CITY of LAGUNA WOODS CITY COUNCIL &
LAGUNA WOODS CIVIC SUPPORT FUND BOARD OF DIRECTORS
AGENDA
Wednesday, April 19, 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 joint meeting of the Laguna Woods City Council and Laguna Woods Civic Support Fund Board of Directors!
This meeting may be recorded, televised, broadcast, and made publicly available.
Public Comments: There are four options for public comments:
1. Make public comments in-person
2. Submit public comments in writing
3. Make public comments by telephone
4. Make public comments by computer (Zoom)
For more information, please refer to page three of this agenda.
Americans with Disabilities Act (ADA): It is the intention of the City/Laguna Woods Civic Support Fund to comply with the ADA. If you need assistance to participate in this meeting, please contact either the City Clerk’s Office/Secretary’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/Laguna Woods Civic Support Fund requests at least two business days’ notice in order to effectively facilitate the provision of reasonable accommodations.
Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special
CITY COUNCIL 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 and Laguna Woods Civic Support Fund post 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 and Laguna Woods Civic Support Fund provide notification of agenda posting and availability via email. To sign up for email notifications, please visit www.cityoflagunawoods.org/email-notifications, email [email protected], or contact the City Clerk’s Office/Secretary’s Office at (949) 639-0500/TTY (949) 639-0535. Please note that the City and Laguna Woods Civic Support Fund are 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 and Laguna Woods Civic Support Fund are 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/Secretary’s Office at (949) 639-0500/TTY (949) 639-0535.
FOR ADDITIONAL INFORMATION
For additional information, contact the City Clerk’s Office/Secretary’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, and Secretary, Laguna Woods Civic Support Fund, 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 4/14/23
YOLIE TRIPPY, CMC, City Clerk, City of Laguna Woods Date Secretary, Laguna Woods Civic Support Fund
Laguna Woods City Council Agenda 04/19/2023 Regular Page 3 of 11 Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special
OPTIONS FOR PUBLIC COMMENTS
1. Make public comments in-person. Members of the public wishing to make inperson public comments are asked, but not required, to complete and submit a speaker card to City/Laguna Woods Civic Support Fund staff. Speaker cards are available near the entrance to the meeting location. If you do not wish to submit a speaker card, or wish to remain anonymous, you may indicate your desire to speak from the floor.
Speakers are requested, but not required, to identify themselves.
2. Submit public comments in writing. Written public comments may be submitted via email ([email protected]) or delivered to 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/Laguna Woods Civic Support Fund Board of Directors at the meeting, and parties submitting written public comments are advised 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: 871 1868 2386 followed by pound (#) and the following meeting passcode: 289506 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 and Laguna Woods Civic Support Fund. No party should expect privacy of such information.
4. Make public comments by computer (Zoom).
• Visit www.zoom.us
• Click on “Join” toward the top right of the webpage
• Enter the following meeting ID: 871 1868 2386
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 289506
• 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.
Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special NOTE: ALL ACTIONS ON THIS AGENDA WILL BE TAKEN BY THE CITY COUNCIL EXCEPT WHERE OTHERWISE NOTED.
I. CALL TO ORDER
(City Council & Laguna Woods Civic Support Fund Board of Directors)
1.1 Call to Order
Introductory Note: Members of the public wishing to address the City Council/Laguna Woods Civic Support Fund Board of Directors 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/Laguna Woods Civic Support Fund 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/Laguna Woods Civic Support Fund Board of Directors on items not appearing on this agenda may do so during Item V.
1.2 Emergency Circumstances and Just Cause Teleconferencing Recommendation: Receive and act upon disclosures and requests from members of the City Council/Laguna Woods Civic Support Fund Board of Directors related to teleconferencing pursuant to California Assembly Bill 2449 (2021-2022).
II. ROLL CALL
(City Council & Laguna Woods Civic Support Fund Board of Directors) III. PLEDGE OF ALLEGIANCE
(City Council & Laguna Woods Civic Support Fund Board of Directors) IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 Community College Awareness Month – April 2023
Recommendation: Approve and present the proclamation.
4.2 Donate Life Month – April 2023
Recommendation: Approve and present the proclamation.
4.3 Presentation Regarding Providence Mission Hospital Expansion – Laguna Woods City Council Agenda 04/19/2023 Regular Page 5 of 11 Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special Seth Teigen, Chief Executive, Providence Mission Hospital Recommendation: Receive and file.
4.4 City Hall/Public Library Project Update
Recommendation: Receive and file.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
(City Council & Laguna Woods Civic Support Fund Board of Directors) About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council/Laguna Woods Civic Support Fund Board of Directors on items not appearing on this agenda. To indicate interest, please notify City/Laguna Woods Civic Support Fund 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/Laguna Woods Civic Support Fund Board of Directors is unable to take action on such items, but may engage in brief discussion, provide direction to City/Laguna Woods Civic Support Fund 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/Laguna Woods Civic Support Fund Board of Directors, City/Laguna Woods Civic Support Fund 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 the adjourned regular meeting on March 22, 2023.
6.2 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of March 2023.
6.3 Warrant Register
Recommendation: Approve the warrant register dated April 19, 2023 in the amount of $1,157,698.97.
Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special
6.4 Right of Way Certifications
Recommendation: Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING
THE CITY MANAGER TO EXECUTE RIGHT OF WAY
CERTIFICATIONS AND RELATED DOCUMENTS
NECESSARY TO OBTAIN APPROVALS FOR, AND
IMPLEMENT, FEDERAL AND/OR STATE-FUNDED
LOCAL TRANSPORTATION PROJECTS
6.5 Ridge Route Drive Landscape Project
Recommendation:
1. Approve final record plans and specifications reflecting completion of the “Ridge Route Drive Landscape Project” as prepared by the project architect.
AND
2. Accept project completion of the contract agreement with Marina Landscape, Inc. for the “Ridge Route Drive Landscape Project”.
AND
3. Release contract retention in the amount of $8,883.52 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.
Laguna Woods City Council Agenda 04/19/2023 Regular Page 7 of 11 Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special
6.6 City Hall Electric Vehicle Charging Infrastructure Project Recommendation:
1. Approve the “City Hall Electric Vehicle Charging
Infrastructure Project” design plans and specifications as prepared by the project engineer.
AND
2. Approve a notice of exemption for the “City Hall Electric Vehicle Charging Infrastructure 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. Award a contract agreement to Smart City Electric Group for the construction of the “City Hall Electric Vehicle Charging Infrastructure Project”, in the amount of $28,400, plus authorized change orders not to exceed 25% 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.
6.7 Laguna Woods Civic Support Fund
Recommendation:
1. In the capacity of the Laguna Woods Civic Support Fund Board of Directors, approve amended bylaws for the Laguna Woods Civic Support Fund.
AND
2. In the capacity of the City Council, ratify amended bylaws for the Laguna Woods Civic Support Fund.
Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special AND
3. In the capacity of the Laguna Woods Civic Support Fund Board of Directors, authorize a payment to the City of Laguna Woods in the amount of $458.75 to offset costs for maintenance of “A Place for Paws” Dog Park incurred for September 2022, with the payment drawn from funds raised by contributions restricted for use to support “A Place for Paws” Dog Park.
VII. PUBLIC HEARINGS
7.1 Site Development Permit SDP-1521 to allow for the establishment of an administrative/professional office, including construction of an approximately 4,555 square foot building and physical modifications of existing parking, landscaping, and other site features, and Sign Program SP-2022-0002 to allow for various signage at 24221 Paseo de Valencia, Laguna Woods, CA 92637 Recommendation:
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
Laguna Woods City Council Agenda 04/19/2023 Regular Page 9 of 11 Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, APPROVING SITE
DEVELOPMENT PERMIT SDP-1521 TO ALLOW FOR THE
ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE,
INCLUDING CONSTRUCTION OF AN APPROXIMATELY
4,555 SQUARE FOOT BUILDING AND PHYSICAL
MODIFICATIONS OF EXISTING PARKING,
LANDSCAPING, AND OTHER SITE FEATURES, AND
SIGN PROGRAM SP-2022-0002 TO ALLOW FOR
VARIOUS SIGNAGE AT 24221 PASEO DE VALENCIA,
LAGUNA WOODS, CA 92637, AND DETERMINING AND
CERTIFYING THAT THE SITE DEVELOPMENT PERMIT
AND SIGN PROGRAM ARE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO SECTIONS 15302 AND 15311 OF
TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS
VIII. CITY COUNCIL BUSINESS
8.1 Mobility Technology Plan
Recommendation:
1. Receive and file a presentation from Arcadis IBI Group, Inc. regarding the Mobility Technology Plan being prepared for the City as part of SCAG’s 2020-2021 Sustainable Communities Program – Smart Cities & Mobility Innovations.
AND
2. Provide input to SCAG, Arcadis IBI Group, Inc., and the City Manager regarding the preparation of the Mobility Technology Plan.
8.2 Ad Hoc Fiscal Year 2022-23 Audit Committee
Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special Recommendation: Appoint two members of the City Council to an Ad Hoc Audit Committee beginning immediately through October 18, 2023 to work with the City’s independent auditors on matters related to the Fiscal Year 2022-23 audit.
8.3 Fiscal Years 2023-25 Budget and Work Plan & Fiscal Years 2023- 34 Capital Improvement Program Development
Recommendation: Provide direction to staff.
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 Horne, Second Alternate: Mayor Conners
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
Laguna Woods City Council Agenda 04/19/2023 Regular Page 11 of 11 Laguna Woods Civic Support Fund Board of Directors Agenda 04/19/2023 Special X. CLOSED SESSION
XI. CLOSED SESSION REPORT
XII. ADJOURNMENT
(City Council & Laguna Woods Civic Support Fund Board of Directors) Next Regular City Council Meeting: Wednesday, May 17, 2023 at 2 p.m.
Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
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4.1 COMMUNITY COLLEGE AWARENESS MONTH
– APRIL 2023
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ITEM 4.1
Proclamation
City of Laguna Woods
Community College Awareness Month
April 2023
WHEREAS, South Orange County Community College District is one of the largest community college districts in the region, serving approximately 50,000+ students on three campuses—Saddleback College, Irvine Valley College, and the Advanced Technology & Education Park (“ATEP”); and
WHEREAS, South Orange County Community College District is a leader in higher education and enriches lives through learning; and
WHEREAS, South Orange County Community College District’s 350 square mile service area serves nearly one million residents; and
WHEREAS, South Orange County Community College District is a community partner through the offering of classes at 130 community sites, beyond the three campuses; and WHEREAS, South Orange County Community College District provides outstanding education through more than 400 degree and certificate programs that prepare students to fill local and high skilled workforce opportunities; and
WHEREAS, South Orange County Community College District students added 1.3 billion to the Orange County economy in 2016-2017, approximately 5% of the county’s total gross regional product; and WHEREAS, South Orange County Community College District’s impact supported 18,341 jobs in Orange County, meaning one out of every 124 jobs in Orange County is supported by the activities of South Orange County Community College District and their students; and WHEREAS, South Orange County Community College District is proud of the 50 plus years in Orange County and commitment from faculty and staff to students.
NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim April 2023 as “Community College Awareness Month” in the City of Laguna Woods and thanks the South Orange County Community College District for their service through learning.
Dated this 19th day of April, 2023
______________________________ _______________________________ Cynthia S. Conners Attest: Yolie Trippy, CMC
Mayor City Clerk
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4.2 DONATE LIFE MONTH
– APRIL 2023
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ITEM 4.2
Proclamation
City of Laguna Woods
Donate Life Month
April 2023
WHEREAS, organ, eye, and tissue donations are life-giving acts recognized worldwide as expressions of compassion to those in need; and
WHEREAS, more than 100,000 people nationwide, including more than 1,900 children under the age of 18, are waiting for a lifesaving transplant; and WHEREAS, a single donor can save the lives of up to eight people, restore sight for up to two people, and improve the lives of as many as 75 more; and WHEREAS, kidney and partial liver donations can be made while living, and other donations can be made after death; and
WHEREAS, millions of lives are saved, healed, and enhanced each year by a diverse group of organ, eye, and tissue donors, including older adults.
NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim April 2023 as “Donate Life Month” in the City of Laguna Woods and encourages its residents to consider making living donations, as well as signing up as donors with the state-authorized Donate Life California Registry.
Dated this 19th day of April, 2023
______________________________ _______________________________ Cynthia S. Conners Attest: Yolie Trippy, CMC
Mayor City Clerk
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4.3 PRESENTATION REGARDING PROVIDENCE
MISSION HOSPITAL EXPANSION
– SETH TEIGEN, CHIEF EXECUTIVE,
PROVIDENCE MISSION HOSPITAL
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Our history is rich, and
our future is bright
Seth R. Teigen, FACHE
Chief Executive
ITEM 4.3
Our History
Mission Hospital was founded on August 11, 1971, as Mission Community Hospital by a group of community physicians.
ITEM 4.3
Fast Facts
As a designated adult and pediatric Level II Trauma Center in the state of California, Providence Mission Hospital provides a full range of specialty health care services with highly skilled teams treating a multitude of complex conditions.
designated adult and pediatric Level II Trauma Center in the state of California, Providence Mission 719 Physicians 2,700 Employees/Caregivers 504 Licensed beds 77,803 Emergency Department Visits 9,694 Surgeries 2,101 Births $80 Million 452,306 Outpatient Visits
ITEM 4.3
Celebrating our Accolades
ITEM 4.3
Headwinds for Health Care
More turbulence ahead… • Rising inflation and living costs • Recruiting and retaining employees • Employee burnout • Scarcity of supplies and surging costs • Insurance reimbursement ITEM 4.3
Enhancements and New Services
New Tower • 100 private patient rooms • 11 surgical suites • Enhanced imaging to include new areas for: • X-ray • CT • Nuclear medicine • MRI • Interventional radiology • Ambulatory surgery center for non-ortho/spine • In patient behavioral health 20-bed unit Tower construction to begin in early 2025
ITEM 4.3
Enhancements and New Services
Clinical Program Development • Neuroscience • Brain/spinal tumor • Epilepsy • Neuro-oncology • Cardiovascular services • Structural heart and electrophysiology • Maternity services - expand midwifery • Digestive Health • Cancer • Orthopedics • Robotics – including general surgery, urology and gynecology
ITEM 4.3
Ambulatory Projects
New Market Growth and Expansion • Rancho Mission Viejo • San Clemente • Laguna Hills • Rancho Santa Margarita – Exer urgent care Integrated care centers: primary and specialty
care, imaging, lab and urgent care services to
provide convenient access
Multispecialty ambulatory surgery center • Off hospital license and integrated with new OR/campus • Attract and retain physicians and payors
Mission Medical Tower
New space for key subspecialty growth
ITEM 4.3
Rancho Mission Viejo
Planned services • Primary and specialty care – dermatology, OB/GYN and midwifery • High acuity urgent care • Full-service imaging • Pharmacy • Physical therapy Construction to begin in fall of 2023
ITEM 4.3
San Clemente
Planned services • Primary care • Specialty care • OB/GYN • High acuity urgent care • Full-service imaging Design and architecture to begin in
fall of 2022
ITEM 4.3
Mission Hospital Laguna Beach • Mission Hospital Laguna Beach has been serving our
coastal communities for
more than 63 years • We are steadfast in our
commitment to support
the health care needs of
Laguna Beach • Moving forward, we will be
working with the
community to determine
what our involvement looks
like in the future.
ITEM 4.3
Philanthropy
ITEM 4.3
4.4 CITY HALL/PUBLIC LIBRARY UPDATE
(NO REPORT)
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6.0 CONSENT CALENDAR SUMMARY
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ITEM 6.0
CC 04-19-2023 RM Consent Calendar Summary – AR Page 1 of 4 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: April 19, 2023 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the April 19, 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 April 19, 2023 Consent Calendar contains the following items:
6.1 Approval of the City Council meeting minutes for the adjourned regular meeting on March 22, 2023.
6.2 Approval of a motion to receive and file the City Treasurer’s Report for the month of March 2023.
6.3 Approval of the warrant register dated April 19, 2023 in the amount of $1,157,698.97. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.
ITEM 6.0
Consent Calendar Summary – AR Page 2 of 4 CC 04-19-2023 RM
6.4 Adoption of a resolution authorizing the City Manager to execute right of way certifications and related documents necessary to obtain approvals for, and implement, federal and/or state-funded local transportation projects. The authorizations included in the proposed resolution would be effective for all federal and/or state-funded location transportation projects up to three years following today’s meeting. The California Department of Transportation has requested that the City provide a current authorization resolution for its files.
6.5 [1] Approval of final record plans and specifications reflecting completion of the “Ridge Route Drive Landscape Project” as prepared by the project architect (available for review at City Hall).
AND
[2] Acceptance of project completion of the contract agreement with Marina Landscape, Inc. for the “Ridge Route Drive Landscape Project”.
AND
[3] Release of contract retention in the amount of $8,883.52 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.
The “Ridge Route Drive Landscape Project” is included in the Fiscal Years 2021-32 Capital Improvement Program.
6.6 [1] Approval of the “City Hall Electric Vehicle Charging Infrastructure Project” design plans and specifications as prepared by the project engineer (available for review at City Hall).
AND
[2] Approval of a notice of exemption for the “City Hall Electric Vehicle ITEM 6.0
CC 04-19-2023 RM Consent Calendar Summary – AR Page 3 of 4 Charging Infrastructure Project” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorization for the City Manager to cause the notice of exemption to be filed pursuant to applicable law.
AND
[3] Award of a contract agreement to Smart City Electric Group for the construction of the “City Hall Electric Vehicle Charging Infrastructure Project”, in the amount of $28,400, plus authorized change orders not to exceed 25% of the base amount; and authorization for 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.
An agenda report is included with additional information.
6.7 [1] In the capacity of the Laguna Woods Civic Support Fund Board of Directors, approval of amended bylaws for the Laguna Woods Civic Support Fund. The proposed amended bylaws (Attachment A) include modifications to reflect that the Board of Directors is now comprised of the City Council.
As proposed, the Mayor would serve as Chair and the Mayor Pro Tem would serve as Vice Chair of the Board of Directors. Meetings of the Board of Directors would be called at least annually to conduct certain necessary business. It is anticipated that efforts would be made to consolidate Board of Directors meetings with City Council meetings, as is the case with today’s joint meeting. A redline version of the proposed amended bylaws is included as Attachment B.
AND
[2] In the capacity of the City Council, ratification of amended bylaws for the Laguna Woods Civic Support Fund. The existing bylaws require the City Council’s ratification before amendments take effect. If the proposed amended bylaws are adopted and ratified at today’s meeting, this step will not be required for future bylaws amendments as the City Council now serves as the Laguna Woods Civic Support Fund Board of Directors.
AND
ITEM 6.0
Consent Calendar Summary – AR Page 4 of 4 CC 04-19-2023 RM [3] In the capacity of the Laguna Woods Civic Support Fund Board of Directors, authorization for a payment to the City of Laguna Woods in the amount of $458.75 to offset costs for maintenance of “A Place for Paws” Dog Park incurred for September 2022, with the payment drawn from funds raised by contributions restricted for use to support “A Place for Paws” Dog Park. The Laguna Woods Civic Support Fund has a fund balance of $458.75 raised from contributions to support the City’s dog park. The proposed action would authorize the payment of those funds to the City to offset dog park maintenance costs.
6.1 CITY COUNCIL MINUTES
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ITEM 6.1
March 22, 2023 1 City Council Adjourned Regular Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
ADJOURNED REGULAR MEETING
March 22, 2023
2:00 P.M.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
I. CALL TO ORDER
1.1 Call to Order
Mayor Conners called the Adjourned Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
1.2 Emergency Circumstances and Just Cause Teleconferencing – N/A II. ROLL CALL
COUNCILMEMBER: PRESENT: Horne, McCary, Moore, Hatch, Conners 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
Councilmember Horne led the pledge of allegiance.
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 American Red Cross Month – March 2023
(agendized by Councilmember Moore)
City Clerk Trippy read the proclamation.
Shishir Shah and David Engwall, American Red Cross of Orange County, made comments and responded to questions from councilmembers.
Councilmembers made comments.
ITEM 6.1
March 22, 2023 2 City Council Adjourned Regular Meeting Minutes The City Council took a brief recess at 2:14 p.m. to pose for photographs with the representatives from the American Red Cross of Orange County.
The City Council reconvened at 2:16 p.m.
4.2 City Hall/Public Library Project Update
City Manager Macon provided an update and answered related questions.
Councilmembers made comments.
Kathryn Freshley, resident, asked about conduits for electric vehicle charging.
City Manager Macon responded to Ms. Freshley’s question.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS – None
VI. CONSENT CALENDAR
Moved by Mayor Pro Tem Hatch, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 6.1 – 6.8.
6.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on February 15, 2023.
6.2 City Treasurer’s Report
Received and filed the City Treasurer’s Report for the month of February 2023.
6.3 Warrant Register
Approved the warrant register dated March 22, 2023 in the amount of $682,533.66.
6.4 Investment of Financial Assets Policy
Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, REVIEWING AND ADOPTING A
STATEMENT OF THE INVESTMENT POLICY, AND ADOPTING AN
INVESTMENT POLICY
6.5 Federal and State Disaster Financial Assistance
Adopted a resolution titled:
ITEM 6.1
March 22, 2023 3 City Council Adjourned Regular Meeting Minutes
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, REPEALING RESOLUTION NO. 20-07 AND
MAKING DESIGNATIONS AND AUTHORIZATIONS RELATED TO
APPLICATIONS FOR AND EXECUTION OF FEDERAL AND STATE
DISASTER FINANCIAL ASSISTANCE
6.6 Federal and State Disaster Financial Assistance
Approved an agreement with Great Scott Tree Service, Inc. for tree pruning and removal services and authorized the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
6.7 General Plan Annual Report
Received and filed the General Plan Annual Report covering the 2022 calendar year.
6.8 City Hall Refurbishment & Safety Project: Phase 3
1. Approved final record plans and specifications reflecting completion of the “City Hall Refurbishment & Safety Project: Phase 3” as prepared by the project architect.
AND
2. Accepted project completion of the contract agreement with US Builders & Consultants for the “City Hall Refurbishment & Safety Project: Phase 3”.
AND
3. Release contract retention in the amount of $7,907.72 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 – None
VIII. CITY COUNCIL BUSINESS
8.1 2021-2029 General Plan Housing Element Update
City Manager Macon made a presentation.
ITEM 6.1
March 22, 2023 4 City Council Adjourned Regular Meeting Minutes Councilmembers discussed the item and staff answered related questions.
Moved by Councilmember Horne, seconded by Councilmember McCary, 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, ADOPTING REVISIONS TO THE 2021-2029
GENERAL PLAN HOUSING ELEMENT, AND PROVIDING
DIRECTION AND MAKING FINDINGS RELATED TO ADOPTION OF
THE 2021-2029 GENERAL PLAN HOUSING ELEMENT PURSUANT
TO APPLICABLE STATE LAW
8.2 City Hall Waste Drop-Off Program (Personal Medication and Home-Generated Sharps Waste Disposal)
City Manager Macon made a presentation.
Councilmembers discussed the item and staff answered related questions.
Moved by Councilmember Horne, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to:
1. Authorize the City Manager to discontinue accepting unwanted personal medication at City Hall for subsequent disposal due to the implementation of California Senate Bill 212 (Jackson, Chapter 1004, Statutes of 2018), which established stewardship requirements for drug manufacturers and distributors.
AND
2. Reaffirm the City’s commitment to accepting unwanted home-generated sharps at City Hall for subsequent disposal.
8.3 Southern California Association of Governments’ 2023 General Assembly Delegate and Alternate Delegate
Mayor Conners introduced the item.
Councilmembers discussed the item and staff answered related questions.
Moved by Councilmember Horne, seconded by Mayor Conners, and carried unanimously on a 5-0 vote, to appoint Councilmember Moore to serve as delegate and Councilmember McCary to serve as alternate at the Southern California Association of Governments’ 2023 General Assembly.
8.4 Laguna Woods Civic Support Fund
(originally agendized by Mayor Pro Tem Hatch on January 18, 2023 and re-agendized by ITEM 6.1
March 22, 2023 5 City Council Adjourned Regular Meeting Minutes Councilmember Moore)
Councilmember Moore introduced the item.
Councilmembers discussed the item and staff answered related questions.
Kathryn Freshley, resident, spoke in support of holding the Laguna Woods Civic Support Fund in suspension rather than dissolving it.
The City Council reached consensus to retain the Laguna Woods Civic Support Fund in an inactive capacity. City Manager Macon advised that the City Council extend the City’s formal involvement with the Laguna Woods Civic Support Fund through April 30, 2023 to allow time for the City Council to take related actions.
Moved by Councilmember Horne, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to extend the City’s formal involvement with the Laguna Woods Civic Support Fund through April 30, 2023 and direct the Mayor to provide written notice of such extension to the Laguna Woods Civic Support Fund.
8.5 Coastal Greenbelt Authority Appointments
(agendized by Councilmember Moore)
Mayor Conners introduced the item.
Councilmember Moore stated that she is unable to serve as the first alternate on the Coastal Greenbelt Authority Board of Directors.
Moved by Mayor Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to appoint Councilmember Horne as the first alternate and Mayor Conners as the second alternate on the Coastal Greenbelt Authority Board of Directors effective immediately through December 31, 2024.
The City Council took a brief recess at 3:46 p.m.
The City Council reconvened at 3:53 p.m.
8.6 Fiscal Years 2023-25 Budget and Work Plan & Fiscal Years 2023-34 Capital Improvement Program Development
City Manager Macon made a presentation.
Councilmembers discussed the item and staff answered related questions.
Kathryn Freshley, resident, commented on the City Hall Electric Vehicle Infrastructure Project.
ITEM 6.1
March 22, 2023 6 City Council Adjourned Regular Meeting Minutes City Manager Macon responded to Ms. Freshley’s comments.
Items for follow-up by staff include:
• The possibility of installing a Level 3, instead of Level 2, charging station, as part of the City Hall Electric Vehicle Infrastructure Project • Potential landscape improvements to the El Toro Road medians between Moulton Parkway and Calle Sonora
• Potential modification of the westbound El Toro Road sidewalk between Calle Sonora and Calle Corta to create a more linear path of pedestrian travel IX. CITY COUNCIL REPORTS AND COMMENTS
9.1 Coastal Greenbelt Authority
Councilmember McCary provided a report.
Mayor Conners made comments.
9.2 Orange County Fire Authority
Mayor Pro Tem Hatch provided a report and responded to questions from Councilmember Moore and Mayor Conners.
Councilmember McCary and Mayor Conners reported on attending the Orange County Fire Authority’s Open House.
Mayor Pro Tem Hatch continued his report.
Councilmember McCary made comments.
Mayor Pro Tem Hatch made comments.
9.3 Orange County Library Advisory Board
Councilmember Moore stated that there had been no meeting since the last meeting.
9.4 Orange County Mosquito and Vector Control District
Councilmember Horne provided a report.
9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Conners provided a report and responded to a question from Mayor Pro Tem Hatch.
9.6 South Orange County Watershed Management Area
ITEM 6.1
March 22, 2023 7 City Council Adjourned Regular Meeting Minutes Councilmember Moore stated that she would provide her report at the next meeting.
Mayor Conners made comments.
9.7 Liaisons to Community Bridge Builders
Councilmember Horne provided a report.
9.8 Other Comments and Reports
Councilmember Horne reported on the California Senior Legislature.
X. CLOSED SESSION – None
XI. CLOSED SESSION REPORT – None
XII. ADJOURNMENT
The meeting was adjourned at 5:19 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, April 19, 2023 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: April 19, 2023
__________________________________
CYNTHIA S. CONNERS, Mayor
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6.2 CITY TREASURER’S REPORT
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City of Laguna Woods
City Treasurer's Report
For the Month Ended March 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
Beginning
Balances
Earnings &
Receipts Disbursements
Purchases,
Transfers &
Other
Adjustments
Ending
Balances
% of Total
Cash &
Investment
Balances
Maximum %
Allowed per
Investment
Policy
As of 2/28/23 As of 3/31/23
Cash and Cash EquivalentsAnalyzed Checking Account (Note 1) 789,288 $ 521,282 $ (1,163,225) $ 600,000 $ 747,345 $ 5.55% Cash Balances, Multi-Bank Securities (MBS) Account (Note 2 and 4) 6,926 $ 5,685 $ (7,885) $ - $ 4,727 $ 0.04% Earned Interest in Transit and Accrued Interest, MBS Account (Note 4) 15,141 $ 11,334 $ (5,685) $ - $ 20,789 $ 0.15% Petty Cash $ 106 1,394 $ (81) $ - $ 1,419 $ 0.01%
Laguna Woods Civic Support Fund Checking Account 51,002 $ 0.21 $ - $ - $ 51,002 $ 0.38% Total Cash and Cash Equivalents 863,752 $ 538,407 $ (1,176,877) $ 600,000 $ 825,282 $ 6.13% 100.00% Pooled Money Investment AccountsLocal Agency Investment Fund (LAIF - fair value) (Notes 2 and 3) 2,959,364 $ - $ - $ (1,200,000) $ 1,759,364 $ 13.07% Orange County Investment Pool (OCIP - fair value) (Notes 2 and 3) 6,822,049 $ 6,502 $ (161) $ - $ 6,828,390 $ 50.74% Total Pooled Money Investment Accounts 9,781,413 $ 6,502 $ (161) $ (1,200,000) $ 8,587,755 $ 63.82% 90.00% Investments - Interest and Income BearingCertificates of Deposit - non-negotiable (fair value) (Note 2) 3,200,489 $ - $ - $ 843,296 $ 4,043,785 $ 30.05% Total Investments - Interest and Income Bearing 3,200,489 $ - $ - $ 843,296 $ 4,043,785 $ 30.05% 90.00% TOTAL $ 544,909 13,845,654 $ (1,177,038) $ 243,296 $ 13,456,822 $ 100.00% Summary of Total Cash, Cash Equivalents, and Investments:
General Fund
Special
Revenue Funds Totals
Analyzed Checking Account (2,883,690) $ 3,631,035 $ 747,345 $ Cash Balances, MBS Account 4,727 $ - $ 4,727 $
Earned Interest in Transit and Accrued Interest, MBS Account 20,789 $ - $ 20,789 $ Petty Cash 1,419 $ - $ 1,419 $
LAIF 1,759,364 $ - $ 1,759,364 $
OCIP 6,828,390 $ - $ 6,828,390 $
Certificates of Deposit 4,043,785 $ - $ 4,043,785 $
Laguna Woods Civic Support Fund Checking Account - $ 51,002 $ 51,002 $ Totals $ 3,682,037 9,774,785 $ 13,456,822 $
(See NOTES on Page 4 of 4)
City Treasurer's Report Page 1 of 4 For the Month Ended March 31, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended March 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
CUSIP
Investment
# Issuer Term
Purchase
Date
Settlement
Date Par Value Market Value Book Value
Stated Rate
(Note 4)
Coupon
Type
1st Coupon
Date
Rating or
Rank (*)
Yield to
Maturity
365 Days
Maturity
Date
Money Funds and Certificate of Deposits (CDs, Federal Deposit Insurance Corporation [FDIC] Insured) 61760ARV3 2018-7 MORGAN STANLEY PRIVATE BK NATL 60 months 11/06/18 11/15/18 245,000 242,692 245,000 3.550 Semi-Annual 05/15/19 Green*** 3.550 11/15/23 02589AA28 2018-9 AMERICAN EXPRESS NATL 60 months 12/04/18 12/04/18 240,000 237,499 240,000 3.550 Semi-Annual 06/04/19 Green*** 3.550 12/04/2333715LCZ1 2018-10 FIRST TECHNOLOGY FED CU MTN VIEW 60 months 12/07/18 12/12/18 245,000 242,425 245,000 3.600 Monthly 01/12/19 Green*** 3.600 12/12/23 052392CK1 2022-6 AUSTIN TELCO FED CR 12 months 12/09/22 12/16/22 245,000 244,934 245,000 5.100 Monthly 01/01/23 Green*** 5.100 12/18/23 00833AAB6 2022-7 AFFINITY PLUS CR UN 12 months 12/15/22 12/27/22 245,000 244,912 245,000 5.100 Monthly 01/27/23 Green*** 5.100 12/27/23 91334AAM5 2023-3 UNITED HERITAGE CR 12 months 03/07/23 03/21/23 200,000 200,164 200,000 5.200 Monthly 03/31/23 Green*** 5.200 03/21/24 949763ZA7 2019-1 WELLS FARGO BK N A 60 months 04/09/19 04/10/19 245,000 239,480 245,000 2.850 Monthly 05/10/19 Green* 2.850 04/10/24 38150VBG3 2022-2 GOLDMAN SACHS BK USA 24 months 05/24/22 06/01/22 245,000 238,956 245,000 2.900 Semi-Annual 12/01/22 Green* 2.900 06/03/24 98138MBA7 2022-8 WORKERS FED CR UN 24 months 12/09/22 12/16/22 245,000 244,814 245,000 4.950 Monthly 01/16/23 Yellow** 4.950 12/16/24 75472RBB6 2020-1 RAYMOND JAMES BK NATL ASSN 60 months 02/06/20 02/14/20 245,000 231,015 245,000 1.750 Semi-Annual 08/14/20 Green*** 1.750 02/14/25 59013KGJ9 2020-2 MERRICK BANK 60 months 03/24/20 03/31/20 100,000 94,006 100,000 1.800 Monthly 05/01/20 Green*** 1.800 03/31/25 14042TGG6 2022-1 CAPITAL ONE BK USA NATL ASSN 36 months 05/24/22 05/25/22 245,000 235,857 245,000 3.100 Semi-Annual 11/25/22 Green* 3.100 05/27/25 59524LAA4 2023-1 MID CAROLINA CR UN 36 months 03/07/23 03/13/23 200,000 200,482 200,000 4.850 Monthly 04/13/23 Green*** 4.850 03/13/26 23204HNV6 2023-4 CUSTOMERS BK 36 months 03/30/23 03/31/23 245,000 245,676 245,000 5.000 Semi-Annual 09/30/23 Green** 5.000 03/31/26 32022RRG4 2022-4 1ST FINL BK USA 48 months 06/15/22 06/24/22 245,000 232,174 245,000 3.150 Monthly 07/24/22 Green* 3.150 06/24/26 50625LBN2 2022-3 LAFAYETTE FED CR 60 months 05/24/22 06/15/22 245,000 229,636 245,000 3.250 Monthly 07/15/22 Green*** 3.250 06/15/27 14042RUX7 2022-5 CAPITAL ONE NATL ASSN 60 months 10/06/22 10/13/22 245,000 241,259 245,000 4.500 Semi-Annual 04/13/23 Green* 4.500 10/13/27 90355GCE4 2023-2 UBS BANK USA 60 months 03/07/23 03/08/23 200,000 197,804 200,000 4.600 Monthly 04/08/23 Green* 4.600 03/08/28 Accrued Interest - Month End 20,789Total CDs 4,125,000 4,064,574 4,125,000 Table 1: CD Rankings (used prior to September 2017)
IDC Rank Group Meaning
Veribanc
Rank
200-300 Superior Green165-199 Excellent Yellow125-164 Average Red 75-124 Below Average
2-74 Lowest Ratios
1 Highest Probability of Failure
Government Pooled Money Investment Accounts (PMIA) (Notes 2 and 3) N/A N/A Local Agency Investment Fund (LAIF) N/A Various Various 1,771,485 1,759,364 1,771,485 Note 3 Quarterly N/A N/A N/A N/AN/A N/A Orange County Investment Pool (OCIP) N/A Various Various 6,971,881 6,828,390 6,971,881 Note 3 Monthly N/A N/A N/A N/A Total PMIA 8,743,366 8,587,755 8,743,366
(See NOTES on Page 4 of 4)
Merits close attention, does not meet minimal qualifications for equity and has incurred significant losses (*) At the time of purchase and until September 2017, CDs were rated or ranked using an IDC Financial Publishing, Inc. (IDC) compiled ranking, and includes a one-number summary rank of quality comprised of 35 key financial ratios. Ranks range from 1 (the lowest) to 300 (the highest) and fall into one of the following six groups per Table 1. Post September 2017, CDs are ranked using the Veribanc Rating System, a two-part color code and star classification system which tests the present standing and future outlook by reviewing an institution's capital strength, asset quality, management ability, earnings sufficiency, liquidity, and sensitivity to market risk. Table 2 below summarizes the Veribanc color rankings. Veribanc star ratings of one to three, with three being best, are used to help review a possible future trend of an institutions health based on metrics from ten prior quarters. A rating of one, two, or three, are not necessarily an indicator of risk or an undesirable investment. The City reviews other rating systems and issuer financials before choosing any investment.
Table 2: Veribanc Color Rankings (used beginning in September 2017) Color Meaning
Highest rating, exceeds qualifications in equity and income tests Merits attention, meets minimal qualifications in equity and income tests City Treasurer's Report Page 2 of 4 For the Month Ended March 31, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended March 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
Beginning
Balances
Contributions /
(Withdrawals)
Administrative
Fees &
Investment
Expense
Unrealized
Gain / (Loss)
Ending
Balances
As of 2/28/23 As of 3/31/23
Other Post-Employment Benefits (OPEB) TrustCalPERS California Employers' Retiree Benefit Trust (CERBT) (Note 2) 126,953 $ - $ (9) $ 2,622 $ 129,567 $ (CERBT holds all assets and administers the OPEB Trust) Employer Pension Contributions TrustCalPERS California Employers' Pension Prefunding Trust (CEPPT) (Note 2) - $ - $ - $ - $ - $ (CEPPT holds all assets and administers the Employer Pension Contributions Trust) Total Other Funds - Held in Trust 126,953 $ - $ (9) $ 2,622 $ 129,567 $ (See NOTES on Page 4 of 4)
City Treasurer's Report Page 3 of 4 For the Month Ended March 31, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended March 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
Notes:
OPEB Trust / The City made no contributions to or withdrawals from the OPEB Trust. The OPEB Trust experienced a net gain of $2,613.15 in March 2023.Employer Pension Contributions Trust / In April 2021, the City elected to participate in the CEPPT. The City has not yet made contributions to the CEPPT.
Pool
Earnings
Post
Prior Period
Earnings
Deposited
Deposit for Period
Ended
Current
Month /
Quarter
Gross Yield
Current Month / Quarter
Earnings Will Post
LAIF Quarterly $0.00 See Notes See Notes April 2023
OCIP Monthly $6,501.89 December 2022 See Notes See Notes City Treasurer's CertificationI, Elizabeth Torres, City Treasurer, do hereby certify:
y That all investment actions executed since the last report have been made in full compliance with the City's Investment of Financial Assets Policy; andy That the City is able to meet all cash flow needs which might reasonably be anticipated for the next 12 months.
Elizabeth Torres, City Treasurer
Notes
Total pool interest yield for March 2023 was 2.831% and the City's yield will be slightly lower based on allocation ratios and administrative fees to be deducted.Interest is posted three months in arrears and fees are posted monthly. Accrued interest pending payment at March 31, 2023 was $43,982.92. March 31, 2023 interest rate was 3.283% and fees were 0.030%, for a net yield of 3.253%.
Note 4 - CDs / The stated earnings rate for CDs is a fixed rate for the full term. The City earned interest of $5,685.47 and transferred out $7,884.98 in cash balances to the City's checking account in March 2023. Cash balances to be invested or paid out are classified separately on page 1 of 4. The City's portfolio also has $20,789.09 in accrued interest, not yet vested.Note 1 - Analyzed Checking Account / Monthly activity reported does not reflect March 2023 vendor invoicing processed after the date of this report. The Customers Bank CD noted in Note 2 below settled on March 31, however, the funds in the amount of $245,000 were withdrawn from the checking account on April 3.Note 2 - During March 2023, transaction activity in pooled money investment accounts, investment accounts and fiduciary trusts included:
LAIF / The City made no deposits to the LAIF account and withdrew $1,200,000, which was deposited in the City's checking account for cash flow and investment purposes. The balance includes an adjustment in the amount of ($12,120.51) to reflect the fair market value of the investment at June 30, 2022.OCIP / The City made no deposits to or withdrawals from the OCIP account. The balance includes an adjustment in the amount of ($143,491.10) to reflect the fair market value of the investment at June 30, 2022.Investments / There were no maturities of investments. The City invested $845,000 cash balance in four Certificates of Deposit: $200,000 in a Mid Carolina Credit Union Certificate of Deposit for a 36 month term at a 4.850% yield rate, $200,000 in a UBS Bank USA Certificate of Deposit for a 60 month term at a 4.600% yield rate, $200,000 in a United Heritage Credit Certificate of Deposit for a 12 month term at a 5.200% yield rate, and $245,000 in a Customers Bank Certificate Deposit for a 36 month term at a 5.000% yield rate. Investments were adjusted in the amount of ($1,703.60) to report balances at fair market value as of March 31, 2023.
Note 3 - Investment earnings on pooled money investment accounts deposited and reported in March 2023 net of related fees were:
City Treasurer's Report Page 4 of 4 For the Month Ended March 31, 2023 Digitally signed by Elizabeth Torres Date: 2023.04.13 16:13:06 -07'00'
6.3 WARRANT REGISTER
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ITEM 6.3
Date Vendor Name Description Amount
Debit Automatic Bank Debits:
Debit 03/01/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / February 2023 230.33Debit 03/01/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / February 2023 116.67Debit 03/01/2023 ADP TAX Payroll Taxes / Pay Period Ended 02/24/2023 9,478.75Debit 03/01/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 02/24/2023 20,526.86Debit 03/02/2023 BUSINESS PLANS Employee Benefit Program / February 2023 5.00Debit 03/02/2023 GLOBAL PAYMENTS / OPEN EDGE Credit Card Processing Fees / February 2023 986.74Debit 03/02/2023 AUTHORIZE.NET Online Credit Card Processing Fees / February 2023 12.00Debit 03/02/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 02/24/2023 1,520.00Debit 03/02/2023 DELTA DENTAL OF CALIFORNIA Employee Benefit Program / March 2023 472.44Debit 03/08/2023 NAVIA BENEFIT SOLUTIONS, INC 125 Cafeteria Plan Administration / February 2023 100.00Debit 03/09/2023 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / March 2023 74.50Debit 03/10/2023 ADP PAYROLL SERVICES Payroll Processing Fees / Pay Periods Ended 01/27/2023 & 02/10/2023 & 2/24/2023 639.04Debit 03/10/2023 COUNTY OF ORANGE - SHERIFF Law Enforcement Services / March 2023 258,561.22Debit 03/13/2023 CALPERS - HEALTH Employee Benefit Program / March 2023 7,847.63Debit 03/14/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 02/10/2023 3,157.92Debit 03/14/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 02/10/2023 1,733.84Debit 03/14/2023 U.S. BANK Bank Service Charges / February 2023 54.55Debit 03/15/2023 ADP TAX Payroll Taxes / Pay Period Ended 03/10/2023 9,185.39Debit 03/15/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 03/10/2023 20,188.74Debit 03/17/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 03/10/2023 1,520.00Debit 03/22/2023 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / Calendar Year 2023 1,000.00Debit 03/23/2023 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / March 2023 50.00Debit 03/28/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 02/24/2023 3,157.93Debit 03/28/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 02/24/2023 1,707.22Debit 03/29/2023 ADP TAX Payroll Taxes / Pay Period Ended 03/24/2023 9,331.07Debit 03/29/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 03/24/2023 20,683.01Debit 03/30/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 03/24/2023 1,520.00Debit 03/31/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / March 2023 230.33Debit 03/31/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / March 2023 116.67 Check
Number Warrants:
6498 03/03/2023 ABOUND FOOD CARE Edible Food Recovery Program Services / January - February 2023 761.84 6499 03/03/2023 ACC BUSINESS City Hall Internet Service / January 2023 608.666500 03/03/2023 CIVIL SOURCE Engineering Services / January 2023 10,190.006501 03/03/2023 PETTY CASH Replenish Petty Cash / February 2023 - 6502 03/03/2023 PORT 53 TECHNOLOGIES, INC. Computer Equipment 4,162.32 6503 03/03/2023 PV MAINTENANCE INC Street, City Hall & Park Maintenance / January 2023 10,772.796504 03/03/2023 RUTAN & TUCKER, LLP Legal Services / January 2023 4,095.006505 03/03/2023 SOUTHERN CALIFORNIA EDISON Street Lighting - Residential / January 2023 2,901.976506 03/03/2023 VIDIFLO, LLC Audio Visual Services 4,367.79 6507 03/10/2023 360CIVIC Website Hosting / February 2023 200.00 6508 03/10/2023 AT&T Telephone / 458-3487 / February 2023 47.30 6509 03/10/2023 AT&T Telephone / 639-0500 / February 2023 233.15 6510 03/10/2023 AT&T Telephone / 452-0600 / February 2023 2,617.87 6511 03/10/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / January - February 2023 39,199.34 6512 03/10/2023 BUREAU VERITAS NORTH AMERICA INC Building Plan Review Services / December 2022 9,073.75
CITY OF LAGUNA WOODS
WARRANT REGISTER
April 19, 2023
This Report Covers the Period 03/01/2023 through 03/31/2023 1 of 3
ITEM 6.3
Date Vendor Name Description Amount
CITY OF LAGUNA WOODS
WARRANT REGISTER
April 19, 2023
This Report Covers the Period 03/01/2023 through 03/31/2023 6513 03/10/2023 CIVICPLUS, LLC Municode Online Renewal / April 2023 - March 2024 500.006514 03/10/2023 DATA TICKET, INC Citation Processing / January 2023 1.28 6515 03/10/2023 EL TORO WATER DISTRICT Water Service / December 2022 - January 2023 4,674.316516 03/10/2023 G2 CONSTRUCTION, INC Catch Basin Cleaning / February 2023 2,200.00 6517 03/10/2023 HARDY & HARPER, INC Pavement Management Plan Project 12,178.23 6518 03/10/2023 IBUILD SPECTRUM INC. City Hall/Public Library Project 317,622.40 6519 03/10/2023 INTERWEST CONSULTING GROUP Building Official, Permit Counter & Inspection Services / November 2022 & January - February 2023 167,197.50 6520 03/10/2023 KONE INC. City Hall Elevator Maintenance / March 2023 225.006521 03/10/2023 MARINA LANDSCAPE, INC. Ridge Route Drive Landscape Project 52,485.71 6522 03/10/2023 ORANGE COUNTY REGISTER-NOTICES Public Notices / February 2023 396.80 6523 03/10/2023 ORANGE COUNTY TREASURER General Election Services / November 2022 35,645.49 6524 03/10/2023 PARK CONSULTING GROUP, INC Software Consulting Services / January - February 2023 8,137.506525 03/10/2023 PRACTICAL DATA SOLUTIONS IT Support Services / February 2023 7,549.95 6526 03/10/2023 PROTELESIS Telephone System Maintenance 205.006527 03/10/2023 PV MAINTENANCE INC Street, City Hall & Park Maintenance / February 2023 8,737.176528 03/10/2023 RJM DESIGN GROUP Landscape Architect Services 1,535.006529 03/10/2023 SOUTHERN CALIFORNIA EDISON Electric Services / January - February 2023 6,940.056530 03/10/2023 STAPLES Office & Janitorial Supplies 194.06 6531 03/10/2023 WILLDAN ENGINEERING Code Enforcement Services / December 2022 - January 2023 3,990.006532 03/24/2023 AT&T White Pages / March 2023 4.63 6533 03/24/2023 AT&T Telephone / 581-9821 / February 2023 171.98 6534 03/24/2023 BALLIET, MICHAEL Waste Management Consulting Services / October 2022 - January 2023 5,125.006535 03/24/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / February 2023 3,149.94 6536 03/24/2023 BROWN ARMSTRONG ACCOUNTANCY CORPORATION Audit Services / Fiscal Year 2021-22 1,200.006537 03/24/2023 CALIFORNIA YELLOW CAB Taxi Voucher Services / February 2023 535.006537 03/24/2023 CALIFORNIA YELLOW CAB NEMT Taxi Voucher Services / February 2023 408.006538 03/24/2023 COASTAL CURRENT ELECTRIC Building Permit Refund 99.006539 03/24/2023 COUNTY OF ORANGE Automated Fingerprint ID System / March 2023 613.006540 03/24/2023 DEPARTMENT OF JUSTICE Fingerprinting Services / February 2023 32.00 6541 03/24/2023 FHI CONSTRUCTION Waste Diversion Deposit Refund 900.00 6542 03/24/2023 FUSCOE ENGINEERING, INC. Engineering Services 3,651.25 6543 03/24/2023 IRWIN B BORNSTEIN, CPA Financial Consulting Services / February 2023 700.006544 03/24/2023 ITERIS, INC Traffic Engineering / December 2022 - February 2023 9,300.006545 03/24/2023 MARC DONOHUE Administrative Services / March 2023 150.006546 03/24/2023 MICHAEL BAKER INTERNATIONAL Planning Services / February 2023 5,056.50 6547 03/24/2023 READY RUBBER STAMPS Office Supplies 96.87 6548 03/24/2023 RICOH USA, INC. Office Supplies 86.00
6549 03/24/2023 RICOH USA, INC. Copier Lease / April 2023 246.57 6550 03/24/2023 SOUTHERN CALIFORNIA GAS COMPANY Gas Service - City Hall / February 2023 750.66 6551 03/24/2023 SOUTHERN CALIFORNIA SHREDDING, Shredding Services / February 2023 400.00 6552 03/24/2023 TONY'S LOCKSMITH & SAFE SERV. City Hall Maintenance 397.40 6553 03/24/2023 TRIPEPI, SMITH AND ASSOCIATES, INC. Audio Visual Production Support Services / February 2023 641.256554 03/24/2023 U.S. BANK Credit Card Charges (expenditures reported separately - see note 3) 6,397.196555 03/24/2023 VERIZON WIRELESS Building iPads Data Plans / February 2023 120.03 6556 03/24/2023 WM CURBSIDE, LLC HHW, Medicine & Sharps Program / February 2023 3,811.456557 03/30/2023 ADT COMMERCIAL Fire & Security Monitoring / April - June 2023 261.606558 03/30/2023 BALLIET, MICHAEL Waste Management Consulting Services / March 2023 625.006559 03/30/2023 BOUTWELL FAY LLP Legal Services / February 2023 212.50 2 of 3
ITEM 6.3
Date Vendor Name Description Amount
CITY OF LAGUNA WOODS
WARRANT REGISTER
April 19, 2023
This Report Covers the Period 03/01/2023 through 03/31/2023 6560 03/30/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / March 2023 337.056561 03/30/2023 CALIFORNIA DEPT. OF TAX & FEE ADMINISTRATION Use Tax Filing / Calendar Year 2022 49.00 6562 03/30/2023 CIVIL SOURCE Engineering Services / February 2023 9,635.006563 03/30/2023 MANAGED HEALTH NETWORK Employee Benefit Program / April 2023 16.72 6564 03/30/2023 NADIA COOK Document Recording Fee Reimbursement 501.88 6565 03/30/2023 PROTELESIS Telephone System Maintenance 325.006566 03/30/2023 RCI IMAGE SYSTEMS Document Scanning Services 3,399.45 6567 03/30/2023 SOUTHERN CALIFORNIA EDISON Street Lighting - Residential / February 2023 2,715.406568 03/30/2023 VISION SERVICE PLAN OF AMERICA Employee Benefit Program / April 2023 129.576569 03/30/2023 YUNEX LLC Traffic Signal Maintenance / February 2023 1,592.00 Total Bank Debits and Warrants: $ 1,157,698.97
TOTAL $ 1,157,698.97
NOTES:Note 1 - City Councilmembers are eligible to receive either a salary or vehicle reimbursement allowance in the amount of $300 per month ($3,600 per year). Suchcompensation is included in the City's regular payroll (see "ADP Payroll Services" under "Automatic Bank Debits"), unless waived by the Councilmember. For themonth of March 2023, the following Councilmembers received compensation in the amount of $300: Conners, Hatch, Horne, and McCary.Note 2 - Petty cash is reported as cash is paid out, not when the fund is replenished. No petty cash transactions were paid during this time period. The petty cash replenishment on March 3, 2023 was to replenish the overdrawn cash drawers for taxi voucher refunds. Note 3 - The table below summarizes credit card expenditures paid via Check #6554 to U.S. Bank totaling $6,397.19:
Microsoft Office 365 Subscription $162.00
Adobe Computer Software $119.95
GoTo Computer Software $1,539.99
Microsoft Office 365 Online Services $462.50
Adobe Computer Software $17.93
Contract Safe Computer Software $3,767.58
Indeed Job Posting $77.72
USPS Postage $8.13
GoDaddy Domain Renewal $60.32GoDaddy Computer Software $71.88 Home Depot Office Supplies $75.41
J & M Trophies Plaque $23.71J & M Trophies Name Badge $10.07 Total Credit Card Reimbursement: $6,397.19
Administrative Services Director/City Treasurer's CertificationI, Elizabeth Torres, Administrative Services Director / City Treasurer, do hereby certify:
y That the City is able to meet all cash flow needs which might reasonably be anticipated for the next 12 months; andy That the City is in compliance with California Government Code Section 27108.
Elizabeth Torres, Administrative Services Director/City Treasurer y In accordance with California Government Code Section 37202, I hereby certify to the accuracy of the demands on cash summarized within; 3 of 3
Digitally signed by Elizabeth Torres Date: 2023.04.13 16:32:18 -07'00' This page is intentionally blank.
6.4 RIGHT OF WAY CERTIFICATIONS
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ITEM 6.4
R 23-XX 1 XX-XX-2023
RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE RIGHT OF WAY CERTIFICATIONS AND RELATED
DOCUMENTS NECESSARY TO OBTAIN APPROVALS FOR, AND
IMPLEMENT, FEDERAL AND/OR STATE-FUNDED LOCAL
TRANSPORTATION PROJECTS
WHEREAS, when federal and/or state funds are used for local transportation projects, the local agency may be required to execute right of way certifications and related documents on forms and in manners prescribed by the California Department of Transportation; and
WHEREAS, the City Council may adopt a resolution providing one or more City officials with the authority to execute right of way certifications and related documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to approve and execute all right of way certifications and related forms, applications, and agreements necessary to obtain approvals for, and implement, federal- and/or state-funded local transportation projects.
SECTION 2. This resolution is a universal resolution and is effective for all local transportation projects up to three years following its date of adoption.
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 2023. _______________________________
CYNTHIA S. CONNERS, Mayor
ITEM 6.4
R 23-XX 2 XX-XX-2023
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. 23-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 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
6.5 RIDGE ROUTE DRIVE LANDSCAPE PROJECT
(NO REPORT)
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6.6 CITY HALL ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE PROJECT
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ITEM 6.6
CC 04-19-2023 RM ITEM 6.6 – AR Page 1 of 3
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: April 19, 2023 Regular Meeting
SUBJECT: City Hall Electric Vehicle Charging Infrastructure Project Recommendation
1. Approve the “City Hall Electric Vehicle Charging Infrastructure Project” design plans and specifications as prepared by the project engineer.
AND
2. Approve a notice of exemption for the “City Hall Electric Vehicle Charging Infrastructure 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. Award a contract agreement to Smart City Electric Group for the construction of the “City Hall Electric Vehicle Charging Infrastructure Project”, in the amount of $28,400, plus authorized change orders not to exceed 25% 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.
Background
The City Hall Electric Vehicle Charging Infrastructure Project (“project”) is ITEM 6.6
ITEM 6.6 – AR Page 2 of 3 CC 04-19-2023 RM
included in the Fiscal Years 2021-32 Capital Improvement Program. The project consists of, but is not limited to, the installation of a complete functioning ChargePoint CT40000 dual electric vehicle charging station provided by the City.
Work also includes, but is not limited to, constructing foundation, and installing signage and legend striping.
The ChargePoint CT40000 dual electric vehicle charging station is considered a Level 2 commercial charging station and includes ports that allow two vehicles to charge simultaneously. According to the U.S. Department of Transportation, Level 2 charging stations can charge a battery electric vehicle (“BEV”) from empty in 4- 10 hours and a plug-in hybrid electric vehicle (“PHEV”) from empty in 1-2 hours.
At the adjourned regular meeting on March 22, 2023, Councilmembers inquired about the possibility of installing a Level 3 charging station (direct current fast charging station) instead of a Level 2 charging station. Staff subsequently spoke with an electrical engineer. Level 3 charging stations require 480V/3PH power, which is not currently available at City Hall. While it is possible to upgrade City Hall’s electric service to accommodate Level 3 charging stations, staff recommends proceeding with the installation of a Level 2 charging station both in the interest of time and to not jeopardize the availability of the $50,000 in Clean Transportation FundingTM 2017 Local Government Partnership Program funds allocated to this project. Staff would plan to more specifically identify opportunities to transition to Level 3 charging stations as part of future capital improvement programs.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on the City Hall Electric Vehicle Charging Infrastructure Project. Staff recommends that the City Council take the following three actions to allow construction to proceed:
Recommendation 1
Approval of the project design plans and specifications as prepared by the project engineer (NV5 Global, Inc). The design plans and specifications are available for review at or from the City Clerk’s Office, Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637. Telephone: (949) 639-0500. Email:
[email protected].
ITEM 6.6
CC 04-19-2023 RM ITEM 6.6 – AR Page 3 of 3
Recommendation 2
Approval of a notice of exemption for the project (Attachment A) finding that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) and authorization for the City Manager to cause the notice of exemption to be filed pursuant to applicable law.
Recommendation 3
Award of a contract agreement to Smart City Electric Group for the construction of the project, in the amount of $28,400, plus authorized change orders not to exceed 25% of the base amount; and authorization for 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.
Bids to construct the project were solicited from March 16, 2023 through April 6, 2023. Four bids were received (see Table 1). After review, Smart City Electric Group is the lowest cost responsive bidder.
Table 1: Bids Received
Bidder Bid Amount
Baran Electric $52,810
Industrial Pro Power Services $31,435
Smart City Electric Group $28,400
U.S. Builders and Consultants, Inc. $38,000
It is presently anticipated that construction will be complete within 21 calendar days of the date the City issues a Notice to Proceed to the selected contractor.
Environmental Review
The project is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, sections 15301 and 15303. For additional information, refer to the proposed notice of exemption (Attachment A).
Fiscal Impact
Sufficient funds to support this project are included in the City’s budget.
Attachment: A – Proposed Notice of Exemption
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Recording requested by City of Laguna Woods
When recorded, mail to City of Laguna Woods,
24264 El Toro Road, Laguna Woods, CA 92637.
(949) 639-0500
Exemption Code 6103
NOTICE OF EXEMPTION
To: County of Orange
Orange County Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92701
From: City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
(949) 639-0500
Project Title: City Hall Electric Vehicle Charging Infrastructure Project Project Applicant: City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
(949) 639-0500
Project Location – Specific: The project is located at Assessor’s Parcel Number (APN) 621- 121-29 on the south side of El Toro Road east of Moulton Parkway. The specific address is: 24266 El Toro Road Laguna Woods, CA 92637. APN 621-121-29 also includes a building addressed as 24264 El Toro Road, Laguna Woods, CA 92637, which is involved in the project.
Project Location – City: Laguna Woods, California Project Location – County: Orange Description of Nature, Purpose, and Beneficiaries of Project: The project consists of, but is not limited to, the installation of a complete functioning ChargePoint CT40000 dual electric vehicle charging station provided by the City. Work also includes but is not limited to, constructing foundation, and installing signage and legend striping.
The project is intended to support the expanded use of alternatively fueled vehicles in and around Laguna Woods. The charging station will be available to members of the public.
Name of Public Agency Approving Project: City of Laguna Woods Name of Person or Agency Carrying Out Project: City of Laguna Woods Exempt Status:
X Categorical Exemption (Sec. 15301 and Sec. 15303)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
ITEM 6.6 - Attachment A
NOTICE OF EXEMPTION
CITY HALL ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECT
CITY OF LAGUNA WOODS
Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Ministerial (Sec. 21080(b)(1); 15268)
Statutory Exemption
Not Subject to CEQA (Sec. 15061(b)(3))
Reasons Why Project is Exempt: The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15301 (Class 1, Existing Facilities). Section 15301 exempts from environmental review the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Subsection (a) of Section 15301 provides the following as non-exclusive examples of types of “existing facilities,” “Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.” The project consists only of minor alterations of an existing public parking lot with no increase in the size of the parking lot, number of parking spaces, or principal use of the parking lot. The project adds infrastructure to allow two existing parking spaces to be used for electric vehicle charging while parked. Based on the scope of work, the project meets the criteria for Class 1 categorical exemption.
The project is also categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15303 (Class 3, New Construction or Conversion of Small Structures). Section 15303 exempts from environmental review the “construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” Subsection (d) of Section 15303 provides the following as nonexclusive examples of types of “new construction or conversion of small structures,” “Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction.” The project includes electrical utility extensions to serve the new electric vehicle charging station. Subsection (e) of Section 15303 provides the following as non-exclusive examples of types of “new construction or conversion of small structures,” “Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.” The project includes the addition of an electric vehicle charging station, which is accessory to the civic and government uses at the project location. Based on the scope of work, the project meets the criteria for Class 3 categorical exemption.
Lead Agency Contact Person:
Signature: Date:
Rebecca M. Pennington, Development Programs Analyst
City of Laguna Woods
Date Received for Filing at OPR:
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
ITEM 6.6 - Attachment A
6.7 LAGUNA WOODS CIVIC SUPPORT FUND
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ITEM 6.7 – Attachment A
BYLAWS OF
LAGUNA WOODS CIVIC SUPPORT FUND
Certificate of Secretary
I, Yolie Trippy, certify that I am the duly appointed and acting Secretary of the Laguna Woods Civic Support Fund, a California Nonprofit Public Benefit Corporation, that the Bylaws attached hereto, consisting of eleven (11) pages, are the bylaws of this Corporation as adopted by the Board of Directors on April 19, 2023 and ratified by the City Council of the City of Laguna Woods on April 19, 2023, and that they have not been amended or modified since such adoption and ratification.
Executed on April 19, 2023 at Laguna Woods, California.
YOLIE TRIPPY, Secretary
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 1 of 11
BYLAWS OF
LAGUNA WOODS CIVIC SUPPORT FUND
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes.
ADOPTED ON APRIL 19, 2023
1. Name of Corporation
1.1. The name of this Corporation shall be “Laguna Woods Civic Support Fund.”
1.2. The business of this Corporation may be done under business names other than that which is set forth in Section 1.1. of these Bylaws; provided, however, that both the decision to conduct business under other business names and the selection of any such other business names shall be subject to a majority vote of the Board of Directors at a duly noticed public meeting thereof.
2. Principal Office of Corporation
2.1. The principal office for the transaction of the activities and affairs of this Corporation shall be located at such location within the City of Laguna Woods as the Board of Directors may designate by resolution. Initially, and until such time as otherwise designated by resolution, the principal office of this Corporation shall be 24264 El Toro Road, Laguna Woods, California 92637. Any change of the principal office shall be noted on these Bylaws opposite this Section 2 or, alternatively, these Bylaws may be amended to state the new principal location.
3. Purpose of Corporation
3.1. The specific and primary purpose of this Corporation shall be to raise and distribute funds to support programs, projects, and services of the City of Laguna Woods, as well as to function as a “friends of the library” group in support of the Laguna Woods branch of the County of Orange’s public library system. The act of distributing funds shall be interpreted broadly and shall include making donations to the City of Laguna Woods, County of Orange, or other organizations, as well as contracting for or otherwise providing services to third parties consistent with the purpose set forth in this Section 3.
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 2 of 11
3.2. Programs, projects, and services for which this Corporation may raise and distribute funds shall include, but not be limited to, those pertaining to public art, cultural affairs, human relations, social services, recreation, transportation, public parks, public infrastructure, public safety, and economic development (e.g., business attraction, retention, and promotion) in the City of Laguna Woods, as well as library services provided at the Laguna Woods branch of the County of Orange’s public library system.
3.3. All programs, projects, and services for which this Corporation raises or distributes funds shall be available to or benefit residents of the City of Laguna Woods, irrespective of which residential community they reside in.
3.4. The general purposes of this Corporation are the following:
a) To receive, hold, and disburse gifts, bequests, devises, grants, and other funds to accomplish its specific and primary purpose;
b) To enter into, make, and perform, and carry out contracts which are deemed necessary to accomplish its specific and primary purpose; and c) To own, lease, and maintain real and personal property which is deemed necessary to accomplish its specific and primary purpose.
3.5. This Corporation shall not, except to an insubstantial degree in conformance with applicable laws, engage in any activities or exercise any powers that are not in furtherance of its purpose as set forth in this Section 3.
4. Limitations on Corporate Activities
4.1. This Corporation shall be organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, as may be amended from time to time (“Code”). This Corporation shall not carry on any activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Code or by a corporation whose contributions are deductible under Section 170(c)(2) of the Code.
4.2. This Corporation shall be organized and operated as a nonprofit public benefit corporation within the meaning of California Nonprofit Public Benefit Corporation Law (set forth at California Corporation Code Section 5110 et seq.), as may be amended from time to time or replaced by a successor statute. Corporate activities shall conform to the requirements thereof.
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 3 of 11
4.3. This Corporation is expressly prohibited from each of the following:
a) Activities to raise or distribute funds for programs, projects, or services that are not offered or provided by the City of Laguna Woods or supportive of the Laguna Woods branch of the County of Orange’s public library system. b) Activities to raise or distribute funds for programs, projects, or services that certain City of Laguna Woods residents may be precluded from based on which residential community they reside in (e.g., programs, projects, and services that are only available to residents of a particular residential community).
c) Activities to participate in, intervene in, or attempt to influence any political campaign on behalf of or in opposition to any candidate for public or private elected or appointed office, legislation, ballot measure, initiative, or similar voted matter (e.g., publication or dissemination of materials with the purpose of attempting to influence legislation). This Corporation shall be nonprofit and nonpartisan.
d) Activities to raise or distribute funds for religious organizations or religious purposes.
5. Members of the Board of Directors of Corporation
5.1. Subject to these Bylaws and federal and state law, all corporate powers shall be exercised by or under the authority of, and the business and affairs of this Corporation shall be controlled and conducted by, the Board of Directors.
5.2. The authorized number of members of the Board of Directors of this Corporation (“Directors”) shall be not less than three and not more than five. The members of the City Council of the City of Laguna Woods shall serve as the Board of Directors, unless precluded by Section 5.3 of these Bylaws.
5.3. No person serving on the Board of Directors shall at any time be an interested person. An interested person is (i) any person being compensated by this Corporation for services rendered to it within the previous twelve (12) months, whether as a fulltime or part-time employee, independent contractor, or otherwise, excluding any reimbursement paid to a Director for reasonable and necessary expenses incurred on behalf of this Corporation or (ii) any brother, sister, mother, father, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. Violations of the provisions of ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 4 of 11
this Section 5.3 shall not affect the validity or enforceability of any transaction entered into by this Corporation.
6. Actions of the Board of Directors of Corporation
6.1. The Board of Directors shall meet a minimum of once a year at the principal office of this Corporation or at such other location within the City of Laguna Woods selected by the Board of Directors in accordance with Section 2.1 of these Bylaws.
The Board of Directors shall have no standing regular meetings; however, the Chair of the Board of Directors or a majority of the members of the Board of Directors shall have the ability to call a meeting of the Board of Directors, subject to noticing and other requirements set forth in the Ralph M. Brown Act.
6.2. All meetings of the Board of Directors and standing committees thereof shall comply with the noticing and other requirements of the Ralph M. Brown Act.
6.3. A majority of Directors shall constitute a quorum to conduct business, except to adjourn. The majority of the quorum present at a duly noticed public meeting may take action and such action shall be an act of the Board of Directors, subject to the more stringent provisions of this Corporation’s articles of incorporation and the California Nonprofit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) appointment of committees, and (iii) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of one or more Directors from the meeting, provided that actions are approved by at least a majority or two-third majority of the required quorum for that meeting, as may be required by these Bylaws. A majority of the Directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting shall be given in accordance with the Ralph M. Brown Act.
6.4. This Corporation shall not compensate Directors for their services, but may reimburse Directors for their reasonable and necessary expenses incurred on behalf of this Corporation, in accordance with such rules, standards, and procedures as may be established by a majority vote of the Board of Directors at a duly noticed public meeting. For the purpose of this Section 6.4, compensation provided to members of the City Council of the City of Laguna Woods pursuant to Laguna Woods Municipal Code Section 2.02.010 shall not be considered compensation.
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 5 of 11
6.5. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the articles of incorporation and these Bylaws, the business and affairs of this Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors; provided, however, that in order to preserve the nonprofit status of this Corporation, neither the Board of Directors nor any member thereof shall do any act, or authorize or suffer the doing of any act by an officer of this Corporation, on behalf of this Corporation, which is inconsistent with the articles of incorporation, these Bylaws or the purpose of this Corporation. Any such act or acts shall be null and void.
7. Officers of Corporation
7.1. The officers of this Corporation shall be a Chair of the Board, Vice Chair of the Board, Chief Executive Officer, Chief Financial Officer, and Secretary. The Board of Directors may create other offices by resolution, with such other titles and such other duties as it determines and deems advisable.
7.2. The Chair of the Board shall be the Mayor of the City of Laguna Woods. The Chair of the Board shall preside over Board of Directors meetings, attest to the Board of Directors’ approval of meeting minutes, and have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
7.3. The Vice Chair of the Board shall be the Mayor Pro Tem of the City of Laguna Woods. The Vice Chair of the Board shall serve as the Chair of the Board in his/her/their absence and have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
7.4. The Chief Executive Officer shall be the City Manager of the City of Laguna Woods or his/her/their designee. The Chief Executive Officer shall serve as the general manager of this Corporation and shall supervise and direct all administrative activities and affairs, in accordance with policies established and direction provided by a majority vote of the Board of Directors at a duly noticed public meeting. The Chief Executive Officer may support this Corporation in all manners.
7.5. The Chief Financial Officer shall be the City Treasurer of the City of Laguna Woods or his/her/their designee. The Chief Financial Officer shall supervise and direct all financial activities and affairs of this Corporation, in accordance with policies established and direction provided by a majority vote of the Board of Directors at a duly noticed public meeting. The Chief Financial Officer shall report to the Chief Executive Officer and may support this Corporation in all manners.
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 6 of 11
a) The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of this Corporation. The books of account shall be open to inspection by any Director at all reasonable times.
b) The Chief Financial Officer shall prepare and file, or cause to be prepared and filed, such financial statements and reports as are required by law, by these Bylaws, or by the Board of Directors. The Chief Financial Officer shall send or cause to be given to the Directors such financial statements and reports as are required to be given by law, by these Bylaws, or by the Board of Directors. 1) An annual report shall be prepared in conformity with the requirements of Sections 6321 and 6322 of the California Nonprofit Corporation Law, or any successor statutes. The annual report shall be sent to each Director of this Corporation, and such other persons as are designated by the Board of Directors, no later than 120 days after the close of the fiscal year. c) The Chief Financial Officer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of this Corporation with such depositories as the Board of Directors may designate.
d) The Chief Financial Officer shall disburse and invest, or cause to be disbursed or invested, this Corporation’s funds as the Board of Directors may order. e) The Chief Financial Officer render to the Board of Directors or any officer of this Corporation, or cause to be rendered, when requested, a timely account of all transactions as Chief Financial Officer and of the financial condition of this Corporation
f) The Chief Financial Officer shall have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
7.6. The Secretary shall be the City Clerk of the City of Laguna Woods or his/her/their designee. The Secretary shall be responsible for certain corporate functions. The Secretary shall report to the Chief Executive Officer and may support this Corporation in all manners.
a) The Secretary shall keep, or cause to be kept, at the principal office of this Corporation for public inspection (i) a book of all minutes of meetings and resolutions of the Board of Directors and standing committees of the Board of Directors, (ii) a copy of this Corporation’s articles of incorporation, (iii) a ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 7 of 11
copy of these Bylaws, (iv) this Corporation’s annual state and federal financial statements and reports, and (v) the seal of this Corporation, if any. b) The Secretary shall give, or cause to be given, notice of all meetings of the Board of Directors and of standing committees of the Board of Directors that the Ralph M. Brown Act or these Bylaws requires to be given. c) The Secretary shall have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
8. Members of Corporation
8.1. This Corporation shall have no “members” as that term is defined by Section 5056 of the California Corporation Code and shall be governed solely by its Board of Directors. In accordance with Section 5310(b) of the California Corporation Code, any action that would otherwise require approval by a majority of all members shall only require approval of the Board of Directors. There shall be no meetings of members as such. The persons constituting the Board of Directors may, at any given time and from time to time, act in their capacity as members pursuant to this Section 8.1, at meetings of the Board of Directors.
8.2. This Corporation may refer to individuals or entities associated with it as “members” even though those individuals or entities are not voting members. No such reference to “members” shall constitute any individual or entity a member within the meaning of Section 5056 of the California Corporation Code.
9. Fiscal Year
9.1. The fiscal year of this Corporation shall commence on July 1 and conclude on the immediately following June 30.
10. Budgets
10.1. Prior to the commencement of each fiscal year, the Board of Directors shall adopt a budget setting forth the estimated operating, capital, and other expenditures required in connection with, and the estimated receipts from, the activities of this Corporation for such fiscal year.
10.2. The approval and payment of expenditures shall be handled in accordance with policies established by the City Council for the City of Laguna Woods.
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 8 of 11
11. Deposits
11.1. All funds of this Corporation shall be deposited from time-to-time to the credit of this Corporation in such banks, trust companies, or other depositories as the Board of Directors may select.
12. Payments and Instruments
12.1. Expect as otherwise provided by law, these Bylaws or a resolution, written policy, or minute order of the Board of Directors, checks, drafts, promissory notes, orders for the payment of money, and any other evidence of indebtedness of this Corporation shall be signed by the Chair of the Board (or Vice Chair of the Board in absence of the Chair of the Board) and countersigned by the Chief Executive Officer.
12.2. Expect as otherwise provided by law or these Bylaws, the Board of Directors may authorize any officer or agent of this Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of this Corporation.
Such authority shall be made in writing and may be general or confined to specific instances. Unless authorized, no Director, officer, agent, or other person shall have any power or authority to bind this Corporation by any contract or engagement or to pledge its credit or render it liable monetarily for any purpose or in any amount.
13. Dedication of Assets
13.1. The property of this Corporation is irrevocably dedicated to public and charitable purposes and no part of the net income or assets of this Corporation shall ever inure to the benefit of any Director, officer, or member thereof, or to the benefit of any private person, provided however that this Corporation is authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Section 3 of these Bylaws. Upon the dissolution or “winding up” of this Corporation, its assets (other than trust funds) remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed to (i) the City of Laguna Woods, provided that it is then an organization described in Section 170(c)(1) of the Code or the corresponding provision of any future United States internal revenue law, to be used for public purposes, and/or (ii) one or more nonprofit corporations organized and operated for the benefit of the residents of the City of Laguna Woods, such corporation or corporations to be selected by the Board of Directors, subject to approval of the City Council of the City of Laguna Woods. Such nonprofit corporation(s) must be exempt from federal income tax under Section 501(c)(3) of the Code or the corresponding provision of any future United States internal revenue ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 9 of 11
law, and be organized and operate exclusively for charitable, scientific, literary, and/or educational purposes.
14. Non-Discrimination
14.1. Neither this Corporation, nor any Director or officer in the performance of his/her/their duties, shall discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, sexual orientation or marital status.
15. Application of Conflict of Interest Laws
15.1. Notwithstanding any other provision of these Bylaws, this Corporation shall comply with the Political Reform Act of 1976, California Government Code Section 81000, et seq. This Corporation shall operate as if it is an “agency” and each Director and officer shall operate as if he or she is a “designated employee” as defined in the Political Reform Act. Each Director and officer shall comply with the conflict of interest reporting and disqualification requirements of the Political Reform Act. The Board of Directors shall adopt, periodically review, and if necessary, amend, a “conflict of interest code” as such term is defined in the Political Reform Act.
15.2. Directors who are also members of the City Council of City of Laguna Woods shall comply with the provisions of California Government Code Section 1090, et seq. and this Corporation shall operate as if it is a “body” of which the applicable Director is a member. No Director shall be financially interested in any contract made by him/her/their in his/her/their official capacity as a Director or made by this Corporation. Nor shall any Director be a purchaser at any sale or vendors at any purchase made by him/her/their in his/her/their official capacity as a Director or made by the Board of Directors. The prohibitions in this Section 15.2 shall be interpreted in the same manner as the prohibitions contained in California Government Code Section 1090, et seq. Every contract made in violation of this Section 15.2 by a Director may be avoided at the instance of any party except the Director interested therein.
16. Compliance with California Public Records Act
16.1. This Corporation shall comply with the provisions of the California Public Records Act, California Government Code Section 6250 et seq. This Corporation shall operate as if it is a “Local Agency” as that term is used in the California Public Records Act, and as such, shall be subject to all obligations and exemptions under the California Public Records Act.
ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 10 of 11
17. Indemnification of Directors, Officers, Employees, and Agents
17.1. To the fullest extent permitted by law, this Corporation shall indemnify any present or former Director, officer, employee, or other “agent” of this Corporation, as that term is defined in Section 5238 of the California Nonprofit Corporation Law, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any “proceeding,” as that term is used in Section 5238 of the California Nonprofit Corporation Law, and including an action by or in the right of this Corporation, by reason of the fact that the person is or was a person described in that section. “Expenses,” as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the California Nonprofit Corporation Law.
17.2. On written request to the Board of Directors by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Nonprofit Corporation Law, the Board of Directors shall promptly determine under Section 5238I of the California Nonprofit Corporation Law whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the Board of Directors shall authorize indemnification. If the Board of Directors cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of Directors who are not parties to that proceeding, application shall be made by this Corporation or the agent or the attorney or other person rendering a defense to the agent to the court in which the proceeding is or was pending for a determination, whether or not the application by the agent, attorney, or other person is opposed by this Corporation.
17.3. To the fullest extent permitted by law and except as otherwise determined by the Board of Directors in a specific instance, expenses incurred by a person seeking indemnification under Sections 17.1 and 17.2 of these Bylaws in defending any proceeding covered by those sections shall be advanced by this Corporation before final disposition of the proceeding, on receipt by this Corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by this Corporation for those expenses.
17.4. The Board of Directors shall have the power, but not the obligation, to purchase and maintain insurance in accordance with Section 5238(i) of to the California Nonprofit Corporation Law and to the full extent permitted by law on behalf of its Directors, officers, employees, or other “agent” of this Corporation, as ITEM 6.7 – Attachment A
Laguna Woods Civic Support Fund Bylaws – Page 11 of 11
that term is defined in Section 5238 of the California Nonprofit Corporation Law, against any liability asserted against or incurred by any Director, officer, employee, or agent in such capacity or arising out of the Director’s, officer’s, employee’s, or agent’s status as such.
18. Construction and Definition of Bylaws
18.1. Unless the context requires otherwise, the general provisions, rules of construction, and definitions set forth in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the preceding sentence, the masculine gender includes the feminine and neuter, the singular includes the plural, and the term “person” includes both a legal entity and a natural person, and vice versa for all references.
19. Amendment of Bylaws
19.1. No amendment of these Bylaws shall be valid unless adopted by a two-thirds majority vote of the Board of Directors at a duly noticed public meeting thereof.
20. Certificate of Secretary
20.1. A certificate of the Secretary shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form, except that the certificate need not reference ratification by the City Council of the City of Laguna Woods after April 19, 2023:
I, [Secretary’s Name], certify that I am the duly appointed and acting Secretary of the Laguna Woods Civic Support Fund, a California Nonprofit Public Benefit Corporation, that the Bylaws attached hereto, consisting of [Number of Pages] pages, are the bylaws of this Corporation as adopted by the Board of Directors on [Date] and ratified by the City Council of the City of Laguna Woods on [Date], and that they have not been amended or modified since such adoption and ratification.
Executed on [Date] at Laguna Woods, California.
ITEM 6.7 – Attachment B
BYLAWS OF
LAGUNA WOODS CIVIC SUPPORT FUND
Certificate of Secretary
I, Yolie Trippy, certify that I am the duly appointed and acting Secretary of the Laguna Woods Civic Support Fund, a California Nonprofit Public Benefit Corporation, that the Bylaws attached hereto, consisting of fourteen eleven (1411) pages, are the bylaws of this Corporation as adopted by the Board of Directors on March 6, 2018April 19, 2023 and ratified by the City Council of the City of Laguna Woods on March 21, 2018April 19, 2023, and that they have not been amended or modified since such adoption and ratification.
Executed on March 21, 2018April 19, 2023 at Laguna Woods, California.
YOLIE TRIPPY, Secretary
ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 1 of 1411
BYLAWS OF
LAGUNA WOODS CIVIC SUPPORT FUND
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes.
ADOPTED ON MARCH 6, 2018APRIL 19, 2023
1. Name of Corporation
1.1. The name of this Corporation shall be “Laguna Woods Civic Support Fund.”
1.2. The business of this Corporation may be done under business names other than that which is set forth in Section 1.1. of these Bylaws; provided, however, that both the decision to conduct business under other business names and the selection of any such other business names shall be subject to a two-thirds majority vote of the Board of Directors at a duly noticed public meeting thereof and ratification by the City Council of the City of Laguna Woods (“City”) at a duly noticed public meeting thereof.
2. Principal Office of Corporation
2.1. The principal office for the transaction of the activities and affairs of this Corporation shall be located at such location within the City of Laguna Woods as the Board of Directors may designate by resolution. Initially, and until such time as otherwise designated by resolution, the principal office of this Corporation shall be 24264 El Toro Road, Laguna Woods, California 92637. Any change of the principal office shall be noted on these Bylaws opposite this Section 2 or, alternatively, these Bylaws may be amended to state the new principal location.
3. Purpose of Corporation
3.1. The specific and primary purpose of this Corporation shall be to raise and distribute funds to support programs, projects, and services of the City of Laguna Woods, as well as to function as a “friends of the library” group in support of the Laguna Woods branch of the County of Orange’s public library system. The act of distributing funds shall be interpreted broadly and shall include making donations to the City of Laguna Woods, County of Orange, or other organizations, as well as ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 2 of 1411 contracting for or otherwise providing services to third parties consistent with the purpose set forth in this Section 3.
3.2. Programs, projects, and services for which this Corporation may raise and distribute funds shall include, but not be limited to, those pertaining to public art, cultural affairs, human relations, social services, recreation, transportation, public parks, public infrastructure, public safety, and economic development (e.g., business attraction, retention, and promotion) in the City of Laguna Woods, as well as library services provided at the Laguna Woods branch of the County of Orange’s public library system.
3.3. All programs, projects, and services for which this Corporation raises or distributes funds shall be available to or benefit residents of the City of Laguna Woods, irrespective of which residential community they reside in.
3.4. This Corporation must receive prior written authorization from the City Council of the City for each program, project, or service for which this Corporation raises or distributes funds.
3.54. The general purposes of this Corporation are the following:
a) To receive, hold, and disburse gifts, bequests, devises, grants, and other funds to accomplish its specific and primary purpose;
b) To enter into, make, and perform, and carry out contracts which are deemed necessary to accomplish its specific and primary purpose; and c) To own, lease, and maintain real and personal property which is deemed necessary to accomplish its specific and primary purpose.
3.65. This Corporation shall not, except to an insubstantial degree in conformance with applicable laws, engage in any activities or exercise any powers that are not in furtherance of its purpose as set forth in this Section 3.
4. Limitations on Corporate Activities
4.1. This Corporation shall be organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, as may be amended from time to time (“Code”). This Corporation shall not carry on any activities not permitted to be carried on by a corporation exempt from federal ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 3 of 1411 income tax under Section 501(c)(3) of the Code or by a corporation whose contributions are deductible under Section 170(c)(2) of the Code.
4.2. This Corporation shall be organized and operated as a nonprofit public benefit corporation within the meaning of California Nonprofit Public Benefit Corporation Law (set forth at California Corporation Code Section 5110 et seq.), as may be amended from time to time or replaced by a successor statute. Corporate activities shall conform to the requirements thereof.
4.3. This Corporation is expressly prohibited from each of the following:
a) Activities to raise or distribute funds for programs, projects, or services that are not offered or provided by the City of Laguna Woods or supportive of the Laguna Woods branch of the County of Orange’s public library system. b) Activities to raise or distribute funds for programs, projects, or services for which the City Council of the City has not specifically authorized support from this Corporation. Such authorizations shall be made in writing. c)b) Activities to raise or distribute funds for programs, projects, or services that certain City of Laguna Woods residents may be precluded from based on which residential community they reside in (e.g., programs, projects, and services that are only available to residents of a particular residential community).
d)c) Activities to participate in, intervene in, or attempt to influence any political campaign on behalf of or in opposition to any candidate for public or private elected or appointed office, legislation, ballot measure, initiative, or similar voted matter (e.g., publication or dissemination of materials with the purpose of attempting to influence legislation). This Corporation shall be nonprofit and nonpartisan.
e)d) Activities to raise or distribute funds for religious organizations or religious purposes.
5. City Support of Corporation
5.1. To the extent provided for by the City Council of the City and these Bylaws, and to the extent allowable by law, the City, members of the City Council of the City, and City staff may support this Corporation in all manners except making direct fundraising appeals of or to third-parties. Members of the City Council of the City ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 4 of 1411 and City staff may participate in the design, development, and administration of fundraising campaigns and events, but shall not make direct fundraising appeals of or to third-parties. For the purpose of this Section 5, “fundraising” shall include any activity in which support is sought from any person or entity of either a monetary, service, or in-kind nature, exclusive of services for which this Corporation contracts.
For the purpose of this Section 5, fundraising appeals made as a part of special event, meeting, or public speaking engagements, or content displayed on the City’s website or made available for public distribution at City facilities, or similar activities, shall not be considered “direct fundraising appeals of or to third-parties.”
5.2. The Board of Directors shall reasonably, fully, and timely cooperate with the City and its agents and contractors to allow for the performance of their duties.
5.3. The City may audit or inspect, or cause to be audited or inspected, the financial statements or any other aspect of this Corporation’s activities, at any time, without limitation or restriction. In such instances, the Board of Directors shall reasonably, fully, and timely cooperate with the City and its agents and contractors.
5.4. The City may solicit legal advice or counsel in connection with its support of this Corporation. In such instances, the Board of Directors shall reasonably, fully, and timely cooperate with the City and its agents and contractors, and acknowledges the City’s right to follow and act in accordance with advice and counsel received, including to the extent that it may differ from directives of the Board of Directors.
5.5. The City reserves the right to terminate its involvement with this Corporation, either fully or in part, and with or without cause, with 30 calendar days written notice to the Board of Directors. In such instances, all officer positions held by City staff shall become vacant and the City’s responsibilities pursuant to these Bylaws shall end, to the extent specified in termination notice, upon its effective date. Unless the termination notice provides otherwise, Sections 3.4, 4.3(b), and 21.1 of these Bylaws (requiring authorization from the City Council of the City to raise or distribute funds for programs, projects, or services, or amend these Bylaws) shall automatically terminate upon the effective date that the City terminates its involvement with this Corporation. The City shall not be liable for incomplete or unfinished work.
65. Members of the Board of Directors of Corporation
65.1. Subject to these Bylaws and federal and state law, all corporate powers shall be exercised by or under the authority of, and the business and affairs of this Corporation shall be controlled and conducted by, the Board of Directors.
ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 5 of 1411
65.2. The authorized number of members of the Board of Directors of this Corporation (“Directors”) shall be not less than three and not more than sevenfive.
The Board of Directors may include the following for terms established by the City Council of the City:members of the City Council of the City of Laguna Woods shall serve as the Board of Directors, unless precluded by Section 5.3 of these Bylaws. a) Up to two members of the City Council of the City, appointed by a majority vote of the City Council at a duly noticed public meeting thereof; and b) Up to three residents of the City, appointed by a majority vote of the City Council at a duly noticed public meeting thereof; and
c) Up to two persons representing businesses or organizations with a physical location in the City or that provide regular and ongoing services to residents of the City, appointed by a majority vote of the City Council of the City at a duly noticed public meeting thereof.
65.3. No person serving on the Board of Directors shall at any time be an interested person. An interested person is (i) any person being compensated by this Corporation for services rendered to it within the previous twelve (12) months, whether as a fulltime or part-time employee, independent contractor, or otherwise, excluding any reimbursement paid to a Director for reasonable and necessary expenses incurred on behalf of this Corporation or (ii) any brother, sister, mother, father, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. Violations of the provisions of this Section 65.3 shall not affect the validity or enforceability of any transaction entered into by this Corporation.
6.4. A vacancy on the Board of Directors shall occur in the event of:
a) The expiration of a Director’s term (if applicable); or b) The resignation of a Director, when made in writing to the Board of Directors, Chair of the Board, Chief Executive Officer, or Secretary; or c) The cessation of a Director to meet the minimum residency or occupational standards set forth in Section 6.2 of these Bylaws; or
d) The death of a Director; or
ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 6 of 1411 e) The declaration by resolution, approved by a majority vote of the Board of Directors at a duly noticed public meeting thereof, of a vacancy in the office of a Director who has been (i) convicted of a felony, (ii) declared of unsound mind by a court order, or (iii) found by final order or judgment of any court to have breached a duty under federal or state law including, but not limited to, the California Nonprofit Public Benefit Corporation Law; or f) The removal of a Director, with or without cause, by a two-thirds majority vote of the City Council of City at a duly noticed public meeting thereof.
6.5. A vacancy on the Board of Directors shall be filled in the manner prescribed in Section 6.2 of these Bylaws for regular appointment of such Director, provided that such vacancies shall be filled as they occur. No reduction in the number of Directors shall have the effect of removing any Director prior to the expiration of his or her term of office.
76. Actions of the Board of Directors of Corporation
76.1. The Board of Directors shall meet a minimum of once a year at the principal office of this Corporation or at such other location within the City of Laguna Woods selected by the Board of Directors in accordance with Section 2.1 of these Bylaws.
The Board of Directors shall have no standing regular meetings; however, the Chair of the Board of Directors or a majority of the members of the Board of Directors shall have the ability to call a meeting of the Board of Directors, subject to noticing and other requirements set forth in the Ralph M. Brown Act.
76.2. All meetings of the Board of Directors and standing committees thereof shall comply with the noticing and other requirements of the Ralph M. Brown Act.
76.3. A majority of Directors shall constitute a quorum to conduct business, except to adjourn. The majority of the quorum present at a duly noticed public meeting may take action and such action shall be an act of the Board of Directors, subject to the more stringent provisions of this Corporation’s articles of incorporation and the California Nonprofit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) appointment of committees, and (iii) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of one or more Directors from the meeting, provided that actions are approved by at least a majority or two-third majority of the required quorum for that meeting, as may be required by these Bylaws. A majority of the Directors present, whether or not constituting a ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 7 of 1411 quorum, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting shall be given in accordance with the Ralph M. Brown Act.
76.4. This Corporation shall not compensate Directors for their services, but may reimburse Directors for their reasonable and necessary expenses incurred on behalf of this Corporation, in accordance with such rules, standards, and procedures as may be established by a majority vote of the Board of Directors at a duly noticed public meeting. For the purpose of this Section 6.4, compensation provided to members of the City Council of the City of Laguna Woods pursuant to Laguna Woods Municipal Code Section 2.02.010 shall not be considered compensation.
76.5. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the articles of incorporation and these Bylaws, the business and affairs of this Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors; provided, however, that in order to preserve the nonprofit status of this Corporation, neither the Board of Directors nor any member thereof shall do any act, or authorize or suffer the doing of any act by an officer of this Corporation, on behalf of this Corporation, which is inconsistent with the articles of incorporation, these Bylaws or the purpose of this Corporation. Any such act or acts shall be null and void.
87. Officers of Corporation
87.1. The officers of this Corporation shall be a Chair of the Board, Vice Chair of the Board, Chief Executive Officer, Chief Financial Officer, and Secretary. The offices of Chair of the Board and Vice Chair of the Board shall be filled by Directors.
The Board of Directors may create other offices by resolution, with such other titles and such other duties as it determines and deems advisable. Any number of offices may be held by the same person, except that no person serving as the Secretary or the Chief Financial Officer may serve concurrently as the Chair of the Board.
87.2. The Chair of the Board shall be appointed by a majority vote of the Board of Directors at a duly noticed public meetingthe Mayor of the City of Laguna Woods.
The Chair of the Board shall preside over Board of Directors meetings, attest to the Board of Directors’ approval of meeting minutes, and have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
87.3. The Vice Chair of the Board shall be appointed by a majority vote of the Board of Directors at a duly noticed public meetingthe Mayor Pro Tem of the City of Laguna Woods. The Vice Chair of the Board shall serve as the Chair of the Board ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 8 of 1411 in his or herhis/her/their absence and have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
87.4. The Chief Executive Officer shall be the City Manager of the City of Laguna Woods or his or herhis/her/their designee. The Chief Executive Officer shall serve as the general manager of this Corporation and shall supervise and direct all administrative activities and affairs, in accordance with policies established and direction provided by a majority vote of the Board of Directors at a duly noticed public meeting. The Chief Executive Officer may support this Corporation in all manners except making direct fundraising appeals of or to third-parties.
87.5. The Chief Financial Officer shall be the City Treasurer of the City of Laguna Woods or his or herhis/her/their designee. The Chief Financial Officer shall supervise and direct all financial activities and affairs of this Corporation, in accordance with policies established and direction provided by a majority vote of the Board of Directors at a duly noticed public meeting. The Chief Financial Officer shall report to the Chief Executive Officer and may support this Corporation in all manners except making direct fundraising appeals of or to third-parties. a) The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of this Corporation. The books of account shall be open to inspection by any Director at all reasonable times.
b) The Chief Financial Officer shall prepare and file, or cause to be prepared and filed, such financial statements and reports as are required by law, by these Bylaws, or by the Board of Directors. The Chief Financial Officer shall send or cause to be given to the Directors such financial statements and reports as are required to be given by law, by these Bylaws, or by the Board of Directors. 1) An annual report shall be prepared in conformity with the requirements of Sections 6321 and 6322 of the California Nonprofit Corporation Law, or any successor statutes. The annual report shall be sent to each Director of this Corporation, and such other persons as are designated by the Board of Directors, no later than 120 days after the close of the fiscal year. c) The Chief Financial Officer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of this Corporation with such depositories as the Board of Directors may designate.
ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 9 of 1411 d) The Chief Financial Officer shall disburse and invest, or cause to be disbursed or invested, this Corporation’s funds as the Board of Directors may order. e) The Chief Financial Officer render to the Board of Directors or any officer of this Corporation, or cause to be rendered, when requested, a timely account of all transactions as Chief Financial Officer and of the financial condition of this Corporation
f) The Chief Financial Officer shall have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
87.6. The Secretary shall be the City Clerk of the City of Laguna Woods or his or herhis/her/their designee. The Secretary shall be responsible for certain corporate functions. The Secretary shall report to the Chief Executive Officer and may support this Corporation in all manners except making direct fundraising appeals of or to third-parties.
a) The Secretary shall keep, or cause to be kept, at the principal office of this Corporation for public inspection (i) a book of all minutes of meetings and resolutions of the Board of Directors and standing committees of the Board of Directors, (ii) a copy of this Corporation’s articles of incorporation, (iii) a copy of these Bylaws, (iv) this Corporation’s annual state and federal financial statements and reports, and (v) the seal of this Corporation, if any. a)b) The Secretary shall give, or cause to be given, notice of all meetings of the Board of Directors and of standing committees of the Board of Directors that the Ralph M. Brown Act or these Bylaws requires to be given. b)c) The Secretary shall have such other powers and perform such other duties as the Board of Directors or these Bylaws may require.
8.7. Any officer shall have the ability to call a meeting of the Board of Directors, subject to noticing and other requirements set forth in the Ralph M. Brown Act.
8.8. A vacancy in the office of Chair of the Board or Vice Chair of the Board shall occur in the event of:
a) The expiration of an officer’s term (if applicable); or ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 10 of 1411 b) The resignation of an officer, when made in writing to the Board of Directors, Chair of the Board (Vice Chair of the Board only), Chief Executive Officer, or Secretary; or
c) The death of an officer; or
d) The declaration by resolution, approved by a majority vote of the Board of Directors at a duly noticed public meeting thereof, of a vacancy in an office of this Corporation for an officer who has been (i) convicted of a felony, (ii) declared of unsound mind by a court order, or (iii) found by final order or judgment of any court to have breached a duty under federal or state law including, but not limited to, the California Nonprofit Public Benefit Corporation Law; or
e) The removal of an officer, with or without cause, by a majority vote of the Board of Directors at a duly noticed public meeting thereof.
8.9. A vacancy in the office of Chair of the Board or Vice Chair of the Board shall be filled in the manner prescribed in these Bylaws for regular appointment of such office, provided that such vacancies shall be filled as they occur.
98. Members of Corporation
98.1. This Corporation shall have no “members” as that term is defined by Section 5056 of the California Corporation Code and shall be governed solely by its Board of Directors. In accordance with Section 5310(b) of the California Corporation Code, any action that would otherwise require approval by a majority of all members shall only require approval of the Board of Directors. There shall be no meetings of members as such. The persons constituting the Board of Directors may, at any given time and from time to time, act in their capacity as members pursuant to this Section 98.1, at meetings of the Board of Directors.
98.2. This Corporation may refer to individuals or entities associated with it as “members” even though those individuals or entities are not voting members. No such reference to “members” shall constitute any individual or entity a member within the meaning of Section 5056 of the California Corporation Code. 109. Fiscal Year
109.1. The fiscal year of this Corporation shall commence on July 1 and conclude on the immediately following June 30.
ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 11 of 1411 1110. Budgets
1110.1. Prior to the commencement of each fiscal year, the Board of Directors shall adopt a budget setting forth the estimated operating, capital, and other expenditures required in connection with, and the estimated receipts from, the activities of this Corporation for such fiscal year; provided, however, that during its first fiscal year, the Board of Directors shall adopt a budget for that initial year within four months of the first meeting of the Board of Directors. Budgets shall require approval of either a majority of the Board of Directors, inclusive of all members of the City Council of City serving thereon, or a two-third majority of the Board of Directors, at a duly noticed public meeting thereof.
1110.2. No expenditure may be made or obligation incurred which, when added to any other expenditure for the fiscal year of this Corporation, exceeds the adopted budget for that fiscal year by more than $5,000.00 or any line item specified in the adopted budget by more than five percent (5%), without the prior approval of a majority of the Board of Directors, inclusive of all members of the City Council of City serving thereon, or a two-third majority of the Board of Directors, at a duly noticed public meeting thereof.The approval and payment of expenditures shall be handled in accordance with policies established by the City Council for the City of Laguna Woods.
1211. Deposits
1211.1. All funds of this Corporation shall be deposited from time-to-time to the credit of this Corporation in such banks, trust companies, or other depositories as the Board of Directors may select.
1312. Payments and Instruments
1312.1. Expect as otherwise provided by law, these Bylaws or a resolution, written policy, or minute order of the Board of Directors, checks, drafts, promissory notes, orders for the payment of money, and any other evidence of indebtedness of this Corporation shall be signed by the Chair of the Board (or Vice Chair of the Board in absence of the Chair of the Board) and countersigned by the Chief Executive Officer or Chief Financial Officer.
1312.2. Expect as otherwise provided by law or these Bylaws, the Board of Directors may authorize any officer or agent of this Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of this ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 12 of 1411 Corporation. Such authority shall be made in writing and may be general or confined to specific instances. Unless authorized, no Director, officer, agent, or other person shall have any power or authority to bind this Corporation by any contract or engagement or to pledge its credit or render it liable monetarily for any purpose or in any amount.
1413. Dedication of Assets
1413.1. The property of this Corporation is irrevocably dedicated to public and charitable purposes and no part of the net income or assets of this Corporation shall ever inure to the benefit of any Director, officer, or member thereof, or to the benefit of any private person, provided however that this Corporation is authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Section 3 of these Bylaws. Upon the dissolution or “winding up” of this Corporation, its assets (other than trust funds) remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed to (i) the City of Laguna Woods, provided that it is then an organization described in Section 170(c)(1) of the Code or the corresponding provision of any future United States internal revenue law, to be used for public purposes, and/or (ii) one or more nonprofit corporations organized and operated for the benefit of the residents of the City of Laguna Woods, such corporation or corporations to be selected by the Board of Directors, subject to approval of the City Council of the City of Laguna Woods. Such nonprofit corporation(s) must be exempt from federal income tax under Section 501(c)(3) of the Code or the corresponding provision of any future United States internal revenue law, and be organized and operate exclusively for charitable, scientific, literary, and/or educational purposes.
15. Use of City Logo and City Titles
15.1. The City’s logo shall not be used in fundraising materials or collateral without prior written authorization of the City Council of the City or the City Manager of the City. The City titles of any member of the City Council of the City or the City titles of any member of City staff shall not be used in fundraising materials or collateral. 1614. Non-Discrimination
1614.1. Neither this Corporation, nor any Director or officer in the performance of his or herhis/her/their duties, shall discriminate, in any way, against any person ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 13 of 1411 on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, sexual orientation or marital status. 1715. Application of Conflict of Interest Laws
1715.1. Notwithstanding any other provision of these Bylaws, this Corporation shall comply with the Political Reform Act of 1976, California Government Code Section 81000, et seq. This Corporation shall operate as if it is an “agency” and each Director and officer shall operate as if he or she is a “designated employee” as defined in the Political Reform Act. Each Director and officer shall comply with the conflict of interest reporting and disqualification requirements of the Political Reform Act. The Board of Directors shall adopt, periodically review, and if necessary, amend, a “conflict of interest code” as such term is defined in the Political Reform Act.
1715.2. Directors who are also members of the City Council of City of Laguna Woods shall comply with the provisions of California Government Code Section 1090, et seq. and this Corporation shall operate as if it is a “body” of which the applicable Director is a member. No Director shall be financially interested in any contract made by him or herhim/her/their in his or herhis/her/their official capacity as a Director or made by this Corporation. Nor shall any Director be a purchaser at any sale or vendors at any purchase made by him or herhim/her/their in his or herhis/her/their official capacity as a Director or made by the Board of Directors.
The prohibitions in this Section 1715.2 shall be interpreted in the same manner as the prohibitions contained in California Government Code Section 1090, et seq.
Every contract made in violation of this Section 1715.2 by a Director may be avoided at the instance of any party except the Director interested therein. 1816. Compliance with California Public Records Act
1816.1. This Corporation shall comply with the provisions of the California Public Records Act, California Government Code Section 6250 et seq. This Corporation shall operate as if it is a “Local Agency” as that term is used in the California Public Records Act, and as such, shall be subject to all obligations and exemptions under the California Public Records Act.
1917. Indemnification of Directors, Officers, Employees, and Agents 1917.1. To the fullest extent permitted by law, this Corporation shall indemnify any present or former Director, officer, employee, or other “agent” of this Corporation, as that term is defined in Section 5238 of the California Nonprofit ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 14 of 1411 Corporation Law, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any “proceeding,” as that term is used in Section 5238 of the California Nonprofit Corporation Law, and including an action by or in the right of this Corporation, by reason of the fact that the person is or was a person described in that section. “Expenses,” as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the California Nonprofit Corporation Law.
1917.2. On written request to the Board of Directors by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Nonprofit Corporation Law, the Board of Directors shall promptly determine under Section 5238(e)I of the California Nonprofit Corporation Law whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the Board of Directors shall authorize indemnification. If the Board of Directors cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of Directors who are not parties to that proceeding, application shall be made by this Corporation or the agent or the attorney or other person rendering a defense to the agent to the court in which the proceeding is or was pending for a determination, whether or not the application by the agent, attorney, or other person is opposed by this Corporation. 1917.3. To the fullest extent permitted by law and except as otherwise determined by the Board of Directors in a specific instance, expenses incurred by a person seeking indemnification under Sections 1917.1 and 1917.2 of these Bylaws in defending any proceeding covered by those sections shall be advanced by this Corporation before final disposition of the proceeding, on receipt by this Corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by this Corporation for those expenses.
1917.4. The Board of Directors shall have the power, but not the obligation, to purchase and maintain insurance in accordance with Section 5238(i) of to the California Nonprofit Corporation Law and to the full extent permitted by law on behalf of its Directors, officers, employees, or other “agent” of this Corporation, as that term is defined in Section 5238 of the California Nonprofit Corporation Law, against any liability asserted against or incurred by any Director, officer, employee, or agent in such capacity or arising out of the Director’s, officer’s, employee’s, or agent’s status as such.
ITEM 6.7 – Attachment B
Laguna Woods Civic Support Fund Bylaws – Page 15 of 1411 2018. Construction and Definition of Bylaws
2018.1. Unless the context requires otherwise, the general provisions, rules of construction, and definitions set forth in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the preceding sentence, the masculine gender includes the feminine and neuter, the singular includes the plural, and the term “person” includes both a legal entity and a natural person, and vice versa for all references. 2119. Amendment of Bylaws
2119.1. No amendment of these Bylaws shall be valid unless adopted by a twothirds majority vote of the Board of Directors at a duly noticed public meeting thereof and then ratified by the City Council of the City at a duly noticed public meeting thereof.
2220. Certificate of Secretary
2220.1. A certificate of the Secretary shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form, except that the certificate need not reference ratification by the City Council of the City of Laguna Woods after April 19, 2023:
I, [Secretary’s Name], certify that I am the duly appointed and acting Secretary of the Laguna Woods Civic Support Fund, a California Nonprofit Public Benefit Corporation, that the Bylaws attached hereto, consisting of [Number of Pages] pages, are the bylaws of this Corporation as adopted by the Board of Directors on [Date] and ratified by the City Council of the City of Laguna Woods on [Date], and that they have not been amended or modified since such adoption and ratification.
Executed on [Date] at Laguna Woods, California.
7.1 SITE DEVELOPMENT PERMIT SDP-1521 TO
ALLOW FOR THE ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE,
INCLUDING CONSTRUCTION OF AN
APPROXIMATELY 4,555 SQUARE FOOT
BUILDING AND PHYSICAL MODIFICATIONS
OF EXISTING PARKING, LANDSCAPING, AND
OTHER SITE FEATURES, AND SIGN PROGRAM
SP-2022-0002 TO ALLOW FOR VARIOUS
SIGNAGE AT 24221 PASEO DE VALENCIA,
LAGUNA WOODS, CA 92637
This page is intentionally blank.
ITEM 7.1
CC 04-19-2023 RM ITEM 7.1 – AR Page 1 of 6
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: April 19, 2023 Regular Meeting
SUBJECT: Site Development Permit SDP-1521 to allow for the establishment of an administrative/professional office, including construction of an approximately 4,555 square foot building and physical modifications of existing parking, landscaping, and other site features, and Sign Program SP-2022-0002 to allow for various signage at 24221 Paseo de Valencia, Laguna Woods, CA 92637 Recommendation
1. Receive staff report.
AND
2. Open the public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
ITEM 7.1
ITEM 7.1 – AR Page 2 of 6 CC 04-19-2023 RM
WOODS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT
SDP-1521 TO ALLOW FOR THE ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE, INCLUDING
CONSTRUCTION OF AN APPROXIMATELY 4,555 SQUARE FOOT
BUILDING AND PHYSICAL MODIFICATIONS OF EXISTING
PARKING, LANDSCAPING, AND OTHER SITE FEATURES, AND
SIGN PROGRAM SP-2022-0002 TO ALLOW FOR VARIOUS SIGNAGE
AT 24221 PASEO DE VALENCIA, LAGUNA WOODS, CA 92637, AND
DETERMINING AND CERTIFYING THAT THE SITE DEVELOPMENT
PERMIT AND SIGN PROGRAM ARE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTIONS 15302 AND 15311 OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS
Overview
Tarek A. El Nabli (“Applicant”), on behalf of Parentis Health, has submitted a land use application seeking approval of Site Development Permit SDP-1521 and Sign Program SP-2022-0002, to establish an administrative/professional office and display related signage at 24221 Paseo de Valencia, Laguna Woods, CA 92637.
The project location is west of Paseo de Valencia between El Toro Road and Calle de la Plata. It has been vacant since 2018 when the former Century 21 real estate office closed.
A vicinity map is included as Attachment B.
Surrounding land uses are listed in Table 1.
Table 1: Surrounding Land Uses
General
Location
General Plan
Land Use Designation
Land Use
North Commercial Bank of America / Valencia Center
South Commercial Wells Fargo Bank / Orange County
Diagnostics / San Sebastian Apartments
East City of Laguna Hills Taj Mahal Medical Center
West High Density Residential San Sebastian Apartments
The project location is within the Professional and Administrative Office (PA) ITEM 7.1
CC 04-19-2023 RM ITEM 7.1 – AR Page 3 of 6
zoning district. The Professional and Administrative Office (PA) zoning district designates areas to “provide for the development and preservation of an optimal environment for low to moderate intensity professional and administrative office uses and related uses on sites with large pervious open spaces and off-street parking facilities” (Laguna Woods Municipal Code Section 13.10.010).
Site Development Permits
Site development permits are intended to “provide for administrative review of detailed development plans for a proposed use” (Laguna Woods Municipal Code Section 13.24.020). While site development permits are typically acted on by staff, Laguna Woods Municipal Code Section 13.24.040 allows staff to defer action to the City Council in instances when the public interest would be better served.
Staff has forwarded this application to the City Council due to anticipated public interest in the proposed use of the long-vacant project location.
Sign Programs
Sign programs are intended to “provide incentive and latitude to achieve effectiveness, attractive appearance, compatible design and variety in permanent signage” (Laguna Woods Municipal Code Section 13.20.160). The City Council is responsible for approving or denying sign programs and subsequent amendments, subject to certain findings set forth in the Laguna Woods Municipal Code.
Discussion
The City Council is asked to conduct a public hearing on the application for Site Development Permit SDP-1521 and Sign Program SP-2022-0002 and, thereafter, consider approval of the same (Attachment A). Staff recommends approval, subject to proposed conditions of approval (Exhibit A to Attachment A). The proposed conditions of approval would regulate the use and signage in manners consistent with the purpose and intent of Laguna Woods Municipal Code chapters 13.10 (Commercial Districts) and 13.20 (Sign Regulations).
Site Development Permit SDP-1521 and Sign Program SP-2022-0002 would apply to the Applicant’s proposed use of the property (Parentis Health, an administrative/ professional office that is permitted as a principal use by the Laguna Woods Municipal Code), as well as eligible successors, at the project location.
ITEM 7.1
ITEM 7.1 – AR Page 4 of 6 CC 04-19-2023 RM
Site Development Permit SDP-1521
The Applicant has submitted Site Development Permit SDP-1521 to allow for the establishment of an administrative/professional office, including construction of an approximately 4,555 square foot building and physical modifications of existing parking, landscaping, and other site features. The proposed two-story building would replace the existing 3,077 square foot, single-story building.
The project location currently has 10 off-street parking spaces (one accessible and nine standard). The Applicant is proposing to double the number of parking spaces to a total of 20 (two accessible and 18 standard, one of which would be designated for electric vehicle charging purposes). In doing so, the project location would have two parking spaces in excess of the number required for the proposed use by Laguna Woods Municipal Code Section 13.18.070.
As the project location does not currently have a trash enclosure to store waste and recycling receptacles, the proposed site development permit would require the Applicant to construct a new trash enclosure. CR&R Incorporated has reviewed the proposed trash enclosure location and confirmed serviceability.
The proposed conditions of approval would limit noise at the project location in consideration of the nearby residential use (San Sebastian Apartments). Initial construction activity would be restricted to Monday – Friday: 7 a.m. to 5 p.m. and Saturday – Sunday: 9 a.m. to 3 p.m. No construction would be permitted on federal holidays. The use of amplified sound on – or in a manner audible on – any patio, balcony, stairwell, or similar exterior space would be prohibited.
Also, in consideration of the nearby residential use, all roof-mounted heating, ventilation, and air conditioning equipment would be required to be aesthetically screened to minimize visibility from adjacent structures.
Landscaping for this project would be required to comply with the City’s tree removal and water efficient landscape ordinances. As proposed, 12 existing trees (including one olive tree in declining health) would be removed, including nine Queen Palms, one Tupidanthus, one Olive Tree, and one Washingtonia Palm. 16 new trees would be planted, consisting of a combination of Holly Oaks, Austrailan Willows, White Crepe Myrtles, Chinese Pistaches, and Brisbane Boxes. Specific landscape plans remain subject to separate approval by staff. The plans included with this agenda item are for conceptual reference only.
ITEM 7.1
CC 04-19-2023 RM ITEM 7.1 – AR Page 5 of 6
Site, building, and landscape plans are included in Attachment C.
Sign Program SP-2022-0002
Laguna Woods Municipal Code Chapter 13.10 allows the City’s sign regulations to be supplemented by sign programs approved by the City Council. In this case, Sign Program SP-2022-0002 is required due to the Applicant’s proposed combination of more than three permanent signs at the project site.
The proposed sign program (Exhibit B to Attachment A) includes three wall signs and one monument sign. Locations, dimensions, and additional design details are included in the proposed sign program.
The proposed monument sign would be constructed in the center of a new fountain near the intersection of Paseo de Valencia and Calle de la Plata. The sign would be stationary and include only cascading and recirculating, pooled water.
Environmental Review
The City Council is asked to find that this project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15302 of Title 14 of the California Code of Regulations, in that it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose as the structure replaced. The project specifically involves the replacement of a commercial structure with a new, larger commercial structure within a similar building footprint and for substantially the same purpose.
The City Council is also asked to find that this project is categorically exempt from CEQA pursuant to Section 15311 of Title 14 of the California Code of Regulations, in that it consists of approvals related to the construction or placement of on-premise signs, which are minor structures accessory to (appurtenant to) a commercial facility.
Fiscal Impact
The City’s expenses associated with processing this project are recovered through planning services fees.
ITEM 7.1
ITEM 7.1 – AR Page 6 of 6 CC 04-19-2023 RM
Documents Available for Review
Related documents – including the Applicant’s application – are available for public review at City Hall during normal working hours.
Report Prepared With: Rebecca M. Pennington, Development Programs Analyst Attachments: A – Proposed Resolution
Exhibit A – Proposed Conditions of Approval
Exhibit B – Proposed Sign Program SP-2022-0002
B – Vicinity Map
C – Proposed Site, Building, and Conceptual Landscape Plans for SDP-1521 ITEM 7.1 – Attachment A
R 23-XX 1 XX-XX-2023
RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT
SDP-1521 TO ALLOW FOR THE ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE, INCLUDING
CONSTRUCTION OF AN APPROXIMATELY 4,555 SQUARE FOOT
BUILDING AND PHYSICAL MODIFICATIONS OF EXISTING
PARKING, LANDSCAPING, AND OTHER SITE FEATURES, AND
SIGN PROGRAM SP-2022-0002 TO ALLOW FOR VARIOUS SIGNAGE
AT 24221 PASEO DE VALENCIA, LAGUNA WOODS, CA 92637, AND
DETERMINING AND CERTIFYING THAT THE SITE DEVELOPMENT
PERMIT AND SIGN PROGRAM ARE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTIONS 15302 AND 15311 OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS
WHEREAS, Tarek A. El Nabli (“Applicant”) submitted an application for Site Development Permit SDP-1521 to allow for the establishment of an administrative/professional office, including construction of an approximately 4,555 square foot building and physical modifications of existing parking, landscaping, and other site features, and Sign Program SP-2022-0002 to allow for various signage at 24221 Paseo de Valencia, Laguna Woods, CA 92637 in the Professional and Administrative Office (PA) zoning district; and WHEREAS, on April 19, 2023, the City Council of the City of Laguna Woods, after giving notice thereof as required by law, held a public hearing regarding Site Development Permit SDP-1521 and Sign Program SP-2022-0002; and
WHEREAS, the City Council has carefully considered all pertinent testimony, as well as all information contained in the agenda report prepared for Site Development Permit SDP-1521 and Sign Program SP-2022-0002, as presented at the public hearing; and
WHEREAS, staff has reviewed the environmental form submitted by the Applicant in accordance with the City’s procedures. Based upon the information received and staff’s assessment of the information, Site Development Permit SDP1521 and Sign Program SP-2022-0002 have been determined to be categorically exempt pursuant to Sections 15302 (Replacement or Reconstruction) and 15311 ITEM 7.1 – Attachment A
R 23-XX 2 XX-XX-2023
(Accessory Structures) of the California Environmental Quality Act (“CEQA”); and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this resolution; and
WHEREAS, the City Council makes the following findings subject to the conditions of approval:
Findings for All Discretionary Permits
1. The use or project proposed is consistent with the General Plan.
The proposed project is consistent with the Commercial land use designation of the General Plan, which is intended to cover “a broad range of nonresidential, nonindustrial uses.” Administrative offices are explicitly referenced in the General Plan as typical commercial uses. The project has been reviewed and found to be in conformance with the General Plan’s maximum floor area ratio of 0.30 for the Commercial land use designation.
Objective I of the General Plan Land Use Element is to “promote land uses that accommodate the diverse needs of City of Laguna Woods residents” and Policy I.B is to “actively participate with property owners and their representatives to expand the range of retail goods and services.” The proposed project would allow the establishment of an administrative/ professional office in a vacant commercial building that was previously occupied by an administrative/professional office. The use would serve Laguna Woods residents and surrounding communities.
2. The use, activity or improvement(s) proposed is consistent with the provisions of the Zoning Code.
An administrative/professional office is permitted as a principal use within the Professional and Administrative Office (PA) zoning district. The proposed use is also consistent with the purpose and intent of the Professional and Administrative Office (PA) zoning district, which is “to provide for the development and preservation of an optimal environment for low to moderate intensity professional and administrative office uses and related uses on sites with large pervious open spaces and off-street parking facilities.” With the conditions of approval, several of which address public ITEM 7.1 – Attachment A
R 23-XX 3 XX-XX-2023
health, safety, and general welfare as further discussed in Finding #5 below, the proposed use would be compatible with surrounding residential uses.
As part of the proposed project, the Applicant would modify an existing trash enclosure to conform with Section 13.10.040(c) of the Laguna Woods Municipal Code, which requires “all storage of cartons, containers, and trash be enclosed by a roofed structure.”
3. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act.
Based on the information received from the Applicant and staff’s assessment of the same, the proposed project has been determined to be categorically exempt from CEQA pursuant to Sections 15302 (Replacement or Reconstruction) and 15311 (Accessory Structures) of Title 14 of the California Code of Regulations. Additional information is contained in Section 2 of this resolution and incorporated herein by this reference.
4. The location, size, design and operating characteristics of the proposed use will not create conditions or situations that may be incompatible with other permitted uses in the vicinity.
The proposed administrative/professional office building would be established in the same location as a former administrative/professional office building. Ingress and egress to the project location are provided via Calle de la Plata and one existing driveway along Paseo de Valencia, neither of which would be modified as a result of the project. Parking would be provided in excess of that which is required by the Laguna Woods Municipal Code.
Conditions of approval are included to ensure that appropriate measures are taken to avoid conditions or situations that may be incompatible with other permitted uses in the vicinity. For example: Condition of Approval #3 requires the project to “comply with all then-current requirements of the Laguna Woods Municipal Code and the California Building Standards Code, as well as federal, state, and local laws, rules, and regulations...” Condition of Approval #18 requires equipment and supply deliveries to be scheduled to occur during off-peak hours of operation, to minimize on-site traffic and parking impacts. Conditions of Approval #23 and #24 limit noise on the property in consideration of the nearby residential use.
ITEM 7.1 – Attachment A
R 23-XX 4 XX-XX-2023
5. The approval of the permit application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
The project would be subject to conditions of approval which would regulate the use in a manner consistent with the purpose and intent of the Laguna Woods Municipal Code Chapter 13.10. Several of the conditions of approval related to public health, safety, and general welfare including, but not limited to, reservation of the City’s rights to require additional security or safety measures, if warranted, and provisions related to the abatement of graffiti. Such conditions would assist in protecting the public from potential risk or danger. The conditions of approval also explicitly require the project to comply with all applicable, then-current requirements of the Laguna Woods Municipal Code and the California Building Standards Code, as well as federal, state, and local laws, rules, and regulations.
6. The approval of the permit application is in compliance with all Cityrequired public facilities regulations.
The proposed project has been evaluated against all City regulations through the site development permit process and is deemed to be in compliance, subject to the conditions of approval. The proposed project would not require the addition or modification of any public facilities, nor heightened levels of service for any public services operating from public facilities.
Findings for All Sign Programs
7. The proposed signs are well-designed, consistent with any design criteria otherwise applicable to the sign property, compatible with community character and harmonious with surrounding properties, buildings, and streetscapes.
The proposed signs would not be of a type, nor would they include any of the features or characteristics, that would result in their being prohibited pursuant to Laguna Woods Municipal Code Section 13.20.130. The proposed signs would be aesthetically appealing, compatible, and harmonious with the signage on surrounding properties, buildings, and streetscapes. The proposed signs would be similar in type as those commonly associated with other commercial uses, including office uses, elsewhere in and around Laguna ITEM 7.1 – Attachment A
R 23-XX 5 XX-XX-2023
Woods. The proposed signs would be scaled in a manner aesthetically appropriate for the size and location of the project location.
8. The proposed signs are clear and legible in the circumstances in which they are seen, including for purposes of promoting awareness of local businesses and activities.
The proposed signs would help to provide awareness of the use occupying the project location. The proposed signs would be similar in type as those commonly associated with other commercial uses, including office uses, elsewhere in and around Laguna Woods. The proposed signs would be scaled in a manner aesthetically appropriate for the size and location of the project location.
9. The proposed signs are appropriate to the type of business or activity to which they pertain.
The proposed signs would be similar in type as those commonly associated with other commercial uses, including office uses, elsewhere in and around Laguna Woods. The City has permitted numerous illuminated wall signs and monument signs for other commercial uses.
10. The proposed signs are displayed in a manner that does not harm public health, safety and welfare.
The proposed signs would be displayed in a manner that would not harm public health, safety, and welfare. For example: Condition of Approval #3 requires that the signs “comply with all then-current requirements of the Laguna Woods Municipal Code and the California Building Standards Code, as well as federal, state, and local laws, rules, and regulations...” Condition of Approval #6 requires graffiti to be removed within 24 hours. Condition of Approval #26 includes requirements to ensure that “signage does not, at any time, create an actual or reasonably foreseeable nuisance for properties located within line of sight, passing motorists, or any other party.” Condition of Approval #27 requires signs to “be kept clean, complete, repaired, and in good structural and functional working order, and shall not be allowed to fall into a state of disrepair, damage, or decrepitude.” Additionally, Laguna Woods Municipal Code Section 13.20.020(d) requires that all signs be maintained in good condition and allows the City to “order the repair or ITEM 7.1 – Attachment A
R 23-XX 6 XX-XX-2023
removal of any sign that is unsafe, defective, damaged, or unsatisfactorily maintained.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA DOES HEREBY RESOLVE, DECLARE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that this project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to:
• Section 15302 of Title 14 of the California Code of Regulations, in that it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose as the structure replaced. The project specifically involves the replacement of a commercial structure with a new, larger commercial structure within a similar building footprint and for substantially the same purpose; and • Section 15311 of Title 14 of the California Code of Regulations, in that it consists of approvals related to the construction or placement of onpremise signs, which are minor structures accessory to (appurtenant to) a commercial facility.
SECTION 3. The City Council hereby approves Site Development Permit SDP-1521 and Sign Program SP-2022-0002, subject to the conditions of approval attached to this resolution as Exhibit A, which are incorporated herein by this reference.
SECTION 4. 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 2023. _______________________________
CYNTHIA S. CONNERS, Mayor
ITEM 7.1 – Attachment A
R 23-XX 7 XX-XX-2023
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. 23-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 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
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ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 1 of 8 Exhibit A to Resolution No. 23-XX
City of Laguna Woods
Conditions of Approval for
Site Development Permit SDP-1521
and Sign Program SP-2022-0002
Site Development Permit SDP-1521 and Sign Program SP-2022-0002
1. The project shall be constructed, developed, used, operated, and permanently maintained in accordance with the terms of the application, plans, drawings, and conditions imposed herein.
2. The Applicant(s)/Owner(s) shall comply with all of the conditions of approval as part of Site Development Permit SDP-1521 (“site development permit”) and Sign Program SP-2022-0002 (“sign program”). Failure to comply with any one or more of the conditions imposed herein constitute grounds for revocation of said site development permit and/or sign program by the City Council.
3. The Applicant(s)/Owner(s) shall comply with all then-current requirements of the Laguna Woods Municipal Code and the California Building Standards Code, as well as federal, state, and local laws, rules, and regulations, as they pertain to the improvements and uses sought in this application, and such requirements are made a condition of this approval. These include, but are not limited to, all requirements related to building permits; engineering review, landscaping review, water quality review, and plan review, generally, of proposed construction plans; accessibility, including accessibility required by the federal Americans with Disabilities Act; best management practices and other actions or improvements required by applicable National Pollutant Discharge Elimination System permit(s); and, restrictions on parking, circulation, lighting, and noise.
4. Landscaping for the project shall be designed to comply with the City’s Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance. This approval does not include any approval for landscaping of any kind, nor does it represent or imply that any landscaping proposed in connection with this application, or at any time in the future, will or will not be approved by the City.
ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 2 of 8
5. This approval does not eliminate the need for building permits or encroachment permits or include any action or finding as to compliance or approval of any other applicable federal, state or local ordinance, regulation, rule, or requirement.
6. Graffiti on the property shall be removed at the Applicant(s)’/Owner(s)’ expense within 24 hours.
7. In the event of repeated or disproportionately high numbers of calls for law enforcement or other public safety service, or based upon input from the Orange County Sheriff’s Department (or successor law enforcement agency) or surrounding residents or businesses, the City Manager may require, at his/her/their discretion, that the Applicant(s)/Owner(s) provide additional onsite security and/or safety measures at the property, as may be reasonably calculated to address situations or circumstances leading to or causing such increased calls for service, or complaints or comments from surrounding residents or businesses.
8. City staff, or their authorized representatives, shall have the right to access and enter the property to make reasonable Applicant- or Owner-authorized scheduled inspections, or unscheduled inspections in areas otherwise open to the public, to observe and enforce compliance with applicable laws and the conditions set forth herein.
9. In accordance with policies adopted by the City, the Applicant(s)/Owner(s) shall be responsible for any cost incurred as a result of local law enforcement, public safety, or code enforcement investigation/inspection that results in a finding of violation of any applicable laws and/or conditions of approval.
10. Any request to modify the conditions of approval contained herein shall require review and authorization by the City Manager. The City Manager may require the submission of such documentation or reporting, or the conduct of such studies or analysis, as he/she/they deems necessary to evaluate a request for modification. The City Manager may in his/her/their discretion refer such decision to the City Council.
11. This approval may be modified or revoked by the City Council, after applicable notice and public hearing procedures have been satisfied, should it be determined, within the City’s jurisdictional authority, that the conditions under which the project has been operated or maintained are detrimental to ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 3 of 8 the public health, safety or welfare, or materially injurious to property or animals in the vicinity; or if the project is operated or maintained so as to constitute a public nuisance, or if the project is operated or maintained in violation of any of the conditions of approval set forth herein, or for any other reason permitted by law.
12. Transfer:
In the event of transfer of the property to which this approval pertains, the transferee shall, prior to exercising the rights granted hereunder, arrange and attend a conference with the City to review these conditions of approval, and document the manner in which activities will occur and the manner in which these conditions of approval will be met.
13. Termination:
Upon approval, this site development permit and sign program shall become null and void (A) upon the expiration of building permits, due to inactivity, obtained to construct this project, or (B) after the project has been constructed, 180 calendar days after such time the approved use at the approved location ceases to be operated as noted by lapse of City business license, lapse of California Department of Tax & Fee Administration (or successor agency) permit or license, or date noted by City official with proper site verification of abandonment or discontinuance.
The City Manager may in his/her/their discretion refer decision regarding termination to the City Council.
This site development permit and sign program shall be deemed immediately terminated should the approved location be occupied by a use not in accord with this approval, subject to written notice to the Owner(s) with 10 calendar days to cure.
14. The Applicant(s)/Owner(s), or successor in interest, shall as a condition of issuance of this approval, at its sole expense, defend, indemnify, and hold harmless the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers from any claim, action, or proceeding against the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers to attach, set aside, void or annul an approval of the City Council or other decision-making body, or ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 4 of 8 staff action concerning this site development permit approval, or its implementation. The Applicant(s)/Owner(s) shall pay all of the City’s defense costs incurred by counsel of the City’s choosing, and shall reimburse the City for any and all court costs and other parties’ attorney fees that the City may be required by a court to pay as a result of such defense. The Applicant(s)/Owner(s) may at its sole discretion participate in the defense of any such action under this condition, with its own counsel.
15. Prior to the issuance of building permits, the Property Owner(s) shall sign and have notarized (acknowledgement) the “Owner(s) Acknowledgement of Conditions of Approval for Site Development Permit SDP-1521 and Sign Program SP-2022-0002” and return one wet-signed original to the City Manager with a copy of a recordable legal description of all affected properties in form acceptable to the City Manager.
Site Development Permit SDP-1521
16. This site development permit does not allow for the application of any license or permit issued by the State Department of Alcoholic Beverage Control for which City approval is required. Alcoholic beverages shall not be sold on the property unless separately approved by the City.
17. This site development permit does not allow for the sale or distribution of tobacco or cigarettes. Tobacco and cigarettes shall not be sold or distributed on the property unless separately approved by the City.
18. Equipment and supply deliveries shall be scheduled to occur during off-peak hours of operation, to minimize on-site traffic and parking impacts.
19. All waste and recycling receptacles – as the number and type may change from time-to-time to meet on-site needs or comply with applicable law – shall be stored in trash enclosures enclosed by a roofed structure with opaque walls and access point(s), which shall not exceed 144 square feet as proposed. Waste and recycling receptacles shall not be stored outside of trash enclosures enclosed by a roofed structure with opaque walls and access point(s).
Applicant(s)/Owner(s) acknowledge and agree that more frequent collection may be required to comply with this condition when the number and type of waste and recycling receptacles to accommodate less frequent collection exceeds available space in trash enclosures enclosed by a roofed structure with opaque walls and access point(s).
ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 5 of 8
20. The interior floor plans submitted for this site development permit are conceptual only and may be modified by the Applicant(s)/Owner(s) subject to the issuance of building permits and compliance and approval with all other applicable federal, state or local ordinance, regulation, rule, or requirement.
21. Patios, balconies, stairwells, and similar exterior spaces shall not be used for storage or any purpose other than gathering or ingress/egress. This condition of approval shall not be interpreted as prohibiting the placement of tables, chairs, and other furniture on patios and balconies, except to the extent that such furniture is placed in a manner that obstructs ingress/egress through the space or precludes the regular use of any furniture.
22. All roof-mounted heating, ventilation, and air conditioning equipment, as may be installed or change from time-to-time, shall be aesthetically screened to minimize visibility from adjacent structures. Such screening shall be colorcoordinated with adjacent building materials and generally conform to the screening depicted in the renderings submitted for this site development permit. The City Manager shall be responsible for determining whether screening is color coordinated and generally conforms to the screening depicted in the renderings submitted for this site development permit.
23. The use of amplified sound on – or in a manner audible on – any patio, balcony, stairwell, or similar exterior space is prohibited. For the purpose of this condition of approval, “amplified sound” shall mean sound whose volume is increased by any electric, electronic, mechanical, or motor-powered means including, but not limited to, amplifiers, speakers, radios, stereos, public address systems, and similar equipment. This condition of approval shall not apply to (A) computers, telephones, and other equipment when amplified sound is only audible to individuals wearing earphones, earbuds, or similar personal, wearable technology, or (B) alarms and similar warning systems.
24. Initial construction activity for the structures and facilities permitted by this site development program shall be limited to the following days and hours unless otherwise approved in writing by the City Manager or his/her/their designee in their sole discretion:
• Monday – Friday: 7 a.m. to 5 p.m.
• Saturday: 9 a.m. to 3 p.m.
• Sunday: 9 a.m. to 3 p.m.
• Federal Holidays: Not Allowed
ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 6 of 8 Sign Program SP-2022-0002
25. Except as otherwise provided herein, or as permitted pursuant to the Laguna Woods Municipal Code, this approval is for the location and design of the specified signage show on Exhibit B to Resolution No. 23-XX only. No additional approval is implied or granted.
26. The Applicant(s)/Owner(s) are solely responsible for ensuring that signage does not, at any time, create an actual or reasonably foreseeable nuisance for properties located within line of sight, passing motorists, or any other party including, but not limited to, any nuisance caused either entirely or in part by the brightness, intensity, or direction of sign illumination. The Applicant(s)/Owner(s) shall take all steps necessary to prevent and immediately resolve such situations and shall immediately implement any direction received by City staff, which the Applicant(s)/Owner(s) understand and acknowledge may include, but not necessarily be limited to, any or all of the following:
a) Reducing the intensity or brightness of sign illumination; b) Installing additional landscaping to screen illuminated signs, including obtaining approval for amendments to applicable landscape plans and complying with all then-applicable laws and regulations; c) Installing additional shielding or filters for illuminated signs; and/or d) Dimming or turning off the illumination on signs at certain times.
For the purpose of this condition, “reasonably foreseeable” shall include any determination made based upon the judgement and discretion of the City Council or City Manager. City staff’s discretion shall not be directed toward the content or wording of signage.
27. All signs shall be kept clean, complete, repaired, and in good structural and functional working order, and shall not be allowed to fall into a state of disrepair, damage, or decrepitude.
28. No sign shall flash, blink, rotate, engage in any motion, or emit any noise.
29. Fountains or other water features shall not include the use of any ornamental jet or similar facilities that cause water to be visibly propelled upward. This condition of approval shall not be interpreted as prohibiting the use of jets or similar facilities to circulate water within the basin of fountains or other water ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 7 of 8 features for maintenance purposes, or for moving water within cascading water features to the extent that such movement is concealed from public view.
30. Window signage not otherwise requiring a sign permit pursuant to the Laguna Woods Municipal Code, and not considered protected expression under federal or state law, shall be limited to no more than 5% of the square footage of all windows on each frontage and shall not be illuminated.
31. A proposed sign program change must be submitted to the City Manager for any relocation, alteration, or addition to any feature or material not specifically approved in the original application, or for any amendment of these conditions of approval. If the City Manager determines, in his/her/their reasonable discretion, that the proposed sign program change proposes non-substantial deviations from the approved sign program, and still complies with the provisions, spirit, intent, and findings of this approval action, the proposed sign program change may be approved by the City Manager without requiring a new public hearing or City Council approval. The City Manager may require the submission of such documentation or reporting, or the conduct of such studies or analysis, as he/she/they deems necessary to evaluate a request for a proposed sign program change. Notwithstanding the foregoing, the City Manager may refer any such determination to the City Council, and/or for additional public hearing.
[SIGNATURES ON NEXT PAGE]
ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 8 of 8
OWNER(S) ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL FOR
SITE DEVELOPMENT PERMIT SDP-1521 AND SIGN PROGRAM SP-2022-0002 (“ACKNOWLEDGEMENT”)
1. ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL. The person or persons executing this ACKNOWLEDGEMENT on behalf of the respective Owner(s) has reviewed all Conditions of Approval for Site Development Permit SDP-1521 and Sign Program SP-2022-0002 and has had the opportunity to consult with legal counsel regarding them as the Owner(s) has deemed appropriate.
2. PURPOSE. The purpose of this ACKNOWLEDGEMENT is to ensure the Owner(s) are aware of the Conditions of Approval for Site Development Permit SDP-1521 and Sign Program SP-2022-0002, which “run with the land.” References to “Applicant(s)/Owner(s)” in the Conditions of Approval for Site Development Permit SDP-1521 and Sign Program SP-2022-0002 are not intended to, and will not be interpreted by the City as, conferring any additional legal responsibility or liability upon the Owner(s) beyond that which otherwise exists in applicable law, or otherwise changing the Owner(s) existing legal obligations.
3. RECORDATION. The person or persons executing this ACKNOWLEDGEMENT on behalf of the respective Owner(s) consents to the recordation of the Conditions of Approval for Site Development Permit SDP-1521 and Sign Program SP-2022-0002, including this ACKNOWLEDGEMENT, in the office of the Clerk-Recorder for the County of Orange.
4. AUTHORITY TO EXECUTE. The person or persons executing this ACKNOWLEDGEMENT on behalf of the respective Owner(s) represents and warrants that he/she/they has/have the authority to so execute this ACKNOWLEDGEMENT and to bind the respective Owner(s) to its obligations hereunder.
5. SEVERABILITY. If any term, condition or covenant of this ACKNOWLEDGEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this ACKNOWLEDGEMENT shall not be affected thereby and the ACKNOWLEDGEMENT shall be read and construed without the invalid, void or unenforceable provision(s).
Property Owner – Park Place Properties-Laguna Woods, LLC Signature: Date:
Full Name: Title:
SIGNATURE MUST BE NOTARIZED; ATTACH ACKNOWLEDGEMENT.
ITEM 7.1
Exhibit B to Attachment A
Proposed Sign Program SP-2022-0002
This document is available for review at or from City Hall.
This document is also available at the following link:
https://www.cityoflagunawoods.org/wp-content/uploads/2023/04/7.1-4b-2023-04- 19-Parentis-Health-Signage-Submittal.pdf
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ITEM 7.1 – Attachment B
Vicinity Map
24221 Paseo de Valencia, Laguna Woods, CA 92637
Project Area
24221 Paseo
de Valencia
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ITEM 7.1
Attachment C
Proposed Site, Building, and Conceptual Landscape Plans for SDP-1521 This document is available for review at or from City Hall.
This document is also available at the following link:
https://www.cityoflagunawoods.org/wp-content/uploads/2023/04/7.1-6b-2023-04- 19-Parentis-Health-Planning-Submittal.pdf
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8.1 MOBILITY TECHNOLOGY PLAN
(NO REPORT)
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8.2 AD HOC FISCAL YEAR 2022-23 AUDIT
COMMITTEE
(NO REPORT)
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8.3 FISCAL YEARS 2023-25 BUDGET AND WORK
PLAN & FISCAL YEARS 2023-34 CAPITAL
IMPROVEMENT PROGRAM DEVELOPMENT
(NO REPORT)