the following tasks and deliverables:

Task 1: Project Management and Meetings
Provide project management for the entire duration of the Project (anticipated at 12 months) and coordinate with the City and other key stakeholders. The Consultant shall conduct a project kick-off meeting with the Project Manager and Public Works staff. At the kick-off meeting, key members will be introduced and the following discussed: scope of work, project approach, work plan, deliverables, and additional request for information.

Collaborate with Project Manager to review and provide refined Project scope of work and schedule.

The Consultant shall conduct up to six (6) progress meetings with the Project Manager and Public Works staff. This task shall also include attendance and presentation at up to two (2) Traffic and Transportation Commission Meetings for updates and final Project presentation, and one (1) City Council Meeting for final Project presentation and approval.

Deliverables: Final Project scope and schedule; Project kick-off and progress meetings, agenda, materials, and meeting notes; public meetings - prepare, attend, and present at Traffic and Transportation Commission and City Council meetings; additional data/information request; informational materials (e.g., handouts, exhibits, data tables, etc.) for the meetings listed above Task 2: Public Outreach Plan, Stakeholder Engagement, & Voting Criteria Stakeholder engagement is critical to the success of this Project. The Consultant shall utilize relevant and comprehensive strategies to receive feedback from as many residents in the neighborhood as feasible. Engagement with stakeholders shall not be limited to a single workshop or email blast. It is expected for the Consultant to have an ongoing dialogue with the stakeholders for the duration of the Project. In addition to the homeowners, the Consultant shall engage with Police Services, the Fire Department, Grace Church, and Childtime daycare.

The Consultant shall propose a public outreach plan and strategy that informs the neighborhood of the study, provides regular updates, and offers channels for participation and feedback. Strategies may include providing content for a Project website, hard copy mailings, one (1) neighborhood intercept engagement, etc. The public outreach plan shall include multiple methods of communication to ensure City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 8 of 23 participation from the neighborhood stakeholders. The outreach plan shall also include monthly updates to the neighborhood via email or website updates as well as outreach material asking for participation for relevant milestones, including surveys, public workshops, Traffic and Transportation Commission meetings, and City Council meetings. The City can assist in postcard distribution and managing the Project website.

The Consultant shall develop an initial survey for distribution to stakeholders within the study area to understand specific issues or concerns occurring on each homeowner's street. The survey shall collect approximate home location information to understand each home's specific concern. The survey shall gather feedback on up to fifteen (15) different types of traffic calming measures. As mentioned in the Project goals, the neighborhood is looking for creative solutions beyond what has been implemented.

The survey shall seek neighborhood feedback on more aggressive measures such as diverters, chicanes, raised medians, one-way streets, traffic circles, access management, speed humps, turn restrictions, curb extensions, street closures, etc. The initial survey shall gather feedback on how willing homeowners are to sacrifice access to major arterials and lose on-street parking to accommodate some of these traffic calming measures.

The Consultant shall host an initial neighborhood workshop where the initial survey results are presented, including a summary of traffic issues and concerns received by street. The Consultant shall provide a summary of survey feedback on the traffic calming measures, voting criteria, and potential benefits and concerns of traffic calming measures. During this meeting, a homeowner from each street will be identified as a "block captain" to form a neighborhood liaison group. The block captain's roles and responsibilities will be defined during the Project. While public outreach is critical to the success of this Project, Task 2 shall not exceed 40% of the total Project cost.

Deliverables: Develop and implement a public outreach plan for the duration of the Project; deliverables may include website content. monthly communications, creating up to five (5) mailers/flyers/infographics as outreach materials, deploying a street team, etc.; develop up to three (3) neighborhood surveys and process the results; two (2) public workshops - prepare, attend, and present at meeting with the public; informational materials (e.g., handouts, exhibits, data tables, etc.) for the meetings listed above
Task 3: Develop Toolbox
Using the results of the initial survey, the Consultant will build a toolbox of countermeasures for each street in the study area. The street specific toolbox will include a list of up to five (5) countermeasures that were voted for by homeowners living on the specific street in the initial survey. The toolbox shall include information such as cost estimates, constructability, potential conflicts, advantages, City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 9 of 23 disadvantages, and potential locations for deployment. The toolbox will be presented to the Neighborhood Liaisons comprised of the block captains. The Consultant shall present the toolbox with customized recommendations by roadway to the appropriate block captain for feedback on the countermeasure(s).

Deliverables: Develop toolbox of countermeasures for roadways within the neighborhood; one (1) Neighborhood Liaison Meeting - prepare, attend, and present at meeting with the public; informational materials (e.g., handouts, exhibits, data tables, etc.) for the meetings listed above.

Task 4: Conceptual Design and Operational Analysis
The Consultant shall develop conceptual plans for three (3) design alternatives per roadway with traffic calming needs using the toolbox and based on feedback received from the block captains. The conceptual level plans shall be infographic-style and easy to understand. Along with the conceptual level plans, the Consultant shall perform a traffic operational analysis for each alternative to identify the potential impacts of the proposed countermeasures such as a diversion or queueing impacts. The traffic operational analysis shall account for the future traffic volumes generated by the approved Laguna Niguel Senior Living Center Project. The City will provide the Laguna Niguel Senior Living Center Project traffic study to the selected Consultant. Based on the proposed improvements, truck turning analyses and sight distance analyses may be required. Each design alternative must be vetted for feasibility and constructability through review by Police Services and the Fire Department. For each design alternative, the Consultant may need to perform a multi-way stop sign warrant at up to five (5) major intersections in the neighborhood. A cost estimate shall be provided for each of the design alternatives.

The Consultant shall present the three (3) design alternatives by affected roadway to the neighborhood at a second public workshop to receive feedback and make modifications, if necessary. The Consultant shall present the three (3) design alternatives to the Traffic and Transportation Commission along with the survey results and staff's recommendation.

Based on feedback from the second public workshops and the Traffic and Transportation Commission, the Consultant will prepare a recommended design alternative for roadways with traffic calming needs.

The final conceptual plans shall be distributed to the neighborhood.

Deliverables: Develop conceptual plans and cost estimates for three (3) design alternatives for the neighborhood study area; complete a multi-way stop sign warrant for up to five (5) major intersections in the study area; complete necessary analyses, including but not limited to diversion, truck turning, and sight distance
City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 10 of 23 Task 5: Documentation
The Consultant shall prepare draft and final traffic study reports that will contain background information, summarize the efforts from the previous tasks and recommended design alternatives complete with an analysis of operations and a discussion on potential impacts.

Deliverables: Draft Traffic Study Report; Final Traffic Study Report Task 6: Data Collection
The Consultant shall collect additional traffic data around the neighborhood. The Consultant shall assume data collection of weekday average daily traffic and 24-hour speed surveys on 15 street segments. The Consultant shall assume data collection of weekday AM and PM peak hour turning movement counts at 5 intersections for multi-way stop sign warrant analyses.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 11 of 23

SECTION II - RFP PROCESS
1I-1. RFP TIMELINE
The following is the anticipated RFP Timeline. The City reserves the right to make changes to the RFP Timeline for selection and award of the Agreement. Any and all changes in this RFP will be made by written Addendum.

Milestone Date
RFP Issued July 7, 2023
Due date for RFP Questions July 18, 2023, by 10:00 a.m. PST Responses Provided to RFP Questions July 25, 2023
RFP Submittal ("RFP Due Date") August 7, 2023, by 2:00 p.m. PST Optional Consultant Interview(s) - In person Tentatively scheduled for the week of August 21-25, 2023
City Council Award of Project On or about September 19, 2023 Kick-Off Meeting October 2023
II-2. RFP QUESTIONS AND RESPONSES
Consultants interested in submitting a proposal are asked not to contact other City staff or City Council Members in connection with the RFP prior to the City Council Award of the Study.

Please submit any questions pertaining to the RFP through the City's electronic procurement system (PlanetBids) on or before July 18, 2023, by 10:00 a.m. PST. No questions will be accepted via phone or email. Once all questions are received, the City will summarize all questions and their responses in an addendum to the RFP. The addendum will be provided by July 25, 2023. The addendum will be posted to the City's electronic procurement system (PlanetBids): https://pbsystem.planetbids.com.

In case additional clarifications need to be provided after July 25, 2023 and before the RFP Due Date, the City will post additional addenda to PlanetBids.

Each Consultant is responsible for obtaining all addendum prior to submitting a proposal and shall acknowledge in its proposal the receipt of each addendum as part of its proposal. Failure of Consultant to acknowledge receipt of all addenda as part of its proposal may result in rejection of its proposal.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 12 of 23 II-3. RFP DUE DATE AND OPENING
Proposals are due on or before the RFP Due Date, August 7, 2023, by 2:00 p.m. PST.

Proposals will be addressed to the City Contact:

City of Laguna Niguel (City Hall)
c/o Kathy Nguyen
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Interested Consultants will submit a PDF copy of your proposal through PlanetBids.

It is the responsibility of the Consultant to ensure the proposal was received by the RFP Due Date and Time. Late proposals will not be accepted. The City will not publicly open or read proposals aloud.

II-4. REP EVALUATION PROCESS
This RFP is not a formal bid process governed by formal bid rules typically associated with public projects. The evaluation and selection process are based upon consideration of a variety of factors as described below. Accordingly, the City reserves the right to waive technical errors, alter submission dates, issue subsequent requests for proposals, etc.

An Evaluation Committee comprised of City staff will review and score all proposals based on the Evaluation criteria stated below. The selection will be made based on the recommendation of the team and presented to the City Council for approval to award and agreement execution. The individual rating and/or evaluation forms prepared by the team members will not be revealed; however, a summary of the evaluation results will be presented to the City Council.

During the evaluation process, the Committee may, at its discretion, request any one or all Consultants to make oral presentations by participating in a virtual interview. Such presentations will provide Consultants with an opportunity to answer any questions the Committee may have on their qualification package. Not all Consultants may be asked to make such oral presentations. The interview process will primarily focus on the key personnel proposed by the Consultant to perform work for this City. The City may also request the presence of the Consultant's principal-in-charge, if necessary.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 13 of 23 The City of Laguna Niguel will review and evaluate the proposals based on the following factors to select the most qualified Consultant:

1. Key Personnel - The experience and qualifications of the proposed key personnel and the firm on similar projects. The designated Project Manager must be able to perform as the sole point of contact and provide day-to-day direction to team members and subconsultants. Expertise and background of the Project Manager and key team members and their availability to participate on this Study and overall firm capabilities to meet the additional needs of the City will be evaluated.

2. Relevant Experience and Client References

3. Project Approach - The proposed Project approach and services that the firm is capable of providing and the firm's approach to meet the needs of the City. The Consultant understands the study specific issues and is able to identify study challenges as well as possible solutions.

4. Project Schedule and Controls - The firm's ability to control costs and provide accurate and timely invoices and stay within budget. The Consultant provides a Project schedule and describes techniques to monitor schedule and complete the Project within the proposed time frame.

5. Cost - The proposed fee will be evaluated based on the reasonableness of the proposed costs.

Costs will be evaluated on costs the City or other comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary costs for the Services. The total allocated budget for this Project is $80,000.

Selection by the City shall be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and shall not be awarded solely based on project cost. Selection will be made to ensure that such services are engaged based on demonstrated experience and qualifications at fair and reasonable prices to the City.

I1-5. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the City's Evaluation Committee, the City will recommend a Consultant for award at a City Council Meeting. The selected Consultant will enter into an agreement with the City based upon the contents of the RFP and the Consultant's proposal. Consultants not chosen will be informed following the City Council Meeting.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 14 of 23 I1-6. EXECUTION OF AGREEMENT
A sample Professional Services Agreement is attached herein as an Attachment "A". The term of the Agreement will begin once the Agreement is fully executed, and a W9 and a certificate of insurance and related insurance endorsements that meet the City's requirements have been received and approved.

If the Consultant recommended for award of the Project is on the City's 2023 On-Call Professional Services list and has an agreement with the City for On-Call Professional Services made effective July 1, 2023, the Project will be made an Amendment thereto. Potential Consultants are not required to be on the City's 2023 On-Call Professional Services list in order submit a proposal for this project.

I1-7. ACCEPTANCE OF AGREEMENT AND TERM
After the City Council awards the Study, the City will work to fully execute the Professional Services Agreement (Attachment "A") or an Amendment to On-Call Professional Services Agreement. The term of the Professional Services Agreement or Amendment will be for one year or, until this RFP's Scope of Work (Section I-4) is completed.

SECTION III - PROPOSAL FORM AND CONTENT
III-1. GENERAL INFORMATION
The City reserves the right to retain all proposals submitted. Submission of a proposal indicates Consultant's acceptance of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City and the Consultant selected.

The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City. Any Consultant may withdraw their proposal, without obligation, at any time prior to the RFP Due Date. A withdrawal will not be effective unless made personally in writing to the City Contact prior to the RFP Due Date. Proposals may later be referred to the City Council for appropriate action.

Proposals must be valid for a minimum of 90 days.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 15 of 23 III-2. PROPOSAL SUBMISSION REQUIREMENTS AND RESPONSE FORMAT Consultant is responsible for preparing a well-organized and concise written proposal. Emphasis should be on completeness, clarity of content, and cost effectiveness of the proposal.

Proposals shall be submitted in a single, PDF formatted electronic document. Although there is no page limit, please provide brief, concise, relevant information that best pertains to this RFP. Emphasis should be placed on the proposed personnel and their experience relative to the Scope of Work.

To be considered for selection, Consultants must submit a complete response to this RFP that includes the following mandatory information and/or requirements in the following format and order. Failure to provide any of the information requested below may be cause for the proposal to be considered non-responsive.

1. Certification Statement

2. Letter of Transmittal

3. Key Personnel

4. Experience

5. Project Approach

6. Schedule

7. Cost Proposal
Additional guidelines for the mandatory information and/or requirements listed above are described in the next sections.

III-3. CERTIFICATION STATEMENT
All submitted proposals must contain a signed certification statement (Attachment "E"). Additionally, Consultant shall affirmatively state that they have reviewed and are ready to execute the City's standard form Professional Services Agreement (Attachment "A") or an Amendment to On-Call Professional Services Agreement in its Letter of Transmittal.

III-4. LETTER OF TRANSMITTAL
Identify Consultant's legal name and contact information, including corporate office and local office address, telephone number, website address, and e-mail address. Summarize key elements of the proposal. The letter must stipulate that the cost proposal will remain valid for a period of at least 90 City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 16 of 23 days. The letter shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Consultant.

III-5. KEY PERSONNEL
Identify the name and specific qualifications, experience, availability, and appropriate licenses held, if applicable, of the key personnel assigned to the project. Include a resume for the assigned staff member(s). Include resumes and availability for any additional key staff who will aid in accomplishing the scope of work. Include any subconsultants which Consultant proposes to use for any portion of the services. At least one of the key personnel shall be a Professional Civil Engineer and/or Professional Traffic Engineer licensed to practice in the State of California.

Consultant shall also identify a Management Contact (a representative authorized to sign an agreement for your firm and act as the primary point of contact). The successful Consultant may only change the Management Contact, staff, and specialists with prior written permission of the City.

I1I-6. EXPERIENCE
Provide a list of representative projects undertaken by Consultant in the last three (3) years demonstrating experience in providing similar services. Identify the organizations for which the work was performed and provide the names, telephone numbers, and email addresses of persons who can be contacted.

The representative projects shall include the development of Neighborhood Traffic Management Programs and the design of traffic calming solutions ideally in residential settings with a public agency.

The Proposal shall include projects where traffic calming solutions have been implemented. For each project, the Consultant shall provide a project summary, description of outreach, project budget, and a post-construction assessment to evaluate the effectiveness of the traffic control solution such as a before-and-after study.

III-7. PROJECT APPROACH
Provide a detailed work plan, including a detailed task description proposed for each element of the Scope of Work described in this RFP. The Proposal will discuss the Consultant's understanding of the project and how the Consultant will conduct each task, in detail sufficient to demonstrate a clear understanding of the Project Goals and Scope of Work. Include potential challenges and possible City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 17 of 23 solutions as well. Additional information which, in your opinion, should be included must be clearly identified
The Consultant's proposal shall recommend a public outreach plan with multiple strategies that will provide the most stakeholder participation and input. The Consultant shall provide specific tools and communication mediums that will be used to engage stakeholders and collect input. The Consultant shall include techniques to build consensus amongst stakeholders for the proposed traffic calming solutions. The Consultant's proposal shall recommend at least one unique solution to calming traffic in the Niguel Hills Neighborhood beyond what has already been proposed in the past.

I1I-8. SCHEDULE
In addition to the workplan, please provide a schedule depicting the sequence and duration of tasks that details how the proposed scope of work will be organized and executed.

I1I-9. COST PROPOSAL
Provide a full description and breakdown of fees for each of the tasks listed in the Scope of Work and to meet the Project Goals. The Cost Schedule is inclusive of all hourly rates and charges. Consultant must state that the proposed fees are guaranteed for the term of the agreement. If the Consultant is on the City's 2023 On-Call Professional Services list and has an agreement with the City for On-Call Professional Services made effective July 1, 2023, the Project's cost proposal shall reflect the fee rates listed in that agreement. Potential Consultants are not required to be on the City's 2023 On-Call Professional Services list in order submit a proposal for this project.

SECTION IV - EVALUATION / SELECTION OF PROPOSALS
IV-1. CLARIFICATIONS
The City reserves the right to seek written clarification of each proposal submitted. The City also reserves the right to require other evidence of minimum qualifications, technical, managerial, financial, or other abilities prior to selection.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 18 of 23 IV-2. PROPOSAL EVALUATION AND SELECTION
The City will select a Consultant based on the evaluation of the submitted proposals. The City reserves the right to request a Best and Final Offer (BAFO) from the top ranked Consultants. The City will recommend the award of contract to the highest ranked and responsive Consultant.

IV-3. SINGLE OR MULTIPLE CONTRACTS
The City will award only one Consultant to provide all services described in the Scope of Work in this RFP (Section I-4). If multiple Consultant's desire to work together, one Consultant will enter a contract with the City and agree upon a method of compensation with the other Consultant(s), separate from the City.

SECTION V - GENERAL REP INFORMATION
V-1. PUBLIC RECORDS
Responses to this RFP become the exclusive property of the City and are subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in California Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Consultants who indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive.

In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the Consultant agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney's fees, if any action or liability arising under the Public Records Act.

V-2. CANCELLATION
The City reserves the right to cancel this RFP or the contract award, at any time before execution of the contract by both parties, if cancellation is deemed to be in the best interest of the City. In no event shall the City have any liability for the cancellation of a contract award.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 19 of 23 V-3. LATE PROPOSALS
All proposals that are not received by the RFP Due Date will not be considered and will not be returned to the Consultant.

V-4. DISPUTES
In case of any doubt or differences of opinion as to the items or services to be furnished hereunder, or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties.

V-5. PROPOSER CERTIFICATIONS
By the act of submitting a Proposal in response to this RFP, the Proposer certifies that:

1. The Consultant has carefully examined all RFP documents, including the draft Agreement (attached as Attachment "A"), and all addenda, and fully understands the intention of the RFP is to perform all tasks as described in the Scope of Work of this RFP, and the proposal is made in accordance therewith. Except as otherwise noted as part of the proposal, the Consultant certifies that Consultant is ready, willing, and able to comply with all terms of the attached Agreement.

2. The Consultant is familiar with the local conditions under which the work will be performed.

3. The proposal is based upon the requirements described in the RFP, without exception, unless clearly stated in the response.

4. The Consultant accepts all of the terms of the City's Agreement and warrants that Consultant will fully meet all of the insurance requirements contained therein. If the Consultant wishes to amend or modify any terms of the Agreement, such amendment or modification must be stated in particularity in the Proposal. Proposed changes to the Agreement not stated at the time of proposal submission will not be considered. Changes stated will be considered but may not be agreed upon by the City for contract award. If the City does not agree with such noted changes, the Consultant may withdraw the proposed change, or the entire proposal and the City may elect to award the contract to the next highest ranked Consultant.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 20 of 23

5. The Consultant certifies, and in the case of sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of Consultant's knowledge and belief, no elected official, employee, or person whose salary is payable, in whole or in part, by the City has a direct or indirect financial interest in the proposal or in the services to which it relates, or in any of the profits thereof, other than as fully described in the Consultant's response to this RFP.

6. The Consultant has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and if its proposal is accepted, the Consultant shall accept the contract documents thereto, unless substantive changes are made in same without the approval of the Consultant.

7. The Consultant, if an individual, is of lawful age; is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed Agreement.

8. The Consultant has quality experience providing the types of services and duties as described within the Scope of Work of this RFP.

9. The Consultant shall also certify Consultant's state of residence.

V-6. NONDISCRIMINATION
By the act of submitting a proposal in response to this RFP, the Consultant certifies, under penalty of perjury, that the Consultant has not discriminated against minorities, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining any required subcontracts.

V-7. PROPOSED LIABILITY
Consultants responding to this RFP do so solely at their expense, and the City is not responsible for any Consultant expenses associated with the RFP. By proposing, Consultants agree that doing so is at their own risk and the City shall have no liability related thereto. Finalists invited to participate in interview evaluations are responsible for scheduling and paying for their own travel arrangements. The City is not liable for any cost incurred by a Consultant in protesting any portion of the RFP documents or the City's selection decision.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 21 of 23 V-8. CITY REQUESTS FOR CLARIFICATION, ADDITIONAL RESEARCH, AND REVISIONS The City reserves the right to obtain clarification of any portion of a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Consultant to timely respond to such a request for additional information or clarification may result in a finding that the Consultant is non-responsive and consequent rejection of the proposal.

The City may obtain information from any legal source for clarification of any proposal. The City need not inform the Consultant of any intent to perform additional research in this respect or of any information thereby received.

The City may perform, at its sole option, investigations of any Consultant. Information may include, but shall not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public record and may be disclosed accordingly.

The City reserves the right to request revisions of any proposal after the date and time due and before award for the purpose of obtaining best and final offers.

V-9. REJECTION OF PROPOSALS
The City reserves the right to reject any or all irregularities or omissions in proposals submitted in response to this RFP to the extent it is determined to be in the best interest of the City to do so.

Furthermore, the City reserves the right to reject any or all proposals or portions thereof submitted in response to this RFP. Proposals may be rejected for one or more of the following reasons, including but not limited to:

1. Failure of the Consultant to adhere to one or more of the provisions established in the RFP.

2. Failure of the Consultant to submit a proposal in the format specified herein.

3. Failure of the Consultant to submit a proposal within the time requirements established herein.

4. Failure of the Consultant to adhere to ethical and professional standards before, during, or following the proposal process.

The City may reject any proposal not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all proposals upon a finding by the City that it is in the public interest to do so. Rejected proposals are considered to be non-responsive.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 22 of 23 V-10. MODIFICATION OR WITHDRAWAL OF PROPOSAL BY CONSULTANT A proposal may not be modified, withdrawn, or canceled by the Consultant following the time and date the proposals are due (RFP Due Date). Proposals submitted early may be modified or withdrawn only by notice to the City at the proposal submittal location prior to the time and date the proposals are due. Such notice shall be submitted to the Project Manager, by email, sent by a duly authorized representative of the Consultant submitting the proposal. All such communication shall be worded so as not to reveal the contents of the original proposal. Withdrawn proposals may be resubmitted prior to the time and date the proposals are due, provided that they are then fully in conformance with the RFP.

V-11. DURATION OF PROPOSAL
Proposal prices, terms, and conditions shall be firm for a period of at least ninety (90) days from the time and date proposals are due. Proposals shall not be subject to future price escalation or changes of terms during the ninety (90) day period.

V-12. LOCAL, STATE, AND FEDERAL REQUIREMENTS
The City intends to select a Consultant in accordance with California law and the City's municipal code.

Selection of a Consultant under this process is not a guarantee of a contract award, nor is the award of a contract for any portion of the project a guarantee of award of a contract for any subsequent work.

All work is subject to budgetary and funding constraints of the City.

The selected Consultant shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the work under the Agreement, including, without limitation, the provisions of: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (ii) the Americans with Disabilities Act of 1990; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations.

City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study Page 23 of 23

ATTACHMENT A - CITY'S SAMPLE PROFESSIONAL SERVICES AGREEMENT City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between CITY OF
LAGUNA NIGUEL, California municipal corporation ("City") and _ a
("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties." In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant's Proposal and City's RFP. Consultant's proposal or bid for this Agreement (Consultant's Proposal"), dated
incorporated herein by this reference as though fully set forth herein. City circulated a Request for Proposals for the services provided for herein on
Request for Proposals ("City's RFP"), which was responded to by Consultant's Proposal, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included both in Consultant's Proposal as well as in City's RFP. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal (for scope of services or work, or schedule of performance), and the terms of City's RFP (for scope of services or work, or schedule of performance), the Consultant's Proposal shall govern, unless this Agreement provides otherwise. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant's Proposal, other than description of scope of services or work, as well as description of schedule of performance, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered.

City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, 01405 0006/8425691 -1-
successors and assigns shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Additional Services and Compensation. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Laguna Niguel Municipal Code, is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants.

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

1.7 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City's current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.8 Prevailing Wages. If services include any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws. To the maximum extent permitted by law, Consultant's obligations in Section 5.3 (Indemnification) expressly apply to acts or omissions arising out of, or incidental to, the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their officers, employees and agents) in connection with any services, including without limitation the payment -2-
of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant pursuant to this section shall survive termination of the Agreement.

1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Dollars ($ _ ("Compensation Sum"), unless
additional compensation is approved pursuant to Section 1.5. This Agreement includes a contingency amount equal to percent of the Compensation Sum ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including , reimbursement for actual expenses, shall not exceed Dollars ($
("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5. The Consultant shall obtain written approval from the City for any use of the Contingency Sum.

Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. Upon expiration of original term of the Agreement, if term is extended (pursuant to Section 3.2 or otherwise), fees and rates may only be increased both pursuant to Section 9.4 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Orange County area for the applicable period of time. City has no obligation or duty to provide any such increase. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

2.2 Invoices. Unless some other method of payment is specified in Exhibit B, Special Requirements, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice -3-
is to include (unless otherwise specified by City: 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than 20_ The term of this Agreement may be
extended administratively (with total cumulative extension no greater than two years), by the City pursuant to Section 9.4 and without the need for further approval by the City Council, if the Consultant's performance is satisfactory and it is in the best interest of the City.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time periods) established in the "Schedule of Performance" attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, (with the express exception of delays arising from the impact of COVID-19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay.

City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Consultant Representative. The Consultant Representative is ([title, work phone number and work email]), who is
authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be -4-
replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 City Representative. The City Representative is such person as designated by the City Manager or her designee. The City Representative shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant's responsibility to assure that the City Representative is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, may be made (unless otherwise specified) either by the City Manager, the Director, or by the City Representative (or by their respective delegates as provided for in writing).

Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant's exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees' Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City. -5-
ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant's indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. (a)k Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ("ISO") form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.

Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. -6-
(e) Cyber Liability. Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
(f) Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) "follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy. (g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall, upon request of City, furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements herein.

5.2 General Insurance Requirements.

Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.

Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1 (c) both shall name City and its elected and appointed officers, employees, agents and designated volunteers (City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. (c) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties.

None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. (d) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self- insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims.
- 8-

5.3 Indemnification.

General Obligations. Consultant agrees, to the full extent permitted b aw, to immediately indemnify, defend and hold harmless City and its elected and appointer officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an "Indemnitor" and collectively, "Indemnitors") in connection with the performance of Consultant's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein"Claims or Liabilities"), and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Consultant will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.

Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively "City" for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Consultant under this Agreement any amount due -9-
to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under Section 5.3 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Consultant. (c) Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law (within the limitations, as applicable, of Civil Code section 2782.8), Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ("books and records") as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles (and, as applicable, maintained also in accordance with requirements of Labor Code section 1776), shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports. Consultant shall periodically submit written reports to City Representative concerning performance of services, upon request, and/or as necessary for City to be informed of both performance of services as well as any decisions which must be made by City.

6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ("documents and materials") prepared (regardless of whether complete or incomplete) by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials under express condition that Consultant agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting -10-
therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for City.

6.4 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain prior to such gain or production.

Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work pertormed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, Southern Division, in the County of Orange, State of California.
termination for cause. City reserves the right to terminate or suspend this Agreement, or any Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination -11-
or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any -12-
other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seg. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys' Fees. If either Party to this Agreement is required to initiate or defend include attorneys' fees on any appeal, and a Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, consultants' fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with -13-
the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to Director at City of Laguna Niguel, , Laguna Niguel, CA 92677, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either Party may change its address by notifying the other Party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement, headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing, approved by City and -14-
Consultant, and consistent with the Laguna Niguel Municipal Code.

Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee conduct as a resultant his Agreein. Violation otis se in salement it any reach p is Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this \greement, such Party is formally bound to the provisions of this Agreement, and (iv) entering nto this Agreement does not violate any provision of any other agreement to which said Partv i bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
-15-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
ATTEST:

Marissa J. Asistin, City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,
CALIFORNIA:

Scott C. Smith, City Attorney
CONSULTANT:
_ a
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-16-

EXHIBIT A

SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted , by City.

Il. Consultant will perform services, described in Consultant's Proposal and City's RFP (refer to Section 1.2 for conflicts), and as specified in more detail below.

III. Consultant will perform the following services:

IV. As part of the services, Consultant will prepare and deliver the following tangible work products to City:

V. During performance of the services, Consultant will keep City informed of the status of performance by delivering the following status reports:

VI. Consultant will utilize the following personnel to accomplish the services:

A(1)

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Agreement Template)

NOT APPLICABLE
B(1)

EXHIBIT C

SCHEDULE OF COMPENSATION
City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2.

II. The total compensation for the services shall not exceed the total of the Contract Sum, as provided in Section 2.1 of this Agreement.

III. Consultant will be compensated for services provided pursuant to this Agreement in accordance with description in Consultant's Proposal.

C(1)

EXHIBIT D

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule described in Consultant's Proposal and City's RFP (refer to Section 1.2 for conflicts)
D(1)

ATTACHMENT B - CITY OF LAGUNA NIGUEL'S RESIDENTIAL TRAFFIC

MANAGEMENT POLICY
City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study City of Laguna Niguel
27801 La Paz Road
Laguna Niguel, CA 92677

CITY OF LAGUNA NIGUEL

RESIDENTIAL TRAFFIC MANAGEMENT POLICY
Adopted By City Council on 7/13/1993
(Revised 6/3/97, 8/5/97, 1/28/98, 5/2/00, 8/1/00, 1/02/01, 6/5/01, 10/1/02, 11/1/05) Of all the traffic related issues that are addressed by the City, the most time consuming and controversial is the issue of residential traffic management.

The City has completed a review of past Traffic Commission actions and the actions of other cities and has determined that an incremental approach is the common method for dealing with these requests. Basically it involves evaluating the request and then trying enforcement and education as first steps. If these are not effective, then traffic controls are tried, followed by roadway features (with road bumps being the last resort for those residential streets that qualify).

This policy is designed to address concerns on residential streets. These streets have homes facing them and have a speed limit of 25 mph. Other streets, that do not have homes on them and generally lead out of a neighborhood, are not covered by this policy. However, some of the same traffic control and enforcement methods (except road bumps) can be applied to these types of streets.

The City's policy is as follows:

I. REQUESTS
A. Initial Response to a Single Complaint
If the complaint about speeding is from a single individual and there is no record of previous complaint in the past six months, then the matter will be directly referred to Police Services. The standard response will be to use the radar trailers as described below and to provide enforcement. A letter may be sent informing the resident of the action.

B. Group or Multiple Complaints
Group, multiple, or first time Homeowner's Association requests will be handled with a slightly more detailed process. The City will collect speed and volume counts to help determine trends or identify times when speeding may be occurring. This information will be referred to Police Services. Police Services will then use the radar trailers as described below and implement one of its speed enforcement programs. Letters may be sent to the requesting parties explaining what has been done and what conclusions were reached.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY Page 2
C. Follow-up Requests

1. Individual Follow-up Complaints
If an individual continues to request action, but there is no indication of concern by a group, the HOA or several residents, then the only additional steps will be the continued use of radar trailers and enforcement

2. Group Follow-up Complaint
If, after a minimum of 60 days, a group is unsatisfied with the measures used to address their initial concerns, then the group shall submit a letter either from the Board of Directors of the Homeowner's Association or a letter (see attached sample) signed by a majority of the residents on the street where the problem exists asking that the City pursue additional methods. These follow up requests need to be in writing so that the City clearly understands what is being requested and why. It also lets the City know that the majority of residents want additional action taken and that the steps the City might take in response to the request will be acceptable to the residents. In response to this request, the City will send out a letter explaining the policy, the actions that the City will be implementing and the incremental approach to residential traffic control.

D. Follow-up Steps and Procedures
There are several follow up steps that can be used to respond to group concerns. Each step will be implemented one at a time in the order listed below, unless the City determines that multiple steps are appropriate. Each additional step will require a follow-up request from the group. Each step will include the use of the radar trailers and enforcement. A minimum of 60 days shall pass between each step so that the effects of the previous step can be evaluated. The evaluation shall include a review of the enforcement efforts that have been applied. The Traffic Commission or City Council may request additional enforcement efforts prior to implementing the next step, if they believe that it is necessary to accurately judge the effectiveness of the previous steps and enforcement efforts. If the evaluation of a step indicates an improvement, then no additional steps will be implemented, unless they are deemed absolutely necessary for public safety.

The first follow up step will be the mailing of the residential speed information letter to the residents that are likely using the street. The letter will explain that a complaint has been received and that all drivers are part of the same neighborhood and that all drivers need to drive carefully and defensively in residential areas. The letter does not "point fingers" at individuals, but will explain some common facts about residential speed limits, stopping distance, etc. (see attached sample letter).

The next step will be the use of site visits with the residents. This can include, but is not limited to, having an officer meet with the concerned residents and letting them use a radar gun to observe vehicle speeds (preferably during the peak times) and/or having an officer speak to a habitually offending driver in person.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY Page 3
3) The next step will be the installation of appropriately spaced speed limit signs. 4) The next step will be the installation of"25" m.p.h. pavement legends adjacent to the speed limit signs.

The next step will be the installation of "radar enforced" signs either the "word" type or the experimental international warning sign.
6) The next step will be the installation of centerline and/or edgeline striping. This striping effectively narrows the roadway from a driver's perspective. Narrowing the roadway has been shown to reduce speeds. The amount of reduction will vary depending on the conditions.
7) If, after all the steps have been implemented and evaluated, there is no improvement in the conditions, then the City will consider the installation of road bumps for streets that qualify (see below).

If a road bump vote fails to obtain the minimum required number of votes, the City not install road bumps, but may consider other options, including additional/modified signing and striping and/or the installation of permanent radar units.

Il. DATA COLLECTION AND OBSERVATION
Data collection can occur at any point in the process, depending on the conditions and how much information is needed to respond to a concern. Staff will complete some or all of the items listed below, if the conditions on a particular street will be discussed at a Traffic Commission meeting.
•• Collect speed and volume counts
Review sight distance, curvature
• Identify any unusual conditions
• Identify bus stops and suggested routes to school
• Inventory existing signing and striping
Identify the "draw area" for the street (the residential area that is using the street) • Identify the general function of the street
• Complete confirmation counts as necessary
• Complete a license plate survey (if appropriate)
III. DISCUSSION OF FINDINGS
If the data collection identifies an unusual or unique condition, then the findings will be presented to the residents. This can be done in writing or with a discussion at Staff level or at a Traffic Commission meeting. Results will be compared to results from other streets in the City. Realistic options should be discussed at this point, as well as solutions that are clearly not reasonable, such as cul-de-sacing a street.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 4
A. Options the City has Determined to be Inappropriate
Turn Restrictions, Diverters and Cul de Sacing
Sometimes, in conjunction with requests, residents or groups ask that major steps be taken. These steps include, but are not limited to, installing turn restrictions, installing diverters to redirect traffic or cul-de-sacing the street. These steps are not part of the policy, because they result in dramatic changes to traffic patterns and affect large areas. Also, they often result in a "shift of the problem" and do not directly address the concerns. The previously described steps directly address the main concern of speeding and will be the basis for the City's response to requests/complaints about speeding.

Stop Signs as Speed Control Devices
Another common request is to install stop signs as a "speed breaker". Where stop signs are installed as nuisances or speed breakers, there is a high incidence of intentional violations. In those locations where vehicles do stop, the speed reduction is effective only in the immediate vicinity of the stop signs (100-200 feet) and frequently the speeds are actually higher between intersections as drivers try to make up for lost time. For these reasons, stop signs should not be used as speed control devices.

Children at Play Signs
An often requested item is the installation of "Children at Play" or other similar signs.

Parental concern for the safety of children in the streets near home and the misplaced, but widespread, public faith in traffic signs to provide protection often prompt these requests.

Although some other states have posted such signs widely in residential areas, no factual evidence has been presented to document their success in reducing pedestrian accidents, operating speeds or legal liability. Studies have shown that many types of signs attempting to warn drivers of normal conditions in residential areas have failed to achieve the desired safety benefits. If signs encourage parents and children to believe they have an added degree of protection, which the signs do not and cannot provide, a great disservice results.

Because of these serious considerations, California law does not recognize, and Federal Standards discourage, use of "Children at Play" signs. Specific warning signs for schools, public parks and other recreational facilities are available for use when clearly justified.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 5
Children should not be encouraged to play within the street or to enter into the street without due care. This sign has long been rejected, since it is a direct and open suggestion that this type of behavior is acceptable.
в. Use of Radar Trailers/Enforcement
Some of the most useful tools the City has in dealing with speeding in residential streets are the use of radar trailers and enforcement. The use of radar trailers is the most visible response to a request and is effective in informing drivers of speed limits In accordance with this policy the City has adopted general guidelines about the use of the trailers as follows:

The trailers shall be used at least once every 4 - 6 weeks on the streets that are a continuing source of concern to the residents. Staff will develop this list.

The list will include streets by schools, even if complaints by residents are not received for these streets.
2) When a request is made for a "new" street, that street shall have the trailers placed at least once every 4 - 6 weeks for the first three months following the request.

There are generally two levels of enforcement, routine and directed. In response to a typical complaint, Police Services will provide routine enforcement when time and manpower permits. This is particularly effective when used with the radar trailers.

Directed enforcement will be used primarily for follow up requests, but can be used at any time, if deemed appropriate.

It is the goal of the City to provide the best possible level of enforcement in residential areas, while still providing the highest level of service on a citywide basis.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 6
IV. ROAD BUMPS
Road Bumps will be used only as a last resort in dealing with neighborhood speeding problems and will only be considered once other measures have been tried and have failed to make a difference in an identified problem. The established criteria for road bumps are outlined below. Any street not meeting the requirements for road bumps will not have road

SPEED BUMP ROAD BUMP
A road bump is an artificially created, relatively gentle rise in the pavement of a local residential street. The above figure compares a road bump to a speed bump commonly found in parking lots. The purpose of road bumps is to lower speeds on local residential streets.

Recently, road bumps were installed on Weatherwood and Kensington Drive in Laguna Niguel, and they have reduced traffic speeds on these streets.

In July, 1993, the City Council approved the use of road bumps as a tool for potential use in appropriate situations. Road bumps may be installed only when it is desired to reduce speeds on local residential streets and when specific criteria can be met (please refer to the attached Procedures and Guidelines). Road bumps are certainly not the answer to all speeding problems, and they are not appropriate for all situations. Rather, they are another tool for managing speeds on residential streets. They have a number of disadvantages, including delay to emergency vehicles, potential diversion of traffic to other residential streets, increased noise, general inconvenience to the driving public and an unattractive appearance.

Road bumps are still experimental in the sense that no State or national guidelines have been issued for their use or design. Thus, there is considerable variation in road bump installations among various cities. If State or national guidelines were issued, Laguna Niguel's guidelines might need to be modified to conform. In the future, our guidelines may also need to be modified based on our own experiences.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 7
If you live on a local residential street in Laguna Niguel, and you believe that there is a speeding problem on your street, you may wish to request that the City review the situation. Before you make your request, please read the attached Procedures and Guidelines, especially the four (4) "Basic Criteria". These are four (4) of the many criteria which your street must meet before the City could consider installing road bumps, and they are things you may already know about your street. Item 1 under "Basic Criteria" requires that your street be a local residential street. This basically is any street where homes face the street and the speed limit is 25 mph. We suggest that you take the time to look at and drive over the bumps located on Weatherwood between Hidden Hills Road and Via Portola. You should be comfortable with the look and feel of road bumps, since one may eventually be placed in front of your own home. You should also have some idea of whether or not your neighbors would be comfortable with road bumps, possibly in front of their own homes, as two- thirds of them would eventually have to sign a petition supporting the possible installation of road bumps.

Although you may specifically request road bumps for your street, the City has a Residential Traffic Management Policy, which will be used to address all traffic/speed related concerns in residential areas. It generally uses an incremental approach in dealing with neighborhood traffic issues, with road bumps being the last option that will be considered.

Your written request should be sent to: City of Laguna Niguel, Public Works Department, 27791 La Paz Road, Laguna Niguel, CA 92677, Attn: David Rogers, City Traffic Engineer.

The request should include your name, address, and daytime telephone number. Please include a brief description of your concerns about speeding, and/or other issues, and the approximate limits of the area on your street that you are concerned about (e.g., "2400 block", or between "A" and "B" streets). You must live on the street, if you are requesting road bumps. Within about 4-6 weeks, you will be notified either (a) that your street does not qualify for road bumps and that other methods in the Residential Traffic Management Policy will be considered; or (b) that your street meets the initial guidelines and that you may be required to circulate a neighborhood petition in the future, if all other methods outlined in the Residential Traffic Management Policy have no significant impact.

Ultimately, if your request meets all the necessary criteria, and all other methods have not made a significant difference in an identified problem, public meetings will be held, and the final decision about whether or not to consider the installation of road bumps would be made by the City Council.

If you need more information, please contact Mr. David Rogers, City Traffic Engineer, at (949) 362-4377. Additional copies of these Procedures and Guidelines are available, as well as reports providing background information about the road bump program.

Exhibits: A -Bump Detail B- Cross Sections C- Bump Signage RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 8

PROCEDURES AND GUIDELINES FOR APPLICATION AND DESIGN

OF ROAD BUMPS IN LAGUNA NIGUEL
A. Administrative Procedures
A request for road bumps must originate from a resident of the street on which the bumps are desired. The request may also be forwarded through the neighborhood association representing that area.

After receipt of a written request, Staff will determine if the street meets the Basic Criteria listed in Section B, and, if data is readily available, Operational Criteria. A cursory determination will also be made of whether any of the other guidelines would preclude the installation of bumps. If the street does not meet these criteria, the City will inform the requestor in writing, and implement appropriate steps as outlined in the Residential Traffic Management Policy to address the concerns.

If the street does meet the criteria identified in A (2), the Residential Traffic Management Policy will still be implemented. If all other methods are implemented and the speeds and volumes still exceed the thresholds in this policy, then the requestor may submit a petition (forms provided by the City) which establishes the extent of neighborhood support (two-thirds, as explained in Section B) for the possible installation of road bumps.

After the City receives and verifies the petition, the City will gather traffic data in order to determine if the street meets the Operational Criteria listed in Section B. If the street does not meet the additional Operational Criteria, the City will so inform the requestor in writing, and advise Police Services to continue enforcement action indicated under the Residential Traffic Management Policy.

If the street meets all the criteria listed in Section B, Staff will conduct a more thorough evaluation, including:
a. Determining the logical length of the street segment where bumps might be installed and the number and location of potential road bumps on this segment will be determined.
b. Contacting the Orange County Fire Authority (OCFA) to request that they complete a review to determine the impacts (if any) on emergency response time.
c. Determining the extent of the area where traffic diversion might occur. The amount of traffic diversion from the eligible ("primary") street to other ("secondary" streets in this area will be estimated. Traffic speed and volume data on these secondary streets will be collected.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 9
d. t necessary, mitigation measures for the secondary streets will be proposed if road bumps are proposed as mitigation measures, the secondary street shall meet as many of the eligibility criteria listed in Section B as possible. e. Determining various potential voting areas for the road bump vote based on the criteria listed in Neighborhood Support Criteria. f. Once all the data is collected, Staff will prepare a report to the Traffic Commission and the Traffic Commission will make a recommendation to the City Council on a voting area and other related issues. The City Council will make the final determination on whether or not a vote should be conducted and all other parameters associated with the potential installation of road bumps.

7. If the required number of voters approve the installation of road bumps and the City Council approves the installation, then the project will be considered for funding in the next regularly scheduled Capital Improvement Program (CIP) screening process, which normally begins in February of each year. (At their sole discretion, the City Council may chose to fund the installation at the time it is approved by the voters and the City Council.)

8. The Traffic Commission will make funding recommendations for transportation related CIP projects. The final priority list will be forwarded to the City Council.

9. If approved during the screening process, the road bump project will be considered for inclusion in the final CIP, which the City Manager recommends to the City Council. In May of each year, the recommended CIP is transmitted to the City Council for consideration and approval. (Note that a road bump project may meet all criteria and guidelines, but could still fail to receive funding approval in the CIP.

However, the City Council will be aware of all road bump requests as part of the overall process.) Residents may choose to by-pass the City funding process by funding the installations themselves. The average cost is approximately $2,000 per bump. (However the required number of bumps is the City's decision. See Sa above).

10. Road bumps may be considered for removal under a similar procedure. (See Section E "Removal of Road Bumps")
B. Criteria for Determination of Eligible Street Segments A street segment (or street) is eligible for road bumps if all of the following criteria are met:

Basic Criteria
Neighborhood Support Criterion
Operational Criteria
RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 10
Basic Criteria
The street is a local residential street as defined by the City of Laguna Niguel General Plan, and the California Vehicle Code.

The prima facie or posted speed limit is 25 m.p.h. or less.

The street is not a designated truck or transit bus route or a primary or routine access route for emergency vehicles.

4. The street is ¼ mile or greater in length.

Neighbor Support Criterion
The requesting party shall submit a petition (on City supplied forms) in support of the installation with signatures from 67% of the residents of the street where the bumps are requested. Once the petition is received and verified, the City will perform additional analysis as deemed appropriate. If the City determines that the traffic conditions still meet the criteria established in this policy for the installation of road bumps, then the City will conduct a vote of the "affected residents" asking them to vote "yes" or "no" on the proposed road bump installation. "Affected residents" will include residents of the street and other residents in the area who use the street due to the circulation system and/or that would experience an increase in emergency response time. This process will involve looking at the system from an "average driver perspective"and would include residents that would likely use the street to access major arterials, shopping areas, schools etc.. The process will also involve a review of the OCFA findings regarding any potential increase in emergency response time. (The specific voting area and the determination of who is an "affected resident" will be reviewed and approved by the Traffic Commission and City Council.) The votes will be opened and tallied by the City Clerk's Office the next business day following the voting deadline. The results will be available the day of the vote count, barring any unforeseen circumstances. A minimum of 50% of the ballots shall be returned for the overall voting process to be considered valid. A minimum of 67% of the valid individual ballots must support the installation. This super majority is designed to insure that the general support expressed during the petition phase remains consistent and to provide long term stability on the issue. A simple majority vote could cause frequent "shifts" in support resulting in continuous "competing" petitions and requests for votes to install or keep or remove the bumps. If the voting results meet or exceed the 67% requirement and all other conditions are met, the City will begin the process to install the bumps in a time frame and manner as described in this policy. If the vote results fail to meet the criteria, the City will continue to maintain any traffic control methods/devices that had been completed/installed up to that date and may employ additional methods, if available and justified. Additional methods may include, but are not be limited to, additional/modified signing and striping and/or the installation of permanent radar units. Enforcement will continue to be used as time and manpower permits. A minimum of one year must pass from the date of the certification of the voting results before the City will accept another petition requesting a vote for road bumps on that same street or segment of street.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 11
Operational Criteria
All streets considered for road bumps shall conform to the definition of "Residence District" in the California Vehicle Code and shall qualify for a 25 m.p.h. speed limit and shall have a maximum of one lane in each direction. Streets shall be a minimum of ¼ mile in length. (Since drivers will accelerate over the first ½ of any street length, the 1/8 mile distance is the minimum distance for an average vehicle to reach and exceed the unacceptable speed of 32 + mph without the aid of severe grade.) Also the street shall not be a designated truck or transit route or a primary or routine access route for emergency vehicles. The grade of the street should not exceed a sustained grade of 6%. Exception for street grade, up to 8% may be allowed where the steeper grade prevails over a short distance not to exceed 200 feet.

Streets shall have a minimum of 1000 vehicles per day before bumps are considered. This volume of traffic is the minimum level at which the residential character of the street may be compromised. This is equivalent to the volume generated by 100 to 125 homes. Since there are generally no streets with 125 homes, this would indicate that the street is being used as a collector street by other residents. This may be by design or choice, but would still represent use by other than the residents on that particular street. This number also equates to approximately 120 vehicles during the peak hours (one every 30 seconds). This may make it difficult to back out of a driveway and do other things associated with residential streets.

It would also mean that every time you looked out your window or stepped outside during a peak hour, you would likely see a car drive by on the street.

A speed survey shall demonstrate that 60% of the vehicles are exceeding the 25 m.p. h. limit.

The 85th percentile speed shall also be consistently higher than 32 m.p.h. The finding of excessive speed should be made only after attempts at controlling speed using specialized enforcement or other means have proven ineffective.

The speed and volume criteria shall be meet at the same point (or points) on the street.

High volumes/low speeds at one end of a street and low volume/high speed at another point cannot be "combined" to meet the criteria.

C. Location of Road Bumps
Road bumps shall be spaced 250 - 400 feet apart. Bumps shall be installed at least 250 feet from a stop sign, jog, cul-de-sac or other discontinuity. The minimum distance from an intersection to a road bump (where the street with the bump is a through street with no stop signs) shall range from 50 - 200 feet depending on the type of intersection. A road bump shall not be installed within a sharp horizontal curve (generally a curve of less than 300 feet centerline radius) or within 100 feet of the beginning or end of such a curve. The first road bump at either end of a series shall be placed such that a warning sign can be installed in advance of the bump at a distance equal to at least the minimum safe stopping distance based on the existing 85th percentile speed. A road bump shall be visible to oncoming traffic for at least the minimum safe stopping distance based on the existing or expected 85th percentile speed. If street lights exist, bumps shall be installed as close as possible to provide maximum illumination. Bumps shall be placed a minimum of 5 feet from the edge of RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 12
driveways. Bumps shall not be placed over manholes, catch basins or other utility access points. Bumps shall not be located where it may cause substantial problems with drainage.

Bumps shall be installed only where a curb or other obstruction would prevent drivers from driving around the end of the bump.

D. Design of Road Bumps
The standard design uses 3" bumps with a 12' width. Due to various installation factors the final installed bump may vary in height from 3-3 ½ inches. Signs will be placed at the beginning of each group of bumps indicating "Bumps Ahead - 15 mph". Each bump will a minimum 4 fool clear path in the sidewalk, if the post is installed in the sidewalk.

E. Removal or Addition of Road Bumps
Road bumps are considered experimental roadway features. Therefore additions, alterations or removal of any or all of the road bumps may be undertaken by the City at any time without the consent of the residents.

In the event that the residents of the street desire that all the bumps be removed, they shall submit a petition, on a City supplied form, in support of the removal with signatures from a minimum of 67% of the residents on the street or streets where the bumps are installed.

Once the petition is received and verified, the City will hold a public hearing to determine whether or not to remove the bumps. If the City agrees with the request for removal, then the removal will be completed, when funding permits. The City may require that the residents fund the removal.

If residents request that one or more (but not all) bumps be removed, the requesting party shall submit a petition, on a City supplied form, in support of the removal with a minimum of 67% of the residents on the street where the bump(s) will be removed. Once the petition is received and verified, the City will hold a public hearing to determine if the remaining bumps will still meet the objectives established by the City when the bumps were first installed and to determine if the remaining bumps will still meet the criteria established in Subsection C "Location of Road Bumps." If the City agrees with the removal, the bump(s) will be removed, when funding permits. The City may request that the residents fund the removal.

If residents request that one or more bumps be added to a street that has road bumps installed, the requesting party shall submit a petition, on a City supplied form, in support of the installation with signatures from a minimum of 67% of the residents on the street where the bumps are proposed for installation.

RESIDENTIAL TRAFFIC MANAGEMENT POLICY PAGE 13
Once the petition is received and verified, the City will hold a public hearing to determine if the proposed additional bump(s) will meet the criteria established in Subsection C "Location of Road Bumps." Ifthe City determines that the bumps meet the necessary criteria and satisfies other factors as determined by the City, then a vote will be conducted as described in "Neighborhood Support Criteria" of this policy.

The following is a sample of the letter
that may be sent out as one of the
steps in this policy.

CITY of LAGUNA NIGUEL CITY COUNCIL
Joe Brown
Public Works/Engineering
27791 La Paz Road • Laguna Niguel, California 92677 Carhryn DeYoung Phone/949•362•4337 Fax/949•362•4385 Linda Lincholm
Mini Walters
Mike Whipple
Dear Resident:

Recently the City received a letter from _ in which they expressed their concerns about vehicles that are exceeding the 25 m.p.h. speed limit on - The City conducted a study and confirmed that there are some drivers who are driving faster than the speed limit on this street.

Due to the design of your community, it is clear that the majority of drivers using the street are residents of your area, who also live on residential streets. Most drivers who exceed the speed limit in residential neighborhoods have no intention of or idea that they are exceeding the speed limit of 25 m.p.h. At 25 m.p.h. you are traveling 36 feet per second, at 35 m.p.h. you are traveling 51 feet per second. Considering that the average reaction time can be as high as 2.5 seconds, you can see that the additional speed could cause you to travel an extra 40 feet before the brakes begin to take effect. IF A CHILD STEPS OUT IN FRONT OF YOU, THIS 40 FEET COULD MEAN THE DIFFERENCE BETWEEN LIFE AND DEATH.

Drivers that continue to drive at speeds in excess of 25 mph should also be aware that the fine for speeding can exceed several hundred dollars and that citations can result in higher car insurance premiums that can last for several years. The message that the City is trying to convey is that trying to save a small amount of time by exceeding the speed limit not only increases your likelihood of being involved in a collision, but may result in a large financial penalty as well.

Since driving is a personal privilege, we want all drivers to accept their responsibility to drive cautiously in all residential areas. Remember, _ is a residential street and not just the street that lead into and out of the neighborhood. If we would all just take a little extra time on our neighbors' streets, as well as our own, these concerns would be greatly diminished.

The City of Laguna Niguel hopes this information will increase your awareness of the need to obey the 25 m.p.h. speed limit in our residential areas. Please take the time to share this letter with all the drivers in your family, visitors, friends and any other drivers in your area, such as gardeners or delivery drivers and let them know that safety is an important issue in our community. For those drivers who continue to violate speed laws, the Sheriff's Department will be in this area on a regular basis making stops and issuing citations. Thank you for taking the time to read this letter and for your help in making our City a safer place.

Sincerely,
Chair, Traffic Commission
G:WP7ODATAITRAFFICITRAFFIC FORMSISPEED LETTER 09-2004.wpd The following two (2) pages contain
instructions and a sample signature
gathering form for residents who are
requesting additional steps beyond the
use of radar trailers and enforcement.

CITY of LAGUNA NIGUEL CITY COUNCIL
Public Works/Engineering Joc Brown
27791 Ln Paz Road • Laguna Niguel, California 92677 Cathryn DeYoung Phone/949•362•4337 Fax/949•362*4385 Linda Lindholm
Mimi Waiters
Mike Whipple
To: Individual/Group Requesting Additional Residential Traffic Management Steps Subject: Information on Requirements
Before the City will consider implementing steps beyond the use of the radar trailers and enforcement to address concerns about traffic speeds and/or volumes on residential streets the following requirements shall be met:
1) The residents of the street need to indicate that they want the City to take additional action. The request can come from the Board of Directors of the Homeowner's Association or directly from a group of residents on the street.

If the residents want to submit the request directly, they should gather signatures on the attached form (or you may use your own). The form should be signed by at least 50% of the residents (households) on the street. 2) Only one signature per household is required. The person signing must be an adult who has a financial interest in the residence, such as the owner or occupant.
3) Signatures must be collected within a 30-day time period to insure that the opinions are current when the City evaluates the request.

FAPUBWRKSIWPODATAIFORMSISTEPIREQUEST
Rev. 07/00
We, the below signed residents request that the City take additional steps, as outlined in the Residential Traffic Management Policy, to address our concerns about traffic speeds and/or volumes on - between and •. We understand the following:
1) Signing and striping may be installed, which may result in signing and/or striping being placed in front of my home; This request is not being circulated by the City, but will be submitted to the City to gauge support for additional steps; Submission of this request does not guarantee that additional steps will be recommended or implemented.

Print Name Address Date
Signature Owner or Occupant?
(Street #/Name)
Request Circulator:

Print Name Signature Date
Page of
The following two (2) pages contain
instructions and a sample signature
gathering form for residents who are
requesting the installation of road
bumps as part of the final step of this
policy.

This petition shall only be circulated
AFTER all the other steps outlined in
this policy have been implemented
and only AFTER the City has
determined that the street meets the
minimum requirements for the
possible installation of road bumps.

CITY OF LAGUNA NIGUEL CITY COUNCIL
Public Works/ Engineering Joe Brown
27791 La Paz Road • Laguna Niguel, California 92677 Cathryn DeYoung Phone/949•362-4300 Fax/949•362-4385 Mark J. Goodman
Linda Lindholm
Mimi Waiters
To: Road Bump Petition Circulator
Subject: Information on Road Bump Petition
This petition shall only be circulated AFTER all the other steps outlined in this policy have been implemented and evaluated and only AFTER the City has determined that the street meets the minimum requirements for the possible installation of road bumps. 1) Each petition page must be numbered.

Each page must be signed and dated by the petition circulator. 3) If you know or suspect a house is vacant, please list the address and write "vacant" in the signature box.
4) 67% of the residents (households) on the street where the bumps are being considered for installation must sign the petition in order for the City to complete the next phase of the process.
5) If there is no signature for a particular address it will be assumed to be a "no".

Only one signature per household is required. The person signing must be an adult who has a financial interest in the residence, such as the owner or occupant.
7) Signatures must be collected within a 30-day time period to insure that the opinions are current when the City evaluates the petition.

F:PUBWRKSIWPODATAIFORMS BUMPPET2.DR.upd
RM Rev. 07/00
This petition shall only be circulated AFTER all the other steps outlined in this policy have been implemented and evaluated and only AFTER the City has determined that the street meets the minimum qualifications for the possible installation of road bumps.

We, the below signed residents support the installation of road bumps on. between and . We understand the following:
1) The road bumps are 12 feet wide and 3 inches high and will be spaced approximately 250 - 400 feet apart (every 5-8 houses); 2) Signing and striping will be installed on or adjacent to the bumps, which may result in signing and/or striping being placed in front of my home;
3) The purpose of the bumps is to reduce average speeds of vehicles using the street to approximately 25 - 30 m.p.h.; 4) The bumps may increase emergency vehicle response time; 5) This petition is not being circulated by the City, but will be submitted to the City to gauge support; 6) 67% of the residents (households) on the street where the bumps are being considered for installation must sign the petition in order for the City to complete the next phase of the process. 7) Submission of the petition does not guarantee that the bumps will be installed; and 8) If all conditions/criteria are met the City will conduct a final vote on this matter.

Address
Print Name Signature Date Owner or Occupant?
(Street #/Name)
Petition Circulator: .

Print Name Signature Date
Page of
The following is a sample of the letter
that the City will mail to all the
affected residents, once the City
determines that a final vote on the
installation of road bumps is
appropriate.

The vote will be by secret ballot so
that no one will be able to determine
how a particular household voted.

Only totals of "yes" and "no" votes
will be tabulated.

March 21, 2002
SUBJECT: ROAD BUMP VOTE FOR KENSINGTON
Dear Property Owner:

At the request of residents on Kensington Drive, the City has recently reviewed traffic conditions on Kensington between Niguel Road and Highlands Avenue in accordance with adopted City policies. After evaluating and exhausting all other options, the City has determined that road bumps may be appropriate to address the concerns of the residents on Kensington.

To determine if road bumps should be installed, the City is conducting a vote of the affected property owners. In this case, property owners on Kensington, all the cul-de-sac streets off Kensington and on a portion of Troon are included in the vote. The property owners from streets other than Kensington are included because they use Kensington as a primary access route and/or would experience an increase in emergency response time to their properties. (The enclosed map shows the voting area for this road bump vote.) The enclosed diagrams show the number and approximate location of the proposed bumps on Kensington and what a typical bump" and related signage looks like. Please take the time to carefully review the diagrams and drive Kensington. If you would like to drive over bumps that would be similar to the ones being proposed for Kensington, you can go to Weatherwood north of Hidden Hills Road just west of Golden Lantern. If road bumps are approved for installation by the property owners and the City, the existing centerline striping and reflective pavement markers would be removed prior to the bumps being installed.

Since 67% of those responding must support the installation, your vote (yes or no) is important. The results will be tabulated and presented to the Traffic Commission on April 24 and to the City Council at their regularly scheduled May 7, 2002 meeting. Thank you for your assistance in this matter. If you have any traffic related questions, please contact David Rogers, City Traffic Engineer at (949) 362-4377. If you have any questions about the ballot or the voting process or if you lost or did not receive any portion of the ballot package, please contact Juanita Zarilla, City Clerk at (949) March 21, 2002

OFFICIAL CITY BALLOT

FOR KENSINGTON ROAD BUMP VOTE
INSTRUCTIONS FOR COMPLETING THIS BALLOT:

This ballot shall be completed only by the property owners). In order for the ballot to be counted, you must do the following:
1) Indicate whether or not you support the installation by checking the appropriate box below (one vote per household/address).
2) Place this completed one (1) page ballot in the City supplied/self addressed/stamped envelope and seal the envelope.
3) On the back of the City supplied return envelope fill out the label in its entirety--all four lines: 1) property address; 2) printed name; 3) signature; and 4) date. 4) Mail or hand deliver the City supplied envelope to City Hall, as soon as possible.

BALLOTS MUST BE RECEIVED BY THE CITY CLERK'S OFFICE BY
WEDNESDAY APRIL 10. 2002 NO LATER THAN 5:00 P.M.

When a ballot is received, the City will verify the information on the label by comparing it to our property owner records. Once the information is verified, the ballot will be separated from the avelope. This is designed to provide a secret ballot process, while still allowing the City to verif e document. The City will not keep any record of how a particular property owner voted. The Cit will only record whether or not a ballot was received from a particular property.

I support the installation of road bumps on Kensington.

I do not support the installation of road bumps on Kensington.

OFFICIAL CITY BALLOT FOR KENSINGTON

ROAD BUMP VOTE
What to Expect If Road Bumps are Installed
Based on the City's experience with the road bumps on Weatherwood, we can expect the following if road bumps are installed on Kensington between Niguel and Highlands:

General
1) A significant reduction in the number of vehicles exceeding the 25 m.p.h. speed limit. 2) A moderate reduction in the average speed and the 85 percentile speed. 3) A minimal reduction in traffic volumes. The City believes that the lack of reasonable alternate routes and the fact that most of the traffic is generated locally, will result in little to no change in traffic volumes.
4) Road bumps will result in an increase in emergency response time for some residents. The Orange County Fire Authority, which is responsible for providing fire suppression and emergency medical response in Laguna Niguel, indicates that each road bump will increase response time by approximately 10 seconds. In the case of Kensington with nine (9) proposed road bumps and access from two directions, it appears that the increase in response time would range from 10-90 seconds depending on the location of the property and the route taken by the OCFA.
5) Not all vehicles and drivers are equally affected by road bumps. Although the bumps will significantly improve overall conditions, some drivers will still travel faster than 25 m.p.h. It is also likely that some drivers will drive closer to the curb in an attempt to minimize the affect of the road bumps.

Signing and Striping
1) Each bump will have striping on the bump and will have the word "BUMP" painted on the street in advance of the bump in both directions (see attached Exhibit A). 2) There will be two signs and a post installed at the beginning of each end of Kensington. The signs will be yellow with black letters and will read "Bumps Ahead" and there will be an advisory speed of "15 m.p.h."(see attached Exhibit C).
3) The existing centerline striping and reflective markers will be removed prior to the installation of the road bumps.
4) The existing speed limit signs and painted "25" legends will remain.

PROPERTY LINE
A

CURB, GUTTER & SIDEWALK
50°
EDGE OF PAVEMENT OR GUTTER LIP —

TWO-WAY YELLOW
• WHITE PAVEMENT MARKING REFLECTIVE, PAVEMENT MARKERS
3'- 5' =T2..

CURB,GUTTER & SIDEWALK
DIMENSIONS WILL VARY FOR DIFFERENT WIOTHB. PROPERTY LINE PLAN
ROAD BUMP DETAIL •

NOT TO SCALE

EXHIBIT A
- PROPERTY LINE PROPERTY LINE
- CONCRETE SIDEWALK

CUAB & GUTTER
12" TAPER ASPHALT CONCRETE 12l" TAPER
- TACK COAT

EXISTING ASPHALT CONCRETE PAVEMENT

SECTION A-A

NOT TO SCALE
Note: Due to various installation factors, the final installed bump may vary in height from 3-3½ inches.
- 0.48 (ost) E -0.92° (1.07°) - 13Г (1.53") -1.67 (1.95") 1.98° (2.31") - 225 (2.63") 2.48 (2.89") 2.6T(3.12") - - 2.8Г (3.28") - 2.92° (3.41") - 2.98 (3.48") - 3.00 (3.50' ASPHALT CONCRETE - 0.00* FINAL
FIRST

TACK COAT

EXISTING ASPHALT CONCRETE PAVEMENT
12'
Example - 3.00" (3.50")
minimum (maximum)

EXHIBIT B SECTION B-B

NOT TO SCALE

BUMPS BUMPS

AHEAD AHEAD
Q "OVERLAP Q "OVERLAP
15 15
W6 24° 24°

MPH &' BLACK LETTERS ON YELLOW BACKGROUND MPH
* Signs will be installed in
this order of preference:
1) on existing posts or poles
2) behind the sidewalk
3) in the sidewalk
2° POST- -
2"POST-- 6! - 7 36 - 7'
BACK OF CUAB & GUTTER —

CONCRETE SIDEWALK
0"- 12"'
12" A'MIN

CURB, GUTTER
To BACK
CONCRETE - 24°
24°

CONCRETE SIDEWALK

CONCRETE -I-

DIAMETER

EXHIBIT C

TYPICAL WARNING SIGN INSTALLATION TO POSAL WARNING SIGN INSTALLATION

NOT TO SCALE

ATTACHMENT E - CERTIFICATION STATEMENT
City of Laguna Niguel, CA - RFP - Niguel Hills Neighborhood Traffic Study

CERTIFICATION STATEMENT (SUBMIT WITH PROPOSAL)
This certification statement is provided in response to the City of Laguna Niguel's RFP titled:

Niguel Hills Neighborhood Traffic Study
All proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Consultant to both its proposal and cost schedule.

1. Proposal may be released in total as public information in accordance with the requirements of the laws covering the same. Any proprietary information has been clearly marked.

2. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date or any revised proposal submission date, whichever is later, and will become part of the contract that is negotiated with the City.

3. The Consultant has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise.

4. The Consultant certifies that this proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.

5. The Consultant has not had any communication with a City Councilmember in relation to their proposal. If so, Consultant will provide a copy of such communication for the public record.

6. The Consultant has never been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.

Consultant's Signature Date
Print Name Title
Consultant's Federal Taxpayer Identification Number:

ATTACHMENT E
Professional Services Agreement with
RK Engineering Group, Inc.

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
RK Engineering Group, Inc.

THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into
LAGUNA NIGUEL, municipal
RK Engineering Group, Inc.
"Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties." In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby ARTICLE 1. SERVICES OF CONSULTANT
Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

Consultant's Proposal and City's RFP. Consultant's proposal or bid for this Agreement ("Consultant's Proposal"), dated August 30, 2023 incorporated herein by this reference as though fully set forth herein. City circulated a Request for Proposals for the services provided for herein on July 7, 2023 • City's Request for Proposals ("City's RFP"), which was responded to by Consultant's Proposal, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included both in Consultant's Proposal as well as in City's RFP. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal (for scope of services or work, or schedule of performance), and the terms of City's RFP (for scope of services or work, or schedule of performance), the Consultant's Proposal shall govern, unless this Agreement provides otherwise. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant's Proposal, other than description of scope of services or work, as well as description of schedule of performance, shall apply to this Agreement, unless specifically agreed to by City in writing.

City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, -1-
successors and assigns shall not be liable at law or in equity for failure of Consultant to comply with this Section.

Additional Services and Compensation. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Laguna Niguel Municipal Code, is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants.

1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Seventy-Five Thousand Sixty-Five Dollars ($_75,065.00) ("Compensation Sum"), unless additional compensation is approved pursuant to Section 1.5. This Agreement includes a contingency amount equal to percent of the Compensation Sum ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed Eighty-Two Thousand Five Hundred Severnty-Two Dollars ($82,572.00) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5. The Consultant shall obtain written approval from the City for any use of the Contingency Sum.

2.2 Invoices. Unless some other method of payment is specified in Exhibit B, Special Requirements, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice -3-
is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D and incorporated herein by this reference.

ARTICLE 4. COORDINATION OF WORK
Consultant Representative. Consultant Representative is Rogier Goedecke, President, 949-474-0809, [email protected] → who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be -4-
replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant's exclusive control and direction.

Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City. -5-
ARTICLE 5. INSURANCE AND INDEMNIFICATION

Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ("ISO") form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basıs covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. -6-
(e) Cyber Liability. Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
(f) Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) "follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy.

Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall, upon request of City, furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements herein.

5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: I) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days -7-
prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(c) Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1(c) both shall name City and its elected and appointed officers, employees, agents and designated volunteers ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties.

None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. (e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self- insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self-insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as | respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims. -8-

5.3 Indemnification.

General Obligations. Consultant agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an "Indemnitor" and collectively, "Indemnitors") in connection with the performance of Consultant's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein"Claims or Liabilities"), and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Consultant will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.

Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law (within the limitations, as applicable, of Civil Code section 2782.8), Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (books and records") as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles (and, as applicable, maintained also in accordance with requirements of Labor Code section 1776), shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

District Court, venue shall lie exclusively in the Central District of California, Southern Division, in the County of Orange, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days' notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination -11-
or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (1O) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys' Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and a Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, consultants' fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Emplovees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to Public Works Director at City of Laguna Niguel, _ 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either Party may change its address by notifying the other Party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration: Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
ATTEST:

Marissa J. Asistin, City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,
CALIFORNIA:

Scott C. Smith, City Attorney
CONSULTANT:

RK Engineering Group, Inc., a_ California Corporation
By:

Name:

Title:

By:_
Name:

Title:

Address:_

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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EXHIBIT A

SCOPE OF SERVICES
All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

II. Consultant will perform services described in Consultant's Proposal.

A(1)

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Agreement Template)

NOT APPLICABLE
B(1)

EXHIBIT C

SCHEDULE OF COMPENSATION
I. City: will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2.

II. As protaled in Section 2.1 theis greshall not exceed the total of the Contract Sum.

III. Consultant will be compensated for services provided pursuant to this Agreement in accordance with description in Consultant's Proposal.

C(1)

EXHIBIT D

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule described in Consultant's Proposal.

D(1)

Laguna Niguel City CouncilSeptember 19, 2023

Laguna Niguel City Council
September 19, 2023