Laguna Woods City Council
May 17, 2023

CITY of LAGUNA WOODS

CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, May 17, 2023
2:00 p.m.

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

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

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

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

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

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

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

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

AFFIDAVIT OF POSTING

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, Yolie Trippy, City Clerk, City of Laguna Woods, hereby certify under penalty of perjury that this agenda was posted at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California 92637; on the City’s website (www.cityoflagunawoods.org); and, at other locations designated by Resolution No. 17-30, pursuant to California Government Code Section 54954.2 of the Ralph M. Brown Act. /s/ Yolie Trippy 5/12/23
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda  05/17/2023 Regular Page 3 of 11

OPTIONS FOR PUBLIC COMMENTS

1. Make public comments in-person. Members of the public wishing to make in-person public comments are asked, but not required, to complete and submit a speaker card to City 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 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: 890 6783 2687 followed by pound (#) and the following meeting passcode: 862802 followed by pound (#). When an item you wish to comment on is discussed, press *9 on your telephone to raise your hand. When it is your turn, you will be unmuted and able to speak. Please note that your telephone number will be visible to the City. No party should expect privacy of such information.

4. Make public comments by computer (Zoom).
• Visit www.zoom.us
• Click on “Join” toward the top right of the webpage
• Enter the following meeting ID: 890 6783 2687
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 862802
• Enter a name and email address as required by Zoom
When an item you wish to comment on is discussed, click on “Raise Hand.” When it is your turn, you will be unmuted and able to speak. Please note that information you enter into Zoom will be visible to the City. No party should expect privacy of such information.

I. CALL TO ORDER

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

1.2 Emergency Circumstances and Just Cause Teleconferencing Recommendation: Receive and act upon disclosures and requests from members of the City Council related to teleconferencing pursuant to California Assembly Bill 2449 (2021-2022).

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

4.1 Moment of Silence – First Anniversary of the May 15, 2022 Shooting at Geneva Presbyterian Church
Recommendation: Observe a moment of silence.

4.2 Asian American and Pacific Islander Heritage Month – May 2023 Recommendation: Approve and present the proclamation.

4.3 Older Americans Month – May 2023
Recommendation: Approve and present the proclamation.

4.4 City Hall/Public Library Project Update
Recommendation: Receive and file.

V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Laguna Woods City Council Agenda  05/17/2023 Regular Page 5 of 11 About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. To indicate interest, please notify City staff if present in-person, press *9 on your telephone if participating by telephone, or click on “Raise Hand” if participating by computer via Zoom. Pursuant to state law, the City Council is unable to take action on such items, but may engage in brief discussion, provide direction to City staff, or schedule items for consideration at future meetings.

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

6.1 City Council Minutes
Recommendation: Approve the City Council meeting minutes for the special meeting on April 10, 2023 and the special meeting on May 8, 2023.

6.2 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of April 2023.

6.3 Warrant Register
Recommendation: Approve the warrant register dated May 17, 2023 in the amount of $611,084.45.

6.4 Internal Revenue Code Section 401 and Section 457 Plans Recommendation:

1. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, APPROVING A

NEW ADMINISTRATIVE SERVICES AGREEMENT WITH

THE INTERNATIONAL CITY MANAGEMENT

ASSOCIATION RETIREMENT CORPORATION (DOING

BUSINESS AS MISSIONSQUARE RETIREMENT) FOR

THE CITY’S INTERAL REVENUE CODE SECTION 401
AND INTERNAL REVENUE CODE SECTION 457 PLANS,

AND AUTHORIZING THE EXECUTION OF THE

ADMINISTRATIVE SERVICES AGREEMENT, AS WELL

AS OTHER RELATED DOCUMENTS AND ACTIONS
AND

2. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, AMENDING AND
RESTATING THE CITY’S PLAN DOCUMENT FOR THE

INTERNATIONAL CITY MANAGEMENT ASSOCIATION

RETIREMENT CORPORATION (DOING BUSINESS AS

MISSIONSQUARE RETIREMENT) INTERNAL REVENUE
CODE SECTION 457 GOVERNMENTAL DEFERRED

COMPENSATION PLAN AND TRUST, AND

AUTHORIZING THE EXECUTION OF THE PLAN

DOCUMENT, AS WELL AS OTHER RELATED

DOCUMENTS AND ACTIONS

6.5 Building Official, Permit Counter, and Inspection Services Recommendation: Approve an extension of the agreement with Interwest Consulting Group for building official, permit counter, and inspection services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.

6.6 City Attorney Services
Recommendation: Approve a legal representation letter amending and extending the agreement with Rutan & Tucker, LLP for legal services as City Attorney and authorize the Mayor to execute the legal representation letter.

6.7 City Engineering and Traffic Operations Services
Recommendation:

Laguna Woods City Council Agenda  05/17/2023 Regular Page 7 of 11

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

AND

2. Approve an extension of the agreement with CivilSource, Inc. for city engineering and traffic operations services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.

6.8 City Hall and Public Library Building Janitorial Services Recommendation: Approve an extension and amendment of the agreement with Omni Enterprise, Inc. for City Hall janitorial services and authorize the City Manager to execute the extension and amendment, subject to approval as to form by the City Attorney. The proposed extension and amendment includes, but is not limited to, expansion of the scope of janitorial services to include the Public Library Building.

6.9 Code Enforcement Services
Recommendation: Approve an extension of the agreement with Willdan Engineering for code enforcement services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.

6.10 As Needed Financial Consulting Services
Recommendation:

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

AND

2. Approve an extension of the agreement with Irwin B. Bornstein for as needed financial consulting services and authorize the City Manager to execute the extension, subject to approval as to

form by the City Attorney.

6.11 Information Technology Services
Recommendation:

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

AND

2. Approve an extension of the agreement with Practical Data Solutions for information technology services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.

6.12 Law Enforcement Services
Recommendation: Approve an agreement with the County of Orange for law enforcement services and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

6.13 As Needed Waste Management Consulting Services
Recommendation:

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

AND

2. Approve an extension of the agreement with Michael Balliet for as needed waste management consulting services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.

6.14 California Joint Powers Insurance Authority Risk Management Educational Forum
Laguna Woods City Council Agenda  05/17/2023 Regular Page 9 of 11 Recommendation: Authorize expenditures for hotel stays for members of the City Council to attend the California Joint Powers Insurance Authority Risk Management Educational Forum from August 30-September 1, 2023 in Carlsbad, California at the Omni La Costa Resort.

6.15 Rejection of Claim
Recommendation: Reject the following claim against the City:

Joan Baker vs. City of Laguna Woods,
Claimant: Joan Baker
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. Continue the public hearing that was continued from the regular City Council meeting on April 19, 2023.

AND

3. Receive public testimony.

AND

4. Close public hearing.

AND

5. Adopt a resolution titled:

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 City Manager Employment Agreement
Recommendation: Approve a City Manager Employment
Agreement with Christopher Macon and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

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.

Laguna Woods City Council Agenda  05/17/2023 Regular Page 11 of 11

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
X. CLOSED SESSION
XI. CLOSED SESSION REPORT
XII. ADJOURNMENT
Next Adjourned Regular Meeting: Wednesday, May 31, 2023 at 2 p.m.

Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
Next Regular Meeting: Wednesday, June 21, 2023 at 2 p.m.

Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
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4.1 MOMENT OF SILENCE – FIRST ANNIVERSARY
OF THE MAY 15, 2022 SHOOTING AT GENEVA

PRESBYTERIAN CHURCH
(NO REPORT)
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4.2 ASIAN AMERICAN AND PACIFIC ISLANDER
HERITAGE MONTH –
MAY 2023
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ITEM 4.2
Proclamation
City of Laguna Woods
Asian American and Pacific Islander
Heritage Month
May 2023
WHEREAS, Asian Americans and Pacific Islanders have played a critical role in the social, economic, and political development of the United States; and

WHEREAS, Asian Americans and Pacific Islanders are one of the fastest growing ethnic populations in the state of California; and
WHEREAS, Cantonese, Chinese, Indian, Iranian, Japanese, Korean, Taiwanese, and other Asian Americans and Pacific Islanders represent more than 20 percent of the population of Laguna Woods; and
WHEREAS, Asian American and Pacific Islander clubs and communities throughout Laguna Woods actively promote cultural heritage and understanding; and WHEREAS, Asian Americans and Pacific Islanders have a proud legacy of service and dedication to our community, state, and country.

NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim May 2023 as “Asian American and Pacific Islander Heritage Month” in the City of Laguna Woods and encourages reflection on the accomplishments that Asian Americans and Pacific Islanders have made throughout history.

Dated this 17th day of May, 2023
______________________________ _______________________________ Cynthia S. Conners Attest: Yolie Trippy, CMC
Mayor City Clerk
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4.3 OLDER AMERICANS MONTH –
MAY 2023
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ITEM 4.3
Proclamation
City of Laguna Woods
Older Americans Month
May 2023
WHEREAS, Laguna Woods is a unique community with an average age of 75; and WHEREAS, throughout their lives, the residents of Laguna Woods have made countless contributions and sacrifices to ensure a better life for future generations; and WHEREAS, the City of Laguna Woods recognizes that older adults are trailblazers — advocating for themselves, their peers, and their communities — and paving the way for future generations; and
WHEREAS, the City of Laguna Woods is committed to raising awareness about issues facing older adults and helping older adults to thrive in communities of their choice for as long as possible; and

WHEREAS, our community can provide opportunities to enrich the lives of individuals of all ages by promoting and engaging in activity, wellness, and social involvement; emphasizing home- and community-based services that support independent living; and, ensuring that others can benefit from the contributions and experience of older adults.

NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim May 2023 as “Older Americans Month” in the City of Laguna Woods and encourages the recognition of older adults and the people who serve them as being powerful and vital to the fabric of our country.

Dated this 17th day of May, 2023
______________________________ _______________________________ Cynthia S. Conners Attest: Yolie Trippy, CMC
Mayor City Clerk
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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  05-17-2023 RM Consent Calendar Summary – AR Page 1 of 6 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: May 17, 2023 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the May 17, 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 May 17, 2023 Consent Calendar contains the following items:

6.1 Approval of the City Council meeting minutes for the special meeting on April 10, 2023 (Attachment A) and the special meeting on May 8, 2023 (Attachment B).

6.2 Approval of a motion to receive and file the City Treasurer’s Report for the month of April 2023.

6.3 Approval of the warrant register dated May 17, 2023 in the amount of $611,084.45. A list of warrants is included in the agenda packet; detailed ITEM 6.0
Consent Calendar Summary – AR Page 2 of 6 CC  05-17-2023 RM information about individual warrants is available at or from City Hall.

6.4 [1 – Attachment A] Adoption of a resolution approving a new administrative services agreement with the International City Management Association Retirement Corporation (doing business as MissionSquare Retirement) for the City’s Internal Revenue Code Section 401 and Internal Revenue Code Section 457 plans, and authorization for the execution of the administrative services agreement, as well as other related documents and actions. The proposed agreement pertains to the administration of the City’s existing governmental money purchase and deferred compensation programs for employees. The agreement has not been updated since January 2008.

AND
[2 – Attachment B] Adoption of a resolution amending and restating the City’s plan document for the International City Management Association Retirement Corporation (doing business as MissionSquare Retirement) Internal Revenue Code Section 457 governmental deferred compensation plan and trust, and authorization for the execution of the plan document, as well as other related documents and actions. The proposed plan document pertains to the City’s existing governmental deferred compensation program for employees. The plan document has not been formally amended and restated since September 2007.

6.5 Approval of an extension of the agreement with Interwest Consulting Group for building official, permit counter, and inspection services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for a two-year period through June 30, 2025, as allowed by the existing agreement.

6.6 Approval of a legal representation letter amending and extending the agreement with Rutan & Tucker, LLP for legal services as City Attorney and authorization for the Mayor to execute the legal representation letter. The proposed legal representation letter would provide for Alisha Patterson’s continued service as City Attorney through June 30, 2025. Hourly rates for attorneys would remain unchanged through at least June 30, 2024, with an agreement to meet and confer regarding potential adjustments to rates to be in effect from July 1, 2024 through June 30, 2025.

ITEM 6.0
CC  05-17-2023 RM Consent Calendar Summary – AR Page 3 of 6

6.7 [1] Waiver of the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. CivilSource has provided city engineering and traffic operations services to the City since May 7, 2012 and is currently providing those services under an agreement that ends on June 30, 2023. CivilSource has offered to continue existing pricing with no increase in rates through December 31, 2023. Due to CivilSource’s qualifications and performance to-date; the proposed stability in pricing; and, the City’s future capital improvement plans, staff recommends waiving competitive bidding requirements for the proposed extension.

AND
[2] Approval of an extension of the agreement with CivilSource, Inc. for city engineering and traffic operations services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for a six-month period through December 31, 2023 with no increase in rates or other changes to terms and conditions.

6.8 Approval of an extension and amendment of the agreement with Omni Enterprise, Inc. for City Hall janitorial services and authorization for the City Manager to execute the extension and amendment, subject to approval as to form by the City Attorney. The proposed extension is for a one-year period through June 30, 2024. The proposed extension and amendment includes, but is not limited to, expansion of the scope of janitorial services to include the Public Library Building. Proposed janitorial service levels have been coordinated with the County of Orange and standardized for both City Hall and the Public Library Building. As required by the lease agreement with the County that was approved by the City Council on April 10, 2023, the County will reimburse the City for janitorial services provided for the public library (“Public Library Area 1” in the proposed extension and amendment) and in connection with the County’s use of the outdoor activity room (when applicable, “Public Library Area 2” in the proposed extension and amendment). The County’s reimbursement will also include related janitorial supplies (“Supplies Purchased with Prior Written Authorization ITEM 6.0
Consent Calendar Summary – AR Page 4 of 6 CC  05-17-2023 RM from CITY” in the proposed extension and amendment).

6.9 Approval of an extension of the agreement with Willdan Engineering for code enforcement services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for a one-month period through July 31, 2023, as allowed by the existing agreement.

6.10 [1] Waiver of the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. Mr.

Bornstein is a highly qualified finance professional and Certified Public Accountant. He earned a Master of Business Administration degree from Stanford University and has worked in management roles for the cities of Anaheim, Whittier, and Mission Viejo, where he retired in 2011 as Assistant City Manager/Administrative Services Director. Mr. Bornstein has provided as needed financial consulting services to the City for several years, and also provides or has provided similar services to the cities of Laguna Hills, Laguna Niguel, Placentia, San Marino, Stanton, Westminster, and others.

Due to the continuing need for the services provided by Mr. Bornstein and Mr. Bornstein’s qualifications and performance to-date, staff recommends waiving competitive bidding requirements for the proposed extension.

AND
[2] Approval of an extension of the agreement with Irwin B. Bornstein for as needed financial consulting services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney.

The proposed extension is for a one-year period through June 30, 2024 with no increase in rates or other changes to terms and conditions.

6.11 [1] Waiver of the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. Practical Data Solutions is the City’s current information technology services ITEM 6.0
CC  05-17-2023 RM Consent Calendar Summary – AR Page 5 of 6 consultant and has provided those services continuously since mid-2014 with additional service for numerous years preceding mid-2012. With the continuing need for the services provided by Practical Data Solutions and in the interest of maintaining continuity and systems knowledge, staff recommends waiving competitive bidding requirements for the proposed extension.

AND
[2] Approval of an extension of the agreement with Practical Data Solutions for information technology services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney.

The proposed extension is for a one-year period through June 30, 2024 with no increase in rates or other changes to terms and conditions.

6.12 Approval of an agreement with the County of Orange for law enforcement services and authorization for the Mayor to execute the agreement, subject to approval as to form by the City Attorney. The proposed agreement includes a comparable level of service to the current fiscal year, at an annual cost of $3,049,067 (a $102,135, or approximately 3.24%, decrease from the current fiscal year’s cost). Notably, the proposed agreement includes no increase in salaries or wages due to all bargaining units currently being in negotiations with the County of Orange. Once negotiations are complete, the agreement will be adjusted to fund the new labor agreements. Projections continue to show that law enforcement costs are increasing at an unsustainable rate.

6.13 [1] Waiver of the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. Michael Balliet is a highly qualified waste management professional who has provided as needed waste management consulting services to the City for many years. Mr. Balliet provides or has provided similar services to the cities of Irvine, Costa Mesa, Newport Beach, Placentia, and Yorba Linda.

Due to the continuing need for the services provided by Mr. Balliet and Mr.

Balliet’s performance to-date, staff recommends waiving competitive bidding requirements for the proposed extension.

ITEM 6.0
Consent Calendar Summary – AR Page 6 of 6 CC  05-17-2023 RM AND
[2] Approval of an extension of the agreement with Michael Balliet for as needed waste management consulting services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for a one-year period through June 30, 2024 with no increase in rates or other changes to terms and conditions.

6.14 Authorization of expenditures for hotel stays for members of the City Council to attend the California Joint Powers Insurance Authority Risk Management Educational Forum from August 30-September 1, 2023 in Carlsbad, California at the Omni La Costa Resort. The deadline to book hotel rooms at a group rate for the 2023 California Joint Powers Insurance Authority Risk Management Educational Forum is June 20, 2023 (the day before the planned adoption of the Fiscal Years 2023-25 Budget). Staff recommends booking hotel rooms now, in advance of the adoption of the Fiscal Years 2023-25 Budget, in order to take advantage of the group rate.

6.15 Rejection of the following claim against the City: Joan Baker vs. City of Laguna Woods, Claimant: Joan Baker. Carl Warren & Company, the City’s third-party claims administrator, recommends that the City reject this claim, which did not occur on City property. Additional information is available at or from City Hall.

6.1 CITY COUNCIL MINUTES
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ITEM 6.1 – Attachment A
April 10, 2023 1 City Council Special Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

SPECIAL MEETING
April 10, 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 Special 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 Holocaust Remembrance Day – April 17, 2023
Councilmembers made comments.

A moment of silence was observed.

V. PUBLIC COMMENTS ON NON-AGENDA ITEMS – None
VI. CONSENT CALENDAR
ITEM 6.1 – Attachment A
April 10, 2023 2 City Council Special Meeting Minutes
City Manager Macon asked that Item 6.3 be removed from the consent calendar due to an unexpected delay.

Moved by Councilmember Horne, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 6.1 – 6.2.

6.1 Alternative Compliance Examination Engagement for Recipients That Would Otherwise be Required to Undergo a Single Audit or Program-Specific Audit as a Result of Receiving Coronavirus State and Local Fiscal Recovery Funds Received and filed the Independent Accountant’s Report dated March 23, 2023 regarding the Alternative Compliance Examination Engagement for Recipients That Would Otherwise be Required to Undergo a Single Audit or Program-Specific Audit as a Result of Receiving Coronavirus State and Local Fiscal Recovery Funds for the fiscal year ended June 30, 2022.

6.2 National Opioids Settlements
Authorized the City Manager to execute the settlement agreements with Teva, Allergan, CVS, Walgreens, and Walmart as part of the National Opioids Settlement, and elected for the City to receive direct payment of settlement funds. For the purpose of this action, “settlement agreements” includes participation forms for the settlements (including releases of claims) and California state-subdivision agreements regarding distribution and use of settlement funds, as well as any other documents or certifications that may be necessary to finalize or implement the settlement agreement.

VII. CITY COUNCIL BUSINESS

7.1 Public Library Lease Agreement
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 approve a lease agreement with the County of Orange for use of portions of the City-owned building located at 24266 El Toro Road, Laguna Woods, CA 92637 as a public library, as well as non-exclusive, in common use of various other City-owned areas located at 24264 and 24266 El Toro Road, Laguna Woods, CA 92637, and authorize the Mayor to execute the lease agreement, subject to approval as to form by the City Attorney.

7.2 Laguna Woods Civic Support Fund
City Manager Macon made a presentation.

ITEM 6.1 – Attachment A
April 10, 2023 3 City Council Special Meeting Minutes
Councilmembers discussed the item and staff answered related questions.

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

1. Remove all existing directors, without cause, from the Laguna Woods Civic Support Fund Board of Directors.

AND

2. Appoint all five members of the City Council to the Laguna Woods Civic Support Fund Board of Directors.

AND

3. Extend the City’s formal involvement with the Laguna Woods Civic Support Fund indefinitely.

VIII. ADJOURNMENT
The meeting was adjourned at 2:42 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: May 17, 2023
__________________________________
CYNTHIA S. CONNERS, Mayor
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ITEM 6.1 – Attachment B
May 8, 2023 1 City Council Special Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

SPECIAL MEETING
May 8, 2023
2:30 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 Special Meeting of the City Council of the City of Laguna Woods to order at 2:34 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 Attorney Patterson, City Clerk Trippy All staff participated in-person at the meeting location.

III. PLEDGE OF ALLEGIANCE
City Attorney Patterson led the pledge of allegiance.

IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS – None
V. CLOSED SESSION
Prior to convening in closed session, an opportunity was provided for public comments on items appearing on the closed session agenda. No such public comments were received.

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

5.2 The City Council met in closed session under the authority of California Government Code Section 54957.6 to review its position and instruct the City’s designated ITEM 6.1 – Attachment B
May 8, 2023 2 City Council Special Meeting Minutes
representatives (Cynthia S. Conners, Mayor, and Noel Hatch, Mayor Pro Tem) regarding the salaries, salary schedules, and compensation paid in the form of fringe benefits of the City Manager, an unrepresented employee.

VI. CLOSED SESSION REPORT
The City Council reconvened in open session at 3:24 p.m. City Attorney Patterson stated that there was no reportable action under California Government Code sections 54957 and 54957.6.

VII. ADJOURNMENT
The meeting was adjourned at 3:24 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, May 17, 2023 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: May 17, 2023
__________________________________
CYNTHIA S. CONNERS, Mayor

6.2 CITY TREASURER’S REPORT
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City of Laguna Woods
City Treasurer's Report
For the Month Ended April 30, 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 3/31/23 As of 4/30/23
Cash and Cash EquivalentsAnalyzed Checking Account (Note 1) 747,345 $ 725,568 $ (611,113) $ 10,000 $ 871,800 $ 6.52% Cash Balances, Multi-Bank Securities (MBS) Account (Note 2 and 4) 4,727 $ 13,082 $ (5,941) $ - $ 11,868 $ 0.09% Earned Interest in Transit and Accrued Interest, MBS Account (Note 4) 20,789 $ 13,034 $ (13,082) $ - $ 20,741 $ 0.16% Petty Cash $ 81 1,419 $ (53) $ - $ 1,447 $ 0.01%
Laguna Woods Civic Support Fund Checking Account 51,002 $ 0.20 $ (709) $ - $ 50,294 $ 0.38% Total Cash and Cash Equivalents 825,282 $ 751,765 $ (630,897) $ 10,000 $ 956,150 $ 7.15% 100.00% Pooled Money Investment AccountsLocal Agency Investment Fund (LAIF - fair value) (Notes 2 and 3) 1,759,364 $ 24,907 $ - $ (500,000) $ 1,284,271 $ 9.60% Orange County Investment Pool (OCIP - fair value) (Notes 2 and 3) 6,828,390 $ 7,995 $ (178) $ - $ 6,836,207 $ 51.13% Total Pooled Money Investment Accounts 8,587,755 $ 32,902 $ (178) $ (500,000) $ 8,120,478 $ 60.73% 90.00% Investments - Interest and Income BearingCertificates of Deposit - non-negotiable (fair value) (Note 2) 4,043,785 $ - $ 250,990 $ 4,294,776 $ 32.12% Total Investments - Interest and Income Bearing 4,043,785 $ - $ - $ 250,990 $ 4,294,776 $ 32.12% 90.00% TOTAL $ 784,667 13,456,822 $ (631,076) $ (239,010) $ 13,371,404 $ 100.00% Summary of Total Cash, Cash Equivalents, and Investments:

General Fund
Special
Revenue Funds Totals
Analyzed Checking Account (2,770,869) $ 3,642,669 $ 871,800 $ Cash Balances, MBS Account 11,868 $ - $ 11,868 $
Earned Interest in Transit and Accrued Interest, MBS Account 20,741 $ - $ 20,741 $ Petty Cash 1,447 $ - $ 1,447 $
LAIF 1,284,271 $ - $ 1,284,271 $
OCIP 6,836,207 $ - $ 6,836,207 $
Certificates of Deposit 4,294,776 $ - $ 4,294,776 $
Laguna Woods Civic Support Fund Checking Account - $ 50,294 $ 50,294 $ Totals $ 3,692,963 9,678,441 $ 13,371,404 $
(See NOTES on Page 4 of 4)
City Treasurer's Report Page 1 of 4 For the Month Ended April 30, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended April 30, 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 11/15/18 245,000 243,243 245,000 3.550 Semi-Annual 05/15/19 Green*** 3.550 11/15/23 02589AA28 2018-9 AMERICAN EXPRESS NATL 60 months 12/04/18 12/04/18 240,000 238,104 240,000 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 12/12/18 245,000 243,067 245,000 3.600 Monthly 01/12/19 Green*** 3.600 12/12/23 052392CK1 2022-6 AUSTIN TELCO FED CR 12 months 12/09/22 12/16/22 245,000 245,323 245,000 5.100 Monthly 01/01/23 Green*** 5.100 12/18/23 00833AAB6 2022-7 AFFINITY PLUS CR UN 12 months 12/15/22 12/27/22 245,000 245,336 245,000 5.100 Monthly 01/27/23 Green*** 5.100 12/27/23 91334AAM5 2023-3 UNITED HERITAGE CR 12 months 03/07/23 03/21/23 200,000 200,824 200,000 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 04/10/19 245,000 240,404 245,000 2.850 Monthly 05/10/19 Green* 2.850 04/10/24 38150VBG3 2022-2 GOLDMAN SACHS BK USA 24 months 05/24/22 06/01/22 245,000 239,850 245,000 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 12/16/22 245,000 244,990 245,000 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 02/14/20 245,000 231,552 245,000 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 94,156 100,000 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 05/25/22 245,000 235,923 245,000 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 03/13/23 200,000 200,180 200,000 4.850 Monthly 04/13/23 Green*** 4.850 03/13/26 23204HNV6 2023-4 CUSTOMERS BK 36 months 03/30/23 03/31/23 245,000 245,294 245,000 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 06/24/22 245,000 232,250 245,000 3.150 Monthly 07/24/22 Green* 3.150 06/24/26 2546733P9 2023-5 DISCOVER BK 48 months 03/30/23 04/05/23 245,000 244,500 245,000 4.800 Semi-Annual 10/05/23 Green*** 4.800 04/05/27 50625LBN2 2022-3 LAFAYETTE FED CR 60 months 05/24/22 06/15/22 245,000 230,354 245,000 3.250 Monthly 07/15/22 Green*** 3.250 06/15/27 14042RUX7 2022-5 CAPITAL ONE NATL ASSN 60 months 10/06/22 10/13/22 245,000 241,587 245,000 4.500 Semi-Annual 04/13/23 Green* 4.500 10/13/27 90355GCE4 2023-2 UBS BANK USA 60 months 03/07/23 03/08/23 200,000 197,838 200,000 4.600 Monthly 04/08/23 Green* 4.600 03/08/28 Accrued Interest - Month End 20,741Total CDs 4,370,000 4,315,517 4,370,000 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 1,296,392 1,284,271 1,296,392 Note 3 Quarterly N/A N/A N/A N/AN/A N/A Orange County Investment Pool (OCIP) N/A Various Various 6,979,698 6,836,207 6,979,698 Note 3 Monthly N/A N/A N/A N/A Total PMIA 8,276,090 8,120,478 8,276,090
(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 April 30, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended April 30, 2023

CASH AND INVESTMENTS
ITEM 6.2
Beginning
Balances
Contributions /
(Withdrawals)
Administrative
Fees &
Investment
Expense
Unrealized
Gain / (Loss)
Ending
Balances
As of 3/31/23 As of 4/30/23
Other Post-Employment Benefits (OPEB) TrustCalPERS California Employers' Retiree Benefit Trust (CERBT) (Note 2) 129,567 $ - $ (9) $ 1,162 $ 130,720 $ (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 129,567 $ - $ (9) $ 1,162 $ 130,720 $ (See NOTES on Page 4 of 4)
City Treasurer's Report Page 3 of 4 For the Month Ended April 30, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended April 30, 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 $1,153.25 in April 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 $24,906.84 January 1, 2023 thru
March 31, 2023
See Notes July 2023
OCIP Monthly $7,995.07 January 2023 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 April 2023 was 2.870% 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 April 30, 2023 was $56,392.34. April 30, 2023 interest rate was 3.539% and fees were 0.030%, for a net yield of 3.509%.

Note 4 - CDs / The stated earnings rate for CDs is a fixed rate for the full term. The City earned interest of $13,081.80 and transferred out $5,941.05 in cash balances to the City's checking account in April 2023. Cash balances to be invested or paid out are classified separately on page 1 of 4. The City's portfolio also has $20,741.24 in accrued interest, not yet vested.Note 1 - Analyzed Checking Account / Monthly activity reported does not reflect April 2023 vendor invoicing processed after the date of this report. Note 2 - During April 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 $500,000, which was deposited in the City's checking account for 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 $245,000 cash balance in a Discover Bank Certificate Deposit for a 48 month term at a 4.800% yield rate. Investments were adjusted in the amount of $5,990.45 to report balances at fair market value as of April 30, 2023.

Note 3 - Investment earnings on pooled money investment accounts deposited and reported in April 2023 net of related fees were:

City Treasurer's Report Page 4 of 4 For the Month Ended April 30, 2023 Digitally signed by Elizabeth Torres Date: 2023.05.11 18:37:29 -07'00'

6.3 WARRANT REGISTER
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ITEM 6.3
Date Vendor Name Description Amount
Debit Automatic Bank Debits:

Debit 04/03/2023 DELTA DENTAL OF CALIFORNIA Employee Benefit Program / April 2023 472.44Debit 04/03/2023 GLOBAL PAYMENTS / OPEN EDGE Credit Card Processing Fees / March 2023 2,283.61Debit 04/04/2023 AUTHORIZE.NET Online Credit Card Processing Fees / March 2023 12.00Debit 04/07/2023 ADP PAYROLL SERVICES Payroll Processing Fees / Pay Periods Ended 03/10/2023 & 03/24/2023 405.92Debit 04/10/2023 NAVIA BENEFIT SOLUTIONS, INC 125 Cafeteria Plan Administration / March 2023 100.00Debit 04/11/2023 CALPERS - HEALTH Employee Benefit Program / April 2023 7,847.63Debit 04/11/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 03/10/2023 3,157.93Debit 04/11/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 03/10/2023 1,724.99Debit 04/13/2023 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / April 2023 872.32Debit 04/14/2023 ADP TAX Payroll Taxes / Pay Period Ended 04/07/2023 20,675.35Debit 04/14/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 04/07/2023 9,559.60Debit 04/14/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 04/07/2023 1,520.00Debit 04/14/2023 COUNTY OF ORANGE - SHERIFF Law Enforcement Services / April 2023 261,943.67Debit 04/14/2023 U.S. BANK Bank Service Charges / March 2023 78.21Debit 04/20/2023 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / April 2023 292.21Debit 04/25/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 03/24/2023 3,157.93Debit 04/25/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 03/24/2023 1,769.25Debit 04/26/2023 ADP TAX Payroll Taxes / Pay Period Ended 04/21/2023 9,225.61Debit 04/26/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 04/21/2023 20,379.32Debit 04/27/2023 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / April 2023 167.00Debit 04/28/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 04/21/2023 1,520.00 Check
Number Warrants:
6570 04/07/2023 ACC BUSINESS City Hall Internet Service / February 2023 608.66 6571 04/07/2023 AT&T Telephone / 452-0600 / March 2023 2,616.48 6572 04/07/2023 AT&T Telephone / 639-0500 / March 2023 233.156573 04/07/2023 AT&T Telephone / 458-3487 / March 2023 47.30 6574 04/07/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / March 2023 3,420.126575 04/07/2023 CITY OF LAGUNA BEACH Animal Control & Shelter Services / February 2023 9,426.756576 04/07/2023 DATA TICKET, INC Citation Processing / February 2023 5.006577 04/07/2023 EPIC IO TECHNOLOGIES, INC. City Hall Internet Service / March - April 2023 342.90 6578 04/07/2023 FUSCOE ENGINEERING, INC. Engineering Services / February 2023 1,845.00 6579 04/07/2023 MARINA LANDSCAPE, INC. Ridge Route Drive Landscape Project 8,459.75 6580 04/07/2023 OMNI ENTERPRISE INC Janitorial Services / February 2023 2,160.00 6581 04/07/2023 PETTY CASH Replenish Petty Cash / March 2023 - 6582 04/07/2023 RUTAN & TUCKER, LLP Legal Services / February 2023 3,345.006583 04/07/2023 STAPLES Office & Janitorial Supplies 579.906584 04/14/2023 ABOUND FOOD CARE Edible Food Recovery Program Services / March 2023 380.92 6585 04/14/2023 AT&T White Pages / April 2023 4.28
6586 04/14/2023 AT&T Telephone / 581-9821 / March 2023 64.70 6587 04/14/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / March 2023 5,534.986588 04/14/2023 BROWN ARMSTRONG ACCOUNTANCY CORPORATION Single Audit Services / Fiscal Year 2021-22 1,800.00

CITY OF LAGUNA WOODS

WARRANT REGISTER
May 17, 2023
This Report Covers the Period 04/01/2023 through 04/30/2023 1 of 3
ITEM 6.3
Date Vendor Name Description Amount

CITY OF LAGUNA WOODS

WARRANT REGISTER
May 17, 2023
This Report Covers the Period 04/01/2023 through 04/30/2023 6589 04/14/2023 CAPTIONING UNLIMITED Closed Captioning / March 2023 400.00 6590 04/14/2023 COUNTY OF ORANGE Automated Fingerprint ID System / April 2023 613.006591 04/14/2023 EL TORO WATER DISTRICT Water Service / February 2023 3,295.466592 04/14/2023 IRWIN B BORNSTEIN, CPA Financial Consulting Services / March 2023 1,450.00 6593 04/14/2023 KONE INC. City Hall Elevator Maintenance / April 2023 225.006594 04/14/2023 OMNI ENTERPRISE INC Janitorial Services / January 2023 2,320.00 6595 04/14/2023 ORANGE COUNTY REGISTER-NOTICES Public Notices / March 2023 1,117.206596 04/14/2023 ORANGE COUNTY SHERIFF'S ADVISORY COUNCIL Medal of Valor Ticket 150.00 6597 04/14/2023 ORANGE COUNTY SHERIFF'S ADVISORY COUNCIL Medal of Valor Tickets 450.00 6598 04/14/2023 SHARESQUARED, INC. Building Document Tracking Project 5,735.00 6599 04/14/2023 SOUTHERN CALIFORNIA EDISON Electric Services / Feb - March 2023 5,939.76 6600 04/14/2023 SOUTHERN CALIFORNIA GAS COMPANY Gas Service - City Hall / March 2023 646.156601 04/14/2023 SWEEPING CORPORATION OF AMERICA Street Sweeping Services / February - March 2023 6,699.00 6602 04/14/2023 VERIZON WIRELESS Building iPads Data Plans / March 2023 120.036603 04/14/2023 WILLDAN ENGINEERING Code Enforcement Services / February 2023 2,010.006604 04/14/2023 WM CURBSIDE, LLC HHW, Medicine & Sharps Program / March 2023 3,892.106605 04/20/2023 ARC DOCUMENT SOLUTIONS, LLC. Printing Services 572.04 6606 04/20/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / March 2023 2,602.556607 04/20/2023 CALIFORNIA YELLOW CAB Taxi Voucher Services / March 2023 456.00 6607 04/20/2023 CALIFORNIA YELLOW CAB NEMT Taxi Voucher Services / March 2023 526.00 6608 04/20/2023 COUNTY OF ORANGE 800 MHz Communication Charges / April - June 2023 1,364.006609 04/20/2023 INTERWEST CONSULTING GROUP Building Official, Permit Counter & Inspection Services / March 2023 71,045.006610 04/20/2023 PARK CONSULTING GROUP, INC Software Consulting Services / March 2023 5,325.006611 04/20/2023 PV MAINTENANCE INC Street, City Hall & Park Maintenance / March 2023 12,395.336612 04/20/2023 RICOH USA, INC. Copier Usage / January - March 2023 912.696613 04/20/2023 RICOH USA, INC. Copier Lease / May 2023 246.57 6614 04/20/2023 RJM DESIGN GROUP Landscape Architectural Services 1,802.50 6615 04/20/2023 SOUTHERN CALIFORNIA SHREDDING, Shredding Services / March 2023 450.006616 04/20/2023 TYLER TECHNOLOGIES, INC. Incode Financial Software Annual Maintenance / April 2023 - March 2024 11,773.28 6616 04/20/2023 TYLER TECHNOLOGIES, INC. EnerGov Permitting Software License Fees 500.006617 04/20/2023 VITUITY - URGENT CARE SERVICES, PC Employee Health Services / February 2023 50.006618 04/28/2023 360CIVIC Website Hosting / March 2023 200.00 6619 04/28/2023 AMAZON CAPITAL SERVICES Janitorial Supplies 27.87 6620 04/28/2023 CALIFORNIA BLDG STANDARDS COMM Building Permit Fee Assessment / January - March 2023 744.30 6621 04/28/2023 CAPTIONING UNLIMITED Closed Captioning / April 2023 500.006622 04/28/2023 CIVICPLUS, LLC Annual Subscription / Fiscal Year 2023-24 350.00 6623 04/28/2023 DEPARTMENT OF CONSERVATION Strong Motion Instrumentation & Seismic Hazard Mapping Fee / January - March 2023 1,287.906624 04/28/2023 FUSCOE ENGINEERING, INC. Engineering Services / March 2023 4,347.50 6625 04/28/2023 INTERWEST CONSULTING GROUP Building Official, Permit Counter & Inspection Services / December 2022 51,010.006626 04/28/2023 MANAGED HEALTH NETWORK Employee Benefit Program / May 2023 16.72 6627 04/28/2023 MISSION SQUARE RETIREMENT Quarterly Plan Fee / April - June 2023 125.006628 04/28/2023 RUTAN & TUCKER, LLP Legal Services / March 2023 6,305.526629 04/28/2023 SHELBY ELECTRIC INC. City Hall Maintenance 8,402.00 6630 04/28/2023 SOUTHERN CALIFORNIA EDISON Street Lighting - Residential / March 2023 2,718.26 2 of 3
ITEM 6.3
Date Vendor Name Description Amount

CITY OF LAGUNA WOODS

WARRANT REGISTER
May 17, 2023
This Report Covers the Period 04/01/2023 through 04/30/2023 6631 04/28/2023 TONY'S LOCKSMITH & SAFE SERV. City Hall Maintenance 173.49 6632 04/28/2023 VISION SERVICE PLAN OF AMERICA Employee Benefit Program / May 2023 129.576633 04/28/2023 YUNEX LLC Traffic Signal Maintenance / March 2023 1,570.00 Total Bank Debits and Warrants: $ 611,031.67
Petty Cash Expenditures Paid Out (See Note 2)
Amazon Office Supplies $9.69
Signs.com Office Supplies $43.09
Total Petty Cash: $52.78
TOTAL $ 611,084.45
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 April 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. Note 3 - No credit card transactions were paid during this time period.

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: 2023.05.11 18:43:06 -07'00' This page is intentionally blank.

6.4 INTERNAL REVENUE CODE SECTION 401 AND
SECTION 457 PLANS
This page is intentionally blank.

ITEM 6.4 – 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 A NEW ADMINISTRATIVE

SERVICES AGREEMENT WITH THE INTERNATIONAL CITY

MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
(DOING BUSINESS AS MISSIONSQUARE RETIREMENT) FOR THE
CITY’S INTERAL REVENUE CODE SECTION 401 AND INTERNAL
REVENUE CODE SECTION 457 PLANS, AND AUTHORIZING THE

EXECUTION OF THE ADMINISTRATIVE SERVICES AGREEMENT,

AS WELL AS OTHER RELATED DOCUMENTS AND ACTIONS
WHEREAS, the City offers an Internal Revenue Code (“IRC”) Section 457 governmental deferred compensation plan and trust (“IRC Section 457 Plan”) administered by the International City Management Association Retirement Corporation doing business as MissionSquare Retirement (“MissionSquare Retirement”) to eligible employees; and
WHEREAS, in 2003, the City established an IRC Section 401 governmental money purchase plan and trust (“IRC Section 401 Plan”) with MissionSquare Retirement to provide benefits for a single class of employee which, while no longer offered to current employees, is maintained due to a former employee’s remaining account balance; and
WHEREAS, the City’s existing administrative services agreement with MissionSquare Retirement was entered into in January 2008; and WHEREAS, at the City’s request, MissionSquare Retirement has provided the City with a new administrative services agreement for the IRC Section 401 Plan and IRC Section 457 Plan.

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

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

SECTION 1. The City Council hereby elects to approve a new administrative services agreement with MissionSquare Retirement for the City’s IRC Section 401 Plan and IRC Section 457 Plan, attached hereto as Exhibit A, and authorizes the Mayor or City Manager to execute the administrative services agreement, subject to approval as to form by the City Attorney.

ITEM 6.4 – Attachment A
R 23-XX 2 XX-XX-2023
SECTION 2. The City Council hereby authorizes the City Manager and Administrative Services Director/City Treasurer to take any additional actions necessary to follow the processes and procedures established by MissionSquare Retirement to maintain the qualified status of the City’s IRC Section 401 Plan and IRC Section 457 Plan, including executing other related documents and certifications as may be necessary or advantageous.

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
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
ITEM 6.4 – Exhibit A to Attachment A

ADMINISTRATIVE SERVICES AGREEMENT
for
City of Laguna Woods
Type: 457
Account #: 306257
Type: 401
Account #: 108326
ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 1 of 13

ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement (“Agreement”), made as of this day, (please enter date) _________ ___________________________,(herein referred to as the "Inception Date"), between the International City Management Association Retirement Corporation doing business as MissionSquare Retirement (“MissionSquare”), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Laguna Woods (“Employer”), a n Entity organized and existing under the laws of the State of California with an office at 24264 El Toro Road , Laguna Woods , California 92637 .

RECITALS
Employer acts as public plan sponsor of a retirement plan (“Plan”), and in that capacity, has responsibilit y to obtain administrative services and investment alternatives for the Plan;
VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81 -100, 1981 -1 C.B. 326, which provides for the commingled investment of retirement funds ;
MissionSquare, or its wholly owned subsidiary, acts as investment adviser to VantageTrust Company, LLC,the Trustee of VantageTrust; MissionSquare has designed, and VantageTrust Company offers, a series of separate funds (the “Funds”) for the investment of plan assets as referenced in the Funds’ principal disclosure documents , which are the Disclosure Memorandum and the Fact Sheets (together, “MissionSquare Disclosures”); and MissionSquare provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record keeping, investment and tax reporting, transaction processing, and benefit disbursement.

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 2 of 13

AGREEMENTS

1. Appointment of MissionSquare
Employer hereby appoints MissionSquare as administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by MissionSquare shall be those set forth in Exhibit A to this Agreement.

2. Adoption of VantageTrust
Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust.

Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the MissionSquare Disclosures or Employer Bulletins) as those terms and conditions may be adjusted from time to time.

3. Employer Duty to Furnish Information
Employer agrees to furnish to MissionSquare on a timely basis such information as is necessary for MissionSquare to carry out its responsibilities as Administrator of the Plan , including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses , and other identifying information (including tax identification numbers). Employer also agrees that it will notify MissionSquare in a timely manner regarding changes in staff as it relates to various roles. Such notification is to be completed through the plan sponsor website . MissionSquare shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and MissionSquare shall not be responsible for any error arising from its reliance on such information.

MissionSquare will provide reports and account information to the Employer through the plan sponsor website .

Employer is required to send in Plan contributions through the plan sponsor website . Alternative electronic methods may be allowed but must be approved by MissionSquare for use. Contributions may not be sent through paper submittal documents.

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 3 of 13
To the e xte nt Emp loye r se le cts third -party inve stme nt fund s that d o not have fund p rofile information p rovid e d to MissionSq uare throug h e le ctronic d ata fe e d s from e xte rnal source s (such as Morning star) or third -party fund p rovid e rs, the Emp loye r is re sp onsib le for p rovid ing to MissionSq uare time ly fund inve stme nt up d ate s for d isclosure to Plan p articip ants. Such up d ate s may b e p rovid e d to MissionSq uare throug h the Emp loye r’s inve stme nt consultant or othe r d e sig nate d re p re se ntative .

4. MissionSq uare Re p re se ntations and Warrantie s
MissionSq uare re p re se nts and warrants to Emp loye r that:
(a) MissionSq uare is a non-p rofit corp oration with full p owe r and authority to e nte r into this Ag re e me nt and to p e rform its ob lig ations und e r this Ag re e me nt. The ab ility of MissionSq uare , or its wholly owne d sub sid iary, to se rve as inve stme nt ad vise r to Vantag e Trust Comp any is d e p e nd e nt up on the continue d willing ne ss of Vantag e Trust Comp any for MissionSq uare , or its wholly owne d sub sid iary, to se rve in that cap acity. (b ) MissionSq uare is an inve stme nt ad vise r re g iste re d as such with the U.S. Se curitie s and Exchang e Commission und e r the Inve stme nt Ad vise rs Act of 1940, as ame nd e d .
(c)(i) MissionSq uare shall maintain and ad ministe r the 457(b ) Plan in accord ance with the re q uire me nts for e lig ib le d e fe rre d comp e nsation p lans und e r Se ction 457 of the Inte rnal Re ve nue Cod e and othe r ap p licab le fe d e ral law; p rovid e d , howe ve r, that MissionSq uare shall not b e re sp onsib le for the e lig ib le status of the 457(b ) Plan in the e vent that the Emp loye r d ire cts MissionSq uare to ad ministe r the 457(b ) Plan or d isb urse asse ts in a manne r inconsiste nt with the re q uire me nts of Se ction 457 or othe rwise cause s the 457(b ) Plan not to b e carrie d out in accord ance with its te rms. Furthe r, in the e ve nt that the Emp loye r use s its own customize d p lan d ocume nt, MissionSq uare shall not b e re sp onsib le for the e lig ib le status of the 457(b ) Plan to the e xte nt affe cte d b y te rms in the Emp loye r’s p lan d ocume nt that d iffe r from those in MissionSq uare ’s mod e l p lan d ocument. MissionSq uare shall not b e re sp onsib le for monitoring state or local law ap p licab le to re tire me nt p lans or for ad ministe ring the 457(b ) Plan in comp liance with local or state re q uire me nts re g ard ing p lan ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 4 of 13
ad ministration unle ss Emp loye r notifie s MissionSq uare of any such local or state re q uire me nts.
(c)(ii) MissionSq uare shall maintain and ad ministe r the 401(a) Plan in accord ance with the re q uire me nts for p lans which satisfy the q ualification re q uire me nts of Se ction 401 of the Inte rnal Re ve nue Cod e and othe r ap p licab le fe d e ral law; p rovid e d , howe ve r, MissionSq uare shall not b e re sp onsib le for the q ualifie d status of the 401(a) Plan in the e ve nt that the Emp loye r d ire cts MissionSq uare to ad ministe r the 401(a) Plan or d isb urse asse ts in a manne r inconsiste nt with the re q uire me nts of Se ction 401 or othe rwise cause s the 401(a) Plan not to b e carrie d out in accord ance with its te rms; p rovid e d , furthe r, that if the p lan d ocume nt use d b y the Emp loye r contains te rms that d iffe r from the te rms of MissionSq uare 's mod e l p lan d ocume nt, MissionSq uare shall not b e re sp onsib le for the q ualifie d status of the 401(a) Plan to the e xte nt affe cte d b y the d iffe ring te rms in the Emp loye r's p lan d ocument. MissionSq uare shall not b e re sp onsib le for monitoring state or local law ap p licab le to retire me nt p lans or for ad ministe ring the 401(a) Plan in comp liance with local or state re q uire me nts re g ard ing p lan ad ministration unle ss Emp loye r notifie s MissionSq uare of any such local or state re q uire me nts.

5. Emp loye r Re p re se ntations and Warrantie s
Emp loye r re p re se nts and warrants to MissionSq uare that:
(a) Emp loye r is org anize d in the form and manne r re cite d in the op e ning p arag rap h of this Ag re e me nt with full p owe r and authority to e nte r into and p e rform its ob lig ations und e r this Ag re e me nt and to act for the Plan and p articip ants in the manne r contemplate d in this Ag re e me nt. Exe cution, d e live ry, and p e rformance of this Ag re e me nt will not conflict with any law, rule , re g ulation or contract b y which the Emp loye r is b ound or to which it is a p arty.
(b ) Emp loye r und e rstand s and ag re e s that MissionSq uare ’s sole function und e r this Ag re e me nt is to act as re cord ke e p e r and to p rovid e ad ministrative , inve stme nt or othe r se rvice s at the d ire ction of Plan p articip ants, the Emp loye r, its ag e nts or d e sig ne e s in accord ance with the te rms of this Ag re e me nt. Und e r the terms of this Agre e me nt, MissionSq uare does not render ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 5 of 13
inve stme nt ad vice , is ne ithe r the “Plan Ad ministrator” nor “Plan Sp onsor” as those te rms are d e fine d und e r ap p licab le fe d e ral, state , or local law, and d oe s not p rovid e le g al, tax or accounting ad vice with re sp e ct to the cre ation, ad op tion or op e ration of the Plan and its re late d trust. MissionSq uare d oe s not p e rform any se rvice und e r this Ag re e me nt that mig ht cause MissionSq uare to b e tre ate d as a “fid uciary” of the Plan und e r ap p licab le law, e xce p t, and only, to the e xte nt that MissionSq uare p rovid e s inve stme nt ad visory se rvice s to ind ivid ual p articip ants e nrolle d in Guid e d Pathways Ad visory Se rvice s.
(c) Emp loye r acknowle d g e s and ag re e s that MissionSq uare does not assume any re sp onsib ility with re sp e ct to the se le ction or re te ntion of the Plan’s inve stme nt op tions. Emp loye r shall have e xclusive re sp onsib ility for the Plan’s inve stme nt op tions, includ ing the se le ction of the ap p licab le share class. Whe re ap p licab le , Emp loye r und e rstand s that the MissionSq uare Re tire me nt Income Ad vantag e Fund is an inve stme nt op tion for the Plan and that the fund inve sts in a se p arate account availab le throug h a g roup variab le annuity contract. By e nte ring into this Ag re e me nt, Emp loye r acknowle d g e s that it has re ce ive d the Imp ortant Consid e rations d ocume nt and the MissionSq uare Disclosure s and that it has re ad the information the re in conce rning the MissionSq uare Re tire me nt Income Ad vantag e Fund .
(d ) Emp loye r acknowle d g e s that ce rtain such se rvice s to b e p e rforme d b y MissionSq uare und e r this Ag re e me nt may b e p e rforme d b y an affiliate or ag e nt of MissionSq uare pursuant to one or more othe r contractual arrang e me nts or re lationship s, and that MissionSq uare re se rve s the rig ht to chang e ve nd ors with which it has contracte d to p rovid e se rvice s in conne ction with this Ag re e me nt without p rior notice to Emp loye r. At all time s MissionSq uare shall b e re sp onsib le for the p e rformance of such affiliate s or ag e nts und e r this Ag re e me nt.

6. Particip ation in Ce rtain Proce e d ing s
The Emp loye r he re b y authorize s MissionSq uare to act as ag e nt, to ap p e ar on its b e half, and to join the Emp loye r as a ne ce ssary p arty in all le g al p roce e d ing s involving the g arnishme nt of b e ne fits or the transfe r of b e ne fits p ursuant to the d ivorce or se p aration of p articip ants in the Plan. Unle ss Emp loye r notifie s MissionSq uare othe rwise , Emp loye r conse nts to the d isb urse me nt b y ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 6 of 13
MissionSq uare of b e ne fits that have b e e n g arnishe d or transfe rre d to a forme r sp ouse, current sp ouse , or child p ursuant to a d ome stic re lations ord e r or child support order.

7. Comp e nsation and Payme nt
(a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55 % per annum of the amount of Plan assets invested in VantageTrust. Such fee shall be computed based on average daily net Plan assets in VantageTrust.
(b) Compensatio n for Management Services to VantageTrust Company , Compensation for Advisory and other Services to the MissionSquare Funds Class M and Payments from Third - Party Investment Options . Employer acknowledges that, in addition to amounts payable under this Agree ment,
MissionSquare, or its wholly owned subsidiary, receives fees from VantageTrust Company for investment advisory services and plan and participant services furnished to VantageTrust Company .

Employer further acknowledges that MissionSquare, including certain of its wholly owned subsidiaries, receives compensation for advisory and other services furnished to the MissionSquare Funds Class M, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a MissionSquare Fun d Class R that invests substantially all of its assets in a third -party mutual fund not affiliated with MissionSquare, MissionSquare or its wholly owned subsidiary receives payments from the third -party mutual fund families or their service providers in th e form of 12b -1 fees, service fees, compensation for sub -accounting and other services provided based on assets in the underlying third -party mutual fund. These fees are described in the MissionSquare Disclosures and MissionSquare’s fee disclosure stateme nt. In addition, to the extent that third -party options are included in the investment line -up for the Plan, MissionSquare receives administrative fees from its third -party settlement and clearing agent for providing administrative and other services base d on assets invested in third -party investment options ; such administrative fees come from payments made by third -party investment options to the settlement and clearing agent.

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 7 of 13
(c) Employer Fee . There shall be an annual Employer fee of $500.00 .

The annual Employer Fee will be billed in equal amounts on a quarterly basis and is payable within 30 days after the quarterly billing cycle. The Employer Fee will be charged as long as there are Plan assets, regardless of the status of the participant(s). The Employer acknowledges that, in the event the Employer fails to pay the Employer fee when due, such fee shall be paid directly from assets held on behalf of the Plans(s) ; i.e., deducting the fees f rom the Plan accounts. Plans that are initially established mid -year will be billed on a pro -rata basis.
(d) Redemption Fees . Redemption fees imposed by outside investment options in which Plan assets are invested are collected and paid to the investment option by MissionSquare.

MissionSquare remits 100% of redemption fees back to the specific investment option to which redemption fees apply. These redemption fees and the individual investment option’s policy with respect to redemption fees are specif ied in the prospectus for the individual mutual fund and referenced in the MissionSquare Disclosures.
(e) Payment Procedures . All payments to MissionSquare pursuant to Section 7(a) shall be paid out of the Plan assets held by VantageTrust or received from third -party investment options or their service providers in connection with Plan assets invested in such third -party investment options , to the extent not paid by the Employer. All payments to MissionSquare pursuant to Section 7(c) shall be paid directly by Employer and shall not be deducted from Plan Assets except as otherwise specified in Section 7(c) . The amount of Plan assets administered by MissionSquare shall be adjusted a s required to reflect any such payments as are made from the Plan. In the event that the Employer agrees to pay amounts owed pursuant to this Section 7 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdraw n from Plan assets.

The compensation and payment set forth in this Section 7 are contingent upon the Employer’s use of MissionSquare’s plan sponsor website system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement.

8. Indemnification
ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 8 of 13
MissionSq uare shall not b e re sp onsib le for any acts or omissions of any p e rson with re sp e ct to the Plan or its re late d trust, other than MissionSq uare , its d ire ctors, office rs, e mp loye e s, sub contractors, or ag e nts (colle ctive ly re fe rre d to as “MissionSq uare Personnel” for p urp ose s of this Se ction 8), in conne ction with the ad ministration or op e ration of the Plan. Emp loye r shall ind e mnify MissionSq uare ag ainst, and hold MissionSq uare harmle ss from, any and all loss, d amag e , p e nalty, liab ility, cost, and e xp e nse , includ ing without limitation, re asonab le attorne y’s fe e s, that may b e incurre d b y, imp ose d up on, or asse rte d ag ainst MissionSq uare b y re ason of any claim, re g ulatory p roce e d ing , or litig ation arising from any act d one or omitte d to b e d one b y any ind ivid ual or person with re sp e ct to the Plan or its re late d trust, e xce p ting only any and all loss, d amag e , p e nalty, liab ility, cost or e xp e nse re sulting from MissionSq uare Personnel’s ne g lig e nce , b ad faith, or willful miscond uct.

9. Te rm

This Agreement shall be in eff ect and commence on the date all parties have signed and executed this Agreement , with the Employer signing through DocuSign (“Inception Date”) . This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to th e other; provided however, that the Employer understands and acknowledges that, in the event the Employer terminates this Agreement (or replaces the MissionSquare PLUS Fund of VantageTrust, as an investment option in its investment line -up), MissionSquare retains full discretion to release Plan assets invested in the MissionSquare PLUS Fund in an orderly manner over a period of up to 12 months from the date MissionSquare receives written notifi cation from the Employer that it has made a final and binding selection of a replacement for MissionSquare as administrator of the Plan (or a replacement investment option for the MissionSquare PLUS Fund).

10. Amendments and Adjustments
(a) This Agreement may be amended by written instrument signed by the parties.
(b) MissionSquare may modify this agreement by providing 60 days’ advance written notice to the Employer prior to the effective date of such proposed modification . Such modification shall become effective unless, within the 60 -day notice period, the Employer notifies MissionSquare in writing that it objects to such modification .

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 9 of 13
(c) The p artie s ag re e that e nhance me nts may b e mad e to ad ministrative se rvice s und e r this Ag re e me nt. The Emp loye r will b e notifie d of e nhance me nts or re d uction in fe e s throug h e le ctronic me ssag e s or sp e cial mailing s.

11. Notice s
Unle ss othe rwise p rovid e d in this Ag ree me nt, all notice s re q uire d to b e d e live re d und e r this Ag re e me nt shall b e in writing and shall b e d e live re d , maile d , e -maile d or faxe d to the location of the re le vant p arty se t forth b e low or to such othe r ad d re ss or to the atte ntion of such othe r p e rsons as such p arty may he re afte r sp e cify b y notice to the othe r p arty.

MissionSquare : Legal Department, MissionSquare, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002 -4240 Facsimile ; (202) 962-4601
Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e -mail address designated by the Employer to receive the same by written notice similarly given.

Each such notice, request or other communication shall be effective: (i) if given by facsimil e, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e -mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address.

12. Complete Agreement
This Agreement shall constitute the complete and full understanding and sole agreement between MissionSquare and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, prom ises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect.

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 10 of 13

13. Title s
The he ad ing s of Se ctions of this Ag re e me nt and the he ad ing s for e ach of the attache d sche d ule s are for conve nie nce only and d o not d e fine or limit the conte nts the re of.

14. Incorp oration of Exhib its
All Exhib its (and any sub se q ue nt ame nd me nts the re to), attache d he re to, and re fe re nce d he re in, are he re b y incorp orate d within this Ag re e me nt as if se t forth fully he re in.

15. Gove rning Law
This Ag re e me nt shall b e g ove rne d b y and construe d in accord ance with the laws of the State of California , applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions.

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 11 of 13
In Witne ss Whe re of, the p artie s he re to ce rtify that the y have re ad and und e rstand this Ag re e me nt and all Sche d ule s attache d he re to and have cause d this Ag re e me nt to b e e xe cute d b y the ir d uly authorize d office rs as of the Ince p tion Date first ab ove writte n.

CITY OF LAGUNA WOODS
By _____________________________________________
Christopher Macon
City Manager

THE INTERNATIONAL CITY MANAGEMENT

ASSOCIATION RETIREMENT CORPORATION
doing business as MISSIONSQUARE

RETIREMENT
By _____________________________________________
Erica McFarquhar
Authorized Representative

An execution copy will be provided via DocuSign
ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 12 of 13
Exhibit A

Administrative Services
The administrative services to be performed by MissionSquare under this Agreement shall be as follows:
(a) Participant enrollment services are provided online. Employees will enroll online through a secure site or the Employer will enroll employees through the plan sponsor website .
(b) Establishment of participant accounts for each employee participating in the Plan for whom MissionSquare receives appropriate enrollment instructions. MissionSquare is not responsible for determining if such Plan participants are eligible under the terms of the Plan.
(c) Allocation in accordance with participant directions received i n good order of individual participant accounts to investment options offered under the Plan.
(d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits.
(e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to MissionSquare through the participant website or the plan sponsor website ), beneficiary designation instructions and all other documents concerning each participant's account .
(f) Provision of periodic reports to the Employer through the plan sponsor website . Participants will have access to account information through Participant Services, Voice Response System, the participant website , and text access, and through quarterly statements that can be delivered electronically through the participant website or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan.
(h) Making available Participant Services Representatives through a toll -free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or MissionSquare are closed for business (including emergency closings)), to assist participants.

ITEM 6.4 – Exhibit A to Attachment A
MissionSquare Retirement Agreement 13 of 13
(i) Making availab le acce ss to MissionSq uare ’s we b site , to allow p articip ants to acce ss ce rtain account information and initiate ce rtain p lan transactions at any time . The p articip ant we b site is normally availab le 24 hours a d ay, se ve n d ays a we e k e xce p t d uring sche d ule d mainte nance p e riod s d e sig ne d to ensure hig h-q uality p e rformance . (j) Maintaining the se curity and confid e ntiality of clie nt information throug h a syste m of controls includ ing b ut not limite d to, as ap p rop riate :
re stricting p lan and p articip ant information only to those who ne e d it to provid e se rvice s, software and hard ware se curity, acce ss controls, d ata back-up and storage p roced ures, non-d isclosure ag re e me nts, se curity incid e nt re sp onse p roce d ure s, and aud it re vie ws. (k) Making availab le acce ss to MissionSq uare ’s p lan sp onsor we b site to allow p lan sp onsors to acce ss ce rtain p lan information and initiate p lan transactions such as e nrolling p articip ants and manag ing contrib utions at any time . The p lan sp onsor we b site is normally availab le 24 hours a d ay, se ve n d ays a we e k e xce p t d uring sche d ule d mainte nance p e riod s d e sig ne d to ensure hig h-q uality p e rformance . (l) Distrib ution of b e ne fits, withhold ing ap p licab le taxe s the re from, and re p orting d istrib utions to ap p licab le tax authoritie s as ag e nt for the Emp loye r in accord ance with te rms of the Plan. Particip ants who have se p arate d from se rvice can re q ue st d istrib utions throug h the p articip ant we b site or via form.
(m)Up on app roval by the Emp loyer that a d omestic relations ord er is an acceptab le q ualified domestic relations ord er und er the terms of the Plan, MissionSq uare will estab lish a sep arate account record for the alternate p ayee and p rovid e for the investment and distrib ution of assets held thereund er.
(n) Loans may b e mad e availab le on the terms specified in the Loan Guid elines, if loans are ad op ted by the Emp loyer. Particip ants can req uest loans through the p articip ant we b site .
(o) Guid e d Pathways Ad visory Se rvice s – MissionSq uare ’s p articip ant ad vice se rvice , “Fund Ad vice ” may b e mad e availab le throug h a third -p arty ve nd or on the te rms sp e cifie d on MissionSq uare ’s we b site . (p ) MissionSq uare is authorized by the Emp loyer to estab lish an unallocated p lan level exp ense account to function as the Ad ministrative Allowance, to b e invested as Emp loyer d irects.
(q ) MissionSq uare will d e te rmine ap p rop riate d e live ry me thod (e le ctronic and /or p rint) for p lan sp onsor/p articip ant communications and e d ucation b ase d on a numb e r of factors (aud ie nce , e ffe ctive ne ss, e tc.) ITEM 6.4 – Attachment B
R 23-XX 1 XX-XX-2023
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND RESTATING THE CITY’S

PLAN DOCUMENT FOR THE INTERNATIONAL CITY

MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
(DOING BUSINESS AS MISSIONSQUARE RETIREMENT) INTERNAL
REVENUE CODE SECTION 457 GOVERNMENTAL DEFERRED

COMPENSATION PLAN AND TRUST, AND AUTHORIZING THE

EXECUTION OF THE PLAN DOCUMENT, AS WELL AS OTHER

RELATED DOCUMENTS AND ACTIONS
WHEREAS, the City offers an Internal Revenue Code (“IRC”) Section 457 governmental deferred compensation plan and trust (“IRC Section 457 Plan”) administered by the International City Management Association Retirement Corporation doing business as MissionSquare Retirement (“MissionSquare Retirement”) to eligible employees; and
WHEREAS, the City last took action to formally amend and restate the plan document for its IRC Section 457 Plan in September 2007; and WHEREAS, at the City’s request, MissionSquare Retirement has provided the City with its current plan document for the IRC Section 457 Plan.

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

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

SECTION 1. The City Council hereby elects to formally amend and restate the plan document for the IRC Section 457 Plan as per the plan document attached hereto as Exhibit A and authorizes the Mayor or City Manager to execute the adoption agreement, subject to approval as to form by the City Attorney.

SECTION 2. The City Council hereby authorizes the City Manager and Administrative Services Director/City Treasurer to take any additional actions necessary to follow the processes and procedures established by MissionSquare Retirement to maintain the qualified status of the City’s IRC Section 457 Plan, including executing other related documents and certifications as may be necessary or advantageous.

ITEM 6.4 – Attachment B
R 23-XX 2 XX-XX-2023
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
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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6.5 BUILDING OFFICIAL, PERMIT COUNTER, AND

INSPECTION SERVICES
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ITEM 6.5
CLW-Interwest Consulting Group – Extension 5/17/2023

EXTENSION OF THE

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND

INTERWEST CONSULTING GROUP

FOR BUILDING OFFICIAL, PERMIT COUNTER, AND INSPECTION SERVICES This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on January 19, 2022, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and Interwest Consulting Group ("CONSULTANT"), is made and entered into this _______________ by and among the CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between February 7, 2022 and 11:59 p.m. on June 30, 2023; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT through a maximum of 11:59 p.m. on June 30, 2025.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2025 with no changes to the terms and conditions of the AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Avner Alkhas, Chief Financial Officer
APPROVED AS TO FORM:

Alisha Patterson, City Attorney
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6.6 CITY ATTORNEY SERVICES
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Alisha Patterson
Direct Dial: (714) 662-4663
E-mail: [email protected]
May 8, 2023
Rutan & Tucker, LLP | 18575 Jamboree Road, 9 th Floor
Irvine, CA 92612 | 714-641-5100 | Fax 714-546-9035
Orange County | Palo Alto | San Francisco | www.rutan.com 2499/028509-0003
19129173.1 a05/08/23

VIA E-MAIL
Honorable Mayor
and Members of the City Council
City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
Re: Legal Representation Letter
Dear Mr. Macon:

Thank you for asking Rutan & Tucker, LLP (“Rutan,” “we,” “us,” or “our” below) to ratify and extend its current agreement to provide legal services as the City Attorney for the City of Laguna Woods. The existing term of Rutan’s agreement for providing legal services to the City of Laguna Woods expires on June 30, 2023. This letter sets forth our proposal for the confirmation of the basic terms of the engagement and the arrangement for fees and costs that will apply to the engagement. All other terms and arrangements remain unchanged.

1. Client; Scope of Representation. The client in this matter is the City of Laguna Woods (sometimes collectively referred to as “you” below). We will be engaged to provide general City Attorney legal services and advice through June 30, 2025. We propose to continue the existing agreement. You may limit or expand the scope of our representation from time to time, provided that we must agree to any substantial expansion or limitation of the representation.

The firm will perform these services, will take reasonable steps to keep you informed of progress, respond to your inquiries, and will consult with you as necessary.

2. Duties of Client. You agree to timely provide us such information, assistance and cooperation as is necessary for us to effectively perform our services and to timely pay our bills for fees, costs and expenses as further described herein.

3. General Terms; Fees and Expenses. To assist you in understanding our billing practices and other general terms, we enclose a copy of our current Policy on Professional Fees and General Terms of Engagement (the “General Terms”). The General Terms are incorporated in this letter. The General Terms describe the ranges of hourly rates for our attorneys and paraprofessionals and our policies regarding reimbursement of costs and expenses. Please specifically note that the hourly rate for all of the services we began providing beginning August 12, 2021, and continuing through June 30, 2024, shall continue to be Three Hundred Dollars $300.00 per hour, for all hours up to twenty (20) in a single month, and Three Hundred Twenty-Five Dollars ($325.00) for all hours above twenty (20) in a single month. Litigation and ITEM 6.6
Honorable Mayor
May 8, 2023

2499/028509-0003
19129173.1 a05/08/23
special projects continue to be Three Hundred Twenty-Five Dollars ($325.00) per hour, and third party reimbursable matters continue to be Four Hundred Twenty-Five Dollars ($425.00) per hour.

Bond financing will continue to be based upon an hourly rate, as may be negotiated. You understand and acknowledge these are negotiated rates, and are not set by law. On or before May 31, 2024, you and Rutan & Tucker will meet and confer regarding potential adjustment to billable hour rates to be in effect from July 1, 2024, until the end of the term of this agreement. In the absence of agreement regarding an adjustment, the rates specified herein shall continue in effect.

4. No Guarantees. We agree to use our best efforts in representing you, but cannot make representations or guarantees as to the ultimate outcome of any matter, the efficacy of any experts or consultants that may be retained in any matter you refer to us, or as to the ultimate expenses that you may incur. All our statements on such matters are statements of opinion only based upon the information known at the time. We do maintain errors and omissions insurance coverage applicable to the services to be rendered.

5. Term of Engagement. In accordance with the General Terms, either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable Rules of Professional Conduct.

6. Binding Arbitration. We appreciate the opportunity to serve as your attorneys and anticipate a continued productive, harmonious relationship. If you become dissatisfied for any reason with the services we have performed, the fees charged, or any other aspect of the attorneyclient relationship, we encourage you to bring that to our attention immediately. Similarly, if we perceive a problem with the representation, we will discuss it with you. Most such problems can be rectified by communication and discussion. Although in our experience disputes of any type are rare, a dispute conceivably could arise between us which cannot be resolved by discussion or negotiation. We believe such attorney-client disputes are most satisfactorily resolved through binding arbitration rather than by litigation in court.

Arbitration is, as you know, a process by which both parties to a dispute agree to submit the matter to a retired judge or other arbitrator who has expertise in the area and to abide by the arbitrator’s decision, instead of litigating in court. In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review.

Arbitration rules of evidence and procedure are often less formal and rigid than in a court trial.

Arbitration often results in a decision much more quickly than proceedings in court, and the attorneys’ fees and other costs incurred by both sides are often substantially less.

Both the United States and California Supreme Courts have endorsed arbitration as an accepted and favored method of resolving disputes, because it is economical and expeditious.

Arbitration is also less acrimonious and more confidential than traditional litigation and is, therefore, particularly suited to resolution of disputes between attorneys and their clients.

ITEM 6.6
Honorable Mayor
May 8, 2023

2499/028509-0003
19129173.1 a05/08/23
Your agreement to arbitrate disputes is not a condition of our agreeing to represent you, and if you do not wish to agree to arbitrate, then you should advise me before signing the copy of this letter, so we can delete this section of the agreement. You are encouraged to discuss the advisability of arbitration with independent counsel.

By signing this agreement, you agree that if any dispute arises out of or relating to this agreement, our relationship, or the services performed by us (including but not limited to any disputes regarding our fees and expenses and any failure by you to pay such fees and expenses in accordance with this agreement, claims of professional negligence, breach of contract or fiduciary duty, fraud or any claim based upon a statute), such dispute shall be resolved by submission to final and binding arbitration in Orange County, California, before a retired judge or justice of the California Superior Court or a higher court. Please be advised that by agreeing to binding arbitration, you are waiving any right to a jury trial on any such dispute. If you and we are unable to agree on a retired judge or justice, each party will name one retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. Should you elect to have any fee dispute arbitrated pursuant to non-binding arbitration under statutory or case law, (including your rights to request mandatory fee arbitration under the rules of the Orange County Bar Association) then such non-binding arbitration shall determine only the issue of the amount of fees properly chargeable to you. Any other claims or disputes between us, including claims for professional negligence, shall remain subject to binding arbitration pursuant to this agreement. In the event of such an arbitration, the parties shall be entitled to take discovery in accordance with the provisions of the California Code of Civil Procedure, but either party may request that the arbitrator limit the amount or scope of such discovery, and in determining whether to do so, the arbitrator shall balance the need for the discovery against the parties’ mutual desire to resolve disputes expeditiously and inexpensively.

7. Conflicts in this Matter. We cannot, without appropriate consents, represent any party if there is a conflict of interest with any of our other clients. In order to avoid conflicts of interest among our clients, we maintain an index of relevant names. We have not discovered any conflict which requires further action before extending our existing arrangement for the provision of City Attorney services. Please inform us at once if you learn in the future of persons or entities who may be involved in actions adverse to the City so we can make a conflict of interest search with respect to them.

8. Conflicts Waiver. In undertaking this representation, our objective is to represent you to the best of our ability without forfeiting the continuing representation of our other clients.

Rutan & Tucker LLP is a large law firm which has represented, and continues to represent, many different corporate and individual clients with various interests in numerous industries. It is possible that, during the time we are representing your interests in this matter, you may become involved in transactions and/or disputes in which your interests are adverse to those of one of the firm’s present or future clients. Therefore, as a specific condition to our undertaking your representation, you understand and agree that this firm may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to ITEM 6.6
Honorable Mayor
May 8, 2023

2499/028509-0003
19129173.1 a05/08/23
our work for you even if the interests of such clients in those other matters are directly adverse to your interests. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a nonpublic nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage.

Please be aware that you have the right to obtain the advice of independent counsel regarding the terms of this agreement, and you are encouraged to do so.

This letter and the attached General Terms constitute the entire agreement between you and Rutan & Tucker, LLP with respect to our engagement. No prior oral or written understanding shall be of any force or effect with respect to these matters. This agreement may not be modified, except by a document in writing executed by both parties. A waiver of any party of any breach of any of the conditions, terms or time requirements under this letter shall not be construed as a waiver of any succeeding breach. This letter may be executed in multiple counterparts, each of which shall be deemed an original. By executing below, you represent to us that the person whose signature appears on your behalf.
[Continued on following page]
ITEM 6.6
Honorable Mayor
May 8, 2023

2499/028509-0003
19129173.1 a05/08/23
Please review this letter and the General Terms attached hereto carefully. If the terms and conditions of our representation and the billing arrangements under this agreement meet with your approval, please sign the enclosed copy of this letter and return it to me. Please call the undersigned if you have any questions.

Once again, thank you for the opportunity to continue to work with the City of Laguna Woods.

Very truly yours,

RUTAN & TUCKER, LLP
Alisha Patterson
AP:hd
ACCEPTED AND AGREED:

CITY OF LAGUNA WOODS
_________________________
Cynthia Conners, Mayor
City of Laguna Woods
ITEM 6.6
2499/028509-0003
19129173.1 a05/08/23 -1-

POLICY ON PROFESSIONAL FEES
AND

GENERAL TERMS OF ENGAGEMENT
Professional Fees and Billing Procedures.

Experience has shown that the attorney-client relationship works best when there is a mutual understanding about fees and payment terms. The following is intended to explain briefly our present billing policies and procedures. These policies and procedures are subject to change.

We encourage you to discuss with us at any time any questions you might have concerning these policies and procedures.

Unless otherwise agreed in writing by you and us, our professional fees will be based on the hourly rates of the attorneys and paraprofessionals working on your matter(s). Our hourly rates for attorneys and paraprofessionals are adjusted from time to time and generally as of January 1st of each year. Adjustments in billing rates will be reflected in the invoice for legal services which constitutes our written notice to you. The current hourly billing rates for attorneys and paraprofessionals at the firm for 2023 are as follows: (i) partners range from $390.00 to $1,050.00 per hour, (ii) associates range from $310.00 to $515.00 per hour and (iii) paralegals, law clerks, legal interns, legal assistants, document clerks and other paraprofessionals range from $90.00 to $330.00.

Rutan & Tucker, LLP bills its clients for costs advanced on a client’s behalf, such as filing fees, transcript and deposition fees, reasonable travel expenses, and expert witness fees. The firm also charges for certain costs and expenses incurred on behalf of clients such as long-distance telephone calls, facsimile and telecopier transmissions, copying, scanning, printing, postage, mileage, messengers, and computerized research. Notwithstanding the foregoing, we may forward to you large disbursement invoices for your direct payment to the supplier.

We make every effort to include disbursements in the statement for the month in which the disbursements are incurred. Some disbursements, however, may not be available to us until the following months, in which case a subsequent statement may be rendered to you for these additional charges, or an estimated amount may be included in the initial billing and an adjustment made when the actual disbursement information is available.

In the absence of other arrangements, our billing statements ordinarily will be rendered to you on a monthly basis.

Our billing statements are due and payable upon receipt. We ask and expect payment of our statements on a current basis, as delayed payment adds to our overall costs of providing services. Unless you notify us of any objection to any such billing statement (specifically describing the basis for such objection), within thirty (30) days after the date we send the billing statement to you, we will presume that you have no objection to the amounts set forth in the billing statement. If any statement remains unpaid for more than thirty (30) days after the date the statement is sent by this firm, interest may be added at the rate of 10% per annum on the unpaid balance.

ITEM 6.6
2499/028509-0003
19129173.1 a05/08/23 -2-
Unless specifically agreed in writing, we cannot make any guarantee as to the amount which you will incur for attorneys’ fees and costs in any matter, as those figures will wholly depend on the time and effort required to be devoted to such matter. Any estimates of anticipated fees and costs, whether for budgeting purposes or otherwise, are, due to the uncertainties involved, necessarily only an approximation of potential fees and costs. Unless specifically agreed in writing, such estimates are not a maximum or minimum quotation and are not binding. The actual fees and costs will be determined in accordance with the policies described above.

General Terms.

We have been engaged to represent the person(s), company(ies) or organization(s) agreed to in writing by this firm. Unless agreed to in writing, we are not representing any of their respective members, shareholders, affiliates, subsidiaries, parent companies, joint ventures, officers, directors, partners, principals, investors, or employees. Accordingly, we can take on matters that may be adverse to these related parties or their legal interests, unless precluded by reason of the Rules of Professional Conduct.

Either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable Rules of Professional Conduct. If we terminate the engagement, we will take such steps as are reasonably practicable to protect your interests in the matter(s) for which we have been engaged. If you so request, we will use reasonable efforts to suggest to you possible successor counsel and provide it with whatever documents you have provided to us, but will retain materials that we have generated, as noted below.

Unless previously terminated, our representation of you in any matter will terminate upon our sending to you our final invoice for services rendered for such matter. Upon the termination of such representation, our own lawyer work product documents, notes and files (the “Work Product Files”) pertaining to your matter will be retained by the firm. Your documents, property and files that are not Work Product Files (the “Client Files”) will be, at your request, returned to you upon the termination of such representation. Both the Client Files (unless otherwise returned to you at your request) and the Work Product Files will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents, property, files or other materials retained by us within a reasonable time after the termination of the engagement. Specifically, it is our current policy to store your Client Files for a period of five (5) years and at the conclusion of such five (5) year period we will make an attempt to contact you as to the disposition of your Client Files, but if we are unable to locate you, we reserve the right to destroy such Client Files.

In the performance of our services, you may disclose personal information about individuals to us, including personal information we collect on your behalf. In doing so, you acknowledge that such disclosure is pursuant to a business purpose and not for commercial purposes. In performing our services, we shall not: (a) sell personal information; (b) retain, use or disclose the personal information for any purpose other than for the performance of its services; (c) retain, use, or disclose personal information for commercial purposes; or (d) retain, use, or disclose personal information outside of our direct business relationship. We certify that we understand these restrictions and will comply with them. Notwithstanding the foregoing, we may ITEM 6.6
2499/028509-0003
19129173.1 a05/08/23 -3-
have legal and/or ethical obligations which may mandate the processing (including the collection, use, disclosure, deletion, or retention) of personal information disclosed to us by you. Rutan & Tucker, LLP shall not be liable for the processing of personal information that is, or is reasonably believed to be, necessary for: (v) compliance with a federal, state, or local law; (w) compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authority; (x) cooperation with law enforcement agencies concerning conduct or activity that it believes may violate a federal, state, or local law; (y) the exercising or defending of legal claims; (z) compliance with our ethical duties. Moreover, the processing restrictions placed upon us in this paragraph shall not apply where compliance with such restriction(s) would violate an evidentiary privilege under California (or other states’) law, and shall not prevent us from providing personal information of an individual to a person covered by an evidentiary privilege under California (or other states’) law as part of a privileged communication. For purposes of this section, “personal information” means information that identified, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal information does not include publicly available information, deidentified information, or aggregate consumer information.

You are engaging the firm to provide legal services in connection with specific matter(s).

After completion, changes may occur in the applicable laws or regulations that could have an impact upon your future rights and liabilities. Unless you actually engage us after these matters have been completed to provide additional advice on issues arising from these matters, this firm has no continuing obligation to advise you with respect to future legal developments. In particular, please be advised that this firm does not undertake to perform further actions on your behalf in connection with renewal of perfection of liens, filing of UCC continuation statements, and the like in connection with any loan related matter. Further, we do not offer the service of annuity/maintenance fee payments with respect to patent prosecution.

We have made no representations, promises or guarantees to you regarding the outcome of your matter. Any comments about the outcome of your matter at any time during the performance of services do not constitute promises, guarantees, or assurances, as to the outcome of your matter.

Unless otherwise agreed in a signed writing, the firm shall have no responsibility to investigate or evaluate whether insurance is available for any matter covered by this engagement or to tender any matter covered by this engagement to any insurance carrier.

If we are required to respond to a subpoena of our records relating to services we have performed for you, or testify by deposition or otherwise concerning such services, then we will take reasonable steps to consult with you as to whether you wish to supply the information demanded or assert objections to the extent you may properly do so. You agree to pay us for our time and costs incurred in responding to any such demand, in accordance with the provisions of this letter, including, but not limited to, time and expense incurred in search and photocopying costs, reviewing documents, appearing at depositions or hearings, and otherwise litigating issues raised by the request.

In order to maximize efficiency, please be advised that attorneys and paraprofessionals at this firm routinely use the following communications methods to the fullest extent possible:
e-mail, document transfer by computer, mobile telephones, and facsimile transfers.

ITEM 6.6
2499/028509-0003
19129173.1 a05/08/23 -4-
Although not required in California, some states require that a law firm disclose the existence of errors and omissions insurance coverage applicable to the services to be rendered.

Rutan & Tucker, LLP hereby confirms the existence of such insurance coverage for the purposes of complying with such a requirement.

Duty to Preserve Relevant Evidence in the Event of Litigation or Disputes.

If you are currently involved in a dispute which has resulted or is likely to result in litigation, or if you become involved in such a dispute at a later date, please be aware that you have a legal obligation to preserve “documents and data” potentially relevant to any such dispute. In addition to the obvious fact that we may need the evidence to help prove or defend your case, the primary reason we need to tell you about this obligation is because, if you do not take such steps, you could suffer severe sanctions in any litigation (or arbitration) that might arise. Those sanctions could include, among others, direct and substantial monetary sanctions, “issue sanctions”, resulting in a directed finding against you on certain issues in the case, or even possibly a directed judgment against you, resulting in loss of the entire case.

Compliance with the obligation to preserve all potentially relevant evidence may not be as easy as it sounds. Preservation obligations include, for example, the obligation to suspend normal document destruction routines and otherwise protect against inadvertent deletion of evidence, especially electronic evidence. You need to notify and work with all of your employees and managerial personnel who might possess any such evidence, and consider all of the places where such evidence might be located, such as, e.g., home computers, laptop computers, cell phones, backup devices, and a wide range of other electronic devices and physical locations outside your normal offices and outside your network. You also need to evaluate the extent to which any of your agents, outside professionals, or consultants may have evidence which should be preserved.

Furthermore, all of this needs to be documented.

We ask that you coordinate with our professional staff to ensure that proper steps have been taken to preserve all potentially relevant evidence, including electronic evidence whenever litigation, or a dispute which may lead to litigation, arises. To the extent that you have qualified and sophisticated in-house personnel experienced with document preservation activities, such coordination may simply consist of providing us with the documentation reflecting the steps taken and review of that documentation and the processes reflected. To the extent you do not have such in-house capabilities, our staff can help lead you through the process. In either event, it is very important for us to confirm the steps that have been taken so that we can later both establish your compliance with the obligation to preserve potentially relevant evidence and also utilize the documentation to coordinate the efficient identification, retrieval, and production of evidence for the presentation of your case.

Please let me know if you have any questions and, in any event, please let me know who within your organization would be best to coordinate these efforts so that I can put them in touch with our staff.

ITEM 6.6
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6.7 CITY ENGINEERING AND TRAFFIC

OPERATIONS SERVICES
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ITEM 6.7
CLW-CivilSource – Extension 5/17/2023

EXTENSION OF THE

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND
CIVILSOURCE, INC.

FOR CITY ENGINEERING AND TRAFFIC OPERATIONS SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on June 17, 2015, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and CivilSource, Inc. ("CONSULTANT"), is made and entered into this _______________ by and among CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2015 and 11:59 p.m. on June 30, 2017; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT for any applicable mutually agreeable period through a maximum of 11:59 p.m. on June 30, 2020; and WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on June 30, 2023; and
WHEREAS, CITY has requested that CONSULTANT continue to provide services for an additional six-month period.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on December 31, 2023 with no changes to the terms and conditions of the AGREEMENT except as specified herein.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Jeffrey M. Cooper, PE, Senior Vice President
ITEM 6.7
CLW-CivilSource – Extension 5/17/2023

APPROVED AS TO FORM:

Alisha Patterson, City Attorney

6.8 CITY HALL AND PUBLIC LIBRARY BUILDING

JANITORIAL SERVICES
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ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

EXTENSION AND AMENDMENT OF THE

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND
OMNI ENTERPRISE, INC.

FOR CITY HALL JANITORIAL SERVICES
This EXTENSION AND AMENDMENT of the AGREEMENT FOR
CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on August 27, 2020, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and Omni Enterprise, Inc. ("CONSULTANT"), is made and entered into this ____________________ by and among CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between August 29, 2020 and 11:59 p.m. on June 30, 2023; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT through a maximum of 11:59 p.m. on June 30, 2024; and
WHEREAS, an AMENDMENT of the AGREEMENT has become necessary due to changes in CITY’s janitorial services needs and CITY’s request of CONSULTANT to provide additional services; and
WHEREAS, CONSULTANT represents that it is willing and able to provide the services requested by CITY.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2024 with no changes to the terms and conditions of the AGREEMENT except as specified herein.

2. CITY and CONSULTANT hereby agree to change the title of this agreement to read as follows:

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND

OMNI ENTERPRISE, INC

FOR CITY HALL AND PUBLIC LIBRARY BUILDING JANITORIAL SERVICES

3. CITY and CONSULTANT hereby agree to an AMENDMENT of the AGREEMENT consisting of the modifications shown on pages 3 through 9 of this AMENDMENT to EXHIBIT "A" of the AGREEMENT, and pages 10 through 11 of this AMENDMENT to Exhibit ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

"B" of the AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION AND AMENDMENT to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Dante Perez, President & Secretary
APPROVED AS TO FORM:

Alisha Patterson, City Attorney
ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

AMENDMENT TEXT
Exhibit A (“Scope of Services”) of the AGREEMENT is amended to read as follows (additions shown with underlining and deletions shown with strike through):

EXHIBIT "A"

SCOPE OF SERVICES
CONSULTANT shall perform and complete City Hall and Public Library janitorial services by providing all labor, tools, equipment, materials, and supplies (except as noted herein) necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.

CONSULTANT shall provide janitorial services for Laguna Woods City Hall (“City Hall”) located at 24264 El Toro Road, Laguna Woods, CA 92637 and the Laguna Woods Public Library Building located at 24266 El Toro Road, Laguna Woods, CA 92637 (“Public Library”).

City Hall is approximately 7,910 square feet and includes a combination of office space, conference rooms, public meeting areas, restrooms, and a break rooms. Temporary accommodations that are located on the same parcel as City Hall, if ever utilized by CITY, shall also be covered by this AGREEMENT without the right for CONSULTANT to seek to renegotiate this AGREEMENT or modify the rates set forth in EXHIBIT “B” of this AGREEMENT, provided that the total square footage of all areas for which services are provided does not exceed 8,000 square feet and all areas are limited to office space, conference rooms, public meeting areas, restrooms, and break rooms.

Public Library consists of two areas – (Area 1) approximately 1,074 square feet of office space, public library space, and a restroom, and (Area 2) an adjacent Outdoor Activity Room and adjoining storage closet.

The services identified in EXHIBIT “A” of this AGREEMENT are not all-inclusive, and CONSULTANT understands and agrees that all tasks incidental to cleaning functions not specifically listed, but normally included in general janitorial practices, shall be provided.

CONSULTANT shall provide the following services:

A. Daily Service (CITY HALL: TO OCCUR EVERY MONDAY, WEDNESDAY, AND FRIDAY BETWEEN 6 P.M. AND 11:59 P.M., EVERY SUNDAY ANY TIME, AND AS REQUESTED BY CITY) (PUBLIC LIBRARY AREA 1: TO OCCUR EVERY MONDAY, TUESDAY, WEDNESDAY, THURSDAY, AND FRIDAY BETWEEN 6 P.M. AND 11:59 P.M., AND AS REQUESTED BY CITY)
• Baby Diaper Changing Stations: Wipe down all hard surfaces with a damp cloth and dry.

Clean, disinfect*, and remove all spills and soiling.
• Carpet Spot Cleaning: Check all carpeted areas for new dirty spots, stains, and gum and, ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

if found, treat with a carpet spot cleaning solution.
• Carpeted Floors: Vacuum all carpeted areas free of all visible debris including, but not limited to, areas underneath furniture, underneath mats, and behind doors. • Cobwebs. Remove all cobwebs from corners, ceilings, light fixtures, and door/window frames.
• Drinking Fountains: Clean and disinfect* all metal surfaces and touch points, including orifices, drains, and push bars, as well as adjacent grab bars. Remove all smudges, fingerprints, marks, streaks, and other visible soil from the drinking fountains (including, but not limited to, calcium buildup).
• Elevator (City Hall Only): Vacuum the carpeted floor of the elevator. Clean all buttons (inside and outside of the elevator car), control panels, and metal railings with an appropriate solution to remove smudges, fingerprints, marks, streaks, and other visible soil. • Interior Surfaces: Remove smudges, fingerprints, marks, streaks, and other visible soil from all washable, interior hard surfaces inside City Hall including, but not limited to, mirrors, light switches, doors, door handles, door frames, telephone stations, and display cases.
• Lobbies and Entrances: Clean all glass doors (inside and outside) with an appropriate solution to remove smudges, fingerprints, marks, and streaks. Vacuum all door mats. • Non-Carpeted Floors: Vacuum or sweep all non-carpeted floors free of all visible debris including, but not limited to, areas underneath furniture, underneath mats, and behind doors. Damp-mop and dry all non-carpeted floors with an appropriate solution to remove visible debris.
• Restrooms: Clean and polish stainless steel surfaces. Clean and disinfect* all sinks, counters, receptacles, dispensers, partitions, fiberglass reinforced plastic (FRP)-covered walls, toilets, urinals, fixtures, and metal surfaces. Clean all mirrors and metal surfaces with an appropriate solution to remove smudges, fingerprints, marks, and streaks. Mop and clean all non-carpeted floors with an appropriate solution to remove fecal matter, urine, bodily fluids, and visible debris. Refill all soap dispensers and paper dispensers. Add water to floor drains to prevent sewer odor.
• Tables, Counters, and Desks, and Chairs: Remove all non-permanent stains, spots, spills, and marks from desktops, counters, tables, chairs, cabinets, bookshelves, and other hard surfaces. Cleaning shall not be of such a degree as to remove the finish or leave abrasive marks.
• Waste Receptacles and Shredders: Empty all waste receptacles and shredders and return the same to the locations in which they were found. Clean the interior and exterior of all waste receptacles and the walls/surfaces next to waste receptacles. Replace all waste receptacle liners after each cleaning.
• Irregularities. Leave written notice for CityCITY staff of all irregularities observed during the performance of daily service (e.g., defective plumbing fixtures, electrical problems, burned-out lights, breakage or damage to light bulbs, missing supplies). • Setup of City Council Chambers. Setup, rearrange, or stack in designated locations, tables and chairs in the City Council Chambers as requested by CITY. * For Daily Service, disinfection shall be performed using one or more United States Environmental Protection Agency (EPA)-registered disinfectant products appropriate for ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

use on the surface for which it is used.

B. Monthly Service (PUBLIC LIBRARY AREA 2: TO OCCUR ONE CONSISTENTLY SCCHEDULED WEEKDAY PER MONTH BETWEEN 6 P.M. AND 11:59 P.M., AND AS REQUESTED BY CITY – CONSULTANT TO PROVIDE CITY WITH A SCHEDULE

FOR SCHEDULED MONTHLY SERVICE)
Note: Public Library Area 2 includes desktops, counters, tables, and chairs when set out prior to the beginning of janitorial services, or when setup by janitorial services personnel. Desktops, counters, tables, and chairs when stored in the storage closet are not included. • Blinds and Shutters: Clean all dust, dry soil, and other visible debris from all blinds and shutters. Return all slats and cords to the position in which they were prior to cleaning. • Cobwebs. Remove all cobwebs from corners, ceilings, light fixtures, and door/window frames.
• Dusting: Dust all surfaces including, but not limited to, doors, desktops, counters, tables, chairs, windowsills (interior and exterior), and wall-mounted artwork/plaques. • Non-Carpeted Floors: Vacuum, sweep, or use other appropriate methods to keep all noncarpeted floors free of all visible debris including, but not limited to, areas underneath furniture, underneath mats, and behind doors.
• Surfaces: Remove smudges, fingerprints, marks, streaks, and other visible soil from all washable hard surfaces including, but not limited to, light switches, doors, door handles, and door frames.
• Tables, Counters, Desks, and Chairs: Remove all non-permanent stains, spots, spills, and marks from desktops, counters, tables, chairs, and other hard surfaces. Cleaning shall not be of such a degree as to remove the finish or leave abrasive marks. • Windows and Glass Doors: Clean the interior and exterior surfaces and frames of all windows with an appropriate solution to remove smudges, fingerprints, marks, and streaks.

For this bullet, “windows” refers to all interior and exterior windows, including glass doors. • Irregularities. Leave written notice for CITY staff of all irregularities observed during the performance of daily service (e.g., defective plumbing fixtures, electrical problems, burned-out lights, breakage or damage to light bulbs, missing supplies). • Setup of Outdoor Activity Room. Setup, rearrange, or stack in designated locations, tables and chairs in the Outdoor Activity Room as requested by CITY.

BC. Monthly Service (TO OCCUR ONE CONSISTENTLY SCHEDULED WEEKDAY PER MONTH BETWEEN 6 P.M. AND 11:59 P.M. FOR BOTH CITY HALL AND PUBLIC LIBRARY AREA 1, AND AS REQUESTED BY CITY – CONSULTANT TO PROVIDE

CITY WITH A SCHEDULE FOR SCHEDULED MONTHLY SERVICE)
• Air Conditioner Supply Vents, Returns, and Exhaust Fan Grills: Clean all dust, dry soil, particles, and other visible debris from vents, returns, and grills, as well as from walls and ceiling areas adjacent to vents, returns, and grills.
• Balcony (City Hall Only): Sweep or mop and dispose of all debris on the second-floor balcony.

ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

• Blinds and Shutters: Clean all dust, dry soil, and other visible debris from all blinds and shutters. Return all slats and cords to the position in which they were prior to cleaning. • Coffee Machines (City Hall Only): Clean all visible food/drink residue, debris, and waste material. Clean buttons and exterior surfaces with an appropriate solution to remove smudges, fingerprints, marks, and streaks.
• Dishwasher (City Hall Only): Clean and polish stainless steel surfaces. • Dusting: Dust all surfaces including, but not limited to, doors, desktops, counters, tables, chairs, cabinets, bookshelves, hard surfaces of cubicle partitions, windowsills (interior and exterior, excluding second floor exterior), and wall-mounted artwork/plaques. • Furniture: Vacuum all upholstered furniture. Lift and vacuum underneath all removable cushions. Wipe down all vinyl and hard surfaces with a damp cloth and dry. Clean, disinfect*, and remove all spills and soiling.
• Ice Machines (City Hall Only): Clean and polish stainless steel surfaces. • Microwaves and Toaster Ovens (City Hall Only): Clean and polish stainless steel surfaces.

Clean all visible food/drink residue, debris, and waste material. Clean buttons and interior and exterior surfaces with an appropriate solution to remove smudges, fingerprints, marks, and streaks.
• Plexiglas Panels/Partitions (City Hall Only): Clean both sides of the Plexiglas panels/partitions at the first-floor public counter areas using one or more cleaning products appropriate for use on the surface for which it is used. • Refrigerators and Freezers (City Hall Only): Remove and dispose of all food and beverages (unless otherwise marked with the City’s logo) from the refrigerator and freezer.

Clean and polish stainless steel surfaces. Clean all visible food/drink residue, debris, and waste material. Clean buttons and interior and exterior surfaces with an appropriate solution to remove smudges, fingerprints, marks, and streaks. • Stairwells (City Hall Only): Sweep or mop and dispose of all debris in both stairwells.

Wipe down all railings with a damp cloth and dry.
• Windows and Glass Doors: Clean the interior surfaces and frames of all first- and secondfloor windows and the exterior surfaces and frames of all first-floor windows with an appropriate solution to remove smudges, fingerprints, marks, and streaks. For this bullet, “windows” refers to all interior and exterior windows, including glass doors. • Irregularities. Leave written notice for CityCITY staff of all irregularities observed during the performance of daily service (e.g., defective plumbing fixtures, electrical problems, burned-out lights, breakage or damage to light bulbs, missing supplies). * For Monthly Service, disinfection shall be performed using one or more United States Environmental Protection Agency (EPA)-registered disinfectant products appropriate for use on the surface for which it is used.

C. COVID-19 Disinfection Service (TO OCCUR EVERY MONDAY, TUESDAY, WEDNESDAY, THURSDAY, AND SUNDAY BETWEEN 6 P.M. AND 11:59 P.M. AND AS

REQUESTED BY CITY)
• Disinfection: Disinfect all of the following using one or more United States Environmental Protection Agency (EPA)-registered disinfectant products that has qualified for use against ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

SARS-CoV-2, the novel coronavirus that causes COVID-19 (EPA List N):
o First Floor
 Public counters in main lobby area
 Conference Room table and chairs with arms
 Council Chambers conference table and chairs with arms  Council Chambers dais countertops and chairs with arms  Drinking fountains – all metal surfaces and touch points, including orifices, drains, and push bars
 Burglar alarm keypad
o Second Floor
 Baby diaper changing station
o Both Floors
 Bathroom counters and all metal surfaces in bathrooms  Elevator buttons (inside and outside of the elevator car) and control panel  Door handles (interior and exterior) and panic bars
 Light switches
 Stairwell railings
D. Emergency Service (TO OCCUR AS REQUESTED BY CITY WITH ON-SITE RESPONSE REQUIRED WITHIN TWO (2) HOURS OF REQUEST BY CITY) Emergency services may include all or a portion of the work otherwise required for Daily Service, Monthly Service, and Disinfection Service.

E. Special Event Service (TO OCCUR AS REQUESTED BY CITY) Special event services may include all or a portion of the work otherwise required for Daily Service, Monthly Service, and Disinfection Service, as well as:
• Public Assistance: Assist members of the public by removing items from vehicles, moving items to designated collection areas, and performing similar manual labor. Items may be up to fifty (50) pounds in weight and include items for disposal or recycling (e.g., universal waste, electronic waste, documents, light bulbs, batteries, and medication).

Securing of Alarms, Doors, and Windows
CITY shall issue necessary keys, entry codes, and alarm codes to CONSULTANT, as may change from time to time at CITY’s sole discretion. CONSULTANT shall sign for the issuance of such keys, entry codes, and alarm codes and return all keys to CITY immediately upon termination of the agreement or request by CITY. CONSULTANT shall not duplicate any key nor allow any unauthorized personnel to be in possession of, or otherwise gain access to, any key, entry code, or alarm code. CONSULTANT shall provide verbal and written notice to CITY immediately upon becoming aware of any unauthorized use, duplication, or access of any key, entry code, or alarm code.

ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

CONSULTANT shall ensure that City Hall is and Public Library are alarmed, with all exterior doors and windows securely closed and locked prior to departure. In the event that City Hall or Public Library is occupied by CITY or County of Orange Library staff at the time of departure, CONSULTANT shall securely close and lock all exterior doors and windows, and notify CITY or County of Orange Library staff of their departure, but not alarm the building. CONSULTANT shall exercise reasonable care and attention to ensure that no entry to City Hall and Public Library is made by non-CITY or County of Orange Library employees while performing services outside of City Hall’s business hours.

Waste Disposal
CONSULTANT shall deposit all waste generated or collected in the performance of its duties in a location(s) specified by CITY. Such location(s) may change from time-to-time, at CITY’s sole discretion, and be on-site at City Hall, Public Library, and/or on an immediately adjacent parcel.

CONSULTANT shall comply with all applicable source separation waste disposal requirements.

Holiday Services and Schedule Modifications
CONSULTANT shall not provide service of any kind on holidays observed by CONSULTANT for which holiday rates apply without obtaining prior written authorization from CITY.

CITY reserves the right to cancel any scheduled service by providing at least forty-eight (48) hours written notice to CONSULTANT. CONSULTANT shall not be compensated for such cancellations nor shall such cancellations change the rates set forth in this AGREEMENT.

Supplies and Equipment
• Supplies: CONSULTANT shall notify CITY at least ten (10) business days in advance of the need for any supplies necessary for the performance of its duties. Unless otherwise authorized, in writing, by CITY, CITY shall furnish all supplies deemed necessary by CITY to perform the requested services. CONSULTANT shall use all chemicals and other supplies in accordance with federal, state, and local laws, as well as comply with Material Safety Data Sheets standards. Material Safety Data Sheets shall be on-site and available for all chemicals stored and used within a service area prior to performing work. CITY or CONSULTANT, whichever furnished each, shall post copies of Material Safety Data Sheets for all chemicals used in each janitorial closet in compliance with Occupational Safety and Health Administration (OSHA) Hazard Communication Standard 29 CFR 1900.1200.
• Equipment: CITY shall supply a vacuum, mop, and mop bucket, which CONSULTANT may, but is not required, to use in the performance of its duties. All other necessary equipment, including all personal protective equipment (which, for the purpose of this AGREEMENT shall also include gloves, face masks, and similar materials), shall be purchased and maintained by CONSULTANT at CONSULTANT’s own cost.

ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

On-Site Storage
CITY shall provide a small closet and mop sink at City Hall for use by CONSULTANT while providing services at City Hall or Public Library. Said closet may be used to store supplies and equipment purchased and provided by both CITY and CONSULTANT. CONSULTANT shall acknowledge that it does not have exclusive control over said closet, that supplies and equipment are stored in said closet at CONSULTANT’s own risk, and that said closet may be of insufficient size to store all necessary supplies and equipment. CITY shall not be responsible for CONSULTANT’s losses from said closet.

Supervision of Work
CONSULTANT shall designate a project manager who shall be responsible for overseeing all work performed under the agreement and coordinating the same with CITY, as well as for conducting regular on-site inspections of CONSULTANT’s personnel to ensure compliance with the agreement. He/she/they shall have at least two (2) years of experience involving janitorial services and be fluent in the English language.

CONSULTANT shall work with CITY to establish procedures for providing notification of required services including, at a minimum, the designation of a primary and alternate point of contact, one of whom shall be available to CITY, via telephone, at all times.

No Use of Office
CONSULTANT shall not use any of City Hall’s or Public Library’s telephones, computers, or office equipment while providing services.

No Use of Amplified Sound
CONSULTANT shall not use amplified sound (including, but not limited to, speaker settings on telephones or other personal electronic devices) while providing services.

Uniforms Required
At all times during City Hall and Public Library janitorial services, CONSULTANT’s personnel shall be dressed in clean, high visibility uniforms, appropriate to the nature of the work performed, with the company name clearly identified. No portion of a uniform shall be removed or not worn.

Personnel not in full uniform shall be immediately removed from providing services. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.]
ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

Section 1 of Exhibit B (“Compensation”) of the AGREEMENT is amended to read as follows (additions shown with underlining and deletions shown with strike through):

EXHIBIT "B"

COMPENSATION
Table B-1: Compensation Schedule – As-Needed Services
Service1 Regular Rate2 Holiday Rate2, 3
Daily Service (City Hall;
including all items marked
“City Hall Only” in Exhibit
"A" of this AGREEMENT)
$80.00150.00/per day $120.00225.00/per day
Daily Service (Public
Library Area 1; excludes all
items marked “City Hall
Only” in Exhibit "A" of this

AGREEMENT)
$150.00/per day $225.00/per day
Monthly Service (City Hall;
including all items marked
“City Hall Only” in Exhibit
"A" of this AGREEMENT)
$80.00200.00/per day $120.00300.00/per day
Monthly Service (Public
Library Area 1; excludes all
items marked “City Hall
Only” in Exhibit "A" of this

AGREEMENT)
$200.00/per day $300.00/per day
Monthly Service (Public
Library Area 2) $100.00/per day $150.00/per day
COVID-19 Disinfection
Service $80.00/per day $120.00/per day
Emergency Service (City
Hall or Public Library
Areas 1 or 2)
$25.00/per hour/per person $37.50/per hour/per person
Special Event Service (City
Hall or Public Library
Areas 1 or 2)
$25.00/per hour/per person $37.50/per hour/per person
Supplies Purchased with
Prior Written Authorization
from CITY
Actual Cost + 10% mark-up
(as evidenced by receipts)

ITEM 6.8
CLW-Omni Enterprise – Extension-Amendment 5/17/2023

1 CITY reserves the right to cancel any scheduled service by providing at least forty-eight (48) hours written notice to CONSULTANT. CONSULTANT shall not be compensated for such cancellations nor shall such cancellations change the rates set forth in Table B-1. 2 Rates are not subject to minimums or maximums and are all inclusive. CONSULTANT shall not receive separate compensation for travel, lodging, mileage, telephone service, internet service, equipment, supplies, food, drink, or attire, except as noted in this AGREEMENT. 3 “Holiday Rate” shall apply to the following holidays only: New Year’s Day, Labor Day, Thanksgiving Day, and Christmas Day. CONSULTANT shall not provide service of any kind on holidays for which holiday rates apply without obtaining prior written authorization from CITY.

Rate Changes
The rates set forth in Table B-1 shall not change during the term of this AGREEMENT nor through June 30, 2024 (if the term of this AGREEMENT is extended through that date).

Other Notes
The rates set forth in Table B-1 are “all inclusive”. CITY shall not provide separate or supplemental compensation to CONSULTANT.

The rates set forth in Table B-1 shall not change based on CITY’s addition or modification of the number or type of workstations, chair mats, employees, or similar factors.

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6.9 CODE ENFORCEMENT SERVICES
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ITEM 6.9
CLW-Willdan Engineering – Extension 5/17/2023

EXTENSION OF THE

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND

WILLDAN ENGINEERING

FOR CODE ENFORCEMENT SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on May 5, 2021, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and Willdan Engineering ("CONSULTANT"), is made and entered into this _______________ by and among the CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2021 and 11:59 p.m. on June 30, 2023; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT through a maximum of 11:59 p.m. on June 30, 2025.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on July 31, 2023 with no changes to the terms and conditions of the AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Al Brady, Deputy Director of Building & Safety
APPROVED AS TO FORM:

Alisha Patterson, City Attorney
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6.10 AS NEEDED FINANCIAL CONSULTING

SERVICES
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ITEM 6.10
CLW-Irwin B. Bornstein – Extension 5/17/2023

EXTENSION OF THE

CONSULTANT SERVICES AGREEMENT

BETWEEN THE

CITY OF LAGUNA WOODS
AND
IRWIN B. BORNSTEIN

FOR AS NEEDED FINANCIAL SERVICES
This EXTENSION of the CONSULTANT SERVICES AGREEMENT FOR AS NEEDED FINANCIAL SERVICES ("AGREEMENT") that was entered into on July 1, 2017, by and among the City of Laguna Woods, a general law city of the State of California ("CITY") and Irwin B. Bornstein, an individual ("CONSULTANT"), is made and entered into this _______________ by and among CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2017 and 11:59 p.m. on June 30, 2018; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended by mutual written agreement; and
WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on June 30, 2023.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2024 with no changes to the terms and conditions of the AGREEMENT except as specified herein.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Irwin B. Bornstein
ITEM 6.10
CLW-Irwin B. Bornstein – Extension 5/17/2023

APPROVED AS TO FORM:

Alisha Patterson, City Attorney

6.11 INFORMATION TECHNOLOGY SERVICES
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ITEM 6.11
CLW-Practical Data Solutions – Extension 5/17/2023

EXTENSION OF THE

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND

PRACTICAL DATA SOLUTIONS

FOR INFORMATION TECHNOLOGY SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on June 28, 2017, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and Practical Data Solutions ("CONSULTANT"), is made and entered into this _______________ by and among the CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2017 and 11:59 p.m. on June 30, 2019; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT for any applicable mutually agreeable period; and
WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on June 30, 2023.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2024 with no changes to the terms and conditions of the AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
John McDermott, Owner
ITEM 6.11
CLW-Practical Data Solutions – Extension 5/17/2023

APPROVED AS TO FORM:

Alisha Patterson, City Attorney

6.12 LAW ENFORCEMENT SERVICES
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31 AGREEMENT

BETWEEN THE

CITY OF LAGUNA WOODS

AND THE

COUNTY OF ORANGE
THIS AGREEMENT is entered into this First day of June 2023, which date is enumerated for purposes of reference only, by and between the CITY OF LAGUNA WOODS, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.

WITNESSETH:

WHEREAS, CITY wishes to contract with COUNTY for law enforcement services; and
WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sections 51301 and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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ITEM 6.12

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31 TABLE OF CONTENTS

SECTION PAGE
A. TERM................................................................................................................3 B. OPTIONAL TERMINATION OR EXTENSION..................................................3 C. REGULAR SERVICES BY COUNTY ...............................................................3 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY ......................6 E. BODY WORN CAMERA AND IN CAR VIDEO.................................................9 F. LICENSING SERVICES BY CITY ..................................................................10 G. PAYMENT ......................................................................................................11 H. NOTICES........................................................................................................14 I. STATUS OF COUNTY ...................................................................................15 J. STATE AUDIT ................................................................................................15 K. ALTERATION OF TERMS..............................................................................15 L. INDEMNIFICATION........................................................................................16 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM.....................................17 N. MOBILE DATA COMPUTERS........................................................................20 O. E-CITATION UNITS........................................................................................21 SIGNATURE PAGE...............................................................................................23 Attachment A: Regular Services by County
Attachment B: City Ordinances
Attachment C: Payment
Attachment D: County Billing Policy
Attachment E: Forfeited and Seized Asset Policy
Attachment F: TVAP Resolution
Attachment G: TVAP Form
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ITEM 6.12

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31 A. TERM:

The term of this Agreement shall commence July 1, 2023 and terminate June 30, 2024 unless earlier terminated by either party or extended in the manner set forth herein.

B. OPTIONAL TERMINATION OR EXTENSION:

1. COUNTY or CITY may terminate this Agreement, without cause, upon one-hundred and eighty (180) days written notice to the other party.

2. If COUNTY and CITY have not entered into a written agreement by June 30, 2024 for COUNTY to provide to CITY, during all or part of the period between July 1, 2024 and June 30, 2025, law enforcement services similar to those specified herein, then SHERIFF, on behalf of COUNTY, and CITY’s Manager, on behalf of CITY, are authorized to execute a written amendment to this Agreement that provides as follows and does not materially alter other terms of the Agreement: SHERIFF shall continue to provide to CITY all or a designated part of the law enforcement services specified herein, for a specified time period between July 1, 20243 and August 31, 20243 and CITY shall pay COUNTY the full costs of providing such services. Such full costs may be greater than those listed herein for the period July 1, 2023 through June 30, 2024. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk.

C. REGULAR SERVICES BY COUNTY:

1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, hereinafter referred to as “SHERIFF”, shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY other than licensing ordinances.
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ITEM 6.12

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31 C. REGULAR SERVICES BY COUNTY: (Continued)

2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to CITY’s Council.

3. The level of service, other than for licensing, to be provided by COUNTY for the period July 1, 2023 through June 30, 2024, is set forth in Attachment A.

4. For any service listed in Attachment A in this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the option to terminate such service in the event the other city or cities that contract(s) for the balance of the time of the employee providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to provide for payment of 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection G-2 will be adjusted accordingly.

5. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. COUNTY shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services.

Charges shall be reduced on the next monthly billing tendered in accordance with Subsection G-3 of this Agreement.

6. During emergencies, such as mutual aid situations, SHERIFF will attempt to staff the CITY’s Emergency Operations Center (EOC) with a Captain or Sergeant to assist the CITY with the operations of the EOC. Such services may be considered supplemental to the contract and chargeable to the CITY on a time and material basis to the extent the services provided are at a ITEM 6.12

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31 C. REGULAR SERVICES BY COUNTY: (Continued)
level greater than that specified in Attachment A of this Agreement.

7. With respect to the licensing ordinances of CITY listed in Attachment B, SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Such investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. COUNTY shall not provide any administrative or investigatory services related to the licensing ordinances listed in Attachment B, except the investigations relating to initial applications for which this subsection provides.

In the event CITY amends Attachment B, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CITY’s amended Attachment B, as long as said Amendment to this Agreement does not materially change any other provision of this Agreement.

8. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate.

Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment C, and the Maximum Obligation of CITY set forth in Subsection G-2, in accordance with the current year’s COUNTY law enforcement cost study.

SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk. Except for costs related to Sections G-4a and G-4b, changes ITEM 6.12
ITEM 6.12
ITEM 6.12

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31 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)

3. Supplemental services for events operated by public entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this subsection D-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

SHERIFF shall bill CITY immediately after each such event.

4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered.
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ITEM 6.12

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31 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)

5. In accordance with Government Code Section 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment C and in the Maximum Obligation of CITY set forth in Subsection G-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment C and in the Maximum Obligation set forth in Subsection G-2 has been established without written notification to the CITY.

E. BODY WORN CAMERA AND IN CAR VIDEO:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, body worn cameras (hereinafter called “BWC”) that will be worn by SHERIFF’S personnel and In Car Video (hereinafter called “ICV”) that will be mounted in vehicles designated by SHERIFF for use within CITY service area.

2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs.

ITEM 6.12

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31 E. BODY WORN CAMERA AND IN CAR VIDEO: (Continued)
CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said BWC and ICV during the period July 1, 2023 through June 30, 2024.

4. If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF’S personnel or vehicles designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of additional BWC and the full cost of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

5. COUNTY will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade BWC and ICV.

F. LICENSING SERVICES BY CITY:

Upon receipt from COUNTY of investigations of applications for licenses referred to in Subsection C-7 of this Agreement, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and the ITEM 6.12

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31 F. LICENSING SERVICES BY CITY: (Continued)
enforcement of CITY ordinances pertaining to said licenses.

G. PAYMENT:

1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and COUNTY General overhead.

2. Unless the level of service set forth in Attachment A is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for services, other than Licensing Services, set forth in Attachment A of this Agreement, to be provided by COUNTY for the period July 1, 2023through June 30, 2024 shall be $3,049,067 as set forth in Attachment C.

The overtime costs included in the Agreement are only an estimate.

SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY’s Maximum Obligation.

3. COUNTY shall invoice CITY monthly. During the period of July 1, 2023 through June 30, 2024, said invoices will require payment by CITY of one-twelfth (1/12) of the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement, as said Maximum Obligation may have been increased or decreased pursuant to mutual agreement of the parties.

In addition, if a determination is made that increases described in Subsection G-4 must be paid, COUNTY thereafter shall include the pro-rata charges for such increases in its monthly invoices to CITY for the balance ITEM 6.12

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31 G. PAYMENT: (Continued)
of the period between July 1, 2023 and June 30, 2024.
4a.At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the Fiscal Year 2023-24 cost set forth in Attachment C nor in the Fiscal Year 2023-24 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 2023, and CITY’s Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2023 through June 30, 2024, and CITY’s Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased.

ITEM 6.12

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31 G. PAYMENT: (Continued)
4b.If CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY, as set forth in Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2023 through June 30, 2024 an amount specified by CITY that is equivalent to or higher or lower than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing, pursuant to Subsection C-8. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY.

5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, Attachment D.

6. COUNTY shall charge CITY late payment penalties in accordance with the County Billing Policy.

7. As payment for the Licensing Services described in Subsection C-7 of this Agreement, COUNTY shall retain all fees paid by applicants for licenses pursuant to CITY ordinances listed in Attachment B. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-7; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ITEM 6.12

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31 G. PAYMENT: (Continued)
ordinances listed in Attachment B at the time this Agreement was executed.

If CITY increases the fee schedule for the licensing ordinances set forth in Attachment B, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY.

8. Fees generated or collected by SHERIFF contract personnel for copying of documents related to the services provided in this Agreement will be at COUNTY-established rates and will be credited to CITY on an annual basis.

9. Narcotic asset forfeitures will be handled pursuant to Attachment E.

H. NOTICES:

1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:

CITY: ATTN: CITY MANAGER
24264 EL TORO ROAD
LAGUNA WOODS, CA 92653
COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER

SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703

2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.
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ITEM 6.12

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31 I. STATUS OF COUNTY:

COUNTY is, and at all times shall be deemed to be, an independent contractor.

Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees.

J. STATE AUDIT:

Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit then in progress, or to any claims or litigation, shall be retained beyond said three-year period until final resolution of said audit, claim or litigation.

K. ALTERATION OF TERMS:

This Agreement is comprised of this document and Attachments A through G, which are attached hereto and incorporated herein by reference.

This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, unless expressly provided herein, shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.

ITEM 6.12

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31 L. INDEMNIFICATION:

1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street, work, or property of CITY, or for any illegality or unconstitutionality of CITY’s municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work, or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street, work, or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability ITEM 6.12

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31 L. INDEMNIFICATION: (Continued)
will be apportioned as determined by the court. Neither party shall request a jury apportionment.

2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.

M. TRAFFIC VIOLATOR APPREHENSION PROGRAM:

1. COUNTY has established a Traffic Violator Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted fees pursuant to Vehicle Code Section 22850.5, in the ITEM 6.12

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31 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) same amount as approved by COUNTY, as set forth in the resolution that is Attachment F [hereinafter called a “TVAP resolution”], and has directed that the revenue from such fee be used for the Program. CITY’s participation in the Program may be terminated at any time by rescission or amendment of the TVAP resolution. In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CITY’s amended or new TVAP resolution for Attachment F to the Agreement, as long as said amendment to the Agreement does not materially change any other provision of the Agreement. As COUNTY updates its fees for the Program periodically, COUNTY will provide written notice to CITY of the updated fees. CITY’S participation in the Program will terminate if CITY determines not to adopt the updated fees for the Program.

2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY.

3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
 Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
 One (1) Staff Specialist
(80 hours per two-week pay period)
 One (1) Office Specialist
(80 hours per two-week pay period)
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ITEM 6.12

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31 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)

4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain preapproval of the expenditure by using the form as shown in Attachment G.

The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY’s fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase. In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase.

5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program services rendered. In the event of a reduction in level of Program service, ITEM 6.12

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31 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) termination of Program service or adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY.

N. MOBILE DATA COMPUTERS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or
replacement/upgrade of said MDCs during the period July 1, 2023 through June 30, 2024.
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ITEM 6.12

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31 N. MOBILE DATA COMPUTERS: (Continued)

4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars designated for use in the CITY, or for CITY‘s Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs.

O. E-CITATION UNITS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units ITEM 6.12

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31 O. E-CITATION UNITS: (Continued)
when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said E-Citation units during the period July 1, 2023 through June 30, 2024.

4. If, following the initial acquisition of E-Citation units referenced above, CITY requires additional E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.

5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units.
//
//
//
ITEM 6.12
ITEM 6.12

ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:

Title Detail Quantity Frequency
INVESTIGATION SERVICES:

Investigator 0.50 40 hrs./ per two wk. pay period
PATROL AND TRAFFIC SERVICES*:

Sergeant Patrol/Traffic 1.00 80 hrs./ per two wk. pay period Sergeant Patrol/Traffic 0.34 27.20 hrs./per two wk. pay period Deputy Sheriff II Patrol/Traffic 6.00 each, 80 hrs./ per two wk. pay period TOTAL 7.84
* Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation
TRAFFIC:

Sergeant Traffic 0.60 1.70%
Deputy Sheriff II Traffic 4.00 1.70%
Investigative Assistant Traffic 2.00 1.70%
Office Specialist Traffic 1.00 1.70%
AUTO THEFT:

Sergeant Auto Theft 0.30 0.35%
Investigator Auto Theft 2.00 0.35%
Investigative Assistant Auto Theft 1.00 0.35%
Office Specialist Auto Theft 1.00 0.35%
DIRECT ENFORCEMENT:

Sergeant DET 1.00 0.88%
Investigator DET 1.00 0.88%
COURTS:

Investigative Assistant Courts 2.00 1.56%
TOTAL 15.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-3)

CITY OF LAGUNA WOODS

ORANGE COUNTY SHERIFF-CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT

ITEM 6.12

ATTACHMENT B
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 CITY OF LAGUNA WOODS

LICENSING ORDINANCES

BINGO GAME

BINGO OFFICIAL

CANVASSER/SOLICITOR

COIN DEALER

COMMERCIAL FORTUNETELLER

DANCE INSTRUCTOR (NUDE)

DANCE STUDIO (NUDE)
ESCORT

ESCORT BUREAU

FIGURE MODEL (NUDE)

FIGURE MODEL STUDIO (NUDE)

GUN DEALER

INTERLOCUTRIX (NUDE)

INTRODUCTORY SERVICE

JUNK COLLECTOR

JUNK DEALER

MEDICAL MARIJUANA DISPENSARY

PEDDLER

POOL ROOM

PUBLIC DANCE

RAP SESSION (NUDE)
SECONDHAND DEALER (Pawnbroker)

TAXICAB STAND
ITEM 6.12

ATTACHMENT C
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2):

Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
INVESTIGATION SERVICES:

Investigator 0.50 $ 355,128 $ 177,564
PATROL AND TRAFFIC SERVICES:

Sergeant Patrol/Traffic 1.00 $ 359,633 $ 359,633
Sergeant Patrol/Traffic 0.34 $ 359,633 $ 122,275
Deputy Sheriff II Traffic 6.00 $ 300,145 $ 1,800,872
TOTAL POSITIONS 7.84 $ 2,460,344
REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation Cost $
TRAFFIC:

Sergeant Traffic 0.60 1.70% $ 4,753
Deputy Sheriff II Traffic 4.00 1.70% $ 24,976
Investigative Assistant Traffic 2.00 1.70% $ 5,362
Office Specialist Traffic 1.00 1.70% $ 2,087
AUTO THEFT:

Sergeant Auto Theft 0.30 0.35% $ 484
Investigator Auto Theft 2.00 0.35% $ 2,386
Investigative Assistant Auto Theft 1.00 0.35% $ 551
Office Specialist Auto Theft 1.00 0.35% $ 416
DIRECT ENFORCEMENT:

Sergeant DET 1.00 0.88% $ 3,678
Investigator DET 1.00 0.88% $ 3,411
COURTS:

Investigative Assistant Courts 2.00 1.56% $ 4,637
TOTAL REGIONAL/SHARED 15.90 $ 52,741
OTHER CHARGES AND CREDITS (Subsection G-2):

OTHER CHARGES:

CREDITS:

TOTAL OTHER CHARGES AND CREDITS $ 535,982
TOTAL COST OF SERVICES (Subsection G-2) $ 3,049,067

ORANGE COUNTY SHERIFF-CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT

CITY OF LAGUNA WOODS
"PAYMENT"
(Subsection G-2)
Credits include: AB 109 (2011 Public Safety Realignment); estimated vacancy credits; reimbursement for false alarms; reimbursement for training and miscellaneous programs.

Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for five and thirty-four hundredths (5.34) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education pay, MARTpay and on-call pay; services and supplies; and transportation charges.

ITEM 6.12

ATTACHMENT D

COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.

Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.

II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.

B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.

III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services.

Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days.

B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency:

1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.

ITEM 6.12

2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.

3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.

An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.

IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.

V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)
ITEM 6.12

VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc.

Late charges will be assessed in the following situations:
 Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
 Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
 Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.

The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy.

VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the AuditorController for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.

VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.

If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.

ITEM 6.12

IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.

X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.

XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.

ITEM 6.12
5/7/2020 Rev.

ATTACHMENT E

POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS

BACKGROUND
The Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.

CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.

In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.

In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.

In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY.

Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.

Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency.

ITEM 6.12

ATTACHMENT F
ITEM 6.12
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OCSD
BUDGET

USE ONLYR E Q U E S T C ER TI FI CA T IO N A P P R O V A L S

ORANGE COUNTY SHERIFF-CORONER

TRAFFIC VIOLATOR APPREHENSION PROGRAM

CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date

APPLICABILTY

QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST

THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS

WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR

APPREHENSION PROGRAM
CITY MANAGER REQUEST:

Printed Name
Signature: DATE
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM

ORANGE COUNTY SHERIFF-CORONER DEPARTMENT

ATTACHMENT G
ITEM 6.12
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6.13 AS NEEDED WASTE MANAGEMENT

CONSULTING SERVICES
This page is intentionally blank.

ITEM 6.13
CLW-Michael Balliet – Extension 5/17/2023

EXTENSION OF THE

CONSULTANT SERVICES AGREEMENT

BETWEEN THE

CITY OF LAGUNA WOODS
AND

MICHAEL BALLIET

FOR AS NEEDED WASTE MANAGEMENT SERVICES
This EXTENSION of the CONSULTANT SERVICES AGREEMENT FOR AS NEEDED WASTE MANAGEMENT SERVICES ("AGREEMENT") that was approved by the City Council on June 24, 2015, by and among the City of Laguna Woods, a general law city of the State of California ("CITY") and Michael Balliet, an individual ("CONSULTANT"), is made and entered into this _______________ by and among CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2015 and 11:59 p.m. on June 30, 2016; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended by mutual written agreement; and
WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on June 30, 2023.

NOW THEREFORE, the parties agree as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2024 with no changes to the terms and conditions of the AGREEMENT except as specified herein.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Michael Balliet
ITEM 6.13
CLW-Michael Balliet – Extension 5/17/2023

APPROVED AS TO FORM:

Alisha Patterson, City Attorney

6.14 CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY RISK MANAGEMENT

EDUCATIONAL FORUM
(NO REPORT)
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6.15 REJECTION OF CLAIM
(NO REPORT)
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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
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ITEM 7.1
CC  05-17-2023 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: May 17, 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. Continue the public hearing that was continued from the regular City Council meeting on April 19, 2023.

AND

3. Receive public testimony.

AND

4. Close public hearing.

AND

5. Adopt a resolution titled:

ITEM 7.1
ITEM 7.1 – AR Page 2 of 6 CC  05-17-2023 RM

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
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
ITEM 7.1
CC  05-17-2023 RM ITEM 7.1 – AR Page 3 of 6
The project location is within the Professional and Administrative Office (PA) 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.

April 19, 2023 City Council Meeting
At the City Council meeting on April 19, 2023, the public hearing for this item was opened and continued to today’s meeting. One resident provided public testimony generally related to concerns regarding the architectural design and compatibility of the proposed new building.

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 ITEM 7.1
ITEM 7.1 – AR Page 4 of 6 CC  05-17-2023 RM
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.

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 conditions of approval 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.

ITEM 7.1
CC  05-17-2023 RM ITEM 7.1 – AR Page 5 of 6
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, Australian 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.

Proposed 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, areas, 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.

Revisions to Documents Since April 19, 2023 City Council Meeting Subsequent to the City Council meeting on April 19, 2023, the applicant revised the proposed sign program (Exhibit B to Attachment A) and site, building, and conceptual landscape plans (Attachment C). The revisions updated the conceptual renderings and preliminary landscape plan to better approximate the variety and type of proposed landscaping. The previous conceptual renderings and preliminary landscape plan appeared to show extensive turf grass although no turf grass was proposed. The areas and dimensions of proposed signs were also corrected.

Also, subsequent to the City Council meeting on April 19, 2023, staff revised the proposed conditions of approval (Exhibit A to Attachment A). Revisions include, but are not limited to, modifying Condition of Approval #1 and adding Condition ITEM 7.1
ITEM 7.1 – AR Page 6 of 6 CC  05-17-2023 RM
of Approval #5 to clarify that grading plans would be reviewed and acted upon separately, as well as clarifying that the limits on constructions hours set by Condition of Approval #25 would apply until all structures and facilities permitted by Site Development Permit SDP-1521 pass all necessary inspections by the City, El Toro Water District, and Orange County Fire Authority.

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.

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 (“City Council”), after giving notice thereof as required by law, opened a public hearing regarding Site Development Permit SDP-1521 and Sign Program SP-2022-0002 and continued such hearing to May 17, 2023; and WHEREAS, on May 17, 2023, the City Council, continued the public hearing regarding Site Development Permit SDP-1521 and Sign Program SP-2022- 0002; and
WHEREAS, the City Council accepted public testimony regarding Site Development Permit SDP-1521 and Sign Program SP-2022-0002 during the public hearing on both April 19, 2023 and May 17, 2023; and
WHEREAS, the City Council has carefully considered all pertinent testimony, as well as all information contained in the agenda report prepared for ITEM 7.1 – Attachment A
R 23-XX 2 XX-XX-2023
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 (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 ITEM 7.1 – Attachment A
R 23-XX 3 XX-XX-2023
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 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 ITEM 7.1 – Attachment A
R 23-XX 4 XX-XX-2023
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 #19 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 #24 and #25 limit noise on the property in consideration of the nearby residential use.

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.

ITEM 7.1 – Attachment A
R 23-XX 5 XX-XX-2023
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 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 #7 requires graffiti to be removed within 24 hours. Condition of Approval #27 includes requirements to ensure that “signage does not, at any time, create an actual or reasonably foreseeable nuisance for properties ITEM 7.1 – Attachment A
R 23-XX 6 XX-XX-2023
located within line of sight, passing motorists, or any other party...” Condition of Approval #28 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 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.

ITEM 7.1 – Attachment A
R 23-XX 7 XX-XX-2023
PASSED, APPROVED AND ADOPTED on this XX day of XX 2023. _______________________________
CYNTHIA S. CONNERS, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Resolution No. 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, grading permits, and encroachment 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 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. Grading for the project shall comply with the Laguna Woods Municipal Code and other applicable laws, rules, and regulations. This approval does not include any approval for grading of any kind, nor does it represent or imply that any grading proposed in connection with this application, or at any time in the future, will or will not be approved by the City.

6. This approval does not eliminate the need for building permits, grading 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.

7. Graffiti on the property shall be removed at the Applicant(s)’/Owner(s)’ expense within 24 hours.

8. 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.

9. 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.

10. 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.

11. 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.

ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 3 of 8

12. 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 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.

13. 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.

14. 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.

15. 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 ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 4 of 8 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 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.

16. 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

17. 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.

18. 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.

19. Equipment and supply deliveries shall be scheduled to occur during off-peak hours of operation, to minimize on-site traffic and parking impacts.

20. All waste and recycling receptacles for collection– 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 ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 5 of 8 frequent collection exceeds available space in trash enclosures enclosed by a roofed structure with opaque walls and access point(s).

21. 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.

22. 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.

23. 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.

24. 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.

25. Until all structures and facilities permitted by this site development program pass all necessary inspections by the City, El Toro Water District, and Orange County Fire Authority, construction activity 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.

ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 6 of 8 • Saturday: 9 a.m. to 3 p.m.
• Sunday: 9 a.m. to 3 p.m.
• Federal Holidays: Not Allowed
Sign Program SP-2022-0002

26. 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.

27. 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.

28. 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.

29. No sign shall flash, blink, rotate, engage in any motion, or emit any noise.

30. Fountains or other water features shall not include the use of any ornamental ITEM 7.1 – Exhibit A to Attachment A
SDP-1521 and SP-2022-0002 Conditions of Approval | Page 7 of 8 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 features for maintenance purposes, or for moving water within cascading water features to the extent that such movement is concealed from public view.

31. 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.

32. 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/2023/05/7.1-4b-2023-05- 17-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/2023/05/7.1-6b-2023-05- 17-Parentis-Health-Planning-Submittal.pdf
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8.1 CITY MANAGER EMPLOYMENT AGREEMENT
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ITEM 8.1
CC  05-17-2023 RM ITEM 8.1 – AR Page 1 of 5
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Alisha Patterson, City Attorney
FOR: May 17, 2023 Regular Meeting
SUBJECT: City Manager Employment Agreement
Recommendation
Approve a City Manager Employment Agreement with Christopher Macon and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

Background
Christopher Macon has been employed by the City since May 2007 and has served as City Manager since August 2013. The terms of his employment are set forth in an employment agreement approved by the City Council. Without further action, the existing employment agreement will expire on August 21, 2024.

The City Council’s designated representatives (Cynthia S. Conners, Mayor, and Noel Hatch, Mayor Pro Tem), acting with instruction provided by the City Council in closed session pursuant to California Government Code Section 54957.6, has negotiated with the City Manager regarding a potential contract extension.

Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on a proposed employment agreement that would continue Christopher Macon’s service as City Manager (Attachment A). The City’s designated representatives recommend that the City Council approve the agreement and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.

ITEM 8.1
ITEM 8.1 – AR Page 2 of 5 CC  05-17-2023 RM
Key terms of the proposed agreement include:

Term Proposed Agreement Existing Agreement
§ 1 Term Approximately 6 years Same
May 17, 2023 through August 21,
2029
October 17, 2018
through August 21,
2024
§ 4(a) Base Salary $196,376.45 Same
Automatic
Annual
Increases in
Base Salary
2% (June 2023 and each
subsequent January)
CPI or 2%,
whichever is less
§ 4(c) Base Deferred
Compensation
$750 per month contribution for
the remainder of 2023.

No deferred
compensation
Automatic
Annual
Increases in
Base Deferred
Compensation
$250 per month (not to exceed
IRS limits).
§ 6(e) Technology
Allowance
$150 per month to maintain home
internet and cellular telephone
capabilities for job-related use.

Same
§ 5(b) Administrative
Leave
2 weeks (80 hours) per calendar
year. Administrative Leave cannot
be carried over between
subsequent calendar years and is
not compensable upon separation
or termination.

Same
ITEM 8.1
CC  05-17-2023 RM ITEM 8.1 – AR Page 3 of 5
Term Proposed Agreement Existing Agreement
§ 5(a) Paid Time Off Same as other full-time
employees. 4 weeks (160 hours)
per calendar year with an accrual
limit of 12 weeks (480 hours).

Same
§ 5(c) Floating
Holidays
Same as other full-time
employees. 2 days (16 hours) per
calendar year. Floating Holidays
cannot be carried over between
subsequent calendar years, but are
compensable upon separation or
termination.

Same
§5(c) Benefit
Allowance
Same as other full-time employees
hired prior to January 1, 2019.
$1,000 per month (less a
mandatory contribution to the
City’s employee assistance
program) that can be applied
toward health, dental, and/or
vision insurance, as well as health
and/or dependent care flexible
spending accounts. Up to $500
may be taken as taxable
compensation. Any amount that
remains after benefit elections is
forfeited.

Same
§5(d) Retirement Same as other full-time employees
considered “Classic” by the
California Public Employees
Retirement System (“CalPERS”).

The City Manager pays the 7%
CalPERS employee contribution
and 7.65% Social Security and
Medicare employee contributions
from salary. The City pays the
Same
ITEM 8.1
ITEM 8.1 – AR Page 4 of 5 CC  05-17-2023 RM
Term Proposed Agreement Existing Agreement
CalPERS employer contribution
(11.41%, increasing to 12.97% on
July 1, 2023) and 7.65% Social
Security and Medicare employer
contributions.
§ 3(a)
and
§ 3(c)
Severance Pay
and Benefits
In the event of termination without
cause or involuntary resignation,
and subject to execution of a
waiver and release agreement:

Silent on involuntary
resignation
• 6 months of base salary, or as
many months as then remain
on the contract term,
whichever is less.

Same
• 6 months of deferred
compensation contributions, or
as many months as then
remain on the contract term,
whichever is less.

No deferred
compensation
• 6 months of Consolidated
Omnibus Budget
Reconciliation Act
(“COBRA”) insurance
coverage, or as many months
as then remain on the contract
term, or until ineligible for
COBRA coverage, whichever
is less.

Same
• Acknowledges City Manager
may be entitled to an
additional separation payment
from the California Joint
Powers Insurance Authority’s
(“CJPIA”) Chief Executives’
Silent on availability
of CESP. CJPIA
makes coverage
determinations for
CESP on a case-bycase basis, regardless
ITEM 8.1
CC  05-17-2023 RM ITEM 8.1 – AR Page 5 of 5
Term Proposed Agreement Existing Agreement
Separation Payment (“CESP”)
or similar program, nor does it
allow the City to object to the
City Manager’s entitlement of
the same, provided the City
Manager satisfies all of the
terms and conditions of such
program. CJPIA makes
coverage determinations for
CESP on a case-by-case basis.
of what the
agreement says.

The proposed agreement has been reviewed by the City Attorney.

A redline version of the proposed agreement, showing changes from the existing agreement, which was entered into in October 2018, is included as Attachment B.

Fiscal Impact
The City’s current costs related to the City Manager’s compensation and benefits are included in the existing budget. Increased costs related to implementation of the proposed agreement can be absorbed in the current fiscal year’s budget and would be budgeted for in the upcoming Fiscal Years 2023-25 Budget. The primary increased costs specific to the City Manager in the proposed agreement is the new deferred compensation contribution ($750 per month, increasing annually as noted above) and automatic 2% annual increase in base pay (as noted above, the existing agreement limits the annual increase in base pay to 2%, but makes such amount contingent on a Consumer Price Index change).

Attachments: A – Proposed City Manager Employment Agreement B – Proposed City Manager Employment Agreement (redline) This page is intentionally blank.

ITEM 8.1 – Attachment A

CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement between the City of Laguna Woods (“City”) and Christopher Macon (“Manager”) (“Agreement”) is made this 17th day of May, 2023.

RECITALS
A. Christopher Macon has been employed by the City of Laguna Woods since May 2007 and has served as City Manager since August 2013.

B. City desires to continue to employ Christopher Macon, as City Manager, as provided by Chapter 2.06 of the Laguna Woods Municipal Code, and upon the terms and conditions set out herein.

C. Christopher Macon desires to continue to serve as City Manager of the City of Laguna Woods on the terms and conditions set out herein.

D. City desires to enter into a new employment agreement with Christopher Macon as City Manager of the City of Laguna Woods for the period May 17, 2023, to and including August 21, 2029.

AGREEMENT
NOW, THEREFORE, the parties agree as follows on the terms and conditions of Manager’s employment.

1. DUTIES AND TERM
Effective May 17, 2023 (“Effective Date”), and effective until August 21, 2029, unless earlier terminated by either of the parties, City hereby employs Manager, and Manager hereby accepts employment, as City Manager of the City. Manager shall perform the functions and duties specified for the City Manager of the City in Chapter 2.06 of the Laguna Woods Municipal Code and other ordinances, resolutions and policies of City, and shall perform such other legally ITEM 8.1 – Attachment A
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permissible and proper duties and functions as the City Council of the City (the “Council”) may from time-to-time assign, consistent with the Laguna Woods Municipal Code, other applicable law, and this Agreement. City and Manager hereby expressly agree that the employment relationship created by this Agreement is “at-will” and that Manager serves at the will and pleasure of Council.

2. NOTIFICATION REQUIREMENTS REGARDING EXPIRATION OR

TERMINATION OF AGREEMENT
(a) Potential Renewal of Agreement. On or before July 15, 2029, and in the event Agreement is not earlier terminated, Manager shall notify Council of the provisions of Section 2 of this Agreement, at which time Manager and Council shall meet to discuss whether this Agreement shall be renewed or not renewed, and if renewed, upon such terms and conditions as the parties may mutually agree to.
(b) Termination by Manager. In the event Manager terminates his employment as Manager, then Manager shall give City at least forty-five (45) days’ notice of termination in writing in advance of the date of termination, unless mutually agreed upon otherwise. (c) All Terminations. Manager agrees that in the event Manager’s employment is terminated, with or without cause, under no circumstances shall Manager be entitled to, nor shall, contest the existence or nature of Manager’s “at-will” employment status, nor shall Manager be entitled to seek or receive the remedy of reinstatement to employment with City in any administrative or legal forum.
(d) Effect of Council Change on Terminations. As the sole and exclusive restriction on Manager’s “at-will” status, Council shall take no action, whether immediate or prospective, to terminate Manager or request Manager’s resignation within one hundred twenty (120) days following the certification of any City election at which any City Councilmember seat ITEM 8.1 – Attachment A
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is up for election or within one hundred twenty (120) days following the appointment of any City Councilmember.

3. SEVERANCE AND SEVERANCE PAY AND BENEFITS
(a) Termination without Cause. In the event Manager is involuntarily terminated by Council without cause, City agrees to pay Manager within fifteen (15) days of the later to occur of (i) the date of termination of employment; (ii) the date of final determination by Council of the matters subject to a hearing as set forth in this paragraph; or (iii) the date of Manager’s execution of the waiver and release agreement described in this Section (3)(a) and culmination of any revocation period set forth therein: a lump sum cash payment equal to six (6) months of the base salary Manager is receiving on the date of Council’s action to terminate Manager, or as many months as then remain on Manager’s contract term, whichever is less, less legally required or authorized deductions, plus a lump sum deferred compensation contribution equal to six (6) months of the deferred compensation contribution Manager is receiving on the date of Council’s action to terminate Manager, or as many months as then remain on Manager’s contract term, whichever is less (“Severance Pay”). City shall also pay Manager’s Consolidated Omnibus Budget Reconciliation Act (“COBRA”) premiums for COBRA insurance coverage otherwise available to Manager, for a period of six (6) months, or as many months as then remain on Manager’s contract term, or until Manager becomes ineligible for COBRA, whichever is less. The payments described in this paragraph are collectively referred to as “Severance Benefits.” Such Severance Pay and Severance Benefits shall be in addition to any other payments for accrued paid time off or other cash payments Manager would be entitled to at the termination of employment.

Manager agrees that Severance Pay and Severance Benefits shall be Manager’s sole remedy for a termination without cause. Severance Pay and Severance Benefits shall not be paid ITEM 8.1 – Attachment A
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to Manager unless and until Manager executes a waiver and release agreement prepared by the City Attorney in form substantially similar to the one set forth as Exhibit “A” to this Agreement.

Notwithstanding the foregoing, City and Manager acknowledge and agree that as of the Effective Date of this Agreement, City is a member of the California Joint Powers Insurance Authority (“CJPIA”) and that CJPIA currently maintains a program for compensation to chief executives of its members who are involuntarily terminated (the “Chief Executives’ Separation Payment” or “CESP”). City does not covenant in this Agreement to remain a member of CJPIA or to ensure that CJPIA continues to maintain the CESP or similar program during any term of this Agreement, but if City is a member of CJPIA and the CESP or similar program is in effect upon the date Manager is terminated without cause, nothing in this Agreement is intended to limit or restrict Manager’s entitlement to an additional separation payment pursuant to the CESP or similar program, nor shall City object to Manager’s entitlement of the same, provided Manager satisfies all of the terms and conditions of such program. The Severance Pay and Severance Benefits provided for herein shall be in addition to, and not offset by, any payment to which Manager may otherwise be entitled to, or qualify for, through the CESP or similar program.

In the event Council terminates Manager without cause, neither Council, any Councilmember(s), nor Manager shall make any written, verbal or electronic statement concerning Manager’s termination except in the form of a joint press release or statement, the form and content of which is mutually agreeable to Council and Manager. The joint press release or statement shall not contain any text or information that is disparaging to Council or Manager. Council, any Councilmember(s) or Manager may repeat the substance of the joint press release or statement in response to any inquiry. City employees and City representatives shall be directed by Council to only refer inquiring parties to the joint press release or statement without further comment.

ITEM 8.1 – Attachment A
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(b) Termination by City with Cause. In the event Manager is terminated for cause as defined herein due to the reasonable determination of Council, based upon the weight of the evidence produced at a hearing conducted by Council, then, and in that event, City shall have no obligation to pay the Severance Pay and Severance Benefits described above in Section 3, subpart (a). Council’s determination of the sufficiency of cause shall be final and binding. In the context of this Agreement, “for cause” shall mean that Manager has committed, in the performance of Manager’s duties or in any manner that causes harm to Manager’s or City’s reputation, either (i) any illegal act, as determined by a court of law or adjudicated by an appropriate administrative agency or official, resulting in personal gain to Manager ; (ii) any act of insubordination or defiance of official Council instruction or direction, given to Manager after being approved by a majority of the members of Council; (iii) any conviction on a crime of fraud, misrepresentation, deceit or moral turpitude; or (iv) malfeasance in connection with Manager’s office or position.

Nothing set forth herein shall be deemed to confer upon Manager any due process or other right to have a hearing by Council concerning any proposed termination of Manager; provided, however, that Manager shall be entitled to a hearing solely concerning any proposal by Council not to pay Manager the Severance Pay and Severance Benefits. (c) Involuntary Resignation. In deciding to enter into this Agreement, Manager has relied upon (i) the current provisions of the Laguna Woods Municipal Code and other ordinances, resolutions and policies of City as pertains to Manager’s hiring, appointment, promotion, demotion, supervisory and removal authority of City officers and employees, and Council’s commitment to give orders and direction to Manager; and (ii) the terms and conditions of this Agreement. In the event Council or the electorate (i) adds, deletes or amends the Laguna Woods Municipal Code or any ordinance, resolution or policy of City without the consent of ITEM 8.1 – Attachment A
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Manager and such addition, deletion or amendment is inconsistent with this Agreement or reduces or infringes upon Manager’s hiring, appointment, promotion, demotion, supervisory or removal authority as pertains to any City officer or employee as currently provided in the Laguna Woods Municipal Code or other ordinances, resolutions and policies of City, or allows Council or any Councilmember(s) to give orders or direction to any City officers or employees subordinate to Manager; or (ii) acts in a manner inconsistent with this Agreement, then Manager shall have the right, at Manager’s sole option, to give Council written notice that such action(s) constitute a request for Manager’s involuntary resignation. For the purpose of this Section 3(c), “City officers or employees” shall include employees of City, as well as consultants and independent contractors providing services on behalf of City which would otherwise be undertaken by employees of City, with the exception of Council, the City Attorney and consultants and independent contractors retained by Council to perform evaluation, investigation or other services directly related to Manager.

Upon receipt of such written notice, Council shall have thirty (30) days in which to do one of the following: (a) rescind the action(s); (b) renegotiate this Agreement to Manager’s satisfaction; (c) confirm that Manager is being asked to involuntarily resign; or (d) take no action.

In the event either (c) or (d) occurs, or Council is unable to accomplish (a) or (b), then Manager shall be entitled to resign subject to the terms and conditions of Section 3(a) above, including the receipt of Severance Pay and Severance Benefits as provided therein.

4. SALARY AND OTHER COMPENSATION
(a) Salary. Commencing on the Effective Date, City shall pay Manager an annual base salary, exclusive of benefits, in the sum of One Hundred Ninety-Six Thousand Three Hundred Seventy-Six Dollars and Forty-Five Cents ($196,376.45) per year, payable in installments at the same time and by the same methods as other City employees are regularly paid.

ITEM 8.1 – Attachment A
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Thereafter, such base salary amount shall be increased by two percent (2%), effective with the first pay period of June 2023, and annually thereafter, effective with the first pay period of each calendar year. City acknowledges that this base salary may be subject to increase based upon merit and performance. In addition thereto, Council shall conduct an annual performance evaluation of Manager as described in Section 7 below, and if a majority of Council deems Manager to have successfully performed up to the Anniversary Date may, in their sole and absolute discretion, grant Manager a discretionary bonus or increase in base salary or other benefits or compensation, based on merit and performance. Council and Manager agree to review Manager’s compensation and benefits at the time of Manager’s annual performance evaluation for each year this Agreement is in effect.
(b) Reduction of Salary. Council may, in its discretion, reduce the salary of Manager due to budgetary constraints, on condition that any such reduction shall not exceed the average reduction applicable to all full-time City employees at the time of reduction in Manager’s salary. City shall not at any time during this Agreement reduce the salary of Manager, except as permitted by this Agreement.
(c) Deferred Compensation Contribution. Commencing with the first pay period of June 2023, City shall contribute Seven Hundred Fifty Dollars and Zero Cents ($750.00) per month into a MissionSquare Retirement Internal Revenue Code 457(b) Deferred Compensation Plan, or other deferred compensation plan mutually agreed to by Council and Manager, on behalf of Manager. Thereafter, as a retention incentive, such monthly deferred compensation contribution amount shall be increased by Two Hundred Fifty Dollars and Zero Cents ($250.00), effective with the first pay period of each calendar year, except that such amount ITEM 8.1 – Attachment A
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shall not exceed elective deferral limits established by the Internal Revenue Service as may change from time-to-time.

5. BENEFITS
(a) Paid Time Off. Manager shall accrue paid time off (leave) at a rate of one hundred and sixty (160) hours per calendar year, to be used at Manager’s discretion and otherwise administered consistent with applicable City Resolutions and Personnel Rules. Manager shall not maintain paid time off in excess of 480 hours.
(b) Administrative Leave. Upon each January 1 of the term hereof, Manager shall accrue eighty (80) hours of paid administrative leave to be used at Manager’s discretion.

Such administrative leave must be used each calendar year in which it is accrued, or shall be lost at the end of the calendar year, without cash payment or other compensation, and cannot be carried over to a subsequent calendar year. Administrative leave shall not be treated as compensable upon separation or termination.
(c) Supplemental Benefits. Except as provided otherwise herein, Manager shall receive any and all other supplemental benefits as are generally available to full-time City employees as provided by applicable City Resolutions and Personnel Rules. In the event more generous supplemental benefits are extended to any class of full-time City employee, Manager shall be eligible for the same. Except as otherwise provided herein, all actions undertaken by City relating to supplemental benefits for full-time City employees shall be considered actions affecting the same benefits applicable to Manager. As used herein, “supplemental benefits” include, but are not limited to, monthly benefit allowances, flexible benefits plan options, paid time off, administrative leave, floating holidays, holiday pay, retirement benefits and payments, health insurance and such other benefits not expressly enumerated herein which City offers to any class of full-time City employee.

ITEM 8.1 – Attachment A
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(d) Retirement. Manager shall be eligible for all of the retirement rights currently in existence for full-time City employees or as may be amended from time to time. (e) Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the benefits of Manager, except as permitted by this Agreement.

6. PROFESSIONAL DEVELOPMENT, OUTSIDE PROFESSIONAL

ACTIVITIES, WORK SCHEDULE, AND OTHER EXPENSES
(a) Professional Development.
(i) Subject to Council’s discretion to adopt and amend the budget, City agrees to pay for professional dues and subscriptions on behalf of Manager which are reasonably necessary, as determined by Council, for Manager’s continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for Manager’s continued professional participation, growth and advancement, or for the good of City.

Furthermore, City shall pay for any additional professional dues and subscriptions as may be approved by Council from time to time.
(ii) Subject to Council’s discretion to adopt and amend the budget, City agrees to pay within the adopted budget the reasonable travel and subsistence expenses of Manager for official travel, meetings and events reasonably necessary to continue the professional development of Manager and reasonably necessary to fulfill official and other functions for City, all as determined to be reasonable and necessary by Council. Such meetings and events may include, but are not limited to, national, regional, state and local conferences of governmental groups and committees in which Manager serves as a member. (b) Outside Professional Activities. Manager agrees to remain in the exclusive employ of the City of Laguna Woods while employed by the City of Laguna Woods. This Section 6(b) shall not prohibit occasional teaching, writing, speaking, consulting or other employment for ITEM 8.1 – Attachment A
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compensation, a fee, or other value, provided that Manager gives advance written notification to Council of such teaching, writing, speaking, consulting or other employment. Any teaching, writing, speaking, consulting or other employment performed or engaged in by Manager during the term of this Agreement shall not interfere with Manager’s performance of Manager’s duties and obligations under this Agreement.
(c) Work Schedule. Manager’s duties are anticipated to require time in excess of a forty (40) hour workweek and time outside of normal office hours. Manager’s base salary includes compensation for all hours worked. Manager shall be classified as an exempt employee for purposes of the Fair Labor Standards Act and shall not be entitled to compensation for overtime. In recognition of the time required by Manager to perform Manager’s duties and obligations under this Agreement and the exempt, salaried nature of the employment, Manager is permitted to establish and exercise a flexible work schedule including, but not limited to, telecommuting and remote work, to the extent such flexible work schedule does not (i) interfere with Manager’s performance of Manager’s duties and obligations under this Agreement; (ii) result in Manager’s in-person absence from Council meetings unless excused by the Mayor or Council pursuant to Laguna Woods Municipal Code section 2.06.060(6); or (iii) result in Manager telecommuting or working remotely for a majority of any eighty (80) hour pay period unless in connection with job-affiliated travel; Manager’s use of paid time off, administrative leave or floating holidays; illness; construction, maintenance or other condition affecting occupancy of Manager’s office; or other circumstance separately approved by Council. (d) General Expenses. City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Manager, including participation in civic and other local organizations, and hereby agrees to reimburse or pay said reasonable general expenses.

ITEM 8.1 – Attachment A
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Subject to Council’s discretion to adopt and amend the budget, the City Treasurer (or other designated City employee) is hereby authorized to disburse funds within the adopted budget as needed to fulfill all provisions of this Agreement upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.

City shall bear full cost of any fidelity or other bonds required of Manager under any law or ordinance.
(e) Technology Allowance. Manager shall at all times keep and maintain his own home Internet capabilities and cellular telephone with email, Internet and data capabilities available for use in connection with Manager’s duties. Manager shall be paid a technology allowance of One Hundred Fifty Dollars ($150.00) per month, to offset the costs of maintaining such technology.
(f) Vehicle Insurance. Manager shall at all times keep and maintain in full force and effect during the term of this Agreement automobile liability insurance with minimum limits of $100,000 per claim and $300,000 per occurrence, or such lesser amount as otherwise may be established by the City Council.

7. PERFORMANCE EVALUATION
(a) Council and Manager may annually define such goals and objectives for City which they mutually determine necessary for the proper operation of City in the attainment of Council’s policy objectives, and Council and Manager may further establish a priority among those various goals and objectives to be reduced to writing. The process of considering the establishment and priority of goals and objectives of City shall be conducted and completed generally in July of each year (“Goals and Objectives”), and may occur in connection with Manager’s annual performance review.

ITEM 8.1 – Attachment A
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(b) Council, following informal and nonbinding consultation with Manager, shall periodically assess the Goals and Objectives and how they relate to the performance of Manager. Council shall review and evaluate the performance of Manager at least once annually, in closed session, on a form Council and Manager mutually agree to. Except as otherwise required by law, any public report of Manager’s evaluation shall be made in accordance with a mutual agreement by Council and Manager as to form and content. To the extent Council desires to use a consultant or other party, with the exception of the City Attorney, to facilitate, manage or conduct work on behalf of Council as it relates to Manager’s evaluation, such consultant or other party shall be mutually agreed to by Council and Manager. Notwithstanding any term or provision of this Agreement to the contrary, Manager shall serve at the will and pleasure of Council, and Council shall be entitled to terminate the employment of Manager without cause.

8. TERMS OF EMPLOYMENT
Council, following informal and nonbinding consultation with Manager, may by motion, resolution or written amendment to this Agreement approved as an official Council meeting agenda item, fix any other terms and conditions of employment as it may determine, from time to time, relating to the performance of Manager, provided such terms and conditions are not prohibited by the provisions of this Agreement, the Laguna Woods Municipal Code or any other rules or regulations of City or other applicable laws. Manager shall be subject to applicable City Resolutions and Personnel Rules, provided, however, that Council shall replace the role of the City Manager therein in dealings affecting Manager that would otherwise be referred to or involve the City Manager, and provided further that nothing therein shall abridge or infringe the “at-will” nature of Manager’s employment, nor grant Manager any rights inconsistent with that status.

ITEM 8.1 – Attachment A
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9. CONFLICT OF INTEREST PROHIBITION
It is understood and agreed that because of the duties of Manager within and on behalf of the City of Laguna Woods and its citizenry, Manager shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Laguna Woods, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of Council. For and during the term of this Agreement, Manager further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence and real property acquired by Manager prior to the Effective Date of this Agreement, not to invest in any other real estate or property improvements within the corporate limits of the City of Laguna Woods without prior consent of Council.

10. PROVISIONS OF GOVERNMENT CODE SECTION 53243 ET AL.
(a) Pursuant to Government Code section 53243, in the event City provides paid leave to Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to a conviction, Manager shall fully reimburse City for any salary provided for that purpose. (b) Pursuant to Government Code section 53243.1, in the event City provides funds for the legal criminal defense of Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to a conviction, Manager shall fully reimburse City for any funds provided for that purpose.
(c) Pursuant to Government Code section 53243.2, in the event City provides a cash settlement related to the termination of Manager as defined in the terms of this Agreement and Manager subsequently is convicted of a crime involving abuse of his office or position covered ITEM 8.1 – Attachment A
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by Government Code section 53243.4, Manager shall fully reimburse City for any funds provided for that purpose.

11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties concerning the subject matter set forth herein and no promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by any party hereto concerning the offer and acceptance of employment described herein.

12. NO CONTINUING WAIVER
No waiver of any term or condition of this Agreement by either party shall be deemed a continuing waiver of such term or condition.

13. EFFECTIVE DATE AND ANNIVERSARY DATE
The Effective Date of this Agreement shall be May 17, 2023. The Anniversary Date shall be August 21 of each subsequent year this Agreement remains in effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove.

CITY:

Cynthia S. Conners
Mayor
MANAGER:

Christopher Macon
Agreement approved by the City Council in open session at a meeting on May 17, 2023.

ITEM 8.1 – Attachment A
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ATTEST:

Yolie Trippy, CMC
City Clerk
APPROVED AS TO FORM:

Alisha Patterson
City Attorney
ITEM 8.1 – Attachment A
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EXHIBIT “A”

WAIVER AND GENERAL RELEASE
THIS WAIVER AND GENERAL RELEASE ( hereinafter " Agreement") is entered into by and between City Manager [ NAME ] ( hereinafter the "City Manager") and the CITY OF LAGUNA WOODS (hereinafter "City") and is made with reference to the following facts:

RECITALS
A. The City Manager is employed by the City as the City Manager pursuant to that certain [ TITLE OF AGREEMENT ] dated [ DATE ] ( the Employment Agreement").

B. The City Council terminated the City Manager without cause, effective [ DATE ] ("Termination Date").

C. Pursuant to Section of the Employment Agreement, in the event the City Manager is terminated without cause, the City Manager is entitled to a severance payment, conditioned on the City Manager executing a release and waiver of any and all claims against the City, it’s officers, employees, and agents arising out of his employment with the City and the termination thereof.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. Lump Sum Cash Payment. In consideration of the releases as set forth in this Agreement, the City shall pay the City Manager a Severance Payment equal to six (6) months of the base salary the City Manager is receiving on the date of the City Council’s action to terminate the City Manager, or as many months as then remain on the City Manager’s contract term, whichever is less, less legally required or authorized deductions, plus a lump sum deferred compensation contribution equal to six (6) months of the deferred compensation contribution the City Manager is receiving on the date of the City Council’s action to terminate the City Manager, or as many months as then remain on the City Manager’s contract term, whichever is less. The City shall provide the Severance Payment to the City Manager within fifteen (15) calendar days after the Revocation Period (as defined herein) expires.

2. Insurance. In consideration of the releases as set forth in this Agreement, the City shall pay the City Manager’s Consolidated Omnibus Budget Reconciliation Act ("COBRA") premiums for COBRA insurance coverage otherwise available to the City Manager, for a period of six (6) months, or as many months as then remain on the City Manager’s contract term, or until the City Manager becomes ineligible for COBRA, whichever is less

2. Payout of Accrued Leave Time. Within fifteen (15) calendar days after the Revocation Period (as defined herein) expires, the City shall pay the City Manager for his accrued leave time in the amounts set forth below, less any relevant taxes and other legally required withholdings:
a) Paid Time Off (_ hours) - $_
b) Floating Holidays (_ hours) - $_
ITEM 8.1 – Attachment A
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3. Releases.
a) In consideration of the compensation provided for by this agreement, the City Manager, for the City Manager’s self and the City Manager’s successors, assigns and representatives, does hereby release the City, its officers, agents, employees, insurers, successors, predecessors, assigns and representatives, from any and all claims, demands, causes of actions, contracts, covenants, representations, warranties, promises, undertakings, actions, suits, obligations, controversies, debts, costs, expenses, accounts, damages, losses, judgments, liabilities or demands of any nature whatsoever, anticipated or unanticipated, known or unknown (collectively "Claims") that the City Manager may have or claim to have at any time up to and including the time this Agreement is executed by the respective parties. The matters released include by way of example and not limitation: Claims for injuries to the City Manager arising out of or relating to the course and scope of employment with the City; claims for alleged violations of any contracts, express or implied, or any covenants of good faith and fair dealing, express or implied; claims of any legal restrictions on the City’s right to discipline or terminate employees, any "constructive discharge," or "wrongful discharge," or any tort; claims for defamation, invasion of privacy and emotional and/ or personal injury or distress or the like; claims for sick leave, vacation, compensated time off, separation pay or severance; claims for violation of any local, state, federal or other government statute, regulation or ordinance, as amended, or any public policy expressing such statute, regulation or ordinance, including, without limitation, the following: Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, and national original discrimination); 42 U. S. C. Section 1918 and 1983 (discrimination in making and enforcement of contracts, deprivation of rights, respectively); Age Discrimination in Employment Act (42 U. S. C. Section 621, 634); Federal and California Equal Pay Acts (29 U. S. C. Section 206(d)( 1) and California Labor Code Sections 3200 et seq.); California Fair Employment and Housing Act (Government Code Section 12940, et seq., including discrimination on the basis of race, color, national origin, ancestry, physical handicap, mental condition, marital status, sex or age); California Labor Code Section 1102. 1 (sexual orientation); Executive Order 11141 (age discrimination); Rehabilitation Act of 1973 (29 U. S. C. Sections 503 and 504); Older Workers Benefit Protection Act; Amendments to the Age Discrimination in Employment Act (29 U. S. C. Sections 621, et seq.); Civil Rights Act of 1991; Americans with Disabilities Act; or the Unruh Civil Rights Act California Civil Code Section 51, et seq.); State and Federal Family Medical Leave Acts; any other local, state or federal statute, rule, regulation, ordinance, law or constitution, governing employment, employment termination, discrimination or harassment in employment, or payment of wages or benefits not otherwise specifically mentioned.
b) The City Manager expressly acknowledges and agrees that, by entering into this Agreement, the City Manager is waiving any and all rights or claims that the City Manager may have arising under the Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the date of execution of this Agreement. The City Manager further expressly acknowledges and agrees that (a) the City Manage has entered into this Agreement voluntarily, free from duress, coercion, or mistake of facts; (b) that this Agreement is in writing and understandable; (c) that the City Manager is waiving current ADEA claims explicitly and cannot waive future ADEA claims; (d) in return for this ITEM 8.1 – Attachment A
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Agreement the City Manager will receive consideration beyond that which the City Manager was already entitled to receive before entering into this Agreement; (e) the City Manager has been advised and is hereby advised in writing to consult with an attorney before signing this Agreement; (f) that the City Manager has been given a copy of this Agreement and informed that the City Manager has twenty-one (21) days within which to consider the Agreement, which period the City Manager has elected to waive; and (g) the City Manager is hereby informed that the City Manager has seven (7) days following the date of the City Manager's execution of this Agreement in which to revoke the Agreement ("Revocation Period"). Any notice of revocation must be in writing and must be delivered to the City Attorney, prior to the end of the seventh calendar day following the date of the City Manager’s execution. The Agreement shall become binding and effective on the eighth day after the date of execution unless a revocation has been filed. c) The parties represent and warrant that they have not filed any complaints, charges, or lawsuits against the other, or the City’s Councilmembers, officers, directors, employees, attorneys, or agents, with any court or governmental agency arising out of the City Manager’s employment with the City, and that they will not do so at any time hereinafter. However, the Parties shall not be limited from pursuing claims for the sole purpose of enforcing their rights under this Agreement. Further, the Parties agree that under this Agreement, they waive any claim for damages incurred at any time after the date of this Agreement because of alleged continuing effects of any alleged unlawful acts or omissions involving the City Manager’s employment with or separation from the City, including compensation and other employee benefits. Nothing in this Agreement shall prevent the City from forwarding information or documents to law enforcement officials if the City determines that illegal conduct may have occurred or if otherwise required by law.
d) The parties intend and agree that this Agreement will be effective as full, final and general release of and from all matters covered herein. In furtherance thereof, the City Manager acknowledges that the City Manager is familiar with and has secured independent advice as to California Civil Code Section 1542 which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

The City Manager expressly waives and releases any right or benefit which the City Manager may have or may in the future have under California Civil Code Section 1542 and all similar laws, rules and statutes to the fullest extent that such rights or benefits may be lawfully waived or released.
e) The City Manager acknowledges that the City Manager may hereafter discover facts different from or in addition to those now known or believed to exist arising out of the employment relationship recited above, or matters for which releases have been given ITEM 8.1 – Attachment A
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herein, and agrees that this Agreement will nonetheless be binding and remain in full and complete force and effect.
f) The City Manager acknowledges that he has had the opportunity to consult independent legal counsel of his own choice prior to the execution of this Agreement. Each party shall bear his or its own respective legal fees and costs.

4. Return of City Property. Before accepting the Severance Payment, the City Manager shall return all City property, including identification cards or badges, access codes or devices, keys, computers, telephones, mobile phones, hand-held electronic devices, credit cards, electronically stored documents or files, physical files, and any other City property in the City’s possession. Notwithstanding the timeframe outlined in Section 1 of this Agreement, the City shall not be required to provide the Severance Payment unless and until the City Manager has returned all City property.

5. Confidential Information and Trade Secrets.

This clause is specifically designed to protect the City’s confidential or proprietary information and confidential information and trade secrets. The City Manager acknowledges that during the course of his employment, he has obtained and has had access to certain confidential information, including, but not limited to, personnel information, legal advice, and other confidential or proprietary information relating to City business ("Confidential Information"). All Confidential Information is of substantial value to the City. The City Manager that Confidential Information shall be construed to the fullest extent permitted by Civil Code section 3426 et seq. and any other law that would preclude the release of Confidential Information. The City Manager hereby agrees to forever hold the Confidential Information in strict confidence and not to use such Confidential Information for his or any other person’s benefit. If the City Manager is compelled in any judicial or administrative proceeding to disclose any Confidential Information, he shall promptly notify the City in writing of the proceeding, so that the City may oppose such disclosure or seek an appropriate protective order or other remedy to prevent the disclosure.

The City Manager agrees to deliver or return to the City all Confidential Information regardless of the form it takes, whether documents ( including all copies thereof), electronically stored information (including, but not limited to, email, information stored on any laptop, home computer, handheld personal device or cellular phone, voicemail, text messages, portable storage devices, CDs, DVDs, disks) records, lists, or notes.

6. Miscellaneous.
a) Integration. This Agreement contains and expresses the entire and final agreement of the parties with respect to the matters covered herein, and supersedes all negotiations, prior discussions, prior agreements and preliminary agreements between the parties. No promises or representations, express or implied, concerning this Agreement have been made by the parties other than those contained in this Agreement. b) Amendments. Any alteration or modification of this Agreement must be in writing and signed by each party to it, or their authorized representatives.

ITEM 8.1 – Attachment A
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c) Severability. In the event a court of competent jurisdiction determines that any provision of this Agreement or application of it is void, invalid, unenforceable or contrary to law for any reason, its remaining provisions shall remain in full force and effect. d) Binding on Successors and Assigns. This Agreement shall forever bind and inure to the benefit of the parties and their respective successors and assigns of every type. e) No Admission of Wrongdoing. Each party to this Agreement denies its liability to the other party hereto in connection with the subject matter of this Agreement, but desires to resolve the rights, claims and causes of action, if any, between and among them without the necessity of litigation. This Agreement is a compromise of the disputed claims and rights, and shall not constitute or be construed as an admission by either of the parties of wrongdoing or violation of any law, statute, duty or contract whatsoever, or that any of the parties was entitled to any damages or amounts demanded incident to this controversy. f) Admissibility of Agreement. Notwithstanding any other provision of this Agreement to the contrary, it is the parties' intent that this Agreement be admissible, binding and enforceable under California Civil Code section 664. 6, and subject to disclosure within the meaning of California Evidence Code section 1123(a), (b) and (c), and that this Agreement is expressly not privileged from disclosure under California Evidence Code section 1119.
g) Venue. The Parties agree that any and all disputes regarding this Agreement shall be brought in the Superior Court of the State of California, Orange County. h) Attorneys’ Fees. In any action brought to enforce any provision of this Agreement, each side shall bear their own costs and attorney’s fees. i) Indemnification for Tax Obligations. It is expressly understood and agreed that the City Manager has secured his own independent advice with respect to the tax consequences of the payments to be made under this Agreement and shall indemnify and hold the City harmless for any and all claims, demands or actions brought alleging any tax obligation with respect to said payments. It is expressly understood that by entering into this Agreement, the City Manager is not relying upon any representations concerning the tax consequences or effect of the payments to be made under this Agreement by the City or its attorneys.
j) Execution. This Agreement may be executed in two or more counterparts, including typewritten, photographic or facsimile copies, each of which shall be deemed to be an original Agreement, and all of which together shall constitute one agreement.

THE UNDERSIGNED PARTIES, AND EACH OF THEM, ACKNOWLEDGE

THAT THEY HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY,

HAVE HAD THE OPPORTUNITY TO DISCUSS THE CONTENTS OF THE

AGREEMENT WITH THEIR RESPECTIVE ATTORNEYS AND, AS A RESULT, FULLY UNDERSTAND THE TERMS AND CONSEQUENCES OF THE AGREEMENT. BASED

ON THEIR KNOWLEDGE AND UNDERSTANDING OF THE AGREEMENT, THE ITEM 8.1 – Attachment A
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PARTIES REPRESENT AND WARRANT THAT THEY FREELY AND VOLUNTARILY ENTER INTO IT ON THE DATE SET FORTH BELOW.
[SIGNATURES]
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ITEM 8.1 – Attachment B
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CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement between the City of Laguna Woods (“City”) and Christopher Macon (“Manager”) (“Agreement”) is made this 17th day of OctoberMay, 20182023.

RECITALS
A. Christopher Macon has been employed by the City of Laguna Woods since May 2007 and has served as City Manager since August 2013.

B. City desires to continue to employ Christopher Macon, as City Manager, as provided by Chapter 2.06 of the Laguna Woods Municipal Code, and upon the terms and conditions set out herein.

C. Christopher Macon desires to continue to serve as City Manager of the City of Laguna Woods on the terms and conditions set out herein.

D. City desires to enter into a new employment agreement with Christopher Macon as City Manager of the City of Laguna Woods for the period OctoberMay 17, 20182023, to and including August 21, 20242029.

AGREEMENT
NOW, THEREFORE, the parties agree as follows on the terms and conditions of Manager’s employment.

1. DUTIES AND TERM
Effective OctoberMay 17, 20182023 (“Effective Date”), and effective until August 21, 20242029, unless earlier terminated by either of the parties, City hereby employs Manager, and Manager hereby accepts employment, as City Manager of the City. Manager shall perform the functions and duties specified for the City Manager of the City in Chapter 2.06 of the Laguna ITEM 8.1 – Attachment B
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Woods Municipal Code and other ordinances, resolutions and policies of the City, and shall perform such other legally permissible and proper duties and functions as the City Council of the City (the “Council”) may from time time-to to-time assign, consistent with the Laguna Woods Municipal Code, and other applicable law, and this Agreement. City and Manager hereby expressly agree that the employment relationship created by this Agreement is “at at-will” and that the Manager serves at the will and pleasure of the City Council.

2. NOTIFICATION REQUIREMENTS REGARDING EXPIRATION OR

TERMINATION OF AGREEMENT
(a) Potential Renewal of Agreement. On or before July 15, 20242029, and in the event Agreement is not earlier terminated, Manager shall notify Council of the provisions of Section 2 of this Agreement, at which time Manager and Council shall meet to discuss whether this Agreement shall be renewed or not renewed, and if renewed, upon such terms and conditions as the parties may mutually agree to.
(b) Termination by Manager. In the event Manager terminates his employment as Manager, then Manager shall give City at least forty-five (45) days’ notice of termination in writing in advance of the date of termination, unless mutually agreed upon otherwise. (c) All Terminations. Manager agrees that in the event Manager’s employment is terminated, with or without cause, under no circumstances will shall Manager be entitled to, nor shall, contest the existence or nature of Manager’s “at at-will” employment status, nor will shall Manager be entitled to seek or receive the remedy of reinstatement to employment with the City in any administrative or legal forum.
(d) Effect of City Council Change on Terminations. As the sole and exclusive restriction on Manager’s “at at-will” status, City Council shall not call for, initiate, or terminate Manager’s employment take no action, whether immediate or prospective, to terminate Manager ITEM 8.1 – Attachment B
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or request Manager’s resignation within one hundred twenty (120) days following the certification of any City election at which any City Councilmember seat is up for election or within one hundred twenty (120) days following the appointment of any City Councilmember.

3. SEVERANCE AND SEVERANCE PAY AND BENEFITS
(a) Termination without Cause. In the event that Manager is involuntarily terminated by the Council without cause, City agrees to pay Manager within fifteen (15) days of the later to occur of (i) the date of termination of employment; or (ii) the date of final determination by the Council of the matters subject to a hearing as set forth in this paragraph; or (iii) the date of Manager’s execution of the waiver and release agreement described in this Section (3)(a) and culmination of any revocation period set forth therein: (i) a lump sum cash payment (“Severance Pay”) equal to six (6) months of the base salary Manager is receiving on the date of the Council’s action to terminate Manager, or as many months as then remain on Manager’s contract term, whichever is less, less legally required or authorized deductions, plus a lump sum deferred compensation contribution equal to six (6) months of the deferred compensation contribution Manager is receiving on the date of Council’s action to terminate Manager, or as many months as then remain on Manager’s contract term, whichever is less (“Severance Pay”); ”). and (ii) City shall pay City shall also pay Manager’s Consolidated Omnibus Budget Reconciliation Act (“COBRA”) premiums for COBRA insurance coverage otherwise available to Manager, for a period of six (6) months, or as many months as then remain on Manager’s contract term, or until Manager becomes ineligible for COBRA, whichever is less. The payments described in this paragraph are collectively referred to as “Severance Benefits.” Such severance Severance pay Pay and Severance Benefits shall be in addition to any other payments for accrued leave paid time off or other cash payments Manager would be entitled to at the termination of employment. In exchange for and as a condition to receipt of the ITEM 8.1 – Attachment B
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Severance Pay, Manager shall execute a release and waiver, in a form acceptable to the City Attorney, releasing the City from any and all claims associated with Manager’s termination and waiving any rights to unemployment benefits to which Manager may otherwise be entitled.

Manager agrees that Severance Pay and Severance Benefits shall be Manager’s sole remedy for a termination without cause. Severance Pay and Severance Benefits shall not be paid to Manager unless and until Manager executes a waiver and release agreement prepared by the City Attorney in form substantially similar to the one set forth as Exhibit “A” to this Agreement.

Notwithstanding the foregoing, City and Manager acknowledge and agree that as of the Effective Date of this Agreement, City is a member of the California Joint Powers Insurance Authority (“CJPIA”) and that CJPIA currently maintains a program for compensation to chief executives of its members who are involuntarily terminated (the “Chief Executives’ Separation Payment” or “CESP”). City does not covenant in this Agreement to remain a member of CJPIA or to ensure that CJPIA continues to maintain the CESP or similar program during any term of this Agreement, but if City is a member of CJPIA and the CESP or similar program is in effect upon the date Manager is terminated without cause, nothing in this Agreement is intended to limit or restrict Manager’s entitlement to an additional separation payment pursuant to the CESP or similar program, nor shall City object to Manager’s entitlement of the same, provided Manager satisfies all of the terms and conditions of such program. The Severance Pay and Severance Benefits provided for herein shall be in addition to, and not offset by, any payment to which Manager may otherwise be entitled to, or qualify for, through the CESP or similar program.

In the event Council terminates Manager without cause, neither Council, any Councilmember(s), nor Manager shall make any written, verbal or electronic statement concerning Manager’s termination except in the form of a joint press release or statement, the form and content ITEM 8.1 – Attachment B
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of which is mutually agreeable to Council and Manager. The joint press release or statement shall not contain any text or information that is disparaging to Council or Manager. Council, any Councilmember(s) or Manager may repeat the substance of the joint press release or statement in response to any inquiry. City employees and City representatives shall be directed by Council to only refer inquiring parties to the joint press release or statement without further comment. (b) Termination by City with Cause. In the event Manager is terminated for cause as defined herein due to the reasonable determination of the Council, based upon the weight of the evidence produced at a hearing conducted by the Council, then, and in that event, City shall have no obligation to pay the Severance Pay and Severance Benefits described above in Section 3, subpart (a). The Council’s determination of the sufficiency of cause shall be final and binding.

In the context of this Agreement, “for cause” shall mean that Manager has committed, in the performance of Manager’s duties or in any manner that causes harm to Manager’s or the City’s reputation, either (i) any illegal act, as determined by a court of law or adjudicated by an appropriate administrative agency or official, involving resulting in personal gain to Manager as determined by a court of law or adjudicated by an appropriate administrative agency or official; (ii) any act of insubordination or defiance of official City Council instruction or direction, given to Manager after being approved by a majority of the members of City Council, ; (iii) any conviction on a crime of fraud, misrepresentation, deceit, or moral turpitude; or (iv) malfeasance in connection with Manager’s office or position.

Nothing set forth herein shall be deemed to confer upon Manager any due process or other right to have a hearing by Council concerning any proposed termination of Manager; provided, however, that Manager shall be entitled to a hearing solely concerning any proposal by the Council not to pay Manager the Severance Pay and Severance Benefits.

ITEM 8.1 – Attachment B
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(c) Involuntary Resignation. In deciding to enter into this Agreement, Manager has relied upon (i) the current provisions of the Laguna Woods Municipal Code and other ordinances, resolutions and policies of City as pertains to Manager’s hiring, appointment, promotion, demotion, supervisory and removal authority of City officers and employees, and Council’s commitment to give orders and direction to Manager; and (ii) the terms and conditions of this Agreement. In the event Council or the electorate (i) adds, deletes or amends the Laguna Woods Municipal Code or any ordinance, resolution or policy of City without the consent of Manager and such addition, deletion or amendment is inconsistent with this Agreement or reduces or infringes upon Manager’s hiring, appointment, promotion, demotion, supervisory or removal authority as pertains to any City officer or employee as currently provided in the Laguna Woods Municipal Code or other ordinances, resolutions and policies of City, or allows Council or any Councilmember(s) to give orders or direction to any City officers or employees subordinate to Manager; or (ii) acts in a manner inconsistent with this Agreement, then Manager shall have the right, at Manager’s sole option, to give Council written notice that such action(s) constitute a request for Manager’s involuntary resignation. For the purpose of this Section 3(c), “City officers or employees” shall include employees of City, as well as consultants and independent contractors providing services on behalf of City which would otherwise be undertaken by employees of City, with the exception of Council, the City Attorney and consultants and independent contractors retained by Council to perform evaluation, investigation or other services directly related to Manager.

Upon receipt of such written notice, Council shall have thirty (30) days in which to do one of the following: (a) rescind the action(s); (b) renegotiate this Agreement to Manager’s satisfaction; (c) confirm that Manager is being asked to involuntarily resign; or (d) take no action.

ITEM 8.1 – Attachment B
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In the event either (c) or (d) occurs, or Council is unable to accomplish (a) or (b), then Manager shall be entitled to resign subject to the terms and conditions of Section 3(a) above, including the receipt of Severance Pay and Severance Benefits as provided therein.

4. SALARY AND OTHER COMPENSATION
(a) Salary. Commencing on the Effective Date, City shall pay Manager an annual base salary, exclusive of benefits, in the sum of One Hundred Ninety-Six Thousand Three Hundred Seventy-Six Dollars and Forty-Five CentsOne Hundred Eighty Three Thousand Seven Hundred and Seventy Dollars ($196,376.45$183,770.00) per year, payable in installments at the same time and by the same methods as other City employees are regularly paid. Thereafter, such base salary amount shall be adjusted July 1 of each succeeding year, in the amount of any increase in the Bureau of Labor Statistics’ Los Angeles-Long Beach-Anaheim Consumer Price Index for All Urban Consumers (CPI-U), between April of the then-current and previous years, not to exceed 2% in any single yearincreased by two percent (2%), effective with the first pay period of June 2023, and annually thereafter, effective with the first pay period of each calendar year. The City acknowledges that this base salary may be subject to increase based upon merit and performance.

In addition thereto, at least thirty (30) days prior to Manager’s Anniversary Date each year; the Council shall conduct an annual performance evaluation of Manager as described in Section 7 below, and if a majority of the Council deems Manager to have successfully performed up to the Anniversary Date may, in their sole and absolute discretion, grant Manager a discretionary bonus or increase in base salary or other benefits or compensation, based on merit and performance and consistent with the City’s compensation policies in effect at the time of said increase. City Council and Manager agree to review Manager’s salary compensation and benefits at the time of Manager’s annual performance evaluation for each year this Agreement is in effect.

ITEM 8.1 – Attachment B
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(b) Reduction of Salary. Council may, in its discretion, reduce the salary of Manager due to budgetary constraints, on condition that any such reduction shall not exceed the average reduction applicable to all management employees of the Cityfull-time City employees at the time of reduction in Manager’s salary. City shall not at any time during this Agreement reduce the salary of Manager, except as permitted by this Agreement. (b)(c) Deferred Compensation Contribution. Commencing with the first pay period of June 2023, City shall contribute Seven Hundred Fifty Dollars and Zero Cents ($750.00) per month into a MissionSquare Retirement Internal Revenue Code 457(b) Deferred Compensation Plan, or other deferred compensation plan mutually agreed to by Council and Manager, on behalf of Manager. Thereafter, as a retention incentive, such monthly deferred compensation contribution amount shall be increased by Two Hundred Fifty Dollars and Zero Cents ($250.00), effective with the first pay period of each calendar year, except that such amount shall not exceed elective deferral limits established by the Internal Revenue Service as may change from time-to-time.

5. BENEFITS
(a) Paid Time Off. Manager shall accrue annual paid time off (leave) at a rate of twenty (20) daysone hundred and sixty (160) hours per calendar year, to be used at Manager’s discretion and otherwise administered consistent with the provisions of Resolution No. 18- 23applicable City Resolutions and Personnel Rules. Manager shall not maintain annual paid time off in excess of 480 hours.
(b) Administrative Leave. Upon each January 1 of the term hereof, Manager shall accrue eighty (80) hours of paid administrative leave to be used at Manager’s discretion.

Such administrative leave must be used each calendar year in which it is accrued, or shall be lost at the end of the calendar year, without cash payment or other compensation, and cannot be carried ITEM 8.1 – Attachment B
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over to a subsequent calendar year. Administrative leave shall not be treated as compensable upon separation or termination.
(c) Vehicle Insurance. At a minimum, Manager shall procure and maintain in full force and effect during the term of this Agreement automobile liability insurance with minimum limits of $100,000 per claim and $300,000 per occurrence, or such lesser amount as otherwise may be established by the City Council.
(d)(c) Supplemental Benefits. Except as provided otherwise herein, Manager shall receive any and all other supplemental benefits as are generally available to management employees of the Cityfull-time City employees as provided by applicable City Resolutions and Personnel Rules. In the event more generous supplemental benefits are extended to any class of full-time City employee, Manager shall be eligible for the same. Except as otherwise provided herein, all actions undertaken by City relating to supplemental benefits for management full-time City employees shall be considered actions affecting the same benefits applicable to Manager. As used herein, “supplemental benefits” include, but are not limited to, monthly benefit allowances, flexible benefits plan options, paid time off, administrative leave, floating holidays, holiday pay, retirement benefits and payments, and health insurance and such other benefits not expressly enumerated herein which City offers to any class of full-time City employee. (e)(d) Retirement. Manager shall be eligible for all of the retirement rights, benefits and obligations set forth in Resolution No. 18-23 currently in existence for full-time City employees or as may be amended from time to time (collectively “Resolution 18-23” herein.). (f)(e) Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the benefits of Manager, except as permitted by this Agreement.

ITEM 8.1 – Attachment B
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6. PROFESSIONAL DEVELOPMENT, OUTSIDE PROFESSIONAL

ACTIVITIES, WORK SCHEDULE, AND GENERAL OTHER EXPENSES
(a) Professional Development.
(i) Subject to the Council’s discretion to adopt and amend the budget, City agrees to pay for professional dues and subscriptions on behalf of Manager which are reasonably necessary, as determined by the Council, for the Manager’s continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for Manager’s continued professional participation, growth and advancement, or for the good of the City. Furthermore, City shall pay for any additional professional dues and subscriptions as may be approved by the Council from time to time. (ii) Subject to the Council’s discretion to adopt and amend the budget, City agrees to pay within the adopted budget the reasonable travel and subsistence expenses of Manager for official travel, meetings and events reasonably necessary to continue the professional development of Manager and reasonably necessary to fulfill official and other functions for the City, all as determined to be reasonable and necessary by the Council. Such meetings and events may include, but are not limited to, national, regional, state and local conferences of governmental groups and committees in which Manager serves as a member. (b) Outside Professional Activities. Manager agrees to remain in the exclusive employ of the City of Laguna Woods while employed by the City of Laguna Woods. This section Section 6(b) shall not prohibit occasional teaching, writing, speaking, consulting or other employment for compensation, a fee, or other value, provided that Manager gives advance written notification to the Council of such teaching, writing, speaking, consulting or other employment.

Any teaching, writing, speaking, consulting or other employment performed or engaged in by ITEM 8.1 – Attachment B
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Manager during the term of this Agreement shall not interfere with Manager’s performance of Manager’s duties and obligations under this Agreement.
(c) Work Schedule. Manager’s duties are anticipated to require time in excess of a forty (40) hour workweek and time outside of normal office hours. Manager’s base salary includes compensation for all hours worked. Manager shall be classified as an exempt employee for purposes of the Fair Labor Standards Act and shall not be entitled to compensation for overtime. In recognition of the time required by Manager to perform Manager’s duties and obligations under this Agreement and the exempt, salaried nature of the employment, Manager is permitted to establish and exercise a flexible work schedule including, but not limited to, telecommuting and remote work, to the extent such flexible work schedule does not (i) interfere with Manager’s performance of Manager’s duties and obligations under this Agreement; (ii) result in Manager’s in-person absence from Council meetings unless excused by the Mayor or Council pursuant to Laguna Woods Municipal Code section 2.06.060(6); or (iii) result in Manager telecommuting or working remotely for a majority of any eighty (80) hour pay period unless in connection with job-affiliated travel; Manager’s use of paid time off, administrative leave or floating holidays; illness; construction, maintenance or other condition affecting occupancy of Manager’s office; or other circumstance separately approved by Council. (c)(d) General Expenses. City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by the Manager, including participation in civic and other local organizations, and hereby agrees to reimburse or pay said reasonable general expenses.

Subject to the Council’s discretion to adopt and amend the budget, the City Treasurer (or other designated City employee) is hereby authorized to disburse funds within the ITEM 8.1 – Attachment B
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adopted budget as needed to fulfill all provisions of this Agreement upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.

City shall bear full cost of any fidelity or other bonds required of Manager under any law or ordinance.
(e) Technology Allowance. Manager shall at all times keep and maintain his own home Internet capabilities and cellular telephone with e-mail, Internet, and data capabilities available for use in connection with Manager’s services to be provided hereunderduties, and such laptop computer or tablet computer technology as is reasonably required to assure Manager can be responsive to City’s needs, including emergency response. Manager shall be paid a Technology technology Allowance allowance of One Hundred Fifty Dollars ($150.00) per month, to offset the costs of maintaining such cell phone and personal computing technology. (d)(f) Vehicle Insurance. Manager shall at all times keep and maintain in full force and effect during the term of this Agreement automobile liability insurance with minimum limits of $100,000 per claim and $300,000 per occurrence, or such lesser amount as otherwise may be established by the City Council.

7. PERFORMANCE EVALUATION
(a) The Council and Manager may annually define such goals and objectives for the City which they mutually determine necessary for the proper operation of the City in the attainment of the Council’s policy objectives, and the Council and Manager may further establish a priority among those various goals and objectives to be reduced to writing. The process of considering the establishment and priority of goals and objectives of the City shall be conducted and completed generally in July of each year (“Goals and Objectives”), and may occur in connection with Manager’s annual performance review.

ITEM 8.1 – Attachment B
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(b) The Council, following informal and nonbinding consultation with Manager, shall periodically assess the Goals and Objectives and how they relate to the performance of Manager. The Council shall review and evaluate the performance of Manager at least once annually, in closed session, on a form Council and Manager mutually agree to. Except as otherwise required by law, any public report of Manager’s evaluation shall be made in accordance with a mutual agreement by Council and Manager as to form and content. To the extent Council desires to use a consultant or other party, with the exception of the City Attorney, to facilitate, manage or conduct work on behalf of Council as it relates to Manager’s evaluation, such consultant or other party shall be mutually agreed to by Council and Manager. Notwithstanding any term or provision of this Agreement to the contrary, Manager shall serve at the will and pleasure of the Council, and the Council shall be entitled to terminate the employment of Manager without cause.

8. TERMS OF EMPLOYMENT
The Council, following informal and nonbinding consultation with Manager, may by motion, resolution or written amendment to this Agreement approved as an official Council meeting agenda item, fix any other terms and conditions of employment as it may determine, from time to time, relating to the performance of Manager, provided such terms and conditions are not prohibited by the provisions of this Agreement, the Laguna Woods Municipal Code or any other rules or regulations of the City or other applicable laws. Manager shall be subject to applicable City Resolutions and Personnel Rules, provided, however, that the Mayor Council will shall replace the role of the City Manager therein in dealings affecting Manager that would otherwise be referred to or involve the City Manager, and provided further that nothing therein shall abridge or infringe the “at at-will” nature of Manager’s employment, nor grant Manager any rights inconsistent with that status.

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9. CONFLICT OF INTEREST PROHIBITION
It is understood and agreed that because of the duties of Manager within and on behalf of the City of Laguna Woods and its citizenry, Manager shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Laguna Woods, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Council. For and during the term of this Agreement, Manager further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence and real property acquired by Manager prior to the Effective Date of this Agreement, not to invest in any other real estate or property improvements within the corporate limits of the City of Laguna Woods without prior consent of the City Council.

10. PROVISIONS OF GOVERNMENT CODE SECTION 53243.4 ET AL. (a) Pursuant to Government Code section 53243, In in the event that the City provides paid leave to the Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to a conviction, the Manager shall fully reimburse the City for any salary provided for that purpose.
(b) Pursuant to Government Code section 53243.1, In in the event that the City provides funds for the legal criminal defense of the Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to a conviction, the Manager shall fully reimburse the City for any funds provided for that purpose.
(c) Pursuant to Government Code section 53243.2, In in the event that the City provides a cash settlement related to the termination of the Manager as defined in the terms of this ITEM 8.1 – Attachment B
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Agreement and the Manager subsequently is convicted of a crime involving abuse of his office or position covered by Government Code section 53243.4, the Manager shall fully reimburse the City for any funds provided for that purpose.

11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties concerning the subject matter set forth herein and no promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by any party hereto concerning the offer and acceptance of employment described herein.

12. NO CONTINUING WAIVER
No waiver of any term or condition of this Agreement by either party shall be deemed a continuing waiver of such term or condition.

13. EFFECTIVE DATE AND ANNIVERSARY DATE
The Effective Date of this Agreement shall be OctoberMay 17, 20182023. The Anniversary Date shall be August 21 of each subsequent year this Agreement remains in effect.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove.

CITY:

Carol MooreCynthia S. Conners
Mayor
MANAGER:

Christopher Macon
Agreement approved by the City Council in open session at a meeting on OctoberMay 17, 20182023.

ATTEST:

Yolie Trippy, CMC
Deputy City Clerk
APPROVED AS TO FORM:

David B. CosgroveAlisha Patterson
City Attorney
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EXHIBIT “A”

WAIVER AND GENERAL RELEASE
THIS WAIVER AND GENERAL RELEASE ( hereinafter " Agreement") is entered into by and between City Manager [ NAME ] ( hereinafter the "City Manager") and the CITY OF LAGUNA WOODS (hereinafter "City") and is made with reference to the following facts:

RECITALS
A. The City Manager is employed by the City as the City Manager pursuant to that certain [ TITLE OF AGREEMENT ] dated [ DATE ] ( the Employment Agreement").

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B. The City Council terminated the City Manager without cause, effective [ DATE ] ("Termination Date").

C. Pursuant to Section of the Employment Agreement, in the event the City Manager is terminated without cause, the City Manager is entitled to a severance payment, conditioned on the City Manager executing a release and waiver of any and all claims against the City, it’s officers, employees, and agents arising out of his employment with the City and the termination thereof.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. Lump Sum Cash Payment. In consideration of the releases as set forth in this Agreement, the City shall pay the City Manager a Severance Payment equal to six (6) months of the base salary the City Manager is receiving on the date of the City Council’s action to terminate the City Manager, or as many months as then remain on the City Manager’s contract term, whichever is less, less legally required or authorized deductions, plus a lump sum deferred compensation contribution equal to six (6) months of the deferred compensation contribution the City Manager is receiving on the date of the City Council’s action to terminate the City Manager, or as many months as then remain on the City Manager’s contract term, whichever is less. The City shall provide the Severance Payment to the City Manager within fifteen (15) calendar days after the Revocation Period (as defined herein) expires.

2. Insurance. In consideration of the releases as set forth in this Agreement, the City shall pay the City Manager’s Consolidated Omnibus Budget Reconciliation Act ("COBRA") premiums for COBRA insurance coverage otherwise available to the City Manager, for a period of six (6) months, or as many months as then remain on the City Manager’s contract term, or until the City Manager becomes ineligible for COBRA, whichever is less

2. Payout of Accrued Leave Time. Within fifteen (15) calendar days after the Revocation Period (as defined herein) expires, the City shall pay the City Manager for his accrued leave time in the amounts set forth below, less any relevant taxes and other legally required withholdings:
a) Paid Time Off (_ hours) - $_
b) Floating Holidays (_ hours) - $_

3. Releases.
a) In consideration of the compensation provided for by this agreement, the City Manager, for the City Manager’s self and the City Manager’s successors, assigns and representatives, does hereby release the City, its officers, agents, employees, insurers, successors, predecessors, assigns and representatives, from any and all claims, demands, causes of actions, contracts, covenants, representations, warranties, promises, undertakings, actions, suits, obligations, controversies, debts, costs, expenses, accounts, damages, losses, judgments, liabilities or demands of any nature whatsoever, anticipated or unanticipated, known or unknown (collectively "Claims") that the City Manager may have or claim to have at any time up to and including the time this Agreement is executed by the respective parties. The matters released include by way of example and not ITEM 8.1 – Attachment B
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limitation: Claims for injuries to the City Manager arising out of or relating to the course and scope of employment with the City; claims for alleged violations of any contracts, express or implied, or any covenants of good faith and fair dealing, express or implied; claims of any legal restrictions on the City’s right to discipline or terminate employees, any "constructive discharge," or "wrongful discharge," or any tort; claims for defamation, invasion of privacy and emotional and/ or personal injury or distress or the like; claims for sick leave, vacation, compensated time off, separation pay or severance; claims for violation of any local, state, federal or other government statute, regulation or ordinance, as amended, or any public policy expressing such statute, regulation or ordinance, including, without limitation, the following: Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, and national original discrimination); 42 U. S. C. Section 1918 and 1983 (discrimination in making and enforcement of contracts, deprivation of rights, respectively); Age Discrimination in Employment Act (42 U. S. C. Section 621, 634); Federal and California Equal Pay Acts (29 U. S. C. Section 206(d)( 1) and California Labor Code Sections 3200 et seq.); California Fair Employment and Housing Act (Government Code Section 12940, et seq., including discrimination on the basis of race, color, national origin, ancestry, physical handicap, mental condition, marital status, sex or age); California Labor Code Section 1102. 1 (sexual orientation); Executive Order 11141 (age discrimination); Rehabilitation Act of 1973 ( 29 U. S. C. Sections 503 and 504); Older Workers Benefit Protection Act; Amendments to the Age Discrimination in Employment Act (29 U. S. C. Sections 621, et seq.); Civil Rights Act of 1991; Americans with Disabilities Act; or the Unruh Civil Rights Act California Civil Code Section 51, et seq.); State and Federal Family Medical Leave Acts; any other local, state or federal statute, rule, regulation, ordinance, law or constitution, governing employment, employment termination, discrimination or harassment in employment, or payment of wages or benefits not otherwise specifically mentioned.
b) The City Manager expressly acknowledges and agrees that, by entering into this Agreement, the City Manager is waiving any and all rights or claims that the City Manager may have arising under the Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the date of execution of this Agreement. The City Manager further expressly acknowledges and agrees that (a) the City Manage has entered into this Agreement voluntarily, free from duress, coercion, or mistake of facts; (b) that this Agreement is in writing and understandable; (c) that the City Manager is waiving current ADEA claims explicitly and cannot waive future ADEA claims; (d) in return for this Agreement the City Manager will receive consideration beyond that which the City Manager was already entitled to receive before entering into this Agreement; (e) the City Manager has been advised and is hereby advised in writing to consult with an attorney before signing this Agreement; (f) that the City Manager has been given a copy of this Agreement and informed that the City Manager has twenty-one (21) days within which to consider the Agreement, which period the City Manager has elected to waive; and (g) the City Manager is hereby informed that the City Manager has seven (7) days following the date of the City Manager's execution of this Agreement in which to revoke the Agreement ("Revocation Period"). Any notice of revocation must be in writing and must be delivered to the City Attorney, prior to the end of the seventh calendar day following the date of the City Manager’s execution. The Agreement shall become binding and effective on the eighth day after the date of execution unless a revocation has been filed.

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c) The parties represent and warrant that they have not filed any complaints, charges, or lawsuits against the other, or the City’s Councilmembers, officers, directors, employees, attorneys, or agents, with any court or governmental agency arising out of the City Manager’s employment with the City, and that they will not do so at any time hereinafter. However, the Parties shall not be limited from pursuing claims for the sole purpose of enforcing their rights under this Agreement. Further, the Parties agree that under this Agreement, they waive any claim for damages incurred at any time after the date of this Agreement because of alleged continuing effects of any alleged unlawful acts or omissions involving the City Manager’s employment with or separation from the City, including compensation and other employee benefits. Nothing in this Agreement shall prevent the City from forwarding information or documents to law enforcement officials if the City determines that illegal conduct may have occurred or if otherwise required by law.
d) The parties intend and agree that this Agreement will be effective as full, final and general release of and from all matters covered herein. In furtherance thereof, the City Manager acknowledges that the City Manager is familiar with and has secured independent advice as to California Civil Code Section 1542 which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

The City Manager expressly waives and releases any right or benefit which the City Manager may have or may in the future have under California Civil Code Section 1542 and all similar laws, rules and statutes to the fullest extent that such rights or benefits may be lawfully waived or released.
e) The City Manager acknowledges that the City Manager may hereafter discover facts different from or in addition to those now known or believed to exist arising out of the employment relationship recited above, or matters for which releases have been given herein, and agrees that this Agreement will nonetheless be binding and remain in full and complete force and effect.
f) The City Manager acknowledges that he has had the opportunity to consult independent legal counsel of his own choice prior to the execution of this Agreement. Each party shall bear his or its own respective legal fees and costs.

4. Return of City Property. Before accepting the Severance Payment, the City Manager shall return all City property, including identification cards or badges, access codes or devices, keys, computers, telephones, mobile phones, hand-held electronic devices, credit cards, electronically stored documents or files, physical files, and any other City property in the City’s possession. Notwithstanding the timeframe outlined in Section 1 of this Agreement, the City shall ITEM 8.1 – Attachment B
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not be required to provide the Severance Payment unless and until the City Manager has returned all City property.

5. Confidential Information and Trade Secrets.

This clause is specifically designed to protect the City’s confidential or proprietary information and confidential information and trade secrets. The City Manager acknowledges that during the course of his employment, he has obtained and has had access to certain confidential information, including, but not limited to, personnel information, legal advice, and other confidential or proprietary information relating to City business ("Confidential Information"). All Confidential Information is of substantial value to the City. The City Manager that Confidential Information shall be construed to the fullest extent permitted by Civil Code section 3426 et seq. and any other law that would preclude the release of Confidential Information. The City Manager hereby agrees to forever hold the Confidential Information in strict confidence and not to use such Confidential Information for his or any other person’s benefit. If the City Manager is compelled in any judicial or administrative proceeding to disclose any Confidential Information, he shall promptly notify the City in writing of the proceeding, so that the City may oppose such disclosure or seek an appropriate protective order or other remedy to prevent the disclosure.

The City Manager agrees to deliver or return to the City all Confidential Information regardless of the form it takes, whether documents ( including all copies thereof), electronically stored information (including, but not limited to, email, information stored on any laptop, home computer, handheld personal device or cellular phone, voicemail, text messages, portable storage devices, CDs, DVDs, disks) records, lists, or notes.

6. Miscellaneous.
a) Integration. This Agreement contains and expresses the entire and final agreement of the parties with respect to the matters covered herein, and supersedes all negotiations, prior discussions, prior agreements and preliminary agreements between the parties. No promises or representations, express or implied, concerning this Agreement have been made by the parties other than those contained in this Agreement. b) Amendments. Any alteration or modification of this Agreement must be in writing and signed by each party to it, or their authorized representatives. c) Severability. In the event a court of competent jurisdiction determines that any provision of this Agreement or application of it is void, invalid, unenforceable or contrary to law for any reason, its remaining provisions shall remain in full force and effect. d) Binding on Successors and Assigns. This Agreement shall forever bind and inure to the benefit of the parties and their respective successors and assigns of every type. e) No Admission of Wrongdoing. Each party to this Agreement denies its liability to the other party hereto in connection with the subject matter of this Agreement, but desires to resolve the rights, claims and causes of action, if any, between and among them without the necessity of litigation. This Agreement is a compromise of the disputed claims and rights, and shall not constitute or be construed as an admission by either of the parties of ITEM 8.1 – Attachment B
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wrongdoing or violation of any law, statute, duty or contract whatsoever, or that any of the parties was entitled to any damages or amounts demanded incident to this controversy. f) Admissibility of Agreement. Notwithstanding any other provision of this Agreement to the contrary, it is the parties' intent that this Agreement be admissible, binding and enforceable under California Civil Code section 664. 6, and subject to disclosure within the meaning of California Evidence Code section 1123(a), (b) and (c), and that this Agreement is expressly not privileged from disclosure under California Evidence Code section 1119.
g) Venue. The Parties agree that any and all disputes regarding this Agreement shall be brought in the Superior Court of the State of California, Orange County. h) Attorneys’ Fees. In any action brought to enforce any provision of this Agreement, each side shall bear their own costs and attorney’s fees. i) Indemnification for Tax Obligations. It is expressly understood and agreed that the City Manager has secured his own independent advice with respect to the tax consequences of the payments to be made under this Agreement and shall indemnify and hold the City harmless for any and all claims, demands or actions brought alleging any tax obligation with respect to said payments. It is expressly understood that by entering into this Agreement, the City Manager is not relying upon any representations concerning the tax consequences or effect of the payments to be made under this Agreement by the City or its attorneys.
j) Execution. This Agreement may be executed in two or more counterparts, including typewritten, photographic or facsimile copies, each of which shall be deemed to be an original Agreement, and all of which together shall constitute one agreement.

THE UNDERSIGNED PARTIES, AND EACH OF THEM, ACKNOWLEDGE

THAT THEY HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY,

HAVE HAD THE OPPORTUNITY TO DISCUSS THE CONTENTS OF THE

AGREEMENT WITH THEIR RESPECTIVE ATTORNEYS AND, AS A RESULT, FULLY UNDERSTAND THE TERMS AND CONSEQUENCES OF THE AGREEMENT. BASED

ON THEIR KNOWLEDGE AND UNDERSTANDING OF THE AGREEMENT, THE

PARTIES REPRESENT AND WARRANT THAT THEY FREELY AND VOLUNTARILY ENTER INTO IT ON THE DATE SET FORTH BELOW.
[SIGNATURES]