Laguna Woods City Council
January 18, 2023

CITY of LAGUNA WOODS

CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, January 18, 2023
2:00 p.m.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
Noel Hatch
Mayor Pro Tem
Shari L. Horne
Councilmember
Cynthia Conners
Mayor
Annie McCary
Councilmember
Carol Moore
Councilmember
Welcome to a meeting of the Laguna Woods City Council!
This meeting may be recorded, televised, and made publicly available.

Public Comments: Persons wishing to address the City Council are requested to complete and submit a speaker card to City staff. Speaker cards are available near the entrance to the meeting location. Persons wishing to address the City Council on an item appearing on this agenda will be called upon at the appropriate time during the item’s consideration.

Persons wishing to address the City Council on an item not appearing on the agenda will be called upon during the “Public Comments” item. Persons who do not wish to submit a Speaker Card, or who wish to remain anonymous, may indicate their desire to speak from the floor. Speakers are requested, but not required, to identify themselves.

Americans with Disabilities Act (ADA): It is the intention of the City to comply with the ADA. If you need assistance to participate in this meeting, please contact either the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535 or the California Relay Service at (800) 735-2929/TTY (800) 735-2922. The City requests at least two business days’ notice in order to effectively facilitate the provision of reasonable accommodations.

REGULAR MEETING SCHEDULE
The Laguna Woods City Council meets regularly on the third Wednesday of each month at 2 p.m.

AGENDA POSTING AND AVAILABILITY
Regular and Adjourned Regular Meetings: Pursuant to California Government Code Section 54954.2 of the Ralph M. Brown Act, the City of Laguna Woods posts agendas at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California 92637; on the City’s website (www.cityoflagunawoods.org); and, at other locations designated by Resolution No. 17-30, at least 72 hours in advance of regular and adjourned regular meetings. Agendas and agenda materials are available at Laguna Woods City Hall during normal business hours and on the City’s website. Printed copies of agendas and agenda materials are provided at no charge in advance of meetings. After meetings have occurred, a per page fee is charged for printed copies.

Special and Emergency Meetings: Agenda posting and availability for special and emergency meetings is conducted pursuant to all applicable provisions of California Government Code (Ralph M. Brown Act).

AGENDA DISTRIBUTION LISTS
Electronic Distribution: The City of Laguna Woods provides notification of agenda posting and availability via email. To register to receive email notifications, please visit www.cityoflagunawoods.org/email-notifications, email [email protected], or contact the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535. Please note that the City is not responsible for, and makes no guaranties or warranties related to, the transmission or receipt of email notifications.

Mail Distribution: The City of Laguna Woods is able to mail agendas and/or agenda materials if provided with advance payment for postage and printing (if applicable). To request mail distribution, please email [email protected] or contact the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535.

FOR ADDITIONAL INFORMATION
For additional information, please contact the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535, [email protected], or 24264 El Toro Road, Laguna Woods, California 92637.

AFFIDAVIT OF POSTING

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, Yolie Trippy, City Clerk, City of Laguna Woods, hereby certify under penalty of perjury that this agenda was posted at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California 92637; on the City’s website (www.cityoflagunawoods.org); and, at other locations designated by Resolution No. 17-30, pursuant to California Government Code Section 54954.2 of the Ralph M. Brown Act. /s/ Yolie Trippy 1/13/23
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda  01/18/2023 Regular Page 3 of 9 NOVEL CORONAVIRUS (COVID-19) NOTICE
Please exercise caution when attending City Council meetings. If you attend this meeting, please abide by all applicable state and local public health orders.

OPTIONS FOR PUBLIC COMMENTS

1. Attend the meeting in-person.

2. Submit public comments in writing. Written public comments may be submitted via email ([email protected]) or by mail (Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637), provided that they are received by the City prior to 2:00 p.m. on the day of the meeting.

Written public comments may be read or summarized to the City Council at the meeting, and parties submitting comments should be aware that their email addresses and any information submitted may be disclosed or become a matter of public record. No party should expect privacy of such information.

3. Make public comments by telephone. Dial (669) 444-9171. When prompted enter the following meeting ID: 895 6806 6250 followed by pound (#) and the following meeting passcode: 588448 followed by pound (#). When an item you wish to comment on is discussed, press *9 on your telephone to raise your hand. When it is your turn, you will be unmuted and able to speak.

Please note that your telephone number will be visible to the City. No party should expect privacy of such information.

4. Make public comments by computer.
• Visit www.zoom.us
• Click on “Join a Meeting” toward the top right of the webpage • Enter the following meeting ID: 895 6806 6250
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 588448
• Enter a name and email address as required by Zoom
When an item you wish to comment on is discussed, click on “Raise Hand.” When it is your turn, you will be unmuted and able to speak. Please note that information you enter into Zoom will be visible to the City. No party should expect privacy of such information.

I. CALL TO ORDER
Introductory Note: Members of the public wishing to address the City Council on items appearing on this agenda are advised to indicate their interest in doing so at the time an item is considered by notifying City staff if present in-person, pressing *9 on their telephone if participating by telephone, or clicking on “Raise Hand” if participating by computer via Zoom. Members of the public wishing to address the City Council on items not appearing on this agenda may do so during Item V.

II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS AND CEREMONIAL MATTERS

4.1 Donald R. Forden – Assemblywoman Cottie Petrie-Norris’ 2022 Laguna Woods Veteran of the Year
(agendized by Mayor Conners)
Recommendation: Approve and present the commendation.

4.2 City Hall/Public Library Project Update
Recommendation: Receive and file
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. To indicate interest, please notify City staff if present in-person, press *9 on your telephone if participating by telephone, or click on “Raise Hand” if participating by computer via Zoom. Pursuant to state law, the City Council is unable to take action on such items, but may engage in brief discussion, provide direction to City staff, or schedule items for consideration at future meetings.

VI. CONSENT CALENDAR
About the Consent Calendar: All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, City staff, or member of the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.

6.1 City Council Minutes
Recommendation: Approve the City Council meeting minutes for Laguna Woods City Council Agenda  01/18/2023 Regular Page 5 of 9 the special meeting on September 15, 2022, the regular meeting on November 16, 2022, the special meeting on December 12, 2022, and the regular meeting on December 21, 2022.

6.2 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of December 2022.

6.3 Warrant Register
Recommendation: Approve the warrant register dated January 18, 2023 in the amount of $967,602.94.

6.4 Teleconferencing for Meetings
Recommendation: Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, ALLOWING FOR

THE CONTINUED USE OF TELECONFERENCING FOR
MEETINGS DURING THE COVID-19 STATE OF

EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)

6.5 Newport Bay Watershed Total Maximum Daily Load Programs Recommendation: Approve a cooperative agreement with the County of Orange, the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District, and the Irvine Company to fund total maximum daily load programs and related activities in the Newport Bay Watershed (Agreement No. MA-080-23010376) and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

6.6 Pavement Management Plan Project (Northbound Moulton

Parkway between Calle Cortez and Via Campo Verde)
Recommendation:

1. Approve final record plans and specifications reflecting completion of the “Pavement Management Plan Project
(Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)” as prepared by the project engineer.

AND

2. Accept project completion of the contract agreement with Hardy & Harper, Inc. for the “Pavement Management Plan
Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)”.

AND

3. Release contract retention in the amount of $12,178.23 withheld per California Government Code 35 days following recordation of the Notice of Completion with the County of Orange, provided no Stop Notices are on file with the City preventing the release of the contract retention.

AND

4. Exonerate project posted bonds 35 days following recordation of the Notice of Completion with the County of Orange.

VII. PUBLIC HEARINGS
VIII. CITY COUNCIL BUSINESS

8.1 Laguna Woods Civic Support Fund
(agendized by Mayor Pro Tem Hatch)
Recommendation:

1. Discuss the future structure and role of the Laguna Woods Laguna Woods City Council Agenda  01/18/2023 Regular Page 7 of 9 Civic Support Fund.

AND

2. Recognizing the Laguna Woods Civic Support Fund’s success, maturity as an organization, and ability to function independent of the City, direct the Mayor to provide written notice of the City’s termination of its formal involvement as contemplated in Section 5.5 of the Laguna Woods Civic Support Fund’s Bylaws.

AND

3. Approve a contribution of $5,000 to the newly independent Laguna Woods Civic Support Fund to support future activities.

AND

4. Appoint Councilmember Moore to serve as a liaison to the Laguna Woods Civic Support Fund to foster communication between the City and Laguna Woods Civic Support Fund
related to their shared interest in supporting the City and Laguna Woods Branch of OC Public Libraries, from January 18, 2023 through December 31, 2024

8.2 Cannabis Retail Sales Business Regulations
(agendized by Councilmember Horne)
Recommendation:

1. Direct the City Manager to draft an ordinance for future consideration by the City Council that would – if adopted by the City Council at a future meeting – authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products.

AND

2. Direct the City Manager to draft a resolution for future consideration by the City Council that would – if approved by

the City Council at a future meeting – set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.

IX. CITY COUNCIL REPORTS AND COMMENTS
About City Council Reports and Comments: This is the time and place for members of the City Council to provide reports on meetings attended including, but not limited to, meetings of regional boards and entities to which they have been appointed to represent the City and meetings attended at the expense of the City pursuant to California Government Code Section 53232.3. Members of the City Council may also make other comments and announcements.

9.1 Coastal Greenbelt Authority
Councilmember McCary, First Alternate: Councilmember Moore, Second Alternate: Councilmember Horne

9.2 Orange County Fire Authority
Mayor Pro Tem Hatch

9.3 Orange County Library Advisory Board
Councilmember Moore; Alternate: Councilmember McCary

9.4 Orange County Mosquito and Vector Control District
Councilmember Horne

9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Conners; Alternate: Mayor Pro Tem Hatch

9.6 South Orange County Watershed Management Area
Councilmember Moore; Alternate: Councilmember Horne

9.7 Liaisons to Community Bridge Builders
Councilmember Horne and Councilmember McCary

9.8 Other Comments and Reports
X. CLOSED SESSION
Laguna Woods City Council Agenda  01/18/2023 Regular Page 9 of 9 XI. CLOSED SESSION REPORT
XII. ADJOURNMENT
Next Regular Meeting: Wednesday, February 15, 2023 at 2 p.m.

Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
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4.1 DONALD R. FORDEN – ASSEMBLYWOMAN
COTTIE PETRIE-NORRIS’ 2022 LAGUNA

WOODS VETERAN OF THE YEAR
(AGENDIZED BY MAYOR CONNERS)
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ITEM 4.1
Commendation
Donald R. Forden
Assemblywoman Cottie Petrie-Norris’ 2022
Laguna Woods Veteran of the Year
WHEREAS, Chaplain (Colonel) Donald R. Forden joined the Army as a Chaplain in 1968, with a degree in Pastoral Counseling, beginning a military career that would span five decades, alternating periods of Active Duty with Active Reserve; and

WHEREAS, during Chaplain Forden’s Active Duty periods, he served as hospital Chaplain at Ft.

Lewis, Washington, Ft. Sam Houston, Texas, Ft. Leavenworth, Kansas, and at evacuation hospitals in Desert Shield/Desert Storm, Operation Iraq Freedom, and Iraq Enduring Freedom, and he provided chaplain services to servicemembers in Germany and in the United States; and

WHEREAS, during Chaplain Forden’s Active Reserve periods, in addition to exercises and training and staff organizational meetings, he worked as a counselor in private practice and in public schools, and as clinical supervisor and faculty at Point Loma Nazarene University and Azusa Pacific University, and at the VA as a Hospice and Palliative Care Chaplain, all while earning Masters and Doctoral degrees in Education, Counseling, and Ministry; and WHEREAS, following Chaplain Forden’s retirement from the Army in 2004, he continued to volunteer as a VA hospital Chaplain, and continues to perform monthly memorial services at Riverside National Cemetery for unclaimed veterans; and WHEREAS, being a licensed barber who worked his way through college giving haircuts, Chaplain Forden continues to provide free haircuts to veterans, at the VA hospital and wherever else he finds them, always listening with a professional ear; and
WHEREAS, Assemblymember Cottie Petrie-Norris honored Donald R. Forden as the 2022 Laguna Woods Veteran of the Year in recognition of his service to our nation.

NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby commend Donald R. Forden on being selected as Assemblywoman Cottie Petrie-Norris’ 2022 Laguna Woods Veteran of the Year and extends its sincere gratitude to Chaplain Forden for his lifetime of service.

Dated this 18th day of January, 2023
______________________________ _______________________________ Cynthia Conners Attest: Yolie Trippy, CMC
Mayor City Clerk
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4.2 CITY HALL/PUBLIC LIBRARY UPDATE
(NO REPORT)
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6.0 CONSENT CALENDAR SUMMARY
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ITEM 6.0
CC  01-18-2023 RM Consent Calendar Summary – AR Page 1 of 3 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: January 18, 2023 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the January 18, 2023 Consent Calendar by single motion and City Council action.

Background
All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, staff, or the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.

Summary
The January 18, 2023 Consent Calendar contains the following items:

6.1 Approval of the City Council meeting minutes for the special meeting on September 15, 2022 (Attachment A), the regular meeting on November 16, 2022 (Attachment B), the special meeting on December 12, 2022 (Attachment C), and the regular meeting on December 21, 2022 (Attachment D).

6.2 Approval of a motion to receive and file the City Treasurer’s Report for the month of December 2022.

ITEM 6.0
Consent Calendar Summary – AR Page 2 of 3 CC  01-18-2023 RM

6.3 Approval of the warrant register dated January 18, 2023 in the amount of $967,602.94. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.

6.4 Adoption of a resolution allowing for the continued use of teleconferencing for meetings during the COVID-19 State of Emergency, pursuant to California Assembly Bill 361 (2021-2022). The proposed resolution includes the findings required by California Government Code Section 54953(e)(3) for meetings to continue to be held via teleconferencing.

6.5 Approval of a cooperative agreement with the County of Orange, the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District, and the Irvine Company to fund total maximum daily load programs and related activities in the Newport Bay Watershed (Agreement No. MA-080-23010376) and authorization for the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

The proposed agreement is a successor to various agreements that the City has participated in since 2003 to facilitate compliance with watershedrelated regulatory orders adopted by the Santa Ana Regional Water Quality Control Board as part of National Pollutant Discharge Elimination System (“NPDES”) stormwater requirements.

6.6 [1] Approval of final record plans and specifications reflecting completion of the “Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)” as prepared by the project engineer (available for review at City Hall).

AND
[2] Acceptance of project completion of the contract agreement with Hardy & Harper, Inc. for the “Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)”.

AND
[3] Release of contract retention in the amount of $12,178.23 withheld per California Government Code 35 days following recordation of the Notice of ITEM 6.0
CC  01-18-2023 RM Consent Calendar Summary – AR Page 3 of 3 Completion with the County of Orange, provided no Stop Notices are on file with the City preventing the release of the contract retention.

AND
[4] Exoneration of project posted bonds 35 days following recordation of the Notice of Completion with the County of Orange.

The “Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)” is included in the Fiscal Years 2021-32 Capital Improvement Program.

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6.1 CITY COUNCIL MINUTES
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ITEM 6.1 – Attachment A
September 15, 2022 1 City Council Special Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

SPECIAL MEETING
September 15, 2022
1:00 P.M.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637

I. CALL TO ORDER
Mayor Moore called the Special Meeting of the City Council of the City of Laguna Woods to order at 1:08 p.m.

II. ROLL CALL
COUNCILMEMBER: PRESENT: Hatch, Horne, Tao, Moore
ABSENT: Conners
Councilmember Hatch participated via teleconference.

All other councilmembers participated in-person at the meeting location.

STAFF PRESENT: City Manager Macon, City Attorney Patterson, City Clerk Trippy All staff participated in-person at the meeting location.

III. PLEDGE OF ALLEGIANCE
Don Caskey, member of the Laguna Hills City Council, led the pledge of allegiance.

IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Don Caskey, member of the Laguna Hills City Council, introduced himself and made comments regarding opportunities for collaboration between the cities of Laguna Hills and Laguna Woods, as well as Laguna Hills Heritage Day. Mr. Caskey responded to questions and comments from councilmembers on topics including the Urban Village Project, Laguna Hills Heritage Day, a potential golf cart crossing between Laguna Woods and Laguna Hills, and collaboration.

Mayor Pro Tem Conners joined the meeting in-person at 1:15 p.m. during Mr. Caskey’s comments.

V. CONSENT CALENDAR
Mayor Moore expressed concern regarding sound quality in the Council Chambers.

ITEM 6.1 – Attachment A
September 15, 2022 2 City Council Special Meeting Minutes City Manager Macon briefly responded to Mayor Moore’s comments.

Mayor Moore requested that Item 5.1 be removed from the consent calendar.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 5.2 – 5.3. This vote was conducted by roll call.

5.2 Teleconferencing for Meetings
Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS DURING THE COVID-19

STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)

5.3 Fiscal Years 2021-23 Budget Adjustments
Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2021-23 BUDGET AND WORK PLAN FOR FISCAL YEAR
2021-22 COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022, AND FISCAL YEAR 2022-23 COMMENCING JULY 1, 2022 AND
ENDING JUNE 30, 2023, RELATED TO ADJUSTMENTS OF STATE

OF CALIFORNIA GRANTS FUND APPROPRIATIONS (STATE

BUDGET APPROPRIATION - CITY HALL/PUBLIC LIBRARY

PROJECT) TO PROVIDE FOR THE EXPENDITURE OF INTEREST

EARNINGS ON THE CITY HALL/PUBLIC LIBRARY PROJECT
Mayor Moore made comments regarding the accuracy of Item 5.1.

City Attorney Patterson responded to Mayor Moore’s comments.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Tao, and carried unanimously on a 5-0 vote, to approve Consent Calendar Item 5.1. This vote was conducted by roll call.

5.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on May 18, 2022.

VI. CITY COUNCIL BUSINESS
ITEM 6.1 – Attachment A
September 15, 2022 3 City Council Special Meeting Minutes

6.1 Ridge Route Drive Landscape Project
City Manager Macon made a presentation.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Horne and carried unanimously on a 5-0 vote, to:

1. Approve the “Ridge Route Drive Landscape Project” design plans and specifications as prepared by the project architect.

AND

2. Approve a notice of exemption for the “Ridge Route Drive Landscape Project” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorize the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND

3. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2021-23 BUDGET AND WORK PLAN FOR FISCAL YEAR
2021-22 COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022, AND FISCAL YEAR 2022-23 COMMENCING JULY 1, 2022 AND
ENDING JUNE 30, 2023, RELATED TO ALLOCATION OF EXISTING

FEDERAL GRANTS FUND (AMERICAN RESCUE PLAN ACT
(CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS))

APPROPRIATIONS TO THE RIDGE ROUTE DRIVE LANDSCAPE

PROJECT
AND

4. Award a contract agreement to Marina Landscape, Inc. for the construction of the “Ridge Route Drive Landscape Project”, in the amount of $177,670.36, plus authorized change orders not to exceed 15% of the base amount; and authorize the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

This vote was conducted by roll call.

6.2 2021-2022 Orange County Grand Jury Report, “How is Orange County Addressing Homelessness?”
ITEM 6.1 – Attachment A
September 15, 2022 4 City Council Special Meeting Minutes City Manager Macon made a presentation.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Horne, and carried on a 4-1 vote with Mayor Moore opposed, to approve a response to the 2021-2022 Orange County Grand Jury Report, “How is Orange County Addressing Homelessness?,” authorize the Mayor to execute the response, and direct the City Manager to submit the response as required by applicable law. This vote was conducted by roll call. [A copy of the approved response, which includes modifications to the proposed response that was included in the agenda packet, is available at or from the City Clerk’s Office.]

6.3 2021-2022 Orange County Grand Jury Report, “Where Have All the CRVs Gone?” City Manager Macon made a presentation
Councilmembers discussed the item and staff answered related questions.

Moved by Councilmember Hatch, seconded by Mayor Pro Tem Conners, and carried unanimously on a 5-0 vote, to approve a response to the 2021-2022 Orange County Grand Jury Report, “Where Have All the CRVs Gone?,” authorize the Mayor to execute the response, and direct the City Manager to submit the response as required by applicable law. This vote was conducted by roll call. [A copy of the approved response, which includes modifications to the proposed response that was included in the agenda packet, is available at or from the City Clerk’s Office.]
Councilmember Hatch made brief comments on the Orange County Fire Authority.

VII. CLOSED SESSION
Prior to convening in closed session, an opportunity was provided for public comments on items appearing on the closed session agenda. No such public comments were received.

7.1 The City Council met in closed session under the authority of California Government Code sections 54956.9(d)(2) and (e)(1) to discuss significant exposure to litigation in two cases.

7.2 The City Council met in closed session under the authority of California Government Code Section 54957(b)(1) to consider the following: Public Employee Performance Evaluation – City Manager.

VIII. CLOSED SESSION REPORT
The City Council reconvened in open session at 4:36 p.m. City Attorney Patterson stated that there was no reportable action.

ITEM 6.1 – Attachment A
September 15, 2022 5 City Council Special Meeting Minutes IX. ADJOURNMENT
The meeting was adjourned at 4:37 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, September 21, 2022 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: January 18, 2023
__________________________________
CYNTHIA CONNERS, Mayor
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ITEM 6.1 – Attachment B
November 16, 2022 1 City Council Regular Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING
November 16, 2022
2:00 P.M.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637

I. CALL TO ORDER
Mayor Moore called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:06 p.m.

II. ROLL CALL
COUNCILMEMBER: PRESENT: Hatch, Horne, Tao, Conners, Moore ABSENT: -
All councilmembers participated in-person at the meeting location.

STAFF PRESENT: City Manager Macon, City Attorney Patterson All staff participated in-person at the meeting location.

III. PLEDGE OF ALLEGIANCE
Mayor Moore led the pledge of allegiance.

IV. PRESENTATIONS AND CEREMONIAL MATTERS

4.1 Presentation Regarding Orange County Local Agency Formation Commission (OC LAFCO) Services & Municipal Service Review and Sphere of Influence Reviews – Carolyn Emery, Executive Officer, OC LAFCO
(agendized by Mayor Moore)
Mayor Moore introduced the item.

Carolyn Emery, Executive Officer of the Orange County Local Agency Formation Commission, made a presentation.

Councilmembers made comments.

4.2 Presentation Regarding Orange County Assessor Department Services & Process for Obtaining Intergenerational Exclusions and Base Year Value Transfers – Maria Melchor ITEM 6.1 – Attachment B
November 16, 2022 2 City Council Regular Meeting Minutes and Maricela Gonzalez, Orange County Assessor Department (agendized by Mayor Moore)
Mayor Moore introduced the item.

Maria Melchor, Orange County Assessor, made a presentation.

Councilmembers made comments and Ms. Melchor answered related questions.

4.3 City Hall/Public Library Project Update
City Manager Macon provided an update and answered related questions.

Councilmembers made comments.

V. PUBLIC COMMENTS ON NON-AGENDA ITEMS – None
VI. CONSENT CALENDAR
Moved by Councilmember Hatch, seconded by Mayor Pro Tem Conners, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 6.1 – 6.7.

6.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on September 21, 2022.

6.2 City Treasurer’s Report
Received and filed the City Treasurer’s Report for the month of October 2022.

6.3 Warrant Register
Approved the warrant register dated November 16, 2022 in the amount of $520,325.01.

6.4 Teleconferencing for Meetings
Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS DURING THE COVID-19

STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)

6.5 City Hall/Public Library Project Architectural Services ITEM 6.1 – Attachment B
November 16, 2022 3 City Council Regular Meeting Minutes

1. Waived the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding.

AND

2. Approved an extension of the agreement with obrARCHITECTURE, Inc. for City Hall/Public Library Project architectural services and authorized the City Manager to execute the extension, subject to approval as to form by the City Attorney.

6.6 Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)

1. Approved the “Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)” design plans and specifications as prepared by the project engineer.

AND

2. Approved a notice of exemption for the “Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorized the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND

3. Awarded a contract agreement to Hardy & Harper, Inc. for the construction of the “Pavement Management Plan Project (Northbound Moulton Parkway between Calle Cortez and Via Campo Verde)”, in the amount of $257,000, plus authorized change orders not to exceed 10% of the base amount; and authorized the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement to form by the City Attorney.

6.7 Rejection of Claim
Rejected the following claim against the City:

Evelyn Kay Melchior vs. City of Laguna Woods,
Claimant: Evelyn Kay Melchior
VII. PUBLIC HEARINGS
Mayor Moore requested that Item 7.3 be moved to next on the agenda. There were no objections.

7.3 2022 California Building Standards Code and Local Amendments ITEM 6.1 – Attachment B
November 16, 2022 4 City Council Regular Meeting Minutes City Manager Macon made a presentation.

Mayor Moore opened the public hearing that was continued from the regular City Council meeting on October 19, 2022.

With no requests to speak, the public hearing was closed.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Hatch, and carried unanimously on a 5-0 vote, to approve second reading and adopt an ordinance – read by title with further reading waived – titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING TITLE 10 OF THE

LAGUNA WOODS MUNICIPAL CODE (BUILDINGS AND
CONSTRUCTION) AND ADOPTING BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING
OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE; THE 2022
CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA
RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE;
THE 2022 CALIFORNIA MECHNICAL CODE; THE 2022
CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY
CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE;
THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE; AND, THE
2022 CALIFORNIA REFERENCED STANDARDS CODE
AND
Approve second reading and adopt an ordinance – read by title with further reading waived – titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING CHAPTER 10.12
(CALIFORNIA FIRE CODE) OF TITLE 10 (BUILDINGS AND

CONSTRUCTION) OF THE LAGUNA WOODS MUNICIPAL CODE
AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS,
TITLE 24, PART 9) WITH CERTAIN AMENDMENTS, ADDITIONS,

AND DELETIONS THERETO
AND
Determine and certify that the preceding two ordinances are exempt from the California Environmental Quality Act.

ITEM 6.1 – Attachment B
November 16, 2022 5 City Council Regular Meeting Minutes

7.1 Site Development Permit SDP-2022-0001 to allow for (a) establishment of a fast/fast casual food establishment, including physical modifications of an existing 2,626 square foot building and existing drive-through, queuing lane, parking, and landscape areas, and (b) construction of accessory (appurtenant) facilities and structures, at 23562 Moulton Parkway, Laguna Woods, CA 92637
City Manager Macon made a presentation.

Mayor Moore opened the public hearing that was continued from the regular City Council meeting on October 19, 2022.

Shawna Schaffner, CAA Planning, on behalf of the applicant, stated that they support the staff recommendation and answered questions from councilmembers.

Councilmembers discussed the item and staff answered related questions.

With no other requests to speak, the public hearing was closed.

Moved by Councilmember Hatch, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, APPROVING SITE DEVELOPMENT
PERMIT SDP-2022-0001 TO ALLOW FOR (A) ESTABLISHMENT OF

A FAST/FAST CASUAL FOOD ESTABLISHMENT, INCLUDING
PHYSICAL MODIFICATIONS OF AN EXISTING 2,626 SQUARE

FOOT BUILDING AND EXISTING DRIVE-THROUGH, QUEUING

LANE, PARKING, AND LANDSCAPE AREAS, AND (B)

CONSTRUCTION OF ACCESSORY (APPURTENANT) FACILITIES
AND STRUCTURES AT 23562 MOULTON PARKWAY, LAGUNA
WOODS, CA 92637, AND DETERMINING AND CERTIFYING THAT

THE SITE DEVELOPMENT PERMIT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTIONS 15301 AND 15303 OF TITLE 14 OF THE

CALIFORNIA CODE OF REGULATIONS

7.2 Sign Program Amendment SP-2022-0001 to amend Sign Program SP-1193 (as previously amended by Sign Program Amendment SP-1253), which allows for various signage at 24281 Moulton Parkway, Laguna Woods, CA 92637
City Manager Macon made a presentation.

Mayor Moore opened the public hearing.

With no requests to speak, the public hearing was closed.

ITEM 6.1 – Attachment B
November 16, 2022 6 City Council Regular Meeting Minutes Moved by Councilmember Hatch, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, APPROVING SIGN PROGRAM
AMENDMENT SP-2022-0001 TO AMEND SIGN PROGRAM SP-1193
(AS PREVIOUSLY AMENDED BY SIGN PROGRAM AMENDMENT
SP-1253), WHICH ALLOWS FOR VARIOUS SIGNAGE AT 24281
MOLUTON PARKWAY, LAGUNA WOODS, CA 92637, AND

DETERMINING AND CERTIFYING THAT THE SIGN PROGRAM

AMENDMENT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15311 OF TITLE 14 OF THE CALIFORNIA CODE OF

REGULATIONS

7.4 Zoning Code Amendments
City Manager Macon made a presentation.

Mayor Moore opened the public hearing.

With no requests to speak, the public hearing was closed.

Councilmembers discussed the item.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to approve the introduction and first reading of an ordinance – read by title with further reading waived – titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING CHAPTER 13.14 AND
SECTIONS 13.04.020, 13.08.010, 13.13.020, 13.15.011, 13.15.015,

13.15.016, 13.15.017, 13.15.020, 13.23.030, 13.26.010, AND 13.26.070 OF TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL

CODE, AND DETERMINING AND CERTIFYING THAT THE

ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
VIII. CITY COUNCIL BUSINESS

8.1 Employee Compensation and Benefits
City Manager Macon made a presentation.

Moved by Councilmember Horne, seconded by Mayor Pro Tem Conners, and carried unanimously on a 5-0 vote, to adopt a resolution titled:

ITEM 6.1 – Attachment B
November 16, 2022 7 City Council Regular Meeting Minutes

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, REPEALING RESOLUTION NO. 22-37, AND

ESTABLISHING A COMPENSATION SCHEDULE AND BENEFITS

FOR CITY EMPLOYEES
IX. CITY COUNCIL REPORTS AND COMMENTS

9.1 Coastal Greenbelt Authority
Mayor Pro Tem Conners provided a report.

9.2 Orange County Fire Authority
Councilmember Hatch provided a report and introduced Division Chief Baryic Hunter.

Division Chief Hunter made comments.

Councilmember Hatch and Mayor Conners made comments.

9.3 Orange County Library Advisory Board
Mayor Moore stated that Councilmember Tao had attended a meeting.

Councilmember Tao stated that he would provide a report at the end of the meeting.

9.4 Orange County Mosquito and Vector Control District
Councilmember Horne provided a report.

9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Pro Tem Conners provided a report and responded to a question from Councilmember Horne.

9.6 South Orange County Watershed Management Area
Mayor Moore stated that a meeting was coming up.

9.7 Other Comments and Reports
Councilmember Horne reported on the California Senior Legislature.

Councilmember Tao made comments as an outgoing member of the City Council.

City Manager Macon responded to a question from Councilmember Tao.

ITEM 6.1 – Attachment B
November 16, 2022 8 City Council Regular Meeting Minutes Councilmembers made comments and thanked Councilmember Tao for his service.

X. CLOSED SESSION – None
XI. CLOSED SESSION REPORT – None
XII. ADJOURNMENT
The meeting was adjourned at 4:08 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, December 21, 2022 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: January 18, 2023
__________________________________
CYNTHIA CONNERS, Mayor
ITEM 6.1 – Attachment C
December 12, 2022 1 City Council Special Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

SPECIAL MEETING
December 12, 2022
2:00 P.M.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637

I. CALL TO ORDER
Mayor Moore called the Special Meeting of the City Council of the City of Laguna Woods to order at 2:07 p.m.

II. ROLL CALL
COUNCILMEMBER: PRESENT: Hatch, Horne, Moore
ABSENT: Conners
All councilmembers participated in-person at the meeting location.

STAFF PRESENT: City Manager Macon, City Attorney Patterson, Administrative Services Director/City Treasurer Torres, City Clerk Trippy All staff participated in-person at the meeting location.

III. PLEDGE OF ALLEGIANCE
Annie McCary, resident and Councilmember-elect, led the pledge of allegiance.

IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS – None
V. CITY COUNCIL BUSINESS

5.1 General Municipal Election
City Manager Macon made a presentation.

Moved by Councilmember Horne, seconded by Councilmember Hatch, and carried on a 3-0 vote with Mayor Pro Tem Conners absent, to adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, RECITING THE FACTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 AND
ITEM 6.1 – Attachment C
December 12, 2022 2 City Council Special Meeting Minutes

DECLARING THE RESULTS AND SUCH OTHER MATTERS AS

PROVIDED BY LAW
City Manager Macon continued his presentation.

City Clerk Trippy presented certificates of election to Annie McCary and Carol Moore.

Mayor Pro Tem Conners joined the meeting via teleconference at 2:12 p.m.

City Clerk Trippy administered oaths or affirmations of office for Annie McCary and Carol Moore.

VI. CONSENT CALENDAR
Moved by Councilmember Hatch, seconded by Councilmember Horne, and carried on a 4-0-1 vote with no vote from Mayor Pro Tem Conners, to approve Consent Calendar items 6.1 – 6.3.

This vote was conducted by roll call.

6.1 Teleconferencing for Meetings
Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS DURING THE COVID-19

STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)

6.2 Measure M2 Expenditure Report
Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ADOPTING AND CONCERNING THE
MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2021-22
COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022

6.3 City Hall Refurbishment and Safety Project: Phase 3 Approved an increase of the City Manager’s authorization to approve change orders for the contract agreement with US Builders & Consultants for the construction of the “City Hall Refurbishment and Safety Project: Phase 3” to 41% of the $113,400 base amount.

VII. CITY COUNCIL BUSINESS

7.1 Annual Comprehensive Financial Report
ITEM 6.1 – Attachment C
December 12, 2022 3 City Council Special Meeting Minutes City Manager Macon introduced the item.

Eric Xin, Brown Armstrong Accountancy Corporation, made a presentation.

Councilmembers discussed the item and staff and Mr. Xin answered related questions.

Moved by Councilmember Hatch, seconded by Councilmember Horne and carried unanimously on a 5-0 vote, to receive and file the following documents, each dated November 23, 2022:

1. Annual Comprehensive Financial Report with Report on Audit by Independent Auditors for the Year Ended June 30, 2022 (Fiscal Year 2021-22) AND

2. Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
AND

3. Independent Auditor’s Statements on Auditing Standards 114 Letter: The Auditor’s Communication with Those Charged with Governance
AND

4. Appropriations Limit Worksheet with Independent Accountant’s Report on Applying Agreed-Upon Procedures for the Fiscal Year Ended June 30, 2022 This vote was conducted by roll call.

Mayor Moore stated that a resident expressed a desire to speak on Item 5.1.

5.1 General Municipal Election
Juanita Skillman, resident, welcomed Councilmember McCary to the City Council, congratulated Mayor Moore on her reelection, thanked former Councilmember Tao for his service, and commented on the City Manager as related to Item 8.1.

7.2 Community Development Block Grant Coronavirus Aid, Relief, and Economic Security Act (CDBG-CV) Funding for Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6
City Manager Macon made a presentation.

Moved by Councilmember Horne, seconded by Councilmember Hatch, and carried on a ITEM 6.1 – Attachment C
December 12, 2022 4 City Council Special Meeting Minutes 4-0-1 vote with no vote from Mayor Pro Tem Conners, to:

1. Approve Contract # 012-23010627-CV with the County of Orange for Coronavirus Aid, Relief, and Economic Securities (CARES) Act, H.R. 748, Community Development Block Grant, Public Facilities & Improvements, Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 (B), and authorize the City Manager to execute the contract, subject to approval as to form by the City Attorney.

AND

2. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2021-23 BUDGET AND WORK PLAN FOR FISCAL YEAR
2021-22 COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022, AND FISCAL YEAR 2022-23 COMMENCING JULY 1, 2022 AND
ENDING JUNE 30, 2023, RELATED TO ADJUSTMENTS OF

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND

APPROPRIATIONS TO REFLECT THE PLANNED EXPENDITURE

OF COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS

AID, RELIEF, AND ECONOMIC SECURITY ACT (CDBG-CV) FUNDS
FOR THE “AMERICANS WITH DISABILITIES ACT (ADA)
PEDESTRIAN ACCESSIBILITY IMPROVEMENT PROJECT: PHASE
6”
This vote was conducted by roll call.

7.3 League of California Cities’ New Mayors and Council Members Academy (agendized by Councilmember Horne)
Mayor Moore and Councilmember Horne made comments.

Moved by Councilmember Horne, seconded by Councilmember Hatch, and carried on a 4-0-1 vote with no vote from Mayor Pro Tem Conners, to authorize Councilmember McCary to participate in the League of California Cities’ New Mayors and Council Members Academy from February 1-3, 2023 in Universal City at the Sheraton Universal Hotel, including City-paid registration fees of $1,625, hotel fees of $199 per night (plus taxes and fees) for two nights, and hotel self-parking. This vote was conducted by roll call.

X. CLOSED SESSION
Prior to convening in closed session, an opportunity was provided for public comments on items appearing on the closed session agenda. No such public comments were received.

ITEM 6.1 – Attachment C
December 12, 2022 5 City Council Special Meeting Minutes

8.1 The City Council met in closed session under the authority of California Government Code Section 54957 to consider the appointment and employment of the City Manager.

XI. CLOSED SESSION REPORT
The City Council reconvened in open session at 3:07 p.m. City Attorney Patterson stated that there was no reportable action.

XII. ADJOURNMENT
The meeting was adjourned at 3:07 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, December 21, 2022 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: January 18, 2023
__________________________________
CYNTHIA CONNERS, Mayor
This page is intentionally blank.

ITEM 6.1 – Attachment D
December 21, 2022 1 City Council Regular Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING
December 21, 2022
2:00 P.M.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637

I. CALL TO ORDER
Mayor Moore called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:04 p.m.

II. ROLL CALL
COUNCILMEMBER: PRESENT: Hatch, Horne, McCary, Conners, Moore ABSENT: -
All councilmembers participated in-person at the meeting location.

STAFF PRESENT: City Manager Macon, City Attorney Patterson, City Clerk Trippy All staff participated in-person at the meeting location.

III. PLEDGE OF ALLEGIANCE
Phil O’Dowd, resident, led the pledge of allegiance.

IV. PRESENTATIONS AND CEREMONIAL MATTERS

4.1 City Hall/Public Library Project Update
City Manager Macon provided an update and answered related questions.

Councilmembers made comments.

V. PUBLIC COMMENT
Phil O’Dowd, resident, shared vehicle-related noise and speed concerns regarding El Toro Road.

Mr. O’Dowd provided the City Council with written comments that are included in the public record.

Councilmembers briefly responded to Mr. O’Dowd’s comments.

ITEM 6.1 – Attachment D
December 21, 2022 2 City Council Regular Meeting Minutes VI. CONSENT CALENDAR
Mayor Moore pulled Item 6.5-Recommendation 2 for separate discussion.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 6.1 – 6.5-Recommendation 1.

6.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on October 19, 2022.

6.2 City Treasurer’s Report
Received and filed the City Treasurer’s Report for the month of November 2022.

6.3 Warrant Register
Approved the warrant register dated December 21, 2022 in the amount of $884,033.01.

6.4 Teleconferencing for Meetings
Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS DURING THE COVID-19

STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)

6.5 Fiscal Years 2021-23 Budget Adjustments & City Hall/Public Library Project

1. Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2021-23 BUDGET AND WORK PLAN FOR FISCAL YEAR
2021-22 COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022, AND FISCAL YEAR 2022-23 COMMENCING JULY 1, 2022 AND
ENDING JUNE 30, 2023, RELATED TO ALLOCATION OF EXISTING

FEDERAL GRANTS FUND (AMERICAN RESCUE PLAN ACT
(CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS))

APPROPRIATIONS TO THE CITY HALL/PUBLIC LIBRARY

PROJECT

6.5 Fiscal Years 2021-23 Budget Adjustments & City Hall/Public Library Project ITEM 6.1 – Attachment D
December 21, 2022 3 City Council Regular Meeting Minutes City Manager Macon made a presentation.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Pro Tem Conners, seconded by Councilmember Hatch, and carried unanimously on a 5-0 vote, to:

2. Approve an increase of the City Manager’s authorization to approve change orders for the contract agreement with iBuild Spectrum, Inc. for the construction of the “City Hall/Public Library Project” to 31% of the $2,270,413.01 base amount.

VII. PUBLIC HEARINGS

7.1 Community Development Block Grant (CDBG) Public Facilities & Improvements Project Proposal
City Manager Macon made a presentation.

Mayor Moore opened the public hearing.

With no requests to speak, the public hearing was closed.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Pro Tem Conners, seconded by Mayor Moore, and carried unanimously on a 5-0 vote, to:

1. Ratify the City Manager’s submittal of a proposal to the County of Orange requesting $150,000 in Community Development Block Grant (CDBG) funds under the Fiscal Year 2023-24 Public Facilities & Improvements grant program (County of Orange RFP No. 012-23010523-NC) to support the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 7”, which generally consists of driveway and sidewalk improvements on El Toro Road.

AND

2. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, RATIFYING THE SUBMITTAL OF A

PROPOSAL TO THE COUNTY OF ORANGE FOR COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDS,

PROSPECTIVELY ACCEPTING THE AWARD OF SUCH CDBG

FUNDS, MAKING RELATED AUTHORIZATIONS RELATED TO THE
FISCAL YEAR 2023-24 PUBLIC FACILITIES & IMPROVEMENTS
GRANT PROGRAM (COUNTY OF ORANGE RFP NO. 012-23010523-
ITEM 6.1 – Attachment D
December 21, 2022 4 City Council Regular Meeting Minutes

NC), AND DETERMINING AND CERTIFYING THAT THE

SUBMITTAL OF A PROPOSAL AND ACCEPTANCE OF THE

AWARD OF FUNDS IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
VIII. CITY COUNCIL BUSINESS

8.1 Procurement of Recovered Organic Waste Products
City Manager Macon made a presentation.

Councilmembers discussed the item and staff answered related questions.

Moved by Councilmember Horne, seconded by Mayor Pro Tem Conners, and carried unanimously on a 5-0 vote, to approve an agreement with the Golden Rain Foundation of Laguna Woods for procurement of mulch in connection with California Senate Bill 1383 and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

IX. CITY COUNCIL REPORTS AND COMMENTS
Mayor Moore left the meeting at 3:24 p.m.

9.1 Coastal Greenbelt Authority
Mayor Pro Tem Conners provided a report.

Mayor Moore rejoined the meeting at 3:26 p.m.

9.2 Orange County Fire Authority
Councilmember Hatch provided a report.

9.3 Orange County Library Advisory Board
Mayor Moore stated that the next meeting is next month.

9.4 Orange County Mosquito and Vector Control District
Councilmember Horne provided a report and shared a PowerPoint presentation from the Orange County Mosquito and Vector Control District for Laguna Woods.

Mayor Pro Tem Conners left the meeting at 3:28 p.m.

Councilmember Horne responded to a question from Mayor Moore.

ITEM 6.1 – Attachment D
December 21, 2022 5 City Council Regular Meeting Minutes Mayor Moore moved Item 9.6 to next on the agenda.

9.6 South Orange County Watershed Management Area
Mayor Moore provided a report.

Kathryn Freshley, resident, briefly responded to a question from Mayor Moore regarding the El Toro Water District.

Mayor Pro Tem Conners rejoined the meeting at 3:37 p.m.

9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Pro Tem Conners provided a report.

9.7 Other Comments and Reports
Councilmember Horne and Mayor Moore briefly discussed the placement of a report regarding Community Bridge Builders.

Councilmember Horne commented on the OC Power Authority.

Councilmember Hatch and Mayor Moore briefly responded to Councilmember Horne’s comments.

Kathryn Freshley, resident, made comments regarding Councilmember Horne’s comments.

Councilmember Horne briefly responded to Ms. Freshley’s comments.

Mayor Moore briefly responded to the previous comments.

Mayor Moore called for a brief recess.

The City Council reconvened.

X. CITY COUNCIL BUSINESS

10.1 City Council Organization – Office of Mayor
Mayor Moore made comments.

Moved by Councilmember Hatch, seconded by Mayor Moore, and carried unanimously on a 5-0 vote, to appoint Cynthia Conners to serve as Mayor effective immediately through December 2023.

ITEM 6.1 – Attachment D
December 21, 2022 6 City Council Regular Meeting Minutes

10.2 City Council Organization – Office of the Mayor Pro Tem Moved by Mayor Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to appoint Noel Hatch to serve as Mayor Pro Tem effective immediately through December 2023.

10.3 City Council Public Official Appointments
Mayor Conners made comments.

Moved by Mayor Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to appoint Councilmember McCary as the director and Mayor Pro Tem Hatch as the alternate on the California Joint Powers Insurance Authority Board of Directors from January 1, 2023 through December 31, 2024.

Mayor Conners made comments.

Moved by Mayor Conners, seconded by Mayor Pro Tem Hatch, and carried unanimously on a 5-0 vote, to appoint Councilmember McCary as the director, Councilmember Moore as the first alternate, and Councilmember Horne as the second alternate, on the Coastal Greenbelt Authority Board of Directors from January 1, 2023 through December 31, 2024.

Mayor Conners made comments.

Moved by Mayor Conners, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to appoint Mayor Pro Tem Hatch to serve as the director on the Orange County Fire Authority Board of Directors from January 1, 2023 through December 31, 2024 by adopting a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, APPOINTING A DIRECTOR TO SERVE ON

THE ORANGE COUNTY FIRE AUTHORITY BOARD OF DIRECTORS
FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2024
Mayor Conners made comments.

Moved by Mayor Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to appoint Councilmember Moore to serve as a member and Councilmember McCary to serve as an alternate on the Orange County Library Advisory Board from January 1, 2023 through December 31, 2024.

Mayor Conners made comments.

Moved by Councilmember Moore, seconded by Mayor Pro Tem Hatch, and carried unanimously on a 5-0 vote, to appoint Councilmember Horne to serve as trustee on the Orange County Mosquito and Vector Control District Board of Trustees effective at Noon ITEM 6.1 – Attachment D
December 21, 2022 7 City Council Regular Meeting Minutes on January 2, 2023 through 11:59 a.m. on January 6, 2025.

Mayor Conners made comments.

Moved by Councilmember Moore, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to appoint Mayor Conners to serve as director and Mayor Pro Tem Hatch to serve as an alternate on the San Joaquin Hills Transportation Corridor Agency Board of Directors from January 1, 2023 through December 31, 2024.

Mayor Conners made comments.

Moved by Mayor Pro Tem Hatch, seconded by Mayor Conners, and carried unanimously on a 5-0 vote, to appoint Councilmember Moore to serve as a member and Councilmember Horne to serve as an alternate on the South Orange County Watershed Management Area Executive Committee from January 1, 2023 through December 31, 2024.

10.4 Investment Policy Review Committee Appointments
City Manager Macon introduced the item.

Moved by Councilmember Moore, seconded by Mayor Pro Tem Hatch, and carried unanimously on a 5-0 vote, to appoint Councilmembers Horne and McCary to serve on a standing Investment Policy Review Committee from January 1, 2023 through December 31, 2024, in accordance with Administrative Policy 2.2 (Investment of Financial Assets)

10.5 Laguna Woods Civic Support Fund Appointments
Mayor Pro Tem Hatch made comments and made a motion to table the appointments of the Laguna Woods Civic Support Fund.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Pro Tem Hatch, seconded by Mayor Conners, and carried unanimously on a 5-0 vote, to table appointments to the Laguna Woods Civic Support Fund Board of Directors until such time as the City Council has had an opportunity to discuss the future structure and role of the Civic Support Fund, with the understanding that Councilmember Moore will continue in her role as a member of the Civic Support Fund Board of Directors in the interim.

10.6 Appointment of Liaisons to Community Bridge Builders (agendized by the Ad-Hoc Anti-Hate Advisory Council Committee comprised of Mayor Pro Tem Conners and Councilmember Horne) [Subsequent to the posting of this agenda, Mayor Pro Tem Conners was appointed to the position of Mayor.] Mayor Conners introduced the item.

ITEM 6.1 – Attachment D
December 21, 2022 8 City Council Regular Meeting Minutes Rebeca Gilad, Community Bridge Builders, made comments and answered related questions.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to:

1. Appoint Councilmembers Horne and McCary to serve as liaisons to Community Bridge Builders (a community group combating bias and prejudice in Laguna Woods) to foster communication between the City and Community Bridge Builders related to their shared interest in promoting diversity, equity and inclusion in Laguna Woods, from December 21, 2022 through December 31, 2024.

AND

2. Dissolve the Ad Hoc Anti-Hate Advisory Council Committee.

10.7 City Council Meeting Schedule
City Manager Macon introduced the item.

Moved by Councilmember Moore, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to:

1. Approve modifications to the City Council meeting schedule for Fiscal Year 2022-23.

AND

2. Approve a City Council meeting schedule for Fiscal Year 2023-24.

XI. CLOSED SESSION – None
XII. CLOSED SESSION REPORT – None
XIII. ADJOURNMENT
Mayor Conners wished everyone happy holidays.

The meeting was adjourned at 5:05 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, January 18, 2023 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 6.1 – Attachment D
December 21, 2022 9 City Council Regular Meeting Minutes Approved: January 18, 2023
__________________________________
CYNTHIA CONNERS, Mayor
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6.2 CITY TREASURER’S REPORT
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6.3 WARRANT REGISTER
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6.4 TELECONFERENCING FOR MEETINGS
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ITEM 6.4
R 22-XX 1 XX-XX-2022
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS DURING THE COVID-19

STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)
WHEREAS, on February 26, 2020, the County of Orange Health Officer declared a Local Health Emergency and the Chairwoman of the Board of Supervisors, acting as the Chair of Emergency Management Council, proclaimed a Local Emergency finding that the imminent and proximate threat to public health from the introduction of COVID-19 created conditions of extreme peril to the safety of persons and property within the territorial limits of Orange County; and WHEREAS, on March 2, 2020, the Orange County Board of Supervisors adopted resolutions No. 20-011 and 20-012 ratifying the Local Health Emergency and Local Emergency, referenced above; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency in response to COVID-19, pursuant to Section 8625 of the California Emergency Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2); and WHEREAS, on March 11, 2020 the World Health Organization publicly characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the spread and the effects of COVID-19; and WHEREAS, the State of California (California Department of Industrial Relation’s Division of Occupational Safety and Health’s Revised COVID-19 Prevention Emergency Temporary Standards effective May 6, 2022) and County of Orange Health Officer (Orders and Strong Recommendations revised September 23, 2022) continue to impose or recommend measures to promote social distancing; and
WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 that, in an effort to confront and contain COVID19, suspended certain provisions of the Ralph M. Brown Act providing local ITEM 6.4
R 22-XX 2 XX-XX-2022
agencies with greater flexibility to hold meetings via teleconferencing; and WHEREAS, on September 16, 2021, the Governor of the State of California signed Assembly Bill 361 (2020-2022) (“AB 361”) amending the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing during a proclaimed state of emergency when: (1) state or local officials have imposed or recommended measures to promote social distancing and/or (2) the legislative body of the local agency has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code Section 54953(e)(1)); and
WHEREAS, AB 361 was chaptered into law as an urgency statute with its effectiveness waived until October 1, 2021, subject to the Governor of the State of California’s Executive Order N-15-21 dated September 20, 2021; and WHEREAS, in order to continue holding meetings via teleconferencing, AB 361 requires the legislative body of a local agency to periodically make the findings set forth in California Government Code Section 54953(e)(3).

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

WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council does hereby find the following:
(A) A state of emergency has been proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2); and
(B) The City Council has reconsidered the circumstances of the state of emergency; and
(C) The state of emergency continues to directly impact the ability of the members of the City Council to meet safely in person; and (D) State and local officials continue to impose or recommend measures to promote social distancing.

ITEM 6.4
R 22-XX 3 XX-XX-2022
SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED on this XX day of XX 2022. _______________________________
CYNTHIA CONNERS, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
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6.5 NEWPORT BAY WATERSHED TOTAL MAXIMUM

DAILY LOAD PROGRAMS
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Agreement No. MA-080-23010376

Final for Approval

COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND

RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED
THIS AGREEMENT, for purposes of identification numbered MA-080-23010376, referred to hereinafter as “Agreement”, is made and entered into this _____ day of _________, 2023 , by and between the County of Orange (“County”), the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District, and the Irvine Company. These entities are hereinafter sometimes jointly referred to as “Parties” and individually as “Party.” City entities are hereinafter sometimes jointly referred to as “Cities.” The Cities, County, and the Orange County Flood Control District are hereinafter sometimes jointly referred to as the “Municipal Parties.”

RECITALS
WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region (“Regional Board”) adopted Resolution No. 98-9, as amended by Resolution No. 98-100, amending the Water Quality Control Plan for the Santa Ana River Basin (“Basin Plan”) to incorporate a Nutrient Total Maximum Daily Load (“TMDL”) for the Newport Bay/San Diego Creek Watershed on April 17, 1998, and Resolution 99-10 amending the Basin Plan to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999, pursuant to the provisions of Section 303(d) of the Clean Water Act, and Resolution 2018- 0041 amending the Basin Plan to incorporate a TMDL for Selenium in freshwater in Newport Bay Watershed on September 20, 2018; and,
WHEREAS, the United States Environmental Protection Agency established technical TMDLs for toxic pollutants (“Toxics TMDLs”) for San Diego Creek and Newport Bay, California, on June 14, 2002, and the Regional Board has been in the process of developing implementation plans or updating these Toxics TMDLs through separate Basin Plan processes, and Basin Plan amendments for Diazinon and Chlorpyrifos TMDLs, the Organochlorines TMDLs, and the Selenium TMDL have been adopted, and Basin Plan amendments for metals are in development; and, ITEM 6.5
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WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred to as “Newport Bay TMDLs”) contain requirements for studies, monitoring, and the development of programs to attain TMDL targets over a multi-year period; and, WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge Elimination System Municipal Stormwater Permit (“NPDES Permit”), Order No. R8-2009-0030, issued to the Municipal Parties by the Regional Board, which encourages a cooperative watershed program approach, and, as of the end of 2022, NPDES Permit, Order No. R8-2022-0008 is in development; and, WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the studies and implementation activities related to the Newport Bay TMDLs; and, WHEREAS, the Parties subsequently entered into Agreement No. D11-066 on June 26, 2012 as a successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and, WHEREAS, the Parties subsequently entered into Agreement No. MA-080-18011416 on August 14, 2018 as a successor to Agreement No. D11-066; and,
WHEREAS, the Parties intend this Agreement as a successor to Agreement MA-080-18011416, to provide for the performance of: additional studies, research, monitoring, reporting, development and/or revision of programs related to the Newport Bay TMDLs; assessment and development of programs related to current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for watershed management plans; actions in response to threats of administrative enforcement and citizen suits; and planning, permitting, design, construction, and maintenance of TMDL pilot projects; and, WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A; and,
WHEREAS, the Parties share a common interest in the regulatory compliance gained through the activities to be funded and performed pursuant to this Agreement, and the Parties further acknowledge that: each Party is entering into this Agreement for such purpose; there are common issues/questions of ITEM 6.5
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law and fact among the Parties; it is the understanding of each Party that, in the performance of this Agreement, as with preceding agreements to which this Agreement is successor, confidential communications protected by the attorney-client privilege and attorney work product doctrine may be disclosed among the Parties through their counsel. Based on the foregoing, the Parties now wish to enter into a common interest agreement to memorialize their mutual understanding that confidential communications are to be kept confidential and protected from disclosure to the fullest extent allowed by law; and
WHEREAS, it is recognized that additional compliance efforts may be necessary and the Parties may choose to fund projects under separate agreements.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:

Section 1. PURPOSE. This Agreement is entered into for the purpose of funding and performing program activities related to the Newport Bay TMDLs, NPDES Permit requirements specific to the Newport Bay watershed, current and future Clean Water Act §303(d) listings in the Newport Bay watershed, and other related matters which may affect NPDES Permit compliance and/or enforcement within the Newport Bay watershed.

Section 2. TERM. The term of this Agreement shall commence upon approval and execution of this Agreement by all Parties, or on July 1, 2023, whichever is later, and shall continue until June 30, 2028.

Section 3. PROGRAM WORK PLAN. The County shall work in concert with all Parties to develop a work plan for the following fiscal year and will provide longer term financial forecasts. The work plan for the upcoming fiscal years shall be submitted to each of the Parties by February 15 of each year. The work plan may designate a Party as a lead other than the County for a work plan task(s), provided that the County obtains the prior written consent of such other Party.

Section 4. BUDGET AND COSTS. The budget for the 2023–24 fiscal year, subject to appropriations, is $1,308,854 and is shown in Exhibit A. The County shall work in concert with all the Parties to develop a budget for the following fiscal years. Budgeted amounts for pilot project(s) shall not ITEM 6.5
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exceed $200,000 for all pilot projects in any one fiscal year. For the following fiscal year and thereafter, a budget shall be submitted to each of the Parties by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each Party for the following fiscal year.

The County shall be entitled to charge to the program all costs for direct labor, materials, equipment, and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge.

Section 5. WORK PLAN TASK LEAD REIMBURSEMENT. With a Party’s prior written consent, the County may designate a Party as a task lead with respect to specific tasks on the operative work plan.

If a Party is designated as a task lead, upon prior written authorization from County, the Party shall invoice the County for authorized expenses up to the approved budget amount for the work plan task.

Section 6. APPROVALS AND ADJUSTMENTS. The Parties shall be permitted to review and approve the budget and program work plan for the forthcoming year, review work products, and provide direction for performance of the work plan. The Parties shall be notified of the intent to issue contracts to perform the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evaluating consultant qualifications/proposals subject to the requirements of the County of Orange Contract Policy Manual.

Criteria for approval of the work plan and budget shall be affirmative responses from Parties representing ninety percent (90%) of the funding shares in Exhibit A and 12 of the 13 Parties. The County and Orange County Flood Control District will constitute one approving Party. Any Party not providing a response by July 15 of each year shall be considered as rendering an affirmative response.

Criteria for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget.

Section 7. FUNDING SHARE PERCENTAGES. Exhibit A, which is attached to this Agreement and by this reference is made a part hereof, presents the funding share percentages for the Parties for the term of the Agreement and the costs for the Parties for fiscal year 2023–24.

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Section 8. PAYMENTS. For the initial year of the Agreement, the County shall invoice each Party for its deposit either at the beginning of the fiscal year or thirty (30) days after approval of the Agreement, whichever is later. In following years, the County shall invoice each Party for its annual deposit at the beginning of each fiscal year. Each Party shall pay the deposit within 45 calendar days of the date of the invoice. Each Party’s deposit shall be based on its prorated share of the approved annual budget, reduced by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget from entities not party to this Agreement.

Interest earned on the Parties’ deposits will not be paid to the Parties, but will be credited against the Parties’ share of the program costs.

The County shall notify each of the Parties if it appears that costs may exceed the budget approved by the Parties in any fiscal year. The County shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of the deposits, and the County has notified and obtained approval from the Parties of potential cost overruns, the County shall seek approval of the excess cost from the Parties in the form of a revised budget and, upon approval, shall invoice each Party for its prorated share of the excess cost up to the amount of the revised approved budget. Each Party shall pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each Party will take into consideration any outside funding provided for programs in the approved budget from entities not party to this Agreement.

Upon termination of the program, a final accounting shall be performed by the County. If costs from approved budgets remaining after the deduction of interest costs exceed the sum of the deposits, the County shall invoice each Party for its prorated share of the deficit. Each Party shall pay the invoice within 45 calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds ITEM 6.5
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the costs from approved budgets, the County shall reimburse to each Party its prorated share of the excess, within 45 calendar days of the final accounting.

Section 9: CONFIDENTIAL COMMUNICATIONS
a. The term "Confidential Communications" shall mean all communications, regardless of form, including documents and oral or written communications, whether prepared by the Parties or by consultants or experts retained by any Party, exchanged by or among the Parties, their non-employee consultants or experts, and/or their counsel, that are: (i) related to the purpose and/or performance of this Agreement; and (ii) privileged or protected from disclosure to adverse or other persons by reason of the attorney-client privilege, the attorney work product doctrine, or the common interest and/or joint defense privilege. The term Confidential Communications does not include any publicly available information.
b. The Parties agree that the disclosure of Confidential Communications between or among the Parties or their counsel will not diminish the confidentiality of such materials or constitute waiver of any applicable privilege or protection from disclosure. The Parties intend that all Confidential Communications shall be protected from disclosure and discovery, to the fullest extent allowed by law, including under the common interest and/or joint defense privileges. Inadvertent disclosure of Confidential Communications to third parties shall not constitute waiver of any applicable privilege, and shall be entitled to the fullest protection under the law, including the triggering of ethical obligations for the recipient(s) to return such inadvertently disclosed Confidential Communications. c. The Party providing or disclosing any Confidential Communications to another party to this Agreement, pursuant to this Agreement, shall mark it as: “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376.” Confidential Communications must be exchanged between the Parties' counsel, although non-attorney staff may be copied on the transmittal.

Communications marked in this or substantially similar manner and transmitted in this manner shall be Confidential Communications. The failure to so mark such communications, however, will not diminish ITEM 6.5
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the confidentiality of such communications or constitute waiver of any applicable privilege or protection from disclosure.
d. Confidential Communications shall be held in confidence by the Parties, unless disclosure is required by law or court order. Each Party shall take reasonable and appropriate measures to prevent inadvertent disclosures of Confidential Communications to third parties. In the event any Party receives a third-party request or demand for Confidential Communications marked “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376,” per section 9.c., or bearing the name of one or more attorneys for any Party, prior to the release of any such Confidential Communications, the receiving Party shall notify all other Parties that such a request or demand has been received, so that the other Parties have the opportunity to seek a protective order or other relief. In the event any Party receives a third-party request or demand for Confidential Communications that are not marked per section 9.c. and do not bear the name of any attorney for any Party, prior to the release of such Confidential Communications, the receiving Party shall endeavor to notify all other Parties, so that the other Parties have the opportunity to seek a protective order or other relief. e. To the extent allowed by law, the obligations of the Parties under this Section 9 shall survive the termination of this Agreement and shall remain in full force and effect. f. Neither this Agreement nor the actions of any Party or counsel to a Party shall create any attorney-client relationship between any counsel and any Party that have not otherwise entered into an attorney-client relationship.

Section 10. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this Agreement. Nothing in this Agreement is intended to preclude additional participants being added by written amendment as parties to this Agreement pursuant to Section 11. Exhibit A will be revised to add funding share percentage(s) for the additional party(ies) and proportionately reduced percentage shares for the Parties.

Section 11. AMENDMENT. This Agreement may be amended in writing only with the unanimous written approval of the Parties.

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Section 12. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this Agreement, each Party neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other Parties. It is the intent of the Parties that the rights and liabilities of each Party shall remain the same, while this Agreement is in force, as it was before this Agreement was made, except as otherwise specifically provided in this Agreement.

Section 13. TERMINATION. Any Party wishing to terminate its participation in this Agreement shall so notify all other Parties in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating Party shall be responsible for financial obligations hereunder to the extent incurred in accordance with this Agreement by the Party prior to the effective date of termination.

The balance of the Parties may continue in the performance of the terms and conditions of this Agreement with a proportionate reallocation of the terminating Party’s cost share in Exhibit A among the remaining Parties.

Section 14. AVAILABILITY OF FUNDS. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment of money in excess of appropriations authorized by law.

Section 15. NO THIRD-PARTY BENEFICIARIES. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person (except the Parties hereto and any entity in which a Party has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a Party) any legal or equitable right, remedy or claim under or in respect of this Agreement or any provisions herein contained. This Agreement and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the Parties and the entities in which they have a legal interest and their successors or assigns and for the benefit of no other person, agency or entity.

Section 16. REFERENCE TO CALENDAR DAYS. Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.

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Section 17. ATTORNEY’S FEES. In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is asserted as a defense, each Party shall bear its own attorney’s fees and costs.

Section 18. ENTIRE AGREEMENT. This Agreement is intended by the Parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the Parties in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the Parties with respect to such matter.

Section 19. SEVERABILITY. If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 20. SUCCESSORS AND ASSIGNS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns.

Section 21. NOTICES. All notices required or desired to be given under this Agreement shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a mailed copy as required, to the addresses specified below, provided each Party may change the address for notices by giving the other Parties at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission.

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Director of Public Services
City of Costa Mesa
77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92626-1200
Director of Community Development
City of Irvine
1 Civic Center Plaza, P.O. Box 19578
Irvine, CA 92623-9578
Director of Public Services
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods CA 92637
Environmental Manager and Director of Public Works
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Director of Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Director of Public Works
City of Orange
300 E. Chapman Ave, P.O. Box 449
Orange, CA 92866
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
Santa Ana, CA 92702
Director of Public Works
City of Tustin
300 Centennial Way
Tustin, CA 92780
Director, OC Public Works
County of Orange
601 N. Ross Street
Santa Ana, CA 92701
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Director of Water Quality & Regulatory Compliance
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618
Vice President of Environmental Affairs
The Irvine Company
550 Newport Center
Newport Beach, CA 92658-8904
Section 23. EXECUTION OF AGREEMENT. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument.

Section 24. GOVERNING LAW AND VENUE. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Furthermore, the Parties have specifically agreed, as part of the consideration given and received for entering into this Agreement, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written:

COUNTY OF ORANGE,
a political subdivision of the State of California
Date: By:

Chairman of the Board of Supervisors

ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate and politic
By:

Chairman of the Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD.

Date: ________________________________ By_________________________________ Robin Stieler
Clerk of the Board of Supervisors of
Orange County, California

APPROVED AS TO FORM

COUNTY COUNSEL
By____________________________
Deputy
Date: ___________
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CITY OF COSTA MESA
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Costa Mesa
ITEM 6.5
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CITY OF IRVINE
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Irvine
ITEM 6.5
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CITY OF LAGUNA HILLS
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Laguna Hills
ITEM 6.5
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CITY OF LAGUNA WOODS
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

Yolie Trippy, City Clerk Alisha Patterson, City Attorney of Laguna Woods ITEM 6.5
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CITY OF LAKE FOREST
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Lake Forest
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CITY OF NEWPORT BEACH
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Newport Beach
ITEM 6.5
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CITY OF ORANGE
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Orange
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ATTEST: CITY OF SANTA ANA
_________________________________________ _________________________________________ City Clerk City Manager
APPROVED AS TO FORM:

City Attorney
By:______________________________________
Assistant City Attorney
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CITY OF TUSTIN
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Tustin
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THE IRVINE RANCH WATER DISTRICT
Date: By:

Paul Cook, General Manager
Approved as to Form
Date: By:

Claire H. Collins, General Counsel
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THE IRVINE COMPANY
Date: By:

Name:

Title:

Date: By:

Name:

Title:

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Page A-1
EXHIBIT A - FUNDING SHARES*

PARTIES FUNDING SHARE

PERCENTAGES
FISCAL YEAR 2023-24
BUDGET
Costa Mesa 4.317 $56,503
County of Orange 9.296 $121,671
Irvine 31.177 $408,061
Laguna Hills 1.000 $13,089
Laguna Woods 1.000 $13,089
Lake Forest 6.402 $83,793
Newport Beach 9.452 $123,713
Orange 1.000 $13,089
Santa Ana 9.898 $129,550
Tustin 6.458 $84,526
Orange County Flood
Control District 10.000 $130,885
Irvine Ranch Water District 5.000 $65,443
Irvine Company 5.000 $65,443
Total 100 $1,308,855
*Funding shares are based on a consideration of land area and population, an equal split for some compliance responsibilities, and a minimum share of one percent.

ITEM 6.5

6.6 PAVEMENT MANAGEMENT PLAN PROJECT
(NORTHBOUND MOULTON PARKWAY

BETWEEN CALLE CORTEZ AND VIA CAMPO
VERDE)
(NO REPORT)
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8.1 LAGUNA WOODS CIVIC SUPPORT FUND
(AGENDIZED BY MAYOR PRO TEM HATCH)
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ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
ITEM 8.1
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ITEM 8.1
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8.2 CANNABIS RETAIL SALES BUSINESS

REGULATIONS
(AGENDIZED BY COUNCILMEMBER HORNE)
(NO REPORT)