CITY of LAGUNA WOODS
CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, June 21, 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 6/16/23
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda 06/21/2023 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: 840 2250 2584 followed by pound (#) and the following meeting passcode: 125217 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: 840 2250 2584
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 125217
• 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 City Hall/Public Library Project Update
Recommendation: Receive and file.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. To indicate interest, please notify City staff if present in-person, press *9 on your telephone if participating by telephone, or click on “Raise Hand” if participating by computer via Zoom. Pursuant to state law, the City Council is unable to take action on such items, but may engage in brief discussion, provide direction to City staff, or schedule items for consideration at future meetings.
VI. CONSENT CALENDAR
About the Consent Calendar: All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, City staff, or member of the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.
6.1 City Council Minutes
Laguna Woods City Council Agenda 06/21/2023 Regular Page 5 of 11 Recommendation: Approve the City Council meeting minutes for the regular meeting on May 17, 2023.
6.2 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of May 2023.
6.3 Warrant Register
Recommendation: Approve the warrant register dated June 21, 2023 in the amount of $552,625.97.
6.4 Planning Services
Recommendation:
1. Approve an agreement with 4LEAF, Inc. for planning services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
AND
2. Approve an agreement with LSA Associates, Inc. for planning services and authorize the City Manager to execute the
agreement, subject to approval as to form by the City Attorney.
6.5 Senior Mobility Program Transportation Services
Recommendation: Approve an agreement with Cabco Yellow, Inc. doing business as California Yellow Cab for senior mobility program transportation services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
6.5 Water Quality (Stormwater) Services
Recommendation: Approve an agreement with John L. Hunter and Associates, Inc. for water quality (stormwater) services and
authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
VII. PUBLIC HEARINGS
7.1 Conditional Use Permit CUP-2023-0002 to allow for the establishment of an administrative/professional office within an existing 3,272 square foot unit in an existing building, at 24310 Moulton Parkway, Suite C-2, Laguna Woods, CA 92637
Recommendation:
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT CUP-2023-0002 TO ALLOW
FOR THE ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE WITHIN AN
EXISTING 3,272 SQUARE FOOT UNIT IN AN EXISTING
BUILDING, AT 24310 MOULTON PARKWAY, SUITE C-2,
LAGUNA WOODS, CA 92637, AND DETERMINING AND
CERTIFYING THAT THE CONDITIONAL USE PERMIT IS
Laguna Woods City Council Agenda 06/21/2023 Regular Page 7 of 11
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15301 OF TITLE 14 OF THE CALIFORNIA
CODE OF REGULATIONS
7.2 Sign Program SP-2023-0003 to allow for various signage at 23562 Moulton Parkway, Laguna Woods, CA 92637
Recommendation:
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, APPROVING SIGN
PROGRAM SP-2023-0003 TO ALLOW FOR VARIOUS
SIGNAGE AT 23562 MOULTON PARKWAY, LAGUNA
WOODS, CA 92637, AND DETERMINING AND
CERTIFYING THAT THE SIGN PROGRAM IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15311 OF TITLE 14 OF THE CALIFORNIA
CODE OF REGULATIONS
7.3 Building, Planning, Encroachment, and Grading Permit Fees Recommendation:
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, ADOPTING NEW
AND INCREASED OR MODIFIED BUILDING AND
PLANNING SERVICES FEES, AND ENCROACHMENT
AND GRADING PERMIT FEES; AND DETERMINING
AND CERTIFYING THAT THIS ACTION IS NOT SUBJECT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS
VIII. CITY COUNCIL BUSINESS
8.1 Cannabis Retail Sales Business Regulations
Recommendation:
OPTION A: If the City Council wishes to proceed with adopting regulations Laguna Woods City Council Agenda 06/21/2023 Regular Page 9 of 11 that would permit cannabis retail sales businesses:
A1. Direct the City Manager to schedule a public hearing for the City Council to consider [i] adoption of an ordinance that would authorize the operation of storefront retailer
(dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, and [ii] adoption of a resolution that would set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
AND/OR
A2. Provide the City Manager with input and direction regarding the preparation of [i] an ordinance that would – if adopted by the City Council at a future meeting – authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, and [ii] adoption of a resolution that would set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for
storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
OPTION B: If the City Council does NOT wish to proceed with adopting regulations that would permit cannabis retail sales businesses:
B1. Direct the City Manager not to schedule a public hearing for the City Council to consider [i] adoption of an ordinance that would authorize the operation of storefront retailer
(dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, and [ii] adoption of a resolution that would set the rate of the cannabis business tax authorized by
Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
OR
B2. Request additional information from the City Manager and direct that this item be continued until such time as the additional information is available.
OR
B3. Take no action.
8.2 Fiscal Years 2023-25 Budget and Work Plan & Fiscal Years 2023- 34 Capital Improvement Program Development
Recommendation: Provide direction to the City Manager regarding the development of the Fiscal Years 2023-25 Budget and Work Plan & Fiscal Years 2023-34 Capital Improvement Program.
IX. CITY COUNCIL REPORTS AND COMMENTS
About City Council Reports and Comments: This is the time and place for members of the City Council to provide reports on meetings attended including, but not limited to, meetings of regional boards and entities to which they have been appointed to represent the City and meetings attended at the expense of the City pursuant to California Government Code Section 53232.3. Members of the City Council may also make other comments and announcements.
9.1 Coastal Greenbelt Authority
Councilmember McCary, First Alternate: Councilmember Horne, Second Alternate: Mayor Conners
9.2 Orange County Fire Authority
Mayor Pro Tem Hatch
9.3 Orange County Library Advisory Board
Councilmember Moore; Alternate: Councilmember McCary
Laguna Woods City Council Agenda 06/21/2023 Regular Page 11 of 11
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, June 28, 2023 at 2 p.m.
Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
Next Regular Meeting: Wednesday, July 19, 2023 at 2 p.m.
Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
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4.1 CITY HALL/PUBLIC LIBRARY UPDATE
(NO REPORT)
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6.0 CONSENT CALENDAR SUMMARY
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ITEM 6.0
CC 06-21-2023 RM Consent Calendar Summary – AR Page 1 of 3 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: June 21, 2023 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the June 21, 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 June 21, 2023 Consent Calendar contains the following items:
6.1 Approval of the City Council meeting minutes for the regular meeting on May 17, 2023.
6.2 Approval of a motion to receive and file the City Treasurer’s Report for the month of May 2023.
6.3 Approval of the warrant register dated June 21, 2023 in the amount of $552,625.97. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.
ITEM 6.0
Consent Calendar Summary – AR Page 2 of 3 CC 06-21-2023 RM
6.4 [1] Approval of an agreement with 4LEAF, Inc. for planning services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
AND
[2] Approval of an agreement with LSA Associates, Inc. for planning services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
The Request for Proposals (“RFP”) for planning services was released on April 6, 2023 with proposals due by April 28, 2023. Four proposals were received (4LEAF, Interwest Consulting Group, LSA Associates, and Sagecrest Planning+Environmental). After reviewing all proposals and interviewing the two firms not currently under contract to provide planning services to the City, staff recommends that the City Council award agreements to 4LEAF and LSA Associates due to factors including, but not limited to, cost, experience, and environmental planning capabilities, as well as past performance and continuity for work-in-progress (in the case of LSA Associates). LSA Associates has provided planning services to the City since March 2021 and either provides or has provided similar services for the cities of Anaheim, Costa Mesa, Cypress, Huntington Beach, Lake Forest, Mission Viejo, Newport Beach, San Juan Capistrano, and Yorba Linda, as well as the County of Orange. 4LEAF either provides or has provided similar services for the cities of Anaheim, Fullerton, Irvine, Newport Beach, San Clemente, and Santa Ana.
6.5 Approval of an agreement with Cabco Yellow, Inc. doing business as California Yellow Cab for senior mobility program transportation services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. The Request for Proposals (“RFP”) for senior mobility transportation services was released on February 9, 2023 with proposals due by March 3, 2023. Despite being publicly noticed and distributed directly to a number of transportation companies known to operate in Orange County, only one proposal was received (California Yellow Cab). After reviewing the proposal, staff recommends that the City Council award the agreement to California Yellow Cab due to factors including, but not limited to, cost, experience, and past performance.
California Yellow Cab currently provides senior mobility program ITEM 6.0
CC 06-21-2023 RM Consent Calendar Summary – AR Page 3 of 3 transportation services to the City and either provides or has provided similar services for the cities of Laguna Hills, Mission Viejo, and Orange.
6.6 Approval of an agreement with John L. Hunter and Associates, Inc. for water quality (stormwater) services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. The Request for Proposals (“RFP”) for water quality services was released on May 11, 2023 with proposals due by June 2, 2023. Four proposals were received (Charles Abbott Associates, Fuscoe Engineering, John L. Hunter and Associates, and Michael Baker International). After reviewing all proposals and interviewing the two top-ranked firms, staff recommends that the City Council award the agreement to John L. Hunter and Associates due to factors including, but not limited to, cost, experience, and past performance. John L. Hunter and Associates has provided water quality services to the City since September 2020 and either provides or has provided similar services for the cities of Fullerton, La Habra, Placentia, Seal Beach, Stanton, and Villa Park.
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6.1 CITY COUNCIL MINUTES
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
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ITEM 6.1
May 17, 2023 1 City Council Regular Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
May 17, 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 Regular Meeting of the City Council of the City of Laguna Woods to order at 2:01 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 Moore led the 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
Mayor Conners made comments and called for a moment of silence.
A moment of silence was observed.
4.2 Asian American and Pacific Islander Heritage Month – May 2023 City Clerk Trippy read the proclamation.
ITEM 6.1
May 17, 2023 2 City Council Regular Meeting Minutes
Councilmembers made comments.
Moved by Councilmember Horne, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve and present the proclamation.
4.3 Older Americans Month – May 2023
City Clerk Trippy read the proclamation.
Aimée Roberts, Director of Communications, Age Well Senior Services, made comments.
Councilmembers made comments.
Moved by Councilmember Horne, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve and present the proclamation.
4.4 City Hall/Public Library Project Update
City Manager Macon provided an update and answered related questions.
Councilmembers made comments.
Mark Monin, resident, asked about the timeline for opening the library.
City Manager Macon briefly responded to Mr. Monin’s question.
Mayor Conners called for a brief recess at 2:23 p.m.
The meeting was called back to order at 2:24 p.m.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Heather Hyland, Director of Communications, Orange County Mosquito & Vector Control District, made a presentation regarding the District’s current activities and answered related questions.
Councilmembers briefly commented on Ms. Hyland’s presentation.
Kimberlee Belli, representing Orange County Supervisor Katrina Foley, discussed recent and upcoming events, as well as opportunities for volunteerism.
VI. CONSENT CALENDAR
Moved by Councilmember Horne, seconded by Mayor Pro Tem Hatch, and carried on a 4-0 vote, with Councilmember Moore abstaining, to approve Consent Calendar items 6.1 – 6.15.
ITEM 6.1
May 17, 2023 3 City Council Regular Meeting Minutes
Mayor Pro Tem Hatch made comments.
6.1 City Council Minutes
Approved 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
Received and filed the City Treasurer’s Report for the month of April 2023.
6.3 Warrant Register
Approved 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
1. Adopted 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 INTERNAL 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. Adopted 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 Approved an extension of the agreement with Interwest Consulting Group for building ITEM 6.1
May 17, 2023 4 City Council Regular Meeting Minutes
official, permit counter, and inspection services and authorized the City Manager to execute the extension, subject to approval as to form by the City Attorney.
6.6 City Attorney Services
Approved a legal representation letter amending and extending the agreement with Rutan & Tucker, LLP for legal services as City Attorney and authorized the Mayor to execute the legal representation letter.
6.7 City Engineering and Traffic Operations Services
1. Waived the provisions set forth in Laguna woods Municipal Code Section 3.06.080(c) related to competitive bidding.
AND
2. Approved an extension of the agreement with CivilSource, Inc. for city engineering and traffic operations services and authorized the City Manager to execute the extension, subject to approval as for form by the City Attorney.
6.8 City Hall and Public Library Building Janitorial Services Approved an extension and amendment of the agreement with Omni Enterprise, Inc. for City Hall janitorial services and authorized 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
Approved an extension of the agreement with Willdan Engineering for code enforcement services and authorized the City Manager to execute the extension, subject to approval as to form by the City Attorney.
6.10 As Needed Financial Consulting Services
1. Waived the provisions set forth in Laguna woods Municipal Code Section 3.06.080(c) related to competitive bidding.
AND
2. Approved an extension of the agreement with Irwin B. Bornstein for as needed financial consulting services and authorized the City Manager to execute the extension, subject to approval as for form by the City Attorney.
6.11 Information Technology Services
ITEM 6.1
May 17, 2023 5 City Council Regular Meeting Minutes
1. Waived the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding.
AND
2. Approved an extension of the agreement with Practical Data Solutions for information technology services and authorized the City Manager to execute the extension, subject to approval as for form by the City Attorney.
6.12 Law Enforcement Services
Approved an agreement with the County of Orange for law enforcement services and authorized the Mayor to execute the agreement, subject to approval as to form by the City Attorney.
6.13 As Needed Waste Management Consulting Services
1. Waived the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding.
AND
2. Approved an extension of the agreement with Michael Balliet for as needed waste management consulting services and authorized the City Manager to execute the extension, subject to approval as for form by the City Attorney.
6.14 California Joint Powers Insurance Authority Risk Management Educational Forum Authorized 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
Rejected 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
ITEM 6.1
May 17, 2023 6 City Council Regular Meeting Minutes
City Manager Macon made a presentation.
Mayor Conners continued the public hearing that was continued from the regular City Council meeting on April 19, 2023.
Tarek El Nabli, applicant, made a presentation regarding Parentis Health and the project.
Mr. El Nabli also answered related questions.
Mark Monin, resident, noted his support for the project, asked about ways that the public could enjoy the building, and recommended the use of trees that conserve water and no turf grass.
Kathryn Freshley, resident, noted that she is disappointed in the City’s lack of architectural controls and the proposed architecture of the project. She encouraged an “Old Spanish” look.
With no other requests to speak, the public hearing was closed.
Councilmembers discussed the item and staff answered related questions. Mr. El Nabli and Rafi Topalian, the applicant’s architect, also answered related questions.
Moved by Councilmember Horne, seconded by Mayor Pro Tem Hatch, and carried unanimously on a 5-0 vote, to adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, APPROVING SITE DEVELOPMENT
PERMIT SDP-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
Councilmembers discussed the item and Mr. El Nabli and Mr. Topalian answered related questions.
VIII. CITY COUNCIL BUSINESS
8.1 City Manager Employment Agreement
ITEM 6.1
May 17, 2023 7 City Council Regular Meeting Minutes
City Attorney Patterson made a presentation.
Mayor Conners noted that the City Council received two written public comments via email prior to the meeting. Both emails expressed concerns regarding, and opposition to, the proposed agreement. That correspondence is noted and included in the public record.
Kathryn Freshley, resident, expressed concerns regarding, and opposition to, the proposed agreement, including the length of the term, monthly deferred compensation contribution, and amount of paid leave.
Eva Lydick, resident, expressed concerns regarding, and opposition to, the proposed agreement and encouraged the City Council to take Ms. Freshley’s comments into consideration.
Councilmembers discussed the item and City Attorney Patterson answered related questions.
Moved by Mayor Pro Tem Hatch, seconded by Councilmember Horne, and carried on a 4-1 vote with Councilmember Moore voting no, to 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
9.1 Coastal Greenbelt Authority
Councilmember McCary provided a report.
9.2 Orange County Fire Authority
Mayor Pro Tem Hatch provided a report.
9.3 Orange County Library Advisory Board
Councilmember Moore provided a report and responded to questions from Mayor Pro Tem Hatch.
9.4 Orange County Mosquito and Vector Control District
Councilmember Horne stated that her report was provided earlier in the meeting.
9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Conners provided a report.
9.6 South Orange County Watershed Management Area
ITEM 6.1
May 17, 2023 8 City Council Regular Meeting Minutes
Councilmember Moore stated that she would provide a report at the next meeting.
9.7 Liaisons to Community Bridge Builders
Councilmember Horne provided a report.
Mayor Conners made comments.
9.8 Other Comments and Reports – None
X. CLOSED SESSION – None
XI. CLOSED SESSION REPORT – None
XII. ADJOURNMENT
The meeting was adjourned at 5:06 p.m. The next adjourned regular meeting will be at 2:00 p.m. on Wednesday, May 31, 2023, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: June 21, 2023
__________________________________
CYNTHIA S. CONNERS, Mayor
6.2 CITY TREASURER’S REPORT
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
City of Laguna Woods
City Treasurer's Report
For the Month Ended May 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
Beginning
Balances
Earnings &
Receipts Disbursements
Purchases,
Transfers &
Other
Adjustments
Ending
Balances
% of Total
Cash &
Investment
Balances
Maximum %
Allowed per
Investment
Policy
As of 4/30/23 As of 5/31/23
Cash and Cash EquivalentsAnalyzed Checking Account (Note 1) 871,800 $ 1,885,263 $ (552,485) $ (1,240,000) $ 964,578 $ 6.56% Cash Balances, Multi-Bank Securities (MBS) Account (Note 2 and 4) 11,868 $ 17,207 $ (13,922) $ - $ 15,153 $ 0.10% Earned Interest in Transit and Accrued Interest, MBS Account (Note 4) 20,741 $ 15,694 $ (17,207) $ - $ 19,228 $ 0.13% Petty Cash $ 53 1,447 $ (459) $ - $ 1,041 $ 0.01%
Laguna Woods Civic Support Fund Checking Account 50,294 $ 0.21 $ - $ - $ 50,294 $ 0.34% Total Cash and Cash Equivalents 956,150 $ 1,918,217 $ (584,073) $ (1,240,000) $ 1,050,294 $ 7.14% 100.00% Pooled Money Investment AccountsLocal Agency Investment Fund (LAIF - fair value) (Notes 2 and 3) 1,284,271 $ - $ - $ - $ 1,284,271 $ 8.74% Orange County Investment Pool (OCIP - fair value) (Notes 2 and 3) 6,836,207 $ 16,734 $ (173) $ 750,000 $ 7,602,768 $ 51.72% Total Pooled Money Investment Accounts 8,120,478 $ 16,734 $ (173) $ 750,000 $ 8,887,039 $ 60.45% 90.00% Investments - Interest and Income BearingCertificates of Deposit - non-negotiable (fair value) (Note 2) 4,294,776 $ - $ - $ 469,018 $ 4,763,794 $ 32.40% Total Investments - Interest and Income Bearing 4,294,776 $ - $ - $ 469,018 $ 4,763,794 $ 32.40% 90.00% TOTAL $ 1,934,951 13,371,404 $ (584,246) $ (20,982) $ 14,701,127 $ 100.00% Summary of Total Cash, Cash Equivalents, and Investments:
General Fund
Special
Revenue Funds Totals
Analyzed Checking Account (2,679,986) $ 3,644,564 $ 964,578 $ Cash Balances, MBS Account 15,153 $ - $ 15,153 $
Earned Interest in Transit and Accrued Interest, MBS Account 19,228 $ - $ 19,228 $ Petty Cash 1,041 $ - $ 1,041 $
LAIF 1,284,271 $ - $ 1,284,271 $
OCIP 7,602,768 $ - $ 7,602,768 $
Certificates of Deposit 4,763,794 $ - $ 4,763,794 $
Laguna Woods Civic Support Fund Checking Account - $ 50,294 $ 50,294 $ Totals $ 3,694,858 11,006,269 $ 14,701,127 $
(See NOTES on Page 4 of 4)
City Treasurer's Report Page 1 of 4 For the Month Ended May 31, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended May 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
CUSIP
Investment
# Issuer Term
Purchase
Date
Settlement
Date Par Value Market Value Book Value
Stated Rate
(Note 4)
Coupon
Type
1st Coupon
Date
Rating or
Rank (*)
Yield to
Maturity
365 Days
Maturity
Date
Money Funds and Certificate of Deposits (CDs, Federal Deposit Insurance Corporation [FDIC] Insured) 61760ARV3 2018-7 MORGAN STANLEY PRIVATE BK NATL 60 months 11/06/18 11/15/18 245,000 243,038 245,000 3.550 Semi-Annual 05/15/19 Green*** 3.550 11/15/23 02589AA28 2018-9 AMERICAN EXPRESS NATL 60 months 12/04/18 12/04/18 240,000 237,907 240,000 3.550 Semi-Annual 06/04/19 Green*** 3.550 12/04/2333715LCZ1 2018-10 FIRST TECHNOLOGY FED CU MTN VIEW 60 months 12/07/18 12/12/18 245,000 242,815 245,000 3.600 Monthly 01/12/19 Green*** 3.600 12/12/23 052392CK1 2022-6 AUSTIN TELCO FED CR 12 months 12/09/22 12/16/22 245,000 244,735 245,000 5.100 Monthly 01/01/23 Green*** 5.100 12/18/23 00833AAB6 2022-7 AFFINITY PLUS CR UN 12 months 12/15/22 12/27/22 245,000 244,723 245,000 5.100 Monthly 01/27/23 Green*** 5.100 12/27/23 91334AAM5 2023-3 UNITED HERITAGE CR 12 months 03/07/23 03/21/23 200,000 200,040 200,000 5.200 Monthly 03/31/23 Green*** 5.200 03/21/24 949763ZA7 2019-1 WELLS FARGO BK N A 60 months 04/09/19 04/10/19 245,000 239,862 245,000 2.850 Monthly 05/10/19 Green* 2.850 04/10/24 38150VBG3 2022-2 GOLDMAN SACHS BK USA 24 months 05/24/22 06/01/22 245,000 239,069 245,000 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 12/16/22 245,000 243,645 245,000 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 02/14/20 245,000 230,962 245,000 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 93,917 100,000 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 05/25/22 245,000 235,068 245,000 3.100 Semi-Annual 11/25/22 Green* 3.100 05/27/25 75102EAP3 2023-6 RAIZ FED CR UN 24 months 05/17/23 05/24/23 245,000 244,022 245,000 5.050 Monthly 06/24/23 Yellow** 5.050 05/27/25 59524LAA4 2023-1 MID CAROLINA CR UN 36 months 03/07/23 03/13/23 200,000 199,046 200,000 4.850 Monthly 04/13/23 Green*** 4.850 03/13/26 23204HNV6 2023-4 CUSTOMERS BK 36 months 03/30/23 03/31/23 245,000 243,905 245,000 5.000 Semi-Annual 09/30/23 Green** 5.000 03/31/2687868YAQ6 2023-7 TECHNOLOGY CR UN 36 months 05/19/23 05/30/23 245,000 243,978 245,000 5.000 Monthly 07/01/23 Green*** 5.000 05/29/26 32022RRG4 2022-4 1ST FINL BK USA 48 months 06/15/22 06/24/22 245,000 231,150 245,000 3.150 Monthly 07/24/22 Green* 3.150 06/24/26 2546733P9 2023-5 DISCOVER BK 48 months 03/30/23 04/05/23 245,000 242,376 245,000 4.800 Semi-Annual 10/05/23 Green*** 4.800 04/05/27 50625LBN2 2022-3 LAFAYETTE FED CR 60 months 05/24/22 06/15/22 245,000 228,477 245,000 3.250 Monthly 07/15/22 Green*** 3.250 06/15/27 14042RUX7 2022-5 CAPITAL ONE NATL ASSN 60 months 10/06/22 10/13/22 245,000 239,287 245,000 4.500 Semi-Annual 04/13/23 Green* 4.500 10/13/27 90355GCE4 2023-2 UBS BANK USA 60 months 03/07/23 03/08/23 200,000 195,772 200,000 4.600 Monthly 04/08/23 Green* 4.600 03/08/28 Accrued Interest - Month End 19,228Total CDs 4,860,000 4,783,022 4,860,000 Veribanc
Rank
Green
Yellow
Red
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 7,746,259 7,602,768 7,746,259 Note 3 Monthly N/A N/A N/A N/A Total PMIA 9,042,651 8,887,039 9,042,651
(See NOTES on Page 4 of 4)
Merits close attention, does not meet minimal qualifications for equity and has incurred significant losses (*) 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. The table 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.
Veribanc Rating System
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 May 31, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended May 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
Beginning
Balances
Contributions /
(Withdrawals)
Administrative
Fees &
Investment
Expense
Unrealized
Gain / (Loss)
Ending
Balances
As of 4/30/23 As of 5/31/23
Other Post-Employment Benefits (OPEB) TrustCalPERS California Employers' Retiree Benefit Trust (CERBT) (Note 2) 130,720 $ - $ (9) $ (2,743) $ 127,967 $ (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 130,720 $ - $ (9) $ (2,743) $ 127,967 $ (See NOTES on Page 4 of 4)
City Treasurer's Report Page 3 of 4 For the Month Ended May 31, 2023 City of Laguna Woods
City Treasurer's Report
For the Month Ended May 31, 2023
CASH AND INVESTMENTS
ITEM 6.2
Notes:
OPEB Trust / The City made no contributions to or withdrawals from the OPEB Trust. The OPEB Trust experienced a net loss of ($2,752.41) in May 2023.Employer Pension Contributions Trust / In April 2021, the City elected to participate in the CEPPT. The City has not yet made contributions to the CEPPT.
Pool
Earnings
Post
Prior Period
Earnings
Deposited
Deposit for Period
Ended
Current
Month /
Quarter
Gross Yield
Current Month / Quarter
Earnings Will Post
LAIF Quarterly $0.00 See Notes See Notes July 2023
OCIP Monthly $16,733.90 February 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 May 2023 was 2.993% 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 May 31, 2023 was $62,514.77. May 31, 2023 interest rate was 3.596% and fees were 0.030%, for a net yield of 3.566%.
Note 4 - CDs / The stated earnings rate for CDs is a fixed rate for the full term. The City earned interest of $17,207.25 and transferred out $13,922.09 in cash balances to the City's checking account in May 2023. Cash balances to be invested or paid out are classified separately on page 1 of 4. The City's portfolio also has $19,227.99 in accrued interest, not yet vested.Note 3 - Investment earnings on pooled money investment accounts deposited and reported in April 2023 net of related fees were:Note 1 - Analyzed Checking Account / Monthly activity reported does not reflect May 2023 vendor invoicing processed after the date of this report.
Note 2 - During May 2023, transaction activity in pooled money investment accounts, investment accounts and fiduciary trusts included:
LAIF / The City made no deposits to or withdrawals from the LAIF account. 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 transferred $750,000 to OCIP from the checking account and made no 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 $490,000 cash balance in two Certificates of Deposit: $245,000 in a Raiz Federal Credit Union Certificate Deposit for a 24 month term at a 5.050% yield rate, and $245,000 in a Technology Credit Union Certificate of Deposit for a 36 month term at 5.000% yield rate. Investments were adjusted in the amount of ($20,981.80) to report balances at fair market value as of May 31, 2023.
City Treasurer's Report Page 4 of 4 For the Month Ended May 31, 2023 Digitally signed by Elizabeth Torres Date: 2023.06.16 15:23:35 -07'00'
6.3 WARRANT REGISTER
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 6.3
Date Vendor Name Description Amount
Debit Automatic Bank Debits:
Debit 05/02/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / April 2023 116.67Debit 05/02/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / April 2023 230.33Debit 05/02/2023 CALPERS - RETIREMENT Unfunded Accrued Liability / April 2023 116.67Debit 05/02/2023 GLOBAL PAYMENTS / OPEN EDGE Credit Card Processing Fees / April 2023 1,868.22Debit 05/02/2023 AUTHORIZE.NET Online Credit Card Processing Fees / April 2023 12.00Debit 05/02/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 04/07/2023 3,157.93Debit 05/02/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 04/07/2023 1,736.79Debit 05/02/2023 DELTA DENTAL OF CALIFORNIA Employee Benefit Program / April 2023 472.44Debit 05/05/2023 ADP PAYROLL SERVICES Payroll Processing Fees / Pay Periods Ended 04/07/2023 & 04/21/2023 429.12Debit 05/08/2023 NAVIA BENEFIT SOLUTIONS, INC 125 Cafeteria Plan Administration / April 2023 100.00Debit 05/10/2023 ADP TAX Payroll Taxes / Pay Period Ended 05/05/2023 9,565.14Debit 05/10/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 05/05/2023 20,710.77Debit 05/11/2023 CALPERS - HEALTH Employee Benefit Program / May 2023 7,847.63Debit 05/11/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 05/05/2023 1,520.00Debit 05/12/2023 U.S. BANK Bank Service Charges / April 2023 44.80Debit 05/13/2023 COUNTY OF ORANGE - SHERIFF Law Enforcement Services / May 2023 261,943.67Debit 05/23/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 04/21/2023 3,157.93Debit 05/23/2023 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 04/21/2023 1,730.89Debit 05/24/2023 ADP TAX Payroll Taxes / Pay Period Ended 05/19/2023 9,164.01Debit 05/24/2023 ADP WAGE PAY Payroll Transfer / Pay Period Ended 05/19/2023 20,191.20Debit 05/25/2023 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 05/19/2023 1,520.00 Check
Number Warrants:
6634 05/12/2023 360CIVIC Website Hosting / April 2023 200.00 6635 05/12/2023 ABOUND FOOD CARE Edible Food Recovery Program Services / April 2023 380.926636 05/12/2023 ACC BUSINESS City Hall Internet Service / March 2023 608.666637 05/12/2023 ALPHA CARD SYSTEM, LLC Senior Mobility Program Equipment 1,663.33 6638 05/12/2023 AMAZON CAPITAL SERVICES Office, Janitorial & Maintenance Supplies 404.666639 05/12/2023 AT&T Telephone / 452-0600 / April 2023 2,417.276640 05/12/2023 AT&T Telephone / 458-3487 / April 2023 44.58 6641 05/12/2023 AT&T White Pages / May 2023 4.286642 05/12/2023 AT&T Telephone / 639-0500 / April 2023 218.126643 05/12/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / April 2023 19,336.75 6644 05/12/2023 CHARGEPOINT INC City Hall Electronic Vehicle Charging Infrastructure Project 15,252.896645 05/12/2023 CITY OF LAGUNA BEACH Animal Control & Shelter Services / March 2023 9,426.756646 05/12/2023 CIVIL SOURCE Engineering Services / January - February 2023 2,560.006647 05/12/2023 CLEARSOURCE FINANCIAL Fee Study Services 8,640.006648 05/12/2023 COUNTY OF ORANGE Automated Fingerprint ID System / May 2023 613.006649 05/12/2023 EL TORO WATER DISTRICT Water Service / March 2023 2,201.786650 05/12/2023 EPIC IO TECHNOLOGIES, INC. City Hall Internet Service / May 2023 171.456651 05/12/2023 GOGOV, INC. Code Enforcement & Water Quality Software / Fiscal Year 2023-24 2,688.006652 05/12/2023 INSTANT INFORMATION TECHNOLOGY Telephone System Cabling 9,913.00
CITY OF LAGUNA WOODS
WARRANT REGISTER
June 21, 2023
This Report Covers the Period 05/01/2023 through 05/31/2023 1 of 3
ITEM 6.3
Date Vendor Name Description Amount
CITY OF LAGUNA WOODS
WARRANT REGISTER
June 21, 2023
This Report Covers the Period 05/01/2023 through 05/31/2023 6653 05/12/2023 ITERIS, INC Traffic Engineering / March 2023 4,980.006654 05/12/2023 JOHN L. HUNTER & ASSOCIATES, INC NPDES Inspection Services / February - March 2023 567.50 6655 05/12/2023 KONE INC. City Hall Elevator Maintenance / May 2023 232.316656 05/12/2023 LSA ASSOCIATES, INC. Planning Services / November 2022 & January - March 2023 23,992.756657 05/12/2023 MICHAEL BAKER INTERNATIONAL Planning Services / March 2023 8,366.506658 05/12/2023 OMNI ENTERPRISE INC Janitorial Services / March 2023 2,420.006659 05/12/2023 ON POINT LAND SURVEYING, INC Survey Document Preparation 2,280.00 6660 05/12/2023 PETTY CASH Replenish Petty Cash / April 2023 - 6661 05/12/2023 RICOH USA, INC. Building Printer Usage / February - April 2023 74.526662 05/12/2023 RJM DESIGN GROUP City Hall Public Library Project 900.006663 05/12/2023 SAFEGUARD BUSINESS SYSTEMS Printing Services 328.886664 05/12/2023 SOUTHERN CALIFORNIA EDISON Electric Services / April 2023 6,746.726665 05/12/2023 SOUTHERN CALIFORNIA GAS COMPANY Gas Service - City Hall / April 2023 264.28 6666 05/12/2023 SOUTHERN CALIFORNIA SHREDDING, Shredding Services / April 2023 500.00 6667 05/12/2023 STAPLES Office Supplies 395.596668 05/12/2023 SUN TAMERS WINDOW TINTING City Hall Public Library Project 5,731.32 6669 05/12/2023 SWEEPING CORPORATION OF AMERICA Street Sweeping Services / April 2023 3,480.006670 05/12/2023 U.S. BANK Credit Card Charges (expenditures reported separately - see note 3) 1,804.316671 05/12/2023 US BUILDERS AND CONSULTANTS City Hall Refurbishment and Safety Project: Phase 3 7,907.926672 05/12/2023 WILLDAN ENGINEERING Code Enforcement Services / March 2023 2,820.00 6673 05/12/2023 WM CURBSIDE, LLC HHW, Medicine & Sharps Program / April 2023 4,442.406674 05/19/2023 ARC DOCUMENT SOLUTIONS, LLC. Printing Services 1,118.556675 05/19/2023 AT&T Telephone / 581-9821 / April 2023 51.01 6676 05/19/2023 CALIFORNIA YELLOW CAB Taxi Voucher Services / April 2023 705.00 6676 05/19/2023 CALIFORNIA YELLOW CAB NEMT Taxi Voucher Services / April 2023 112.006677 05/19/2023 CIVICPLUS, LLC Codification of Ordinances 1,975.186678 05/19/2023 IRWIN B BORNSTEIN, CPA Financial Consulting Services / April 2023 1,850.006679 05/19/2023 ITERIS, INC Engineering Services / April 2023 2,850.00 6680 05/19/2023 ORANGE COUNTY EXECUTIVE PORTRAITS Councilmember Portrait 284.00 6681 05/19/2023 ORANGE COUNTY REGISTER-NOTICES Public Notices / April 2023 851.886682 05/19/2023 ORKIN Pest Control Services 900.00 6683 05/19/2023 PARK CONSULTING GROUP, INC Software Consulting Services / April 2023 2,325.00 6684 05/19/2023 RICOH USA, INC. Copier Lease / June 2023 246.57 6685 05/19/2023 RJM DESIGN GROUP Landscape Architectural Services / April 2023 1,108.856686 05/19/2023 SHARESQUARED, INC. Building Document Tracking Project 4,255.006687 05/19/2023 WILLDAN ENGINEERING Code Enforcement Services / April 2023 2,250.006688 05/26/2023 BOUTWELL FAY LLP Legal Services / April 2023 425.006689 05/26/2023 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / April - May 2023 7,930.556690 05/26/2023 INTERWEST CONSULTING GROUP Building Official, Permit Counter & Inspection Services / December 2022 680.006691 05/26/2023 MANAGED HEALTH NETWORK Employee Benefit Program / June 2023 16.726692 05/26/2023 PV MAINTENANCE INC Street, City Hall & Park Maintenance / April 2023 11,996.00 6693 05/26/2023 RUTAN & TUCKER, LLP Legal Services / April 2023 6,863.076694 05/26/2023 SIMONSON PHOTOGRAPHY Councilmember Portrait 457.946695 05/26/2023 YUNEX LLC Traffic Signal Maintenance / April 2023 2,680.00 Total Bank Debits and Warrants: $ 552,548.97
2 of 3
ITEM 6.3
Date Vendor Name Description Amount
CITY OF LAGUNA WOODS
WARRANT REGISTER
June 21, 2023
This Report Covers the Period 05/01/2023 through 05/31/2023 Petty Cash Expenditures Paid Out (See Note 2)
Christopher Macon Parking Reimbursement $27.00
Orange County Clerk-Recorder Document Recording $50.00
Total Petty Cash: $77.00
TOTAL $ 552,625.97
NOTES:Note 1 - City Councilmembers are eligible to receive either a salary or vehicle reimbursement allowance in the amount of $300 per month ($3,600 per year). Suchcompensation is included in the City's regular payroll (see "ADP Payroll Services" under "Automatic Bank Debits"), unless waived by the Councilmember. For the month of May 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 - The table below summarizes credit card expenditures paid via Check #6670 to U.S. Bank totaling $1,804.31:
Microsoft Office 365 Subscription $324.00
Adobe Computer Software $143.94
Zoom Video Conferencing $63.96
Microsoft Office 365 Online Services $925.00
PremiumBeat.com Channel 3 Music License $149.25
ALDI Breakroom Supplies $33.13
USPS Postage $65.03
Eventbrite OCFA Best & Bravest Awards Dinner $100.00
Total Credit Card Reimbursement: $1,804.31
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: 2023.06.16 15:24:44 -07'00' This page is intentionally blank.
6.4 PLANNING SERVICES
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 6.4 – Attachment A
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
4LEAF, INC.
FOR PLANNING SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and 4LEAF, Inc. ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2028. Such term may be extended upon written agreement of both parties to this AGREEMENT.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This ITEM 6.4 – Attachment A
AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 6.4 – Attachment A
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 6.4 – Attachment A
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
ITEM 6.4 – Attachment A
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 6.4 – Attachment A
its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of ITEM 6.4 – Attachment A
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
ITEM 6.4 – Attachment A
SECTION 14. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
ITEM 6.4 – Attachment A
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: 4LEAF, Inc.
ATTN: President
ITEM 6.4 – Attachment A
5140 Birch Street, 2nd Floor
Newport Beach, CA 92660
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to ITEM 6.4 – Attachment A
which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
SECTION 31. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same agreement. The parties may also deliver executed copies of this AGREEMENT to each other by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this AGREEMENT. At the request of either party, the parties will confirm signatures by signing and delivering an original AGREEMENT. [SIGNATURES ON NEXT PAGE]
ITEM 6.4 – Attachment A
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Kevin J. Duggan, President
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 6.4 – Attachment A
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete planning services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
Planning Services
Area #1: Comprehensive planning services – including environmental planning services – related to CITY- or privately-initiated development applications or projects (e.g., conditional use permits, development agreements, general plan amendments, lot line adjustments, sign permits, sign programs, site development permits, special event permits, specific plans, subdivision maps, variances, zone changes, and zoning code amendments).
As requested by CITY, CONSULTANT shall provide a full spectrum of services necessary to process CITY- or privately-initiated development applications or projects [e.g., coordinating with CITY, applicants, and other parties; reviewing plans and other documents for consistency with applicable federal, state, and local laws, rules, regulations, and guidelines; preparing project correspondence, schedules, studies (including, but not limited to, biological, noise, traffic, and lighting analyses), reports, maps, exhibits, graphics, resolutions, ordinances, and California Environmental Quality Act (“CEQA”) documentation (including, but not limited to, notices of exemption, notices of intent to adopt, negative declarations, mitigated negative declarations, mitigation monitoring and reporting programs, and environmental impact reports); assisting with Native American tribal consultation processes; issuing project approvals, conditional approvals, and denials on behalf of CITY; making presentations to City Council of CITY, CITY committees, CITY staff, and other parties; and, facilitating, presenting at, and participating in meetings, workshops, and events].
CONSULTANT shall be available on short-term notice to provide comprehensive planning services on an as-needed, task order basis. When CITY receives an application for which services are required, CITY shall distribute the application materials and a scope of work to CONSULTANT. CONSULTANT shall begin work on each project within three (3) business days of receipt from CITY and comply with all applicable governmental processing time requirements, including, but not limited to, the California Permit Streamlining Act, as well as CITY standards as may change and be communicated to CONSULTANT from time-to-time.
Area #2: Staff augmentation services.
From time-to-time, CITY may have a need for staff augmentation services for its Planning & Environmental Services Department [e.g., to provide coverage during employee leaves, periods of unusual activity, or locally proclaimed emergencies; to assist with the administration and oversight of density bonus regulatory agreements with housing developments; to represent CITY Exhibit A – Page 1 of 2
ITEM 6.4 – Attachment A
on statewide, regional, or sub-regional planning projects and initiatives; to review materials associated with projects being considered by other jurisdictions (e.g., the California Department of Transportation (“Caltrans”), other cities, and the County of Orange) and prepare comments on behalf of CITY; and, for special, long-range, and advance planning-related projects including, but not limited to, drafting amendments to the Laguna Woods Municipal Code and assisting with the implementation, maintenance, and update of CITY’s General Plan, Climate Adaptation Plan, and Local Hazard Mitigation Plan. Duties may include services substantially similar to those set forth in Area #1, as well as any other duties commonly associated with entry- to managementlevel, municipal community development or planning departments.
CONSULTANT shall be available on short-term notice to provide staff augmentation services on an as-needed, task order basis. When CITY identifies a need for services, CITY shall coordinate with CONSULTANT to identify the appropriate personnel type and amount of time necessary to provide the required level of coverage. CONSULTANT shall take all reasonable steps to provide the requested services in a timely manner.
Other Requirements (applies to all services)
CONSULTANT shall designate a primary point of contact to whom CITY shall distribute all service requests. CONSULTANT’s primary point of contact or a designated alternate point of contact shall be available to CITY by telephone at all times during regular business hours, Monday through Friday, 8 a.m. to 5 p.m., excluding federal holidays.
Exhibit A – Page 2 of 2
ITEM 6.4 – Attachment A
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated on an hourly basis using the following rates:
Table B-1: Compensation Schedule
CONSULTANT Personnel Regular Hourly Rate1
Principal-in-Charge $180
Housing Policy Director $220
Planning Director $210
Principal/Planning Manager $190
Senior Planner $165
Associate Planner $15
Assistant Planner $120
Planning Technician $95
1 CONSULTANT shall bill “Regular Hourly Rates” in 15-minute increments with no minimum or maximum number of hours. CONSULTANT shall not receive separate compensation for travel, lodging, mileage, telephone service, internet service, food, or drink. No single member of CONSULTANT’s personnel shall work more than eight hours in any single day for CITY unless authorized by CITY, in advance, at which point the hourly rates set forth in Table B-1 shall be multiplied by (i) 1.5 for time worked in excess of eight hours on any non-federal holiday or (ii) 3 for time worked in excess of eight hours on any federal holiday.
The hourly rates set forth in Table B-1 are all inclusive, with the exception of reproduction; oversized and specialty printing; courier/mailing services; and, special, non-routine expenses, all of which must be authorized by CITY, in advance, and may only be charged to CITY at cost (as evidenced by receipts).
The hourly rates set forth in Table B-1 shall increase by 3% on July 1 of each year of the term of this AGREEMENT, beginning on July 1, 2024.
CONSULTANT shall provide all services under this AGREEMENT only as requested by CITY.
This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation.
Exhibit B – Page 1 of 1
ITEM 6.4 – Attachment A
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
(5) Professional liability insurance.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $5,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Exhibit C – Page 1 of 3
ITEM 6.4 – Attachment A
(4) Professional Liability: $1,000,000 per claim and no less than $1,00,000 general aggregate.
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage Exhibit C – Page 2 of 3
ITEM 6.4 – Attachment A
required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
ITEM 6.4 – Attachment B
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
LSA ASSOCIATES, INC.
FOR PLANNING SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and LSA Associates, Inc. ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2028. Such term may be extended upon written agreement of both parties to this AGREEMENT.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This ITEM 6.4 – Attachment B
AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 6.4 – Attachment B
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 6.4 – Attachment B
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
ITEM 6.4 – Attachment B
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 6.4 – Attachment B
its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of ITEM 6.4 – Attachment B
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
ITEM 6.4 – Attachment B
SECTION 14. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
ITEM 6.4 – Attachment B
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: LSA Associates, Inc.
ATTN: Chief Executive Officer
ITEM 6.4 – Attachment B
3210 El Camino Real, Suite 100
Irvine, CA 92602
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to ITEM 6.4 – Attachment B
which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
SECTION 31. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same agreement. The parties may also deliver executed copies of this AGREEMENT to each other by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this AGREEMENT. At the request of either party, the parties will confirm signatures by signing and delivering an original AGREEMENT. [SIGNATURES ON NEXT PAGE]
ITEM 6.4 – Attachment B
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Anthony Petros, Chief Executive Officer
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 6.4 – Attachment B
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete planning services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
Planning Services
Area #1 and Area #2 intentionally omitted.
Area #3: CEQA services related to CITY- or privately-initiated development applications or projects (e.g., conditional use permits, development agreements, general plan amendments, lot line adjustments, sign permits, sign programs, site development permits, special event permits, specific plans, subdivision maps, variances, zone changes, and zoning code amendments).
As requested by CITY, CONSULTANT shall provide a full spectrum of services necessary to prepare and review CEQA documentation (including, but not limited to, notices of exemption, notices of intent to adopt, negative declarations, mitigated negative declarations, mitigation monitoring and reporting programs, and environmental impact reports) related to CITY- or privately-initiated development applications or projects. “Services” shall be broadly construed to also include any of the following services when implicated by and/or advantageous to CEQA work: preparing project correspondence, schedules, studies (including, but not limited to, biological, noise, traffic, and lighting analyses), reports, maps, exhibits, graphics, resolutions, and ordinances; assisting with Native American tribal consultation processes; making presentations to the City Council of CITY, CITY committees, CITY staff, and other parties; and, facilitating, presenting at, and participating in meetings, workshops, and events.
CONSULTANT shall be available on short-term notice to provide CEQA services on an asneeded, task order basis. When CITY identifies a need for services, CITY shall coordinate with CONSULTANT to identify the appropriate personnel type and amount of time necessary to provide the required level of coverage. CONSULTANT shall take all reasonable steps to provide the requested services in a timely manner.
Area #4: CEQA review services.
From time-to-time, CITY may have a need for CONSULTANT to review CEQA materials associated with projects being considered by other jurisdictions (e.g., Caltrans, other cities, and the County of Orange) and prepare comments on behalf of CITY CONSULTANT shall be available on short-term notice to provide CEQA review services on an as-needed, task order basis. When CITY identifies a need for services, CITY shall coordinate with CONSULTANT to identify the appropriate personnel type and amount of time necessary to Exhibit A – Page 1 of 2
ITEM 6.4 – Attachment B
provide the required level of coverage. CONSULTANT shall take all reasonable steps to provide the requested services in a timely manner.
Other Requirements (applies to all services)
CONSULTANT shall designate a primary point of contact to whom CITY shall distribute all service requests. CONSULTANT’s primary point of contact or a designated alternate point of contact shall be available to CITY by telephone at all times during regular business hours, Monday through Friday, 8 a.m. to 5 p.m., excluding federal holidays.
Exhibit A – Page 2 of 2
ITEM 6.4 – Attachment B
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated using the rates set forth in tables B-1 and B-2.
Table B-1: Compensation Schedule – Hourly
Job Classification
Hourly Rate
Range1,2 Planning Environmental Transportation Air/Noise Cultural/
Paleontological
Resources
Biology GIS
Principal Principal Principal Principal Principal Principal Principal $189–420 Associate Associate Associate Associate Associate Associate Associate $137–263 Senior
Planner
Senior
Environmental
Planner
Senior
Transportation
Planner/Engineer
Senior Air
Quality/Noise
Specialist
Senior Cultural
Resources Manager/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Senior GIS
Specialist
$121–210
Planner Environmental
Planner
Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Cultural Resources
Manager
Archaeologist/
Architectural
Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil
Scientist/
Herpetologist/
Arborist
GIS
Specialist
$89–173
Assistant
Planner
Assistant
Environmental
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Cultural Resources
Analyst
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Assistant
GIS
Specialist
$89–131
Field Services
Senior Field Crew/Field Crew $89–110
Office Services
Graphics $131–158
Marketing $121–205
Office Assistant $89–142
Project Assistant $110-142
Research Assistant/Intern $79
Word Processing/Technical Editing $110–137 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) shall be billed at $400 per hour regardless of job classifications. 2 Hourly rates are not subject to minimums or maximums.
The hourly rate ranges set forth in Table B-1 shall increase by 4% on July 1 of each year of the term of this AGREEMENT, beginning on July 1, 2024.
Table B-2: Compensation Schedule – Direct
Description Unit Cost1 Description Unit Cost1
Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3.75 per sq ft Boat Rental $125.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day GPS Unit $75.00 per day Night Vision Goggles $50.00 per unit per night Mileage is not a reimbursable cost. Wildlife Camera $25.00 per day 1 Direct costs shall be reimbursed at cost plus 10%.
Exhibit B – Page 1 of 2
ITEM 6.4 – Attachment B
CONSULTANT shall provide all services under this AGREEMENT only as requested by CITY.
This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation.
Exhibit B – Page 2 of 2
ITEM 6.4 – Attachment B
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
(5) Professional liability insurance.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $5,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Exhibit C – Page 1 of 3
ITEM 6.4 – Attachment B
(4) Professional Liability: $1,000,000 per claim and no less than $1,00,000 general aggregate.
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage Exhibit C – Page 2 of 3
ITEM 6.4 – Attachment B
required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
This page is intentionally blank.
6.5 SENIOR MOBILITY PROGRAM
TRANSPORTATION SERVICES
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 6.5
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
CABCO YELLOW, INC. DBA CALIFORNIA YELLOW CAB
FOR SENIOR MOBILITY PROGRAM TRANSPORTATION SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and Cabco Yellow, Inc. doing business as California Yellow Cab ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on July 1, 2023 and ending at 11:59 p.m. on June 30, 2026. Such term may be extended upon written agreement of both parties to this AGREEMENT through a maximum of 11:59 p.m. on June 30, 2027.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This ITEM 6.5
AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 6.5
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 6.5
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) Intentionally blank.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this ITEM 6.5
AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
ITEM 6.5
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, ITEM 6.5
officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
SECTION 14. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of ITEM 6.5
this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all ITEM 6.5
property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: California Yellow Cab
ATTN: President
520 West Dyer Road
ITEM 6.5
Santa Ana, CA 92707
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to ITEM 6.5
which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
SECTION 31. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same agreement. The parties may also deliver executed copies of this AGREEMENT to each other by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this AGREEMENT. At the request of either party, the parties will confirm signatures by signing and delivering an original AGREEMENT. [SIGNATURES ON NEXT PAGE]
ITEM 6.5
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Tim Conlon, President
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 6.5
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete senior mobility program transportation services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
CITY’s Senior Mobility Program (“SMP”) subsidizes the cost of taxi travel for Laguna Woods residents who are at least 60 years of age. The SMP promotes lifelong mobility through the provision of affordable, senior-oriented transportation services.
The SMP generally operates as follows:
• Residents enroll in the SMP program at City Hall (process handled by CITY staff). CITY issues each enrolled resident an SMP identification card. • Enrolled residents arrange trips directly with CONSULTANT. Trips may be provided to or from any address in Laguna Woods, CA 92637 to or from any destination in Orange County, CA (including John Wayne Airport) or VA Long Beach. CITY reserves the right to limit or restrict destinations at its sole discretion. • Enrolled residents show their SMP identification cards to CONSULTANT’s drivers at the start of each trip. CONSULTANT’s drivers confirm that the names and photographs on the SMP identification cards match the enrolled residents. • Upon arriving at their destinations, enrolled residents pay a “co-pay” established by CITY to CONSULTANT’s driver. CITY is invoiced by CONSULTANT for the balance of the trip (price less enrolled resident co-pay) on a monthly basis.
GENERAL REQUIREMENTS
The following shall apply to all SMP transportation services:
1. CONSULTANT shall maintain a fleet of at least 50 individual vehicles and 50 individual drivers, each capable of being placed into service concurrently, and at least five of which shall be vans equipped with wheelchair lifts that are capable of transporting four or more passengers. Demand for the SMP may change over time and the CONSULTANT shall be required to meet such demand without interruption. This minimum fleet and driver size requirement is meant to provide reasonable assurance that CONSULTANT is able to manage a larger operation and also possesses accessibility-minded vehicles.
2. CONSULTANT shall provide SMP transportation services 24-hours per day, seven-day per week, without exception (all holidays are included).
Exhibit A – Page 1 of 4
ITEM 6.5
3. CONSULTANT shall provide a 24-hour, seven-day per week call center available by calling a toll-free telephone number. Only one call center shall be provided except in the case of call center interruption or emergency. CONSULTANT shall not routinely “rollover” or link multiple call centers.
4. CONSULTANT shall utilize a two-way radio (or equivalent) voice dispatching system that allows for rapid voice communication to and from CONSULTANT’s call center and individual vehicles. This system may be supplemented with, but not replaced by, databased systems.
5. CONSULTANT’s drivers shall pick up each enrolled resident within 45 minutes of the call center receiving such a request (this requirement pertains to the time that a request is received and not the time that a request is dispatched to drivers). Up to two guests may ride with an enrolled resident at no additional charge when picked up with an enrolled resident. At least one enrolled resident must be a passenger on each trip.
6. CONSULTANT’s drivers shall assist any enrolled resident or guest who requests assistance entering or exiting the vehicle. This may include, but is not limited to, assisting with wheelchairs, walkers, canes, and other mobility or medical assistive devices.
7. CONSULTANT shall not comingle routes. Only the enrolled resident who is scheduled to travel and their guests shall occupy a single vehicle. CONSULTANT’s drivers shall not transport persons other than the enrolled resident who is scheduled to travel and their guests, nor make any unrequested stops.
8. Every vehicle used by CONSULTANT shall have a taxi meter with a current approval and inspection by the California Department of Weights and Measures.
9. No form of tip or other gratuity shall be required as a condition of transportation. CITY shall not discourage enrolled residents from offering tips at their sole personal discretion.
10. CONSULTANT’s vehicles shall be generally uniform in appearance and bear its name and logo in a prominent location on all sides thereof.
11. CONSULTANT’s vehicles shall be cleaned daily prior to each vehicle service day and shall be kept clean throughout the day. Vehicle exteriors shall be washed not less than once per week, and after any rain or other circumstances that compromise the vehicle’s clean appearance. Floors shall be free of paper or other debris and gum or other wet or sticky substances. Windows shall be free of dirt, dust, smudges, hands and fingerprints, on both the exterior and interior. Dashboards, rails and ledges shall be kept clean and free of dirt and grease. Seating areas shall be kept clean and in good repair with attention paid to cleaning upholstery on a regular basis, except for wet or sticky spills, which shall be cleaned immediately. Wheelchair lifts (if applicable) shall be kept clean and in good repair. CITY reserves the right to, at its sole discretion, require CONSULTANT to remove from service under this AGREEMENT any vehicle that does not meet its Exhibit A – Page 2 of 4
ITEM 6.5
standards.
12. CONSULTANT shall designate a single, primary point-of-contact for CITY to forward complaints to. That person, or his/her/their designee whose contact information shall be provided to CITY, in writing, in advance of assuming the primary point-of-contact role, shall be available by telephone or email 24-hours, seven days per week, and shall also be available for in-person meetings in the city of Laguna Woods with 12 hours’ notice. a. Within 24 hours of each forwarded complaint, CONSULTANT’s primary point-ofcontact shall contact the complainant to resolve the problem. Within 48 hours of each forwarded complaint, CONSULTANT’s primary point-of-contact shall provide CITY with a written summary of the complaint and steps taken to resolve it. CONSULTANT shall continue to generate such documentation until the complaint is resolved to the satisfaction of CITY. CITY reserves the right to, at its sole discretion, require CONSULTANT to remove from service under this AGREEMENT any driver or vehicle due to a complaint or the finding of subsequent investigation and resolution.
13. CONSULTANT’s invoices shall be submitted to CITY on a monthly basis in form sufficient to CITY, together with any additional or supplementary information that CITY may require. Invoicing requirements may change from time-to-time, at CITY’s sole discretion.
14. CONSULTANT shall maintain records of each trip and provide the same to CITY upon request. At a minimum, CONSULTANT must document the name of the enrolled resident who requested pick-up, his/her/their telephone number, the pick-up and drop-off addresses, the date and time that the request was received by CONSULTANT’s call center, the time that the request was dispatched by CONSULTANT to its drivers, the name of the driver who provided service, the time pick-up and drop-off occurred, and the amount of the enrolled resident co-pay collected by their drivers. Recordkeeping requirements may change from time-to-time, at CITY’s sole discretion.
15. CONSULTANT shall report to CITY, in writing, any out of the ordinary incident that occurs during trips, inclusive of arrival, passenger entrance and exit, and transportation (e.g., disputes between drivers and passengers, disputes between passengers, failure of passengers to provide valid identification, and passenger misconduct). Such reports shall be submitted to CITY no later than 48 hours following each incident. At a minimum, such report shall include a summary of the incident and trip information (see number 14 above). CITY reserves the right to require additional reporting at its sole discretion.
16. CONSULTANT shall report to CITY, in writing, any incident involving passenger injury or vehicle damage that occurs during trips, inclusive of arrival, passenger entrance and exit, and transportation. Such report shall be submitted to CITY immediately and, in no case, later than 24 hours following the incident. At a minimum, such report shall include a summary of the incident and trip information (see number 14 above). CITY reserves the Exhibit A – Page 3 of 4
ITEM 6.5
right to require additional reporting at its sole discretion.
17. CONSULTANT’s drivers shall require one passenger to present a valid CITY-issued SMP identification card for the purpose of confirming that individual’s enrollment in the SMP (by name and photograph). No transportation shall be provided without one passenger being an enrolled resident possessing a valid SMP identification card.
18. CONSULTANT’s drivers shall collect the trip co-pay amount established by CITY from one enrolled resident with an SMP identification card upon arriving at the destination.
CITY may change trip co-pays with a minimum of 30 days’ notice to CONSULTANT, at CITY’s sole discretion. At a minimum, payments shall be accepted by cash or credit.
19. If CONSULTANT’s drivers collect the incorrect amount of any enrolled resident co-pay, and the amount collected is less than the amount set forth in Table B-1 of EXHIBIT “B” of this AGREEMENT, CONSULTANT shall forfeit the uncollected amount. If CONSULTANT collects the incorrect amount of any enrolled resident co-pay, and the amount collected is greater than the amount set forth in Table B-1 of EXHIBIT “B” of this AGREEMENT, CONSULTANT shall refund the over collected amount to the enrolled resident within 10 business days of becoming so aware.
20. CONSULTANT shall provide all services under this AGREEMENT on an as-needed basis. This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation. CITY relies on third-party funding to support the SMP and reserves the right and sole discretion to change, modify, or cancel the SMP at any point with or without notice to CONSULTANT.
LIQUIDATED DAMAGES
The following shall apply to all SMP transportation services:
Without prejudice to CITY’s right to treat such breaches as an event of default, CONSULTANT shall pay to CITY liquidated damages (as liquidated damages and not as a penalty) in the amounts set forth below for each type of action warranting such damages:
• For each failure of a driver to collect the correct enrolled resident co-pay amount established by CITY: $25.00 per occurrence.
• For each failure of a driver to arrive for a pick-up within 45 minutes of CONSULTANT’s call center receiving a request (see number 5 above): 150% of the fare. • For each failure to process complaints as required herein: $100.00. • Any report shall be considered late until such time as the correct and complete report (see numbers 12(a), 13, 14, 15, and 16 above) is received by CITY. For each calendar day a report is late, the liquidated damage amount shall be: $100.00 per day.
Exhibit A – Page 4 of 4
ITEM 6.5
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated using the following rates:
Table B-1: Compensation Schedule
A B C D
Destination1 Enrolled Resident CoPay
(collected by
CONSULTANT’s
driver upon arriving
at the destination)
2 CITY Charge
(invoiced by
CONSULTANT on a
monthly basis)
Total Amount Paid to
CONSULTANT
(Columns B + C)
Trips to or from Laguna Woods
City Hall (24264 El Toro Road,
Laguna Woods, CA 92637)
$0.00 $18.50 $18.50
Trips to or from Irvine Station
(15215 Barranca Parkway, Irvine,
CA 92618)
$0.00 $18.50 $18.5
Trips up to 10 miles within Orange
County (one-way) $5.00 $22.50 $27.50
Trips over 10 miles within Orange
County (one-way) $10.00
If trip is 20 miles or
less, $42.00
If trip is over 20 miles,
$3.00 per mile less the
Resident Co-Pay
If trip is 20 miles or
less, $52.00
If trip is over 20 miles,
$3.00 per mile
Trips to or from VA Long Beach
(5901 East Seventh Street, Long
Beach, CA 90822)
$15.00 $75.00 $90.00
Trips to or from John Wayne
Airport (18601 Airport Way, Santa
Ana, CA 92707)
$25.00
If trip is 10 miles or
less, $2.50
If trip is over 10 miles,
$27.00
If trip is 10 miles or
less, $27.50
If trip is over 10 miles,
$52.00 1 All trips must start or end in Laguna Woods, CA 92637. 2 CITY may change trip co-pays with a minimum of 30 days’ notice to CONSULTANT, at CITY’s sole discretion.
City Manager of CITY is authorized to make such changes on behalf of CITY.
The rates set forth in Table B-1 are all inclusive. CONSULTANT shall not receive additional or supplemental compensation.
CITY shall not be liable for any failure of CONSULTANT’s drivers to collect current amount of the Enrolled Resident Co-Pay identified in Table B-1.
CONSULTANT shall provide all services under this AGREEMENT on an as-needed basis. This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation.
Exhibit B – Page 1 of 1
ITEM 6.5
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
Exhibit C – Page 1 of 3
ITEM 6.5
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
Exhibit C – Page 2 of 3
ITEM 6.5
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
6.6 WATER QUALITY (STORMWATER) SERVICES
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 6.6
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
JOHN L. HUNTER AND ASSOCIATES, INC.
FOR WATER QUALITY (STORMWATER) SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and John L. Hunter and Associates, Inc. ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on August 1, 2023 and ending at 11:59 p.m. on June 30, 2026. Such term may be extended upon written agreement of both parties to this AGREEMENT.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This ITEM 6.6
AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 6.6
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 6.6
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
ITEM 6.6
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 6.6
its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of ITEM 6.6
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
ITEM 6.6
SECTION 14. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
ITEM 6.6
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: John L. Hunter and Associates, Inc.
ATTN: Project Manager
ITEM 6.6
6131 Orangethorpe Ave, Suite 300
Buena Park, CA 90620
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled ITEM 6.6
to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
SECTION 31. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same agreement. The parties may also deliver executed copies of this AGREEMENT to each other by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this AGREEMENT. At the request of either party, the parties will confirm signatures by signing and delivering an original AGREEMENT. [SIGNATURES ON NEXT PAGE]
ITEM 6.6
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Jillian Brickey, Secretary
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 6.6
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete water quality (stormwater) services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
All services provided by CONSULTANT shall be conducted in accordance with the requirements of applicable National Pollutant Discharge Elimination System (“NPDES”) permits, which vary by location due to the Santa Ana and San Diego regional water quality control boards each having jurisdiction over portions of the city of Laguna Woods, as well as Chapter 4.14 of the Laguna Woods Municipal Code and CITY’s Local Implementation Plan (“LIP”), as may change from time-to-time.
Water Quality Inspections
Annual. CONSULTANT shall conduct routine inspections of commercial facilities and Water Quality Management Plan (“WQMP”) structural Best Management Practices (“BMPs”) located within the city of Laguna Woods, as requested by CITY. On or before July 15 of each year, CITY shall provide CONSULTANT with a list of required annual inspections (if any).
CONSULTANT shall independently schedule and complete all required inspections between the date provided and September 30 of each year, except as may not be possible due to scheduling constraints of the facilities. To the extent that follow-up inspections are required, CONSULTANT shall notify CITY. CITY may request that CONSULTANT schedule and conduct follow-up inspections on schedules mutually agreed thereto.
Other As-Needed. CONSULTANT shall conduct as-needed routine or additional inspections of commercial facilities and WQMP structural BMPs located within the city of Laguna Woods, as requested by CITY. To the extent that follow-up inspections are required, CONSULTANT shall notify CITY. CITY may request that CONSULTANT schedule and conduct follow-up inspections on schedules mutually agreed thereto.
General Requirements.
• CONSULTANT shall complete a CITY-provided inspection form during each inspection and submit an electronic copy of the same to CITY, along with any photographs and supporting documentation, within five (5) business days of each inspection. • While CONSULTANT shall conduct inspections, note observations and findings, and provide verbal or written warnings to property owners, tenants, and other responsible parties, all other enforcement action shall be taken by CITY. CONSULTANT shall advise CITY on the nature of, and corrective action required for, violations that it identifies. CONSULTANT shall also participate in associated code enforcement and Exhibit A – Page 1 of 2
ITEM 6.6
legal processes (e.g., providing declarations and testimony) as requested by CITY.
WQMP Review and Approval
CONSULTANT shall review and approve WQMPs for public and private projects, on behalf of CITY, as requested by CITY.
Other Services
CONSULTANT shall provide additional services related to water quality inspections and WQMP review and approval, as requested by CITY (e.g., assistance with public education and assistance with reporting to regional water quality control boards).
Exhibit A – Page 2 of 2
ITEM 6.6
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated on an hourly basis using the following rates:
Table B-1: Compensation Schedule
CONSULTANT Personnel Regular Hourly Rate1
Principal $220
Director $195
Program Manager $195
Staff Engineer $195
Project Manager $185
Assistant Project Manager $165
Project Engineer $165
Senior Compliance Specialist $145
Compliance Specialist II $135
Project Analyst II $135
Compliance Specialist I $125
Project Analyst I $125
Administrative Assistant, Laborer $85
State Certified Laboratory Analysis Cost (as evidenced by receipts) + 5% Legal Consultation, Court
Appearances/Document Review $290
Subcontracted Equipment Cost (as evidenced by receipts) + 5% 1 CONSULTANT shall bill “Regular Hourly Rates” in 15-minute increments with no minimum or maximum number of hours. CONSULTANT shall not receive separate compensation for travel, lodging, mileage, telephone service, internet service, food, or drink.
The hourly rates set forth in Table B-1 are all inclusive, with the exception of reproduction; oversized and specialty printing; courier/mailing services; and, special, non-routine expenses, all of which must be authorized by CITY, in advance, and may only be charged to CITY at cost (as evidenced by receipts) plus 5%.
CONSULTANT shall provide all services under this AGREEMENT only as requested by CITY.
This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation.
Exhibit B – Page 1 of 1
ITEM 6.6
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
(5) Professional liability insurance.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 per occurrence for all covered losses and no less than $1,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Exhibit C – Page 1 of 3
ITEM 6.6
(4) Professional Liability: $1,000,000 per claim and no less than $1,00,000 general aggregate.
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage Exhibit C – Page 2 of 3
ITEM 6.6
required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
7.1 CONDITIONAL USE PERMIT CUP-2023-0002
TO ALLOW FOR THE ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE
WITHIN AN EXISTING 3,272 SQUARE FOOT
UNIT IN AN EXISTING BUILDING, AT 24310
MOULTON PARKWAY, SUITE C-2, LAGUNA
WOODS, CA 92637
This page is intentionally blank.
ITEM 7.1
CC 06-21-2023 RM ITEM 7.1 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: June 21, 2023 Regular Meeting
SUBJECT: Conditional Use Permit CUP-2023-0002 to allow for the establishment of an administrative/professional office within an existing 3,272 square foot unit in an existing building, at 24310 Moulton Parkway, Suite C-2, Laguna Woods, CA 92637
Recommendation
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
CUP-2023-0002 TO ALLOW FOR THE ESTABLISHMENT OF AN
ITEM 7.1
ITEM 7.1 – AR Page 2 of 4 CC 06-21-2023 RM
ADMINISTRATIVE/PROFESSIONAL OFFICE WITHIN AN EXISTING
3,272 SQUARE FOOT UNIT IN AN EXISTING BUILDING, AT 24310 MOULTON PARKWAY, SUITE C-2, LAGUNA WOODS, CA 92637,
AND DETERMINING AND CERTIFYING THAT THE CONDITIONAL
USE PERMIT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15301 OF TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS
Overview
Denice Godinez, One Nine Architecture (“Applicant”), on behalf of Alignment Healthcare, has submitted a land use application seeking approval of Conditional Use Permit CUP-2023-0002, to establish an administrative/professional office within an existing 3,272 square foot unit in an existing building at 24310 Moulton Parkway, Suite C-2, Laguna Woods, CA 92637.
The project location is south of El Toro Road and east of Moulton Parkway in the Willow Tree Center.
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 /
Residential Community
Willow Tree Center /
Laguna Woods Village residences
South Commercial /
Community Facilities /
Open Space
Willow Tree Center /
Laguna Country United Methodist Church /
Laguna Woods Village open space/trails
East Residential Community Laguna Woods Village residences West Commercial /
Open Space
Retail businesses and offices /
Via Campo Verde
The project location is within the Community Commercial (CC) zoning district.
Community Commercial designates areas to “provide for the development and preservation of high intensity commercial uses which serve the local community ITEM 7.1
CC 06-21-2023 RM ITEM 7.1 – AR Page 3 of 4
and regional area and are compatible with surrounding residential uses” (Laguna Woods Municipal Code Section 13.10.010).
Laguna Woods Municipal Code Section 13.10.020 requires the issuance of a conditional use permit prior to the establishment of certain uses, including administrative/professional offices with a gross floor area of more than 3,000 square feet in the Community Commercial (CC) zoning district.
Discussion
The City Council is asked to conduct a public hearing on the application for Conditional Use Permit CUP-2023-0002 and, thereafter, consider approval of the same (Attachment A). Staff recommends approval, subject to proposed conditions of approval (Exhibit A to Attachment A). The proposed conditions of approval would regulate the use in manners consistent with the purpose and intent of Laguna Woods Municipal Code Chapter 13.10 (Commercial Districts).
Conditional Use Permit CUP-2023-0002 would apply to the Applicant’s proposed use of the unit (Alignment Healthcare, an administrative/professional office that can be permitted with an approved conditional use permit per the Laguna Woods Municipal Code), as well as eligible successors, at the project location.
According to the Applicant, Alignment Healthcare would offer health insurance coverage and be open to both existing and prospective health insurance members.
The administrative/professional office would be used for product presentations and to meet with existing and prospective members.
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 15301 of Title 14 of the California Code of Regulations, in that it consists of the permitting and minor alteration of existing private structures and facilities, involving negligible or no expansion of existing or former use. The project specifically involves the occupancy and associated tenant improvements (e.g., alterations involving such things as interior partitions, plumbing, and electrical conveyances) of an existing unit in an existing commercial structure in an existing commercial center. Administrative/professional offices are commercial uses and the unit, while presently vacant, was formerly occupied by other commercial uses. The project ITEM 7.1
ITEM 7.1 – AR Page 4 of 4 CC 06-21-2023 RM
does not include any increase in the floor area of the existing commercial structure.
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
B – Vicinity Map
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 CONDITIONAL USE PERMIT
CUP-2023-0002 TO ALLOW FOR THE ESTABLISHMENT OF AN
ADMINISTRATIVE/PROFESSIONAL OFFICE WITHIN AN EXISTING
3,272 SQUARE FOOT UNIT IN AN EXISTING BUILDING, AT 24310 MOULTON PARKWAY, SUITE C-2, LAGUNA WOODS, CA 92637,
AND DETERMINING AND CERTIFYING THAT THE CONDITIONAL
USE PERMIT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15301 OF TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS
WHEREAS, Denice Godinez, One Nine Architecture (“Applicant”) submitted an application for Conditional Use Permit CUP-2023-0002 to establish an administrative/professional office within an existing 3,272 square foot unit in an existing building at 24310 Moulton Parkway, Suite C-2, Laguna Woods, CA 92637 in the Community Commercial (CC) zoning district; and WHEREAS, on June 21, 2023, the City Council of the City of Laguna Woods, after giving notice thereof as required by law, held a public hearing regarding Conditional Use Permit CUP-2023-0002; and
WHEREAS, the City Council has carefully considered all pertinent testimony, as well as all information contained in the agenda report prepared for Conditional Use Permit CUP-2023-0002, 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, Conditional Use Permit CUP2023-0002 has been determined to be categorically exempt pursuant to Section 15301 (Existing Facilities) 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:
ITEM 7.1 – Attachment A
R 23-XX 2 XX-XX-2023
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 unit. 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.
Administrative/Professional offices with a gross floor area of up to 3,000 square feet are permitted as a principal use in the Community Commercial (CC) zoning district. Administrative/Professional offices with a gross floor area of more 3,000 square feet – such as the proposed project – require a conditional use permit in the Community Commercial (CC) zoning district.
The proposed use is also consistent with the purpose and intent of the Community Commercial (CC) zoning district, which is “to provide for the development and preservation of high intensity commercial uses which serve the local community and regional area and are compatible with surrounding residential uses.” 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.
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 ITEM 7.1 – Attachment A
R 23-XX 3 XX-XX-2023
exempt from CEQA pursuant to Section 15301 (Existing Facilities) 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 would be established in an existing unit in an existing commercial structure in an existing commercial center. Administrative/professional offices are commercial uses and the unit, while presently vacant, was formerly occupied by other commercial uses.
Ingress and egress to the project location are provided via existing driveway along El Toro Road and Moulton Parkway, none of which would be modified as a result of the project. Sufficient parking to accommodate the proposed administrative/professional office is provided within the existing commercial center to comply with 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 #4 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 #9 requires equipment and supply deliveries to be scheduled to occur during off-peak hours of operation, to minimize on-site traffic and parking impacts.
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 ITEM 7.1 – Attachment A
R 23-XX 4 XX-XX-2023
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.
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 15301 of Title 14 of the California Code of Regulations, in that it consists of the permitting and minor alteration of existing private structures and facilities, involving negligible or no expansion of existing or former use. The project specifically involves the occupancy and associated tenant improvements (e.g., alterations involving such things as interior partitions, plumbing, and electrical conveyances) of an existing unit in an existing commercial structure in an existing commercial center. Administrative/professional offices are commercial uses and the unit, while presently vacant, was formerly occupied by other commercial uses. The project does not include any increase in the floor area of the existing commercial structure.
SECTION 3. The City Council hereby approves Conditional Use Permit CUP-2023-0002, 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 5 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:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
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ITEM 7.1 – Exhibit A to Attachment A
CUP-2023-0002 Conditions of Approval | Page 1 of 5
Exhibit A to Resolution No. 23-XX
City of Laguna Woods
Conditions of Approval for Conditional Use Permit CUP-2023-0002
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. This approval is for the establishment of an administrative/professional office within an existing 3,272 square foot unit in an existing building, at 24310 Moulton Parkway, Suite C-2, Laguna Woods, CA 92637. Any proposed expansion of square footage within the existing building shall require City approval of an amendment of this conditional use permit.
3. The Applicant(s)/Owner(s) shall comply with all of the conditions of approval as part of Conditional Use Permit CUP-2023-0002 (“conditional use permit”).
Failure to comply with any one or more of the conditions imposed herein constitute grounds for revocation of said conditional use permit by the City Council.
4. 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.
5. 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 ITEM 7.1 – Exhibit A to Attachment A
CUP-2023-0002 Conditions of Approval | Page 2 of 5
in the future, will or will not be approved by the City.
6. 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.
7. 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.
8. The interior floor plans submitted for this conditional use 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.
9. Equipment and supply deliveries shall be scheduled to occur during off-peak hours of operation, to minimize on-site traffic and parking impacts.
10. Graffiti on the property shall be removed at the Applicant(s)’/Owner(s)’ expense within 24 hours.
11. 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.
12. 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.
13. In accordance with policies adopted by the City, the Applicant(s)/Owner(s) ITEM 7.1 – Exhibit A to Attachment A
CUP-2023-0002 Conditions of Approval | Page 3 of 5
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.
14. 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.
15. 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.
16. 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.
17. Termination:
Upon approval, this conditional use permit 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 ITEM 7.1 – Exhibit A to Attachment A
CUP-2023-0002 Conditions of Approval | Page 4 of 5
termination to the City Council.
This conditional use permit 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.
18. The Applicant(s)/Owner(s), or successor in interest, shall as a condition of issuance of this approval, at its sole expense, defend, indemnify, and hold harmless the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers from any claim, action, or proceeding against the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers to attach, set aside, void or annul an approval of the City Council or other decision-making body, or staff action concerning this conditional use 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.
19. 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 Conditional Use Permit CUP-2023-0002” 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.
[SIGNATURES ON NEXT PAGE]
ITEM 7.1 – Exhibit A to Attachment A
CUP-2023-0002 Conditions of Approval | Page 5 of 5
OWNER(S) ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT CUP-2023-0002 (“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 Conditional Use Permit CUP-2023-0002 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 Conditional Use Permit CUP-2023-0002, which “run with the land.” References to “Applicant(s)/Owner(s)” in the Conditions of Approval for Conditional Use Permit CUP-2023-0002 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 Conditional Use Permit CUP-2023-0002, 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 – Raintree Realty LLC
Signature: Date:
Full Name: Title:
SIGNATURE MUST BE NOTARIZED; ATTACH ACKNOWLEDGEMENT.
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ITEM 7.1 – Attachment B
Vicinity Map
24310 Moulton Parkway, Suite C-2, Laguna Woods, CA 92637 Project Area
24310
Moulton Parkway
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7.2 SIGN PROGRAM SP-2023-0003 TO ALLOW
FOR VARIOUS SIGNAGE AT 23562 MOULTON
PARKWAY, LAGUNA WOODS, CA 92637
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ITEM 7.2
CC 06-21-2023 RM ITEM 7.2 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: June 21, 2023 Regular Meeting
SUBJECT: Sign Program SP-2023-0003 to allow for various signage at 23562 Moulton Parkway, Laguna Woods, CA 92637
Recommendation
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, APPROVING SIGN PROGRAM SP-2023-0003
TO ALLOW FOR VARIOUS SIGNAGE AT 23562 MOULTON
PARKWAY, LAGUNA WOODS, CA 92637, AND DETERMINING AND
CERTIFYING THAT THE SIGN PROGRAM IS CATEGORICALLY
ITEM 7.2
ITEM 7.2 – AR Page 2 of 4 CC 06-21-2023 RM
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO SECTION 15311 OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS
Overview
Sign Industries, Inc. (“Applicant”), on behalf of Starbucks, has submitted a land use application seeking approval of Sign Program SP-2023-0003, to allow for various signage at 23562 Moulton Parkway, Laguna Woods, CA 92637.
The project location most recently operated as a Jack-in-the-Box (closed in March 2022) and is located at the southeast corner of the intersection of Moulton Parkway and Ridge Route Drive.
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 City of Laguna Hills Veeh Reservoir
South Commercial Plaza Laguna Woods (PS Business)
East Commercial Plaza Laguna Woods (PS Business)
West City of Laguna Hills Moulton Plaza
The project location is within the Community Commercial (CC) zoning district.
Community Commercial designates areas to “provide for the development and preservation of high intensity commercial uses which serve the local community and regional area and are compatible with surrounding residential uses” (Laguna Woods Municipal Code Section 13.10.010).
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.
ITEM 7.2
CC 06-21-2023 RM ITEM 7.2 – AR Page 3 of 4
Discussion
The City Council is asked to conduct a public hearing on the application for Sign Program SP-2023-0003 and, thereafter, consider approval of the same (Attachment A). Staff recommends approval of the sign program, subject to proposed conditions of approval (Exhibit A to Attachment A). The proposed conditions of approval would regulate the use and signage in manners consistent with the purpose and intent of Laguna Woods Municipal Code Chapters 13.20 (Sign Regulations).
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-2023-0003 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, two drive thru entrance directional signs, one drive thru thank you/exit directional sign, one drive thru exit only sign, one drive thru both lane open sign, two drive thru yield/merge signs, one t-shaped clearance bar, two pre-menu boards, two drive thru order screens with canopies, two five-panel menu boards, two mobile order parking 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 located in the same general location as the previous Jack-in-the-Box monument sign, but would be more rectangularly shaped with wood siding and aluminum trim that matches the building.
Sign Program SP-2023-0003 would apply to the Applicant’s proposed use of the property (Starbucks, a fast/fast casual food establishment that is permitted as a principal use by the Laguna Woods Municipal Code), as well as eligible successors, at the project location.
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 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.
ITEM 7.2
ITEM 7.2 – AR Page 4 of 4 CC 06-21-2023 RM
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-2023-0003
B – Vicinity Map
ITEM 7.2 – 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 SIGN PROGRAM SP-2023-0003
TO ALLOW FOR VARIOUS SIGNAGE AT 23562 MOULTON
PARKWAY, LAGUNA WOODS, CA 92637, AND DETERMINING AND
CERTIFYING THAT THE SIGN PROGRAM IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO SECTION 15311 OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS
WHEREAS, Sign Industries, Inc. (“Applicant”) submitted an application for Sign Program SP-2023-0003 to allow for various signage at 23562 Moulton Parkway, Laguna Woods, CA 92637 in the Community Commercial (CC) zoning district; and
WHEREAS, on June 21, 2023, the City Council of the City of Laguna Woods, after giving notice thereof as required by law, held a public hearing regarding Sign Program SP-2023-0003; and
WHEREAS, the City Council has carefully considered all pertinent testimony, as well as all information contained in the agenda report prepared for Sign Program SP-2023-0003, 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, Sign Program SP-2023-0003 has been determined to be categorically exempt pursuant to Section 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 Sign Programs
1. The proposed signs are well-designed, consistent with any design criteria ITEM 7.2 – Attachment A
R 23-XX 2 XX-XX-2023
otherwise applicable to the sign property, compatible with community character and harmonious with surrounding properties, buildings, and streetscapes.
The proposed signs would be aesthetically appealing, compatible, and harmonious with the signage on surrounding properties, buildings, and streetscapes. The proposed signs would not be of a type, nor would they include any of the features or characteristics, that would result in their being prohibited pursuant to Laguna Woods Municipal Code Section 13.20.130.
The proposed signs are similar in type as those commonly associated with commercial businesses and fast/fast casual food establishments elsewhere in Laguna Woods.
2. 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 promote local businesses and activities, as well as visibility and safe circulation on the project location and within the broader commercial center. The proposed signs would be clear and legible for the purposes for which they are intended. The proposed signs are similar in type and scale as those commonly associated with commercial businesses and fast/fast casual food establishments.
3. The proposed signs are appropriate to the type of business or activity to which they pertain.
The proposed signs included in this sign program would be appropriate in type, location, size/scale, and design to commercial businesses and fast/fast casual food establishments.
4. The proposed signs are displayed in a manner that does not harm public health, safety and welfare.
The proposed signs would not harm public health, safety, and welfare.
Several conditions of approval are included to address public health, safety, and welfare including, but not limited to, conditions of approval #3, #8, and #9. Condition of Approval #3 requires that the proposed 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, ITEM 7.2 – Attachment A
R 23-XX 3 XX-XX-2023
rules, and regulations...” Condition of Approval #8 includes provisions to ensure that the proposed signs do not, at any time, create an actual or reasonably foreseeable nuisance for properties located within line of sight, passing motorists, or any other party. Condition of Approval #9 requires that the proposed signs be kept “... in good structural and functional working order...” 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 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.
SECTION 3. The City Council hereby approves Sign Program SP-2023- 0003, subject to the conditions of approval attached to this resolution as Exhibit A, which are incorporated herein by this reference.
SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED on this XX day of XX 2023. _______________________________
CYNTHIA S. CONNERS, Mayor
ITEM 7.2 – Attachment A
R 23-XX 4 XX-XX-2023
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 7.2 – Exhibit A to Attachment A
SP-2023-0003 Conditions of Approval | Page 1 of 6
Exhibit A to Resolution No. 23-XX
City of Laguna Woods
Conditions of Approval for Sign Program SP-2023-0003
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 Sign Program SP-2023-0003. Failure to comply with any one or more of the conditions imposed herein constitute grounds for revocation of said 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.
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 ITEM 7.2 – Exhibit A to Attachment A
SP-2023-0003 Conditions of Approval | Page 2 of 6
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. 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.
8. 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.
9. All signs erected and maintained pursuant to the approved sign program shall be kept clean, complete, and in good structural and functional working order, and shall not be allowed to fall into a state of disrepair, damage, or decrepitude.
10. No sign shall flash, blink, rotate, engage in any motion, or emit any noise.
ITEM 7.2 – Exhibit A to Attachment A
SP-2023-0003 Conditions of Approval | Page 3 of 6
11. Graffiti on the property shall be removed at the Applicant(s)’/Owner(s)’ expense within 24 hours.
12. 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.
13. 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.
14. 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.
15. 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.
16. Any request to modify the conditions of approval contained herein shall ITEM 7.2 – Exhibit A to Attachment A
SP-2023-0003 Conditions of Approval | Page 4 of 6
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.
17. 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.
18. 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.
19. Termination:
Upon approval, this 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 sign program shall be deemed immediately terminated should the approved location be occupied by a use not in accord with this approval, ITEM 7.2 – Exhibit A to Attachment A
SP-2023-0003 Conditions of Approval | Page 5 of 6
subject to written notice to the Owner(s) with 10 calendar days to cure.
20. The Applicant(s)/Owner(s), or successor in interest, shall as a condition of issuance of this approval, at its sole expense, defend, indemnify, and hold harmless the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers from any claim, action, or proceeding against the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers to attach, set aside, void or annul an approval of the City Council or other decision-making body, or staff action concerning this sign program 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.
21. 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 Sign Program SP-2023-0003” and return one wetsigned original to the City Manager with a copy of a recordable legal description of all affected properties in form acceptable to the City Manager. [SIGNATURES ON NEXT PAGE]
ITEM 7.2 – Exhibit A to Attachment A
SP-2023-0003 Conditions of Approval | Page 6 of 6
OWNER(S) ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL FOR
SIGN PROGRAM SP-2023-0003 (“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 Sign Program SP-2023-0003 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 Conditional Use Permit CUP-2023-0003, which “run with the land.” References to “Applicant(s)/Owner(s)” in the Conditions of Approval for Sign Program SP-2023-0003 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 Sign Program SP-2023-0003, including this ACKNOWLEDGEMENT, in the office of the ClerkRecorder 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 – Nerio, Art M Tr Marital Share One Tr
Signature: Date:
Full Name: Title:
SIGNATURE MUST BE NOTARIZED; ATTACH ACKNOWLEDGEMENT.
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ITEM 7.2 – Attachment B
Vicinity Map
23562 Moulton Parkway, Laguna Woods, CA 92637
Project Area
23562
Moulton Parkway
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7.3 BUILDING, PLANNING, ENCROACHMENT,
AND GRADING PERMIT FEES
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ITEM 7.3
CC 06-21-2023 RM ITEM 7.3 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: June 21, 2023 Regular Meeting
SUBJECT: Building, Planning, Encroachment, and Grading Permit Fees Recommendation
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING NEW AND INCREASED OR
MODIFIED BUILDING AND PLANNING SERVICES FEES, AND
ENCROACHMENT AND GRADING PERMIT FEES; AND
DETERMINING AND CERTIFYING THAT THIS ACTION IS NOT
ITEM 7.3
ITEM 7.3 – AR Page 2 of 4 CC 06-21-2023 RM
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS
Background
ClearSource Financial, under contract with the City, recently completed a study of the “nexus” between the City’s fees and the reasonable costs of providing building and planning services, as well as encroachment and grading permitting (Attachment A). That study is a part of the City’s annual evaluation of the adequacy and rationality of its fees, including its reasonable costs of providing services.
The Building, Planning, Encroachment, and Grading Permit Fee Study includes calculations of how fees would need to be established in order to recover the City’s reasonable costs of providing services. State law prohibits the City from charging more than its reasonable costs. While the City may charge less than its reasonable costs, the practical implication of doing so is that subsidies would then be borne by taxpayers as the City covers its costs with property tax, sales tax, or other revenues that could otherwise be used to fund and maintain other programs, projects, and services.
To assist with the preparation of the Building, Planning, Encroachment, and Grading Permit Fee Study and proposed fee schedule, a Central Service Cost Allocation Plan and Indirect Cost Rate Calculation-Full Cost Plan was prepared with estimates of the citywide overhead costs eligible for recovery from fees. The outcomes of the Central Service Cost Allocation Plan and Indirect Cost Rate Calculation-Full Cost Plan have been incorporated into the Building, Planning, Encroachment, and Grading Permit Fee Study, including an indirect cost rate of 24%. The following table shows how the City has been able to significantly reduce and manage its overhead costs in the upcoming and preceding fiscal years.
Table 1: Indirect Cost Rates, Fiscal Years 2015-16 to 2023-24 Fiscal
Year
2015-
16 Fiscal
Year
2016-
17 Fiscal
Year
2017-
18 Fiscal
Year
2018-
19 Fiscal
Year
2019-
20 Fiscal
Year
2020-
21 Fiscal
Year
2021-
22 Fiscal
Year
2022-
23 Fiscal
Year
2023-
24 41% 33% 32% 28% 26% 27% 25% 24% 26%
ITEM 7.3
CC 06-21-2023 RM ITEM 7.1 – AR Page 3 of 4
Discussion
At today’s meeting, the City Council will conduct a public hearing regarding the proposed Building, Planning, Encroachment, and Grading Permit Fee Schedule (Attachment B), after which adoption will be considered. In accordance with state law, any new and increased or modified fees could take effect no less than 60 days from the date of adoption. Staff recommends an effective date of August 21, 2023.
Fees are proposed to be set at the City’s reasonable cost of providing services, except in instances where state law limits the City’s ability to charge more than a specified amount (e.g., certain types of solar energy systems) and for certain special purpose fees (e.g., appeals of planning decisions). Each proposed fee adjustment is identified in the Building, Planning, Encroachment, and Grading Permit Fee Study.
No new permit requirements would be created by adoption of the proposed Building, Planning, Encroachment, and Grading Permit Fee Schedule.
Environmental Review
This action is not subject to the California Environmental Quality Act (Pub.
Resources Code, Sec. 21000 et seq.) (“CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guideline section 15378(b)(4) excludes “government funding mechanisms or other government fiscal activities” from its definition of “project” when they “do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” as is the case here. Even if this action were subject to CEQA, it would be categorically exempt under CEQA Guideline section 15273, which applies to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City, when such charges are for the purpose of (1) meeting operating expenses, including employee wage rates and fringe benefits, and (2) purchasing or leasing supplies, equipment, or materials – as is the case with the building, planning, encroachment, and grading permit fees.
Finally, this action is exempt from CEQA based on CEQA Guideline section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ITEM 7.3
ITEM 7.3 – AR Page 4 of 4 CC 06-21-2023 RM
Fiscal Impact
The proposed Building, Planning, Encroachment, and Grading Permit Fee Schedule would modify cost recovery for most fees to 100%. In accordance with state law, revenue from fees would offset only reasonable costs of providing services.
Sufficient funds to support this project are included in the City’s budget.
Attachments: A – Building, Planning, Encroachment, and Grading Permit Fee Study B – Proposed Resolution
Exhibit A – Proposed Building, Planning, Encroachment, and Grading Permit Fee Schedule
City of Laguna Woods
Building, Planning, Encroachment and Grading Permit Fee Study - May 2023 -
ITEM 7.3 - Attachment A
Table of Contents
Executive Summary.......................................................................................................................................1 Recommendations........................................................................................................................................3 Legislative Guidance .....................................................................................................................................4 Study Methodology.......................................................................................................................................5 General Findings ...........................................................................................................................................6 Building Fees.............................................................................................................................................6 Planning Fees............................................................................................................................................6 Encroachment Permit Fees.......................................................................................................................6 Grading Permit Fees..................................................................................................................................7 Appendix .......................................................................................................................................................8 ITEM 7.3 - Attachment A
1 Executive Summary
Background
The City of Laguna Woods conducts periodic examinations of the various user and regulatory fees it collects. Routinely examining the costs of providing fee related services and making deliberate decisions about the recovery of costs and fee modifications helps cities maintain fiscal sustainability and respond to the changing needs of citizens, changes in regulations, and changes in local and regional economies.
The current study examines the City’s costs of providing building, planning, encroachment, and grading permit fee-related services. The outcomes and recommendations of the study are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees (charges) recommended as a result of this study are not a tax as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City’s activities and services addressed in the fees. Additionally, this report is intended to show that the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor’s burdens on, or benefits received from, the activities and services provided by the City of Laguna Woods.
The primary goals of this study were to:
• Identify the full cost of providing fee-related services • Calculate fully-burdened hourly rates for fee-related service providers • Determine current cost recovery levels
• Examine existing fee calculation methodologies and modify, if necessary, to more closely align calculation methodology to the cost of services being provided • Provide a sample fee schedule that illustrates fees assuming full or targeted cost recovery levels • Estimate anticipated revenue impacts of modifying fees to reflect full or targeted cost recovery • Deliver an updated schedule of fees after Council review and adoption of any fee modifications Key Findings
• Building
o 101 individual building fee categories were examined as part of this study. o The current cost recovery level for most fees is 98%. The proposed cost recovery level is 100% for the majority of services examined.
o Recalibrating fees to recover 100% of the cost of service will result in a 2% increase for most of the City’s construction permit fees. The primary driver of this adjustment is in increase in the costs of contract building permitting services.
ITEM 7.3 - Attachment A
2 • Planning
o 31 individual planning fee categories were examined as part of this study. o The current cost recovery level for most fees is 99%. The proposed cost recovery level is 100% for the majority of services examined.
o Recalibrating fees to recover 100% of the cost of service will result in a 1% increase for most of the City’s planning fees. The primary driver of this adjustment is in increase in the costs of personnel services that provide primary review services for planning applications.
• Encroachment Permit Fees
o The City’s proposed fees are intended to recover 100% of the cost of service. o The cost of service study calculated a $188 fully-burdened hourly rate for fee-related engineering services. The prior study calculated a $185 fully-burdened hourly rate. o Recalibrating fees to recover 100% of the cost of service will result in a 2% increase for most of the City’s encroachment permit fees.
• Grading Permit Fees
o The initial deposit amount for grading plan check and inspection is proposed to remain unchanged. Any unused deposit will be returned to the applicant. If additional resources are needed, the City will notify the applicant to request deposit replenishment.
ITEM 7.3 - Attachment A
3 Recommendations
The fees included as part of this study are set at the direction of the City Council. Consequently, the City Council may adopt fees and modify them at a future date as costs of service change, city policies or goals change, project volumes change, service recipient feedback is received, and annual revenue impact of fees is confirmed.
If the City decides to adopt modified fees it should:
• Ensure that City staff begin fee collections using updated fee schedules once the adopted fees are effective.
• Actively monitor and bill for deposit-based fees - Fees for highly variable services are often set to recover the estimated full cost of service, using an hourly billing methodology and collection of an initial deposit. In order to recover the targeted amounts expected from these fees, the City should be diligent about tracking time for deposit-based projects and requesting additional amounts for projects with costs exceeding those collected via the initial deposit. • Periodically Review and Adjust Fees and Calculation Methodologies – As part of this study, several changes were made to fee calculation methodologies. These changes were made in an effort to align fees more closely to the services provided. The city should continue its proactive efforts to refine fee structures to reflect the review and permitting services provided by the city.
Additionally, the fee schedule allows for hourly billing of projects that fall outside the scope of those considered when developing the fee schedule. Also, if fees for services are unintentionally omitted from the adopted fee schedule, they should be added to the fee schedule as part of a future update.
• Monitor feedback and permit statistics - Monitor permit and application volumes and homeowner/contractor feedback to determine if fee modifications are resulting in any unanticipated changes in project frequency and to increase the level of detail available for revenue forecasting.
Additionally, the City may consider the following:
• Adjust fees on an annual basis using inflationary index - In order to maintain pace with regional cost inflation, the City should consider adjusting its fees on an annual basis. The all-urban Consumer Price Index for Los Angeles, Long Beach, and Anaheim is a readily available inflationary index that may be used for adjusting fees (alternative indices are available). • Conduct future fee studies on a regular basis – In order to avoid situations where cost recovery levels fall below full or targeted levels, the City should consider conducting future fee studies whenever operations change significantly or, at a minimum, every two fiscal years.
ITEM 7.3 - Attachment A
4 Legislative Guidance
The objectives of the study, the methodology used to complete the study, and the proposed fees were significantly influenced by Article 13C of the California Constitution and Section 66014 of the California Government Code.
Article 13C states that the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity. Additionally, Article 13C identifies the following as items that are not defined as taxes:
1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. 2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. 4) A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law.
6) A charge imposed as a condition of property development. 7) Assessments and property-related fees imposed in accordance with the provisions of Article XIII D of the California Constitution.
Section 66014(a) of the California Government Code includes the following, “Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; …the processing of maps under the provisions of the Subdivision Map Act…; or planning services…; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue.” ITEM 7.3 - Attachment A
5 Study Methodology
This study calculated the estimated reasonable cost of providing various building, planning, encroachment, and grading permit fee-related services. Generally, the estimated reasonable cost of providing the fee-related services and activities examined in this study can be calculated as the product of the composite fully-burdened hourly labor rate of the in-house staff or contract service personnel responsible for providing services and the estimated labor time required to process a typical request for service (see illustration below).
The composite fully-burdened hourly rates calculated in this study are based on the estimated annual hours spent providing fee related services, and estimated labor, services and supplies, and citywide overhead expenditures:
• Estimated annual hours spent providing fee related services were developed based on responses received from multiple interviews and targeted questionnaires. • Labor expenditures for in-house personnel were based on forecasts of Fiscal Year 2022/23 salary and benefits expenditures.
• Contract service personnel related costs were based on the rates outlined in the consultant agreements established, and forecasted contract service expenditures, for various building, planning, and engineering services
• All other services and supplies expenditures were based on Fiscal Year 2022/23 budgeted expenditures.
Estimated labor times were primarily sourced from prior year fee studies, in which labor times were developed based on responses received from multiple interviews and targeted questionnaires of the staff primarily responsible for the provision of services examined in the study, along with an extensive review of actual permits issued during previous years. The changes incorporate departmental feedback regarding typical plan review and inspection service times.
Once cost of service levels are identified, the City may use this information to inform targeted cost recovery from fees. Fees set at the cost of service target full cost recovery. Fees set at any amount less than the cost of service target less than full cost recovery.
Hourly rate * Labor hours = Cost of service
Proposed fee ÷ Cost of service = Targeted Cost Recovery ITEM 7.3 - Attachment A
6 General Findings
Building Fees
The Planning & Environmental Services Department provides permitting, plan check, and inspection services for new construction, alterations, and additions throughout Laguna Woods, enforcing the provisions of the California Building Standards Code. Additionally, the Department serves as a primary building code resource to contractors, architects, engineers, developers, business owners, and property owners in Laguna Woods.
• 101 individual building fee categories were examined as part of this study. • The current cost recovery level for most fees is 98%. The proposed cost recovery level is 100% for the majority of services examined.
• Recalibrating fees to recover 100% of the cost of service will result in a 2% increase for most of the City’s construction permit fees. The primary driver of this adjustment is in increase in the costs of contract building permitting services.
Planning Fees
The Planning & Environmental Services Department leads the City’s current and long-range planning efforts, including processing and review of applications for development within the City of Laguna Woods.
Additionally, the Department serves as a primary planning and zoning resource to contractors, architects, engineers, developers, business owners, and property owners in Laguna Woods. • 31 individual planning fee categories were examined as part of this study. • The current cost recovery level for most fees is 99%. The proposed cost recovery level is 100% for the majority of services examined.
• Recalibrating fees to recover 100% of the cost of service will result in a 1% increase for most of the City’s planning fees. The primary driver of this adjustment is in increase in the costs of personnel services that provide primary review services for planning applications.
Encroachment Permit Fees
The primary applicants for encroachment permits in the City of Laguna Woods include utility and telecommunications companies such as Southern California Edison, AT&T, and regional water districts.
Additionally, requests for encroachments may be received from landscaping companies, environmental engineering companies, and other businesses and contractors. • The City’s proposed fees are intended to recover 100% of the cost of service. • The cost of service study calculated a $188 fully-burdened hourly rate for fee-related engineering services. The prior study calculated a $185 fully-burdened hourly rate.
ITEM 7.3 - Attachment A
7 • Recalibrating fees to recover 100% of the cost of service will result in a 2% increase for most of the City’s encroachment permit fees.
Grading Permit Fees
The initial deposit amount for grading plan check and inspection is proposed to remain unchanged. Any unused deposit will be returned to the applicant. If additional resources are needed, the City will notify the applicant to request deposit replenishment.
ITEM 7.3 - Attachment A
8 Appendix
The appendix provides detailed analytical findings from the study, including the amount of cost, or estimated cost, required to provide the services for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. For any fees targeted to recover less than 100% of the estimated reasonable cost of service, it is anticipated that General Fund revenues of the City would fund the difference between the targeted recovery level and 100% recovery of the estimated cost of service. These amounts are identified in the Working Version of the Schedules of Building, Planning, Encroachment and Grading Permit Fees. Additionally, the appendix includes a sample, for illustrative purposes, of the Master Schedules of Building, Planning, Encroachment and Grading Permit Fees assuming full or targeted cost recovery levels.
ITEM 7.3 - Attachment A
Contents Page
Calculation of Fully-Burdened Hourly Rates
Building A - 3
Planning A - 8
Encroachment Permits and Grading Permits A - 12
Calculation of the Costs of Providing Fee Related Services Building A - 15
Planning A - 23
Encroachment Permits and Grading Permits A - 25
Working Version of the Master Fee Schedule
Building Fees A - 28
Planning Fees A - 32
Encroachment Permit and Grading Permit Fees A - 33
Master Fee Schedule
Building Fees A - 35
Planning Fees A - 40
Encroachment Permit and Grading Permit Fees A - 41
Appendix
Table of Contents
A - 1
ITEM 7.3 - Attachment A
Calculation of Fully-Burdened Hourly Rates
A - 2
ITEM 7.3 - Attachment A
Calculation of Fully-Burdened Hourly Rate
Building
A - 3
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Building) - Allocation of Annual Labor Effort [a] Position
Bldg
Official
Bldg Insp'ctr
Shift I-1
Bldg Insp'ctr
Shift I-2
Permit
Technician
Permit
Technician
Add'l
Contract PC Total
Allocation to Building 100% 100% 100% 100% 100% 100%
Calculation of Productive Hours
Annual Hours - Standard 2,080 2,080 2,080 2,080 2,080 480 10,880 Less: Annual Leave - - - - - - -
Productive Hours 2,080 2,080 2,080 2,080 2,080 480 10,880 Indirect Activities and Services
General Administration and Mgmt 416 390 195 520 520 - 2,041 Certification and Training - - - - - - -
Code, Policies, and Procedures Update 104 - - - - - 104 Code Enforcement and Compliance 104 - - - - - 104
Permit Processing and Support - - - - - - -
Public Information and Assistance 208 - - 260 260 - 728 Total Indirect Activities and Services Work Hours 832 390 195 780 780 - 2,977 Direct Hours 1,248 1,690 1,885 1,300 1,300 480 7,903
Salary $ - $ - $ - $ - $ - $ - $ -
Benefits $ - $ - $ - $ - $ - $ - $ -
Contract Services $ 281,216 $ 183,872 $ 183,872 $ 140,608 $ 140,608 $ 52,800 $ 982,976 Total $ 281,216 $ 183,872 $ 183,872 $ 140,608 $ 140,608 $ 52,800 $ 982,976 Indirect Activities and Services
General Administration and Mgmt 20% 19% 9% 25% 25% 0% 18% Certification and Training 0% 0% 0% 0% 0% 0% 0%
Code, Policies, and Procedures Update 5% 0% 0% 0% 0% 0% 1% Code Enforcement and Compliance 5% 0% 0% 0% 0% 0% 1%
Permit Processing and Support 0% 0% 0% 0% 0% 0% 0%
Public Information and Assistance 10% 0% 0% 13% 13% 0% 6% Total Indirect Activities and Services Work Hours 40% 19% 9% 38% 38% 0% 27% Direct Hours 60% 81% 91% 63% 63% 100% 73%
Notes
[a] Source: Contract services agreements and annual labor allocation feedback provided by Planning & Environmental Services Department and City Management staff.
A - 4
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Building) - Calculation of Fully-Burdened Hourly Rate Estimated In-House Labor and Contract Services Expenditures [a][b][c] Description Total Notes
Salaries $ -
Benefits $ -
Contract Services $ 982,976
Total - Labor Expenditures $ 982,976
Recurring Non-Labor Expenditures
Description
FY 2022/23
Budget Adjustment Subtotal Notes
General Expenses
Building Services $ 779,680 $ (779,680) $ - [d]
Building Services, Printing $ 2,000 $ - $ 2,000 [e]
Building Services, Publications $ 2,000 $ - $ 2,000 [f] Building Services, Software $ 42,149 $ - $ 42,149
Building Services, State Fees $ 5,200 $ - $ 5,200
Code Enforcement Services $ 35,251 $ (35,251) $ - [g]
Community Waste Events and Collections $ 42,570 $ (42,570) $ - [g] Planning Services $ 45,000 $ (45,000) $ - [g]
Waste Management Services $ 29,746 $ (29,746) $ - [g]
Water Quality Services $ 135,855 $ (135,855) $ - [g]
Compensation & Benefits
Salaries, Full-time $ 166,766 $ (166,766) $ - [h]
Fringe Benefits $ 24,000 $ (24,000) $ - [h]
Supplemental Allowances $ 1,908 $ (1,908) $ - [h]
Payroll Taxes $ 14,983 $ (14,983) $ - [h]
Retirement $ 18,827 $ (18,827) $ - [h]
Non-Operating
Non-Operating $ - $ - $ - [b]
Total $ 1,345,935 $ (1,294,586) $ 51,349
A - 5
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Building) - Calculation of Fully-Burdened Hourly Rate Departmental Overhead
Description FTE Top Step Share to Bldg Notes
Management Analyst 1.00 $ 96,969 30% [i]
Management Analyst 1.00 $ 96,969 0% [i]
Total 2.00 $ 193,938
Description
Dept OH
Personnel
Share to
Building Total Notes
Estimated Departmental Overhead $ 226,484 15% $ 33,973 [i] Citywide Overhead
Description
C'wide Indirect
Rate
Modified Direct
Expenditures
Bldg Share of
C'wide
Overhead Notes
Estimated Citywide Overhead 26% $ 1,068,298 $ 277,757 [j][k] Calculation of Fully-Burdened Hourly Rate
Description
Annual
Allocation
[a] Labor Non-Labor Dept Overhead
Citywide
Overhead Total
Targeted
Recovery from
Fees
Amount
Recoverable
from Fees
Targeted
Hourly Rate
General Administration and Mgmt 18% $ 178,261 $ 9,312 $ 6,161 $ 50,371 $ 244,105 98% $ 239,840 $ 30 Certification and Training 0% $ - $ - $ - $ - $ - 100% $ - $ - Code, Policies, and Procedures Update 1% $ 14,061 $ 735 $ 486 $ 3,973 $ 19,254 100% $ 19,254 $ 2 Code Enforcement and Compliance 1% $ 14,061 $ 735 $ 486 $ 3,973 $ 19,254 0% $ - $ - Permit Processing and Support 0% $ - $ - $ - $ - $ - 100% $ - $ - Public Information and Assistance 6% $ 63,274 $ 3,305 $ 2,187 $ 17,879 $ 86,645 100% $ 86,645 $ 11 Direct Hours 73% $ 713,320 $ 37,263 $ 24,653 $ 201,561 $ 976,796 100% $ 976,796 $ 124 Total 100% $ 982,976 $ 51,349 $ 33,973 $ 277,757 $ 1,346,055 98% $ 1,322,535 $ 167 Direct Hours 7,903
A - 6
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Building) - Calculation of Fully-Burdened Hourly Rate Notes
[h] These expenses have been adjusted out to avoid double counting. They are accounted for in the departmental overhead section of this model. [i] Amount represents typical on-going support provided to Building. [j] See Citywide Overhead Cost Allocation Plan for FY 23/24 - Full Cost Version. [k] Building share of estimated citywide overhead calculated as follows: citywide indirect cost rate * modified direct expenditures for building fee-related services. [a] See worksheet labeled "Planning & Environmental Services (Building) - Allocation of Annual Labor Effort". [b] Excludes in-house labor expenses budgeted to this department, since the forecasted expenditures for in-house staff are allocated as part of the departmental overhead costs. Adjustment to avoid double counting.
[c] The expenditures shown here are reflective of the current contract services costs anticipated to be incurred for Building Official, permit counter, inspection, and plan review services. [d] Accounted for in labor and contract services section of the model. Adjustment to avoid double counting. [e] For printing of development related forms and job cards. [f] For building code books.
[g] Adjustment to exclude costs not linked to building fee-related services.
A - 7
ITEM 7.3 - Attachment A
Calculation of Fully-Burdened Hourly Rate
Planning
A - 8
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Planning) - Allocation of Annual Labor Effort [a] Position
Mgmt. Analyst
[a] Total
Allocation to Planning 70%
Calculation of Productive Hours
Annual Hours - Standard 1,456 1,456
Less: Annual Leave 84 84
Productive Hours 1,372 1,372
Indirect Activities and Services
General Administration and Mgmt 206 206
Certification and Training 27 27
Code, Policies, and Procedures Update 137 137
Code Enforcement and Compliance 69 69
Public Information and Assistance 274 274
Total Indirect Activities and Services Work Hours 713 713 Direct Hours 659 659
Salary $ 67,267 $ 67,267
Benefits $ 22,017 $ 22,017
Contract Services $ - $ -
Total $ 89,284 $ 89,284
Indirect Activities and Services
General Administration and Mgmt 15% 15%
Certification and Training 2% 2%
Code, Policies, and Procedures Update 10% 10%
Code Enforcement and Compliance 5% 5%
Public Information and Assistance 20% 20%
Total Indirect Activities and Services Work Hours 52% 52% Direct Hours 48% 48%
Notes
[a] Source: Annual labor allocation estimates provided by Planning & Environmental Services Department and City Management staff. * Amounts represent estimated labor effort and costs associated with Planning functional division. Services provided to other functional divisions have been excluded from this analysis in order to avoid recovering non-planning related costs from planning fees. Estimated annual support to the Planning functional division is based on feedback received from City staff.
A - 9
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Planning) - Calculation of Fully-Burdened Hourly Rate Estimated In-House Labor and Contract Services Expenditures [a] Description Total Notes
Salaries $ 67,267
Benefits $ 22,017
Contract Services $ -
Total - Labor Expenditures $ 89,284
Recurring Non-Labor Expenditures
Description
FY 2022/23
Budget Adjustment Subtotal Notes
General Expenses
Building Services $ 779,680 $ (779,680) $ - [b]
Building Services, Printing $ 2,000 $ (2,000) $ - [b]
Building Services, Publications $ 2,000 $ (2,000) $ - [b] Building Services, Software $ 42,149 $ (42,149) $ - [b] Building Services, State Fees $ 5,200 $ (5,200) $ - [b] Code Enforcement Services $ 35,251 $ (35,251) $ - [b]
Community Waste Events and Collections $ 42,570 $ (42,570) $ - [b] Planning Services $ 45,000 $ (45,000) $ - [b]
Waste Management Services $ 29,746 $ (29,746) $ - [b]
Water Quality Services $ 135,855 $ (135,855) $ - [b]
Compensation & Benefits $ -
Salaries, Full-time $ 166,766 $ (166,766) $ - [d]
Fringe Benefits $ 24,000 $ (24,000) $ - [d]
Supplemental Allowances $ 1,908 $ (1,908) $ - [d]
Payroll Taxes $ 14,983 $ (14,983) $ - [d]
Retirement $ 18,827 $ (18,827) $ - [d]
Non-Operating $ -
Non-Operating $ - $ - $ - [b]
Subtotal $ 1,345,935 $ (1,345,935) $ -
A - 10
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Planning & Environmental Services (Planning) - Calculation of Fully-Burdened Hourly Rate Departmental Overhead
Description
Dept OH
Personnel
Planning Est.
Share of Dept
Overhead Total Notes
Estimated Departmental Overhead $ 226,484 0% $ - [e]
Citywide Overhead
Description
C'wide Indirect
Rate
Modified Direct
Expenditures
Plan'g Share
of C'wide
Overhead Notes
Estimated Citywide Overhead 26% $ 89,284 $ 23,214 [f][g] Calculation of Fully-Burdened Hourly Rate
Description
Annual
Allocation
[a] Labor Non-Labor
Dept
Overhead
Citywide
Overhead Total
Targeted
Recovery
from Fees
Amount
Recoverable
from Fees
Targeted
Hourly Rate
General Administration and Mgmt 15% $ 13,393 $ - $ - $ 3,482 $ 16,875 94% $ 15,882 $ 24 Certification and Training 2% $ 1,786 $ - $ - $ 464 $ 2,250 100% $ 2,250 $ 3 Code, Policies, and Procedures Update 10% $ 8,928 $ - $ - $ 2,321 $ 11,250 100% $ 11,250 $ 17 Code Enforcement and Compliance 5% $ 4,464 $ - $ - $ 1,161 $ 5,625 0% $ - $ - Public Information and Assistance 20% $ 17,857 $ - $ - $ 4,643 $ 22,500 100% $ 22,500 $ 34 Direct Hours 48% $ 42,856 $ - $ - $ 11,143 $ 53,999 100% $ 53,999 $ 82 Total 100% $ 89,284 $ - $ - $ 23,214 $ 112,498 94% $ 105,880 $ 161 Direct Hours 659
Notes
[f] See Citywide Overhead Cost Allocation Plan for FY 23/24 - Full Cost Version. [g] Planning share of estimated citywide overhead calculated as follows: citywide indirect cost rate * modified direct expenditures for planning fee-related services. [a] See worksheet labeled "Planning & Environmental Services (Planning) - Allocation of Annual Labor Effort". [b] Adjustment to exclude expenditures not linked to current planning fee-related services. [c] Adjustment to contract planning expenditures accounted for in labor and contract services section of the model. Adjustment to avoid double counting. [d] Accounted for in labor and contract services section of the model. Adjustment to avoid double counting. [e] The Management Analyst for development programs is currently the primary contact point for current planning services. If additional personnel are added to this division in the future, the Planning division will receive a share of Departmental Overhead.
A - 11
ITEM 7.3 - Attachment A
Calculation of Fully-Burdened Hourly Rate
Encroachment Permits and Grading Permits
A - 12
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Calculation of Fully-Burdened Hourly Rate
Estimated Contract Services Hourly Rate for Encroachment and Grading Permitting Description Rate Unit Notes
City Engineer $ 149 per hour [a]
Total $ 149 per hour
Recurring Non-Labor Expenditures
Description
FY 2022/23
Budget Adjustment Subtotal Notes
General Expenses
Engineering Services $ 14,460 $ (14,460) $ - [b]
Landscaping Services $ 71,245 $ (71,245) $ - [b]
Landscaping Services, M2 Maint of Effort $ 104,578 $ (104,578) $ - [b] Utilities
Utilities, Street Lights, Residential $ 27,804 $ (27,804) $ - [b] Compensation & Benefits
Salaries, Full-time (Less M2 Maintenance of Effort) $ 62,526 $ (62,526) $ - [c] Fringe Benefits (Less M2 Maintenance of Effort) $ 9,235 $ (9,235) $ - [c] Supplemental Allowances (Less M2 Maintenance of Effort) $ 734 $ (734) $ - [c] Payroll Taxes (Less M2 Maintenance of Effort) $ 5,658 $ (5,658) $ - [c] Retirement (Less M2 Maintenance of Effort) $ 4,588 $ (4,588) $ - [c] Non-Operating
Non-Operating $ - $ - $ - [b]
Subtotal $ 300,828 $ (300,828) $ -
Citywide Overhead
Description
C'wide Indirect
Rate Notes
Estimated Citywide Overhead 26% [d]
Calculation of Fully-Burdened Hourly Rate
Description
Contract Svcs.
Hourly Rate
Citywide
Overhead Rate Total
Hourly Rate for Encroachment Permitting Services $ 149 $ 39 $ 188 Notes:
[a] Source: Consultant Services Agreement for City Engineering and Traffic Operations Services. [b] Adjustment to exclude expenditures not linked to fee-related services and/or adjustment to exclude items already considered in the contract services hourly rate section of this model.
[c] These expenditures are composed of a portion of the budgeted salary and benefits expenditures of the Management Analyst for maintenance programs. The hourly rate calculation assumes any encroachment permit-related services provided by this position will be treated as direct services at the calculated fully-burdened hourly rate. This assumptions avoids duplicate counting of costs for similar work activities. If the department organization changes significantly, the encroachment permit services hourly rate may be recalculated to receive a proportionate share of departmental overhead. [d] See Citywide Overhead Cost Allocation Plan for FY 23/24 - Full Cost Version.
A - 13
ITEM 7.3 - Attachment A
Calculation of the Costs of Providing Fee Related Services A - 14
ITEM 7.3 - Attachment A
Calculation of the Costs of Providing Fee Related Services Building
A - 15
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Cost of Service Calculation - Building Fees
Cost of Service (Summary) Cost Recovery Summary
Fee Description
Est.
Labor
Time
(Hours) x
Hourly
Rate =
Cost of
Service
Current
Fee
Current
Cost
Recovery
Modified Fee
Assuming Full or
Targeted Cost
Recovery [a]
Modified
Cost
Recovery Notes
1 New or Existing Water Heater Change Out 0.62 x $167 = $103 $101 98% $103 100% 2 Water Heater Relocation 1.08 x $167 = $181 $177 98% $181 100% 3 Tub to Tub Insert Only 1.17 x $167 = $195 $190 98% $195 100% 4 Tub to Tub Tile Back Only 1.58 x $167 = $264 $258 98% $264 100% 5 Shower to Shower Insert Only 1.17 x $167 = $195 $190 98% $195 100% 6 Shower to Shower Tile Only 2.00 x $167 = $334 $326 98% $334 100% 7 Tub to Shower Only 2.00 x $167 = $334 $326 98% $334 100% 8 Water/Drain Line (Install/Alter/Repair) w/out Structural 0.62 x $167 = $103 $101 98% $103 100% 9 Water/Drain Line (Install/Alter/Repair) with Structural 1.58 x $167 = $264 $258 98% $264 100% 10 Line Repair (CIPP)/Svc Install - First 30 LF 0.67 x $167 = $111 $109 98% $111 100% 11 Line Repair (CIPP)/Svc Install - Each Add'l 30 LF 0.42 x $167 = $70 $68 98% $70 100% 12 Plumbing Repipe 1.49 x $167 = $250 $244 98% $250 100% 13 New HVAC / HVAC Change in Type - Residential 1.17 x $167 = $195 $190 98% $195 100% 14 Ventilation Modifications 1.29 x $167 = $215 $210 98% $215 100% 15 Electrical - New Fixtures/Receptacles 0.67 x $167 = $111 $109 98% $111 100% 16 Mechanical - New Fixtures/Receptacles 0.67 x $167 = $111 varies 98% $111 100% 17 Plumbing - New Fixtures/Receptacles 0.67 x $167 = $111 varies 98% $111 100% 18 Electrical Panel Modification 2.07 x $167 = $346 $338 98% $346 100% 19 Electrical Panel Change Out 1.11 x $167 = $186 $181 98% $186 100% 20 New Washer/Dryer Hook Up 0.83 x $167 = $138 $134 98% $138 100% 21 Electrical Wheelchair Lift 3.25 x $167 = $543 $530 98% $543 100% 22 Temporary Power Pole 0.87 x $167 = $145 $141 98% $145 100% 23 Re-Roof (Tile, Single-Ply) - First 1,000 SF 1.03 x $167 = $173 $168 98% $173 100% 24 Re-Roof (Tile, Single-Ply) - Each Add'l 1,000 SF 0.20 x $167 = $33 $33 98% $33 100% [b] 25 Re-Roof (All Other) - First 1,000 SF 1.25 x $167 = $209 $204 98% $209 100% 26 Re-Roof (All Other) - Each Add'l 5,000 SF 0.20 x $167 = $33 $33 98% $33 100% [b] 27 Fenestration - Skylights/Solartubes - Fire-Rated 1.17 x $167 = $195 $190 98% $195 100% 28 Fenestration - Skylights/Solartubes - Non-Rated 0.88 x $167 = $146 $143 98% $146 100% 29 Fenestration - Window Retrofit 0.96 x $167 = $160 $156 98% $160 100% 30 Fenestration - Doors/Windows (One New - Framed) 1.38 x $167 = $230 $224 98% $230 100% [c] 31 Structural, Drywall 0.92 x $167 = $153 $149 98% $153 100% 32 Structural, Insulation, Drywall 1.33 x $167 = $223 $217 98% $223 100% 33 Lath 1.45 x $167 = $242 $236 98% $242 100%
34 Structural, Insulation, Lath 2.17 x $167 = $362 $353 98% $362 100% 35 Structural, Insulation, Shear, Lath 3.58 x $167 = $598 $584 98% $598 100% 36 Fire Sprinkler Plans - New 1.33 x $167 = $223 $217 98% $223 100% 37 Fire Sprinkler Plans - Modified 0.83 x $167 = $139 $136 98% $139 100% 38 Fire Assessment Review 1.20 x $167 = $200 $196 98% $200 100% A - 16
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Cost of Service Calculation - Building Fees
Cost of Service (Summary) Cost Recovery Summary
Fee Description
Est.
Labor
Time
(Hours) x
Hourly
Rate =
Cost of
Service
Current
Fee
Current
Cost
Recovery
Modified Fee
Assuming Full or
Targeted Cost
Recovery [a]
Modified
Cost
Recovery Notes
39 Framing/Structural - 1 inspection 1.92 x $167 = $320 $312 98% $320 100% [d] 40 Framing/Structural - 2 inspections 2.33 x $167 = $390 $380 98% $390 100% [d] 41 Framing/Structural - 3 inspections 2.75 x $167 = $459 $448 98% $459 100% [d] 42 Framing/Structural - More than 3 inspections
a) Base Fee (covers up to 3 inspections) 2.75 x $167 = $459 $448 98% $459 100% [d] b) Each additional inspection 0.42 x $167 = $70 $68 98% $70 100% [d] 43 Temporary Shade Structure (Commercial) 1.92 x $167 = $320 $312 98% $320 100% 44 Patio/Balcony Cover/Enclosure - Standard, Open, Pre-Engineered 1.33 x $167 = $223 $217 98% $223 100% 45 Patio/Balcony Cover/Enclosure - Standard, Enclosed, Pre-Engineered 2.00 x $167 = $334 $326 98% $334 100% 46 Patio/Balcony Cover/Enclosure - Site Specific Engineering 3.38 x $167 = $564 $550 98% $564 100% 47 Patio Conversion 6.67 x $167 = $1,113 $1,087 98% $1,113 100% 48 Atrium Conversion 6.67 x $167 = $1,113 $1,087 98% $1,113 100% 49 Garage Conversion/Alteration 5.83 x $167 = $974 $951 98% $974 100% 50 Alteration - Residential (Res.) Kitchen 2.58 x $167 = $431 $421 98% $431 100% 51 Alteration - Res. Kitchen, plus HVAC OR Fenestration 3.00 x $167 = $501 $489 98% $501 100% 52 Alteration - Res. Kitchen, plus HVAC AND Fenestration/Other 3.42 x $167 = $571 $557 98% $571 100% [e] 53 Alteration - Res. Kitchen, plus 1 Bath 3.00 x $167 = $501 $489 98% $501 100% 54 Alteration - Res. Kitchen, plus 2+ Bath (Includes bathroom splits) 3.42 x $167 = $571 $557 98% $571 100% 55 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC OR Fenestration/Other 3.42 x $167 = $571 $557 98% $571 100% [e] 56 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC OR Fenestration/Other 3.83 x $167 = $640 $625 98% $640 100% [e] 57 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC AND Fenestration/Other 3.83 x $167 = $640 $625 98% $640 100% [e] 58 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC AND Fenestration/Other 4.25 x $167 = $710 $693 98% $710 100% [e] 59 Alteration/Remodel - Res. 1 Bath 1.75 x $167 = $292 $285 98% $292 100% 60 Alteration/Remodel - Res. 2+ Baths (includes bathroom splits) 2.58 x $167 = $431 $421 98% $431 100% 61 Alteration - Res. 2+ Baths (incl. split), plus HVAC/Other 3.00 x $167 = $501 $489 98% $501 100% [e] 62 Room Addition 6.00 x $167 = $1,002 $978 98% $1,002 100% 63 Alteration/Remodel w/ Room Addition 8.50 x $167 = $1,420 $1,386 98% $1,420 100% 64 Sign (Wall) - First 1.17 x $167 = $195 $190 98% $195 100% 65 Sign (Wall) - Each Add'l 0.08 x $167 = $14 $14 98% $14 100% 66 Sign (Monument) - First 1.92 x $167 = $320 $312 98% $320 100% 67 Sign (Monument) - Each Add'l 0.17 x $167 = $28 $27 98% $28 100% 68 Antenna - Telecommunications 3.67 x $167 = $612 $598 98% $612 100% 69 Antenna - Equipment Shelter 1.75 x $167 = $292 $285 98% $292 100% 70 Solar - Residential Systems (Expedited Process) 1.67 x $167 = $278 $272 98% $278 100% [f] 71 Solar - Residential Systems (All Others) - See note for > 15kW or 10kWth 3.00 x $167 = $501 $450 90% $450 90% [f] 72 Solar - Commercial Systems - See note for > 50kW or 30kWth 8.50 x $167 = $1,420 $1,000 70% $1,000 70% [g] 73 Demolition - Residential 1.17 x $167 = $195 $190 98% $195 100% 74 Demolition - Non-Residential 2.50 x $167 = $418 $408 98% $418 100% A - 17
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Cost of Service Calculation - Building Fees
Cost of Service (Summary) Cost Recovery Summary
Fee Description
Est.
Labor
Time
(Hours) x
Hourly
Rate =
Cost of
Service
Current
Fee
Current
Cost
Recovery
Modified Fee
Assuming Full or
Targeted Cost
Recovery [a]
Modified
Cost
Recovery Notes
75 Certificate of Occupancy - Temporary 0.62 x $167 = $103 $101 98% $103 100% 76 Certificate of Occupancy 1.87 x $167 = $312 $304 98% $312 100% 77 Sleeping Room Covenant - Recording Fee 0.75 x $167 = $125 $122 98% $125 100% 78 Miscellaneous/All Other - First Inspection 0.62 x $167 = $103 $101 98% $103 100% 79 Miscellaneous/All Other - Each Add'l Inspection 0.42 x $167 = $70 $68 98% $70 100% 80 Miscellaneous/All Other - Plan Check (Per Hr) 1.00 x $167 = $167 $163 98% $167 100% 81 Plan Revision - Non-Structural - (Per Hr) 1.00 x $167 = $167 $163 98% $167 100% 82 Plan Revision - Structural - (Per Hr) 1.00 x $167 = $167 $163 98% $167 100% 83 Work Without Permit - Non-Destructive Inspection Required 1.33 x $167 = $223 $217 98% $223 100% 84 Work Without Permit - Destructive Inspection Required 2.33 x $167 = $390 $380 98% $390 100% 85 Re-Inspection - Missed Appointment 0.42 x $167 = $70 $68 98% $70 100% 86 Inspection Outside of Normal Business Hours (Per Hr) 1.25 x $167 = $209 $204 98% $209 100% 87 Expedited Plan Review of Residential Remodels 125% of standard fee 125% of standard
98% 125% of standard
fee
100%
88 Additional Inspections 0.62 x $167 = $103 $101 98% $103 100% 89 Replacement Job Card 0.20 x $167 = $33 $33 98% $33 100% 90 Permit Extension 0.50 x $167 = $84 $82 98% $84 100%
91 Change of Contractor, Architect, Owner Processing 0.50 x $167 = $84 $82 98% $84 100% 92 Expired Permit 1.00 x $167 = $167 $163 98% $167 100% 93 Cancelled Permit Refund Processing Fee 0.50 x $167 = $84 $82 98% $84 100% 94 Copy and Printing Charge 0.08 x $167 = $14 $14 98% $14 100% 95 State Energy Form Assistance (Upon Request) (Per Page) 0.25 x $167 = $42 $4 10% $4 10% 96 Building and Safety Appeal Application 1.00 x $167 = $167 $163 98% $167 100% 97 Alternate Materials Method Review (Per Hr) 1.00 x $167 = $167 $163 98% $167 100% A - 18
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Cost of Service Calculation - Building Fees
Cost of Service (Summary) Cost Recovery Summary
Fee Description
Est.
Labor
Time
(Hours) x
Hourly
Rate =
Cost of
Service
Current
Fee
Current
Cost
Recovery
Modified Fee
Assuming Full or
Targeted Cost
Recovery [a]
Modified
Cost
Recovery Notes
Notes
[a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services. However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City. [b] For purposes of calculating re-roof fees, fractional square footages shall be rounded up to the nearest 1,000 SF. For example 1,600 SF shall be rounded to 2,000 SF. [c] For Installation of multiple doors or windows see Framing/Structural fees. [d] Examples of items included in this fee include post, beam, beamtail, raftertail, corbel, shearpanel, and truss repair/replacement. [e] Other may include items such as water-heater change-out or water heater relocation, and/or minor hook-ups associated with the alteration or remodel. [f] California Government Code Section 66015(a)(1), establishes maximum fees for residential solar energy systems. For photovoltaic systems, fees shall not exceed $450 plus $15 per kW for each kilowatt above 15kW. For thermal systems, fees shall not exceed $450, plus $15 per kWth for each kilowatt thermal above 10kWth.
Fees in excess of these amounts require written findings and resolution or ordinance. [g] California Government Code Section 66015(b)(1), establishes maximum fees for commercial solar energy systems. Fees shall not exceed $1,000 for systems up to 50kW plus $7 per kilowatt for each kilowatt between 51kW and 250kW, plus $5 for each kilowatt above 250kW. For thermal systems, fees shall not exceed $1,000 up to the 30kWth, plus $7 per kWth for each kWth between the 30th and 260th kWth, plus $5 for each kWth above 260kWth. Fees in excess of these amounts require written findings and resolution or ordinance. * In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability.
** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability. *** The City Manager may waive building permit fees for activities associated with City projects or contracts.
A - 19
ITEM 7.3 - Attachment A
City of Laguna Woods
Fee Study
Cost of Service Calculation - Building Fees
(New Construction & Tenant Improvements)
Hourly Rate $167 Estimated Labor Hours Cost of Service Current Fee Occupancy Classification
Threshold
SqFt Plan Check
Permit /
Inspection Total Plan Check
Plan Check
Fee per
Add'l 100 SF
Permit /
Inspection
Permit /
Insp. Fee per
Add'l 100 SF Total
Total Fee
Per Add'l
100 SF
1 500 7.50 7.50 15.00 $1,253 $29.23 $1,253 $54.28 $2,505 $83.50 2,000 10.13 12.38 22.50 $1,691 $18.79 $2,067 $22.96 $3,758 $41.75 5,000 13.50 16.50 30.00 $2,255 $11.27 $2,756 $13.78 $5,010 $25.05 10,000 16.88 20.63 37.50 $2,818 $5.22 $3,444 $15.66 $6,263 $20.88 20,000 20.00 30.00 50.00 $3,340 varies $5,010 varies $8,350 varies > 20,000 varies varies varies varies varies varies varies varies varies 2 100 1.75 3.25 5.00 $292 $97.42 $543 $180.92 $835 $278.33 250 2.63 4.88 7.50 $438 $58.45 $814 $108.55 $1,253 $167.00 500 3.50 6.50 10.00 $585 $29.23 $1,086 $54.28 $1,670 $83.50 1,000 4.38 8.13 12.50 $731 $13.64 $1,357 $25.33 $2,088 $38.97 2,500 5.60 10.40 16.00 $935 varies $1,737 varies $2,672 varies > 2,500 varies varies varies varies varies varies varies varies varies 3 500 12.00 12.00 24.00 $2,004 $46.76 $2,004 $86.84 $4,008 $133.60 2,000 16.20 19.80 36.00 $2,705 $30.06 $3,307 $36.74 $6,012 $66.80 5,000 21.60 26.40 48.00 $3,607 $18.04 $4,409 $22.04 $8,016 $40.08 10,000 27.00 33.00 60.00 $4,509 $8.35 $5,511 $25.05 $10,020 $33.40 20,000 32.00 48.00 80.00 $5,344 varies $8,016 varies $13,360 varies > 20,000 varies varies varies varies varies varies varies varies varies 4 250 1.40 2.60 4.00 $234 $46.76 $434 $86.84 $668 $133.60 500 2.10 3.90 6.00 $351 $23.38 $651 $43.42 $1,002 $66.80 1,000 2.80 5.20 8.00 $468 $7.79 $868 $14.47 $1,336 $22.27 2,500 3.50 6.50 10.00 $585 $7.60 $1,086 $14.11 $1,670 $21.71 5,000 4.64 8.61 13.25 $774 varies $1,438 varies $2,213 varies > 5,000 varies varies varies varies varies varies varies varies varies Notes
Shell Building
New Construction
Accessory/Utility
(e.g. Private garage,
gatehouse)
New Construction
All Other
New Construction
Tenant Improvements
New Construction
* Current fees vary based on the estimated
calculated value of the project for fee setting
purposes.
A - 20
ITEM 7.3 - Attachment A
City of Laguna Woods
Fee Study
Cost of Service Calculation - Building Fees
(New Construction & Tenant Improvements)
Hourly Rate $167
Occupancy Classification
Threshold
SqFt
1 500
2,000
5,000
10,000
20,000
> 20,000
2 100
250
500
1,000
2,500
> 2,500
3 500
2,000
5,000
10,000
20,000
> 20,000
4 250
500
1,000
2,500
5,000
> 5,000
Notes
Shell Building
New Construction
Accessory/Utility
(e.g. Private garage,
gatehouse)
New Construction
All Other
New Construction
Tenant Improvements
New Construction
* Current fees vary based on the estimated
calculated value of the project for fee setting
purposes.
Current Fee Current Cost Recovery
Plan Check
Plan Check
Fee per
Add'l 100
SF
Permit /
Inspection
Permit /
Insp. Fee
per Add'l
100 SF Total
Total Fee
Per Add'l
100 SF
Current
Fee
Cost of Svc
PC & Prmt
Base Cost
Current
Cost
Recovery
Modified Fee
Assuming Full
or Targeted
Cost Recovery
Modified
Cost
Recovery
$1,223 $28.53 $1,223 $52.98 $2,445 $81.50 $2,445 $2,505 98% $2,505 100% $1,650 $18.34 $2,017 $22.41 $3,668 $40.75 $3,668 $3,758 98% $3,758 100% $2,201 $11.00 $2,690 $13.45 $4,890 $24.45 $4,890 $5,010 98% $5,010 100% $2,751 $5.09 $3,362 $15.28 $6,113 $20.38 $6,113 $6,263 98% $6,263 100% $3,260 varies $4,890 varies $8,150 varies $8,150 $8,350 98% $8,350 100% varies varies varies varies varies deposit
$285 $95.08 $530 $176.58 $815 $271.67 $815 $835 98% $835 100% $428 $57.05 $795 $105.95 $1,223 $163.00 $1,223 $1,253 98% $1,253 100% $571 $28.53 $1,060 $52.98 $1,630 $81.50 $1,630 $1,670 98% $1,670 100% $713 $13.31 $1,324 $24.72 $2,038 $38.03 $2,038 $2,088 98% $2,088 100% $913 varies $1,695 varies $2,608 varies $2,608 $2,672 98% $2,672 100% varies varies varies varies varies deposit
$1,956 $45.64 $1,956 $84.76 $3,912 $130.40 $3,912 $4,008 98% $4,008 100% $2,641 $29.34 $3,227 $35.86 $5,868 $65.20 $5,868 $6,012 98% $6,012 100% $3,521 $17.60 $4,303 $21.52 $7,824 $39.12 $7,824 $8,016 98% $8,016 100% $4,401 $8.15 $5,379 $24.45 $9,780 $32.60 $9,780 $10,020 98% $10,020 100% $5,216 varies $7,824 varies $13,040 varies $13,040 $13,360 98% $13,360 100% varies varies varies varies varies deposit
$228 $45.64 $424 $84.76 $652 $130.40 $652 $668 98% $668 100% $342 $22.82 $636 $42.38 $978 $65.20 $978 $1,002 98% $1,002 100% $456 $7.61 $848 $14.13 $1,304 $21.73 $1,304 $1,336 98% $1,336 100% $571 $7.42 $1,060 $13.77 $1,630 $21.19 $1,630 $1,670 98% $1,670 100% $756 varies $1,404 varies $2,160 varies $2,160 $2,213 98% $2,213 100% varies varies varies varies varies deposit
A - 21
ITEM 7.3 - Attachment A
City of Laguna Woods
Fee Study
Cost of Service Calculation - Building Fees
(New Construction & Tenant Improvements)
Hourly Rate $167
Occupancy Classification
Threshold
SqFt
1 500
2,000
5,000
10,000
20,000
> 20,000
2 100
250
500
1,000
2,500
> 2,500
3 500
2,000
5,000
10,000
20,000
> 20,000
4 250
500
1,000
2,500
5,000
> 5,000
Notes
Shell Building
New Construction
Accessory/Utility
(e.g. Private garage,
gatehouse)
New Construction
All Other
New Construction
Tenant Improvements
New Construction
* Current fees vary based on the estimated
calculated value of the project for fee setting
purposes.
Proposed Fee Proposed Cost Recovery
Plan Check
Plan Check
Fee per
Add'l 100
SF
Permit /
Inspection
Permit /
Insp. Fee
per Add'l
100 SF Total
Total Fee
Per Add'l
100 SF
Proposed
Fee
Cost of Svc
PC & Prmt
Base Cost
Proposed
Cost
Recovery
Modified Fee
Assuming Full
or Targeted
Cost Recovery
Modified
Cost
Recovery
$1,253 $29.23 $1,253 $54.28 $2,505 $83.50 $2,505 $2,505 100% $2,505 100% $1,691 $18.79 $2,067 $22.96 $3,758 $41.75 $3,758 $3,758 100% $3,758 100% $2,255 $11.27 $2,756 $13.78 $5,010 $25.05 $5,010 $5,010 100% $5,010 100% $2,818 $5.22 $3,444 $15.66 $6,263 $20.88 $6,263 $6,263 100% $6,263 100% $3,340 varies $5,010 varies $8,350 varies $8,350 $8,350 100% $8,350 100% varies varies varies varies varies deposit
$292 $97.42 $543 $180.92 $835 $278.33 $835 $835 100% $835 100% $438 $58.45 $814 $108.55 $1,253 $167.00 $1,253 $1,253 100% $1,253 100% $585 $29.23 $1,086 $54.28 $1,670 $83.50 $1,670 $1,670 100% $1,670 100% $731 $13.64 $1,357 $25.33 $2,088 $38.97 $2,088 $2,088 100% $2,088 100% $935 varies $1,737 varies $2,672 varies $2,672 $2,672 100% $2,672 100% varies varies varies varies varies deposit
$2,004 $46.76 $2,004 $86.84 $4,008 $133.60 $4,008 $4,008 100% $4,008 100% $2,705 $30.06 $3,307 $36.74 $6,012 $66.80 $6,012 $6,012 100% $6,012 100% $3,607 $18.04 $4,409 $22.04 $8,016 $40.08 $8,016 $8,016 100% $8,016 100% $4,509 $8.35 $5,511 $25.05 $10,020 $33.40 $10,020 $10,020 100% $10,020 100% $5,344 varies $8,016 varies $13,360 varies $13,360 $13,360 100% $13,360 100% varies varies varies varies varies deposit
$234 $46.76 $434 $86.84 $668 $133.60 $668 $668 100% $668 100% $351 $23.38 $651 $43.42 $1,002 $66.80 $1,002 $1,002 100% $1,002 100% $468 $7.79 $868 $14.47 $1,336 $22.27 $1,336 $1,336 100% $1,336 100% $585 $7.60 $1,086 $14.11 $1,670 $21.71 $1,670 $1,670 100% $1,670 100% $774 varies $1,438 varies $2,213 varies $2,213 $2,213 100% $2,213 100% varies varies varies varies varies deposit
A - 22
ITEM 7.3 - Attachment A
Calculation of the Costs of Providing Fee Related Services Planning
A - 23
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Cost of Service Calculation - Planning Fees
Cost of Service (Summary) Volume and Revenue Statistics Fee Description
Est.
Labor Time
(Hours) x
Targeted
Hourly
Rate =
Cost of
Service Current Fee
Current
Cost
Recovery
Modified Fee
Assuming Full or Targeted
Cost Recovery [d]
Modified
Cost
Recovery Notes
Fixed Fee Services
1 Film Permit 4.00 x $161 = $644 $636 Flat 99% $644 Flat 100% [a] 2 Address Establishment/Change 2.50 x $161 = $403 $398 Flat 99% $403 Flat 100% 3 Notice of Exemption 2.00 x $161 = $322 $318 Flat 99% $322 Flat 100% [b] 4 Outdoor Seating Permit 2.50 x $161 = $403 $398 Flat 99% $403 Flat 100% 5 Sign Permit - Part of Sign Program 0.75 x $161 = $121 $119 Flat 99% $121 Flat 100% 6 Sign Permit - Permanent 2.00 x $161 = $322 $318 Flat 99% $322 Flat 100% 7 Sign Permit - Temporary 0.50 x $161 = $81 $80 Flat 99% $81 Flat 100% 8 Sign Permit - Community Facilities/Open Space Annual 0.50 x $161 = $81 $80 Flat 99% $81 Flat 100% 9 Special Event Permit 2.00 x $161 = $322 $318 Flat 99% $322 Flat 100% 10 Temporary Use Permit 4.00 x $161 = $644 $636 Flat 99% $644 Flat 100% 11 Tree Removal Permit 1.50 x $161 = $242 $239 Flat 99% $242 Flat 100% 12 Wireless Use Permit Filing Fee 11.50 x $161 = $1,852 $1,829 Flat 99% $1,852 Flat 100% [c] 13 Eligible Facility Request Permit Filing Fee 8.50 x $161 = $1,369 $1,352 Flat 99% $1,369 Flat 100% 14 Eligible Facility Request Permit Pre-Submittal Meeting 2.00 x $161 = $322 $318 Flat 99% $322 Flat 100% 15 Zoning Confirmation Letter 1.25 x $161 = $201 $199 Flat 99% $201 Flat 100% 16 Bingo Permit $50 Flat n/a $50 Flat [d]
17 Appeal (City Council) 14.50 x $161 = $2,335 $750 Flat 32% $750 Flat 32% Deposit-Based Fee Services [e]
18 Change Plan 16.00 x $161 = $2,576 $2,000 Deposit 99% $2,500 Deposit 100% 19 Conditional Use Permit 28.75 x $161 = $4,629 $4,000 Deposit 99% $4,500 Deposit 100% 20 Development Agreement 133.50 x $161 = $21,494 $10,000 Deposit 99% $10,000 Deposit 100% 21 Environmental Impact Report varies x $161 = varies $10,000 Deposit 99% $10,000 Deposit 100% 22 General Plan Amendment 131.50 x $161 = $21,172 $10,000 Deposit 99% $10,000 Deposit 100% 23 Zoning Code Amendment 131.50 x $161 = $21,172 $10,000 Deposit 99% $10,000 Deposit 100% 24 Initial Study/Neg. Dec./Mitigated Neg Dec. varies x $161 = varies $5,000 Deposit 99% $5,000 Deposit 100% 25 Sign Program 19.00 x $161 = $3,059 $2,500 Deposit 99% $3,000 Deposit 100% 26 Site Development Permit 28.00 x $161 = $4,508 $4,000 Deposit 99% $4,500 Deposit 100% 27 Lot Line Adjustment 16.00 x $161 = $2,576 $2,000 Deposit 99% $2,500 Deposit 100% 28 Specific Plan 133.50 x $161 = $21,494 $10,000 Deposit 99% $10,000 Deposit 100% 29 Variance 25.00 x $161 = $4,025 $3,500 Deposit 99% $4,000 Deposit 100% 30 Zone Change 116.50 x $161 = $18,757 $10,000 Deposit 99% $10,000 Deposit 100% 31 Other Services Not Identified varies x $161 = varies varies Deposit 99% varies Deposit 100% Notes
[a] Film permit fee applies for major filming (production). [b] A pass-through of any filing fees will also be collected from the applicant. [c] A pass-through of any noticing fees will also be collected from the applicant (e.g. mailing costs, newspaper publication). [d] Fee limited by California Penal Code Section 326.5. [e] For deposit-based fees, the City intends to recover 100% of the costs of service including the actual costs of any contract service providers, internal City support, indirect costs, filing fees, and noticing fees. * The City Manager may waive planning fees for activities associated with City projects or contracts. ** Deposit-based fee services include processing of the principal application and, when applicable, required landscape documentation packages and/or water quality management plans.
A - 24
ITEM 7.3 - Attachment A
Calculation of the Costs of Providing Fee Related Services Encroachment Permits and Grading Permits
A - 25
ITEM 7.3 - Attachment A
City of Laguna Woods
Study of Building, Planning, Encroachment, and Grading Permit Fees Cost of Service Calculation - Encroachment Permit and Grading Permit Fees Cost of Service (Summary) Current and Proposed Cost Recovery Fee Description
Est.
Labor Time
(Hours) x
Fully
Burdened
Hourly Rate =
Cost of
Service Current Fee
Current Cost
Recovery
Proposed Fee
Assuming Full
Cost Recovery
Proposed
Cost
Recovery Notes
Encroachment Permits
Minor Projects
1 Landscape Maintenance 1.50 x $188 = $282 $275 flat 98% $280 flat 99% 2 Temporary Staging 1.50 x $188 = $282 $275 flat 98% $280 flat 99% 3 Traffic Control Only 2.00 x $188 = $376 $370 flat 98% $375 flat 100% 4 Utilities Structure Inspection 2.50 x $188 = $470 $460 flat 98% $470 flat 100% 5 Pole Replacement 2.50 x $188 = $470 $460 flat 98% $470 flat 100% Major Projects
6 Major Project [a]
a) First Day 4.00 x $188 = $752 $740 flat 98% $750 flat 100% b) Each Additional Day 1.50 x $188 = $282 $275 per day 98% $280 per day 99% 7 Projects Greater Than Two Weeks in Duration varies x $188 = varies $3,000 deposit varies $3,000 deposit 100% Grading Permits
1 Grading Plan Check and Inspection varies x $188 = varies $2,500 deposit varies $2,500 deposit 100% Notes
* The City Manager may waive encroachment and grading permit fees for activities associated with City projects or contracts. [a] Major Projects include ground disturbing activities, projects lasting longer than three days, or projects that require permanent traffic control for the duration of the project (e.g. excavation, trenching, boring, etc.).
A - 26
ITEM 7.3 - Attachment A
Working Version of the Master Fee Schedule
A - 27
ITEM 7.3 - Attachment A
Fee Description
Current
Fee
Est.
Cost of
Service
Current
Cost
Recovery
Modified Fee
Assuming Full
or Targeted
Cost Recovery
[a]
Increase
(Decrease)
Amount
Modified
Cost
Recovery Notes
1 New or Existing Water Heater Change Out $101 $103 98% $103 $2 100% 2 Water Heater Relocation $177 $181 98% $181 $4 100%
3 Tub to Tub Insert Only $190 $195 98% $195 $5 100%
4 Tub to Tub Tile Back Only $258 $264 98% $264 $6 100%
5 Shower to Shower Insert Only $190 $195 98% $195 $5 100% 6 Shower to Shower Tile Only $326 $334 98% $334 $8 100% 7 Tub to Shower Only $326 $334 98% $334 $8 100%
8 Water/Drain Line (Install/Alter/Repair) w/out Structural $101 $103 98% $103 $2 100% 9 Water/Drain Line (Install/Alter/Repair) with Structural $258 $264 98% $264 $6 100% 10 Line Repair (CIPP)/Svc Install - First 30 LF $109 $111 98% $111 $3 100% 11 Line Repair (CIPP)/Svc Install - Each Add'l 30 LF $68 $70 98% $70 $2 100% 12 Plumbing Repipe $244 $250 98% $250 $6 100%
13 New HVAC / HVAC Change in Type - Residential $190 $195 98% $195 $5 100% 14 Ventilation Modifications $210 $215 98% $215 $5 100% 15 Electrical - New Fixtures/Receptacles $109 $111 98% $111 $3 100% 16 Mechanical - New Fixtures/Receptacles varies $111 98% $111 varies 100% 17 Plumbing - New Fixtures/Receptacles varies $111 98% $111 varies 100% 18 Electrical Panel Modification $338 $346 98% $346 $8 100% 19 Electrical Panel Change Out $181 $186 98% $186 $4 100% 20 New Washer/Dryer Hook Up $134 $138 98% $138 $3 100%
21 Electrical Wheelchair Lift $530 $543 98% $543 $13 100% 22 Temporary Power Pole $141 $145 98% $145 $3 100%
23 Re-Roof (Tile, Single-Ply) - First 1,000 SF $168 $173 98% $173 $4 100% 24 Re-Roof (Tile, Single-Ply) - Each Add'l 1,000 SF $33 $33 98% $33 $1 100% [b] 25 Re-Roof (All Other) - First 1,000 SF $204 $209 98% $209 $5 100% 26 Re-Roof (All Other) - Each Add'l 5,000 SF $33 $33 98% $33 $1 100% [b] 27 Fenestration - Skylights/Solartubes - Fire-Rated $190 $195 98% $195 $5 100% 28 Fenestration - Skylights/Solartubes - Non-Rated $143 $146 98% $146 $4 100% 29 Fenestration - Window Retrofit $156 $160 98% $160 $4 100% 30 Fenestration - Doors/Windows (One New - Framed) $224 $230 98% $230 $6 100% [c] 31 Structural, Drywall $149 $153 98% $153 $4 100%
32 Structural, Insulation, Drywall $217 $223 98% $223 $5 100% 33 Lath $236 $242 98% $242 $6 100%
34 Structural, Insulation, Lath $353 $362 98% $362 $9 100% 35 Structural, Insulation, Shear, Lath $584 $598 98% $598 $14 100% 36 Fire Sprinkler Plans - New $217 $223 98% $223 $5 100% 37 Fire Sprinkler Plans - Modified $136 $139 98% $139 $3 100% 38 Fire Assessment Review $196 $200 98% $200 $5 100%
39 Framing/Structural - 1 inspection $312 $320 98% $320 $8 100% [d] 40 Framing/Structural - 2 inspections $380 $390 98% $390 $9 100% [d] 41 Framing/Structural - 3 inspections $448 $459 98% $459 $11 100% [d] 42 Framing/Structural - More than 3 inspections
a) Base Fee (covers up to 3 inspections) $448 $459 98% $459 $11 100% [d] b) Each additional inspection $68 $70 98% $70 $2 100% [d] 43 Temporary Shade Structure (Commercial) $312 $320 98% $320 $8 100% 44 Patio/Balcony Cover/Enclosure - Standard, Open, Pre-Engineered $217 $223 98% $223 $5 100% 45 Patio/Balcony Cover/Enclosure - Standard, Enclosed, Pre-Engineered $326 $334 98% $334 $8 100% 46 Patio/Balcony Cover/Enclosure - Site Specific Engineering $550 $564 98% $564 $14 100% 47 Patio Conversion $1,087 $1,113 98% $1,113 $27 100%
City of Laguna Woods
Working Version of the Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items A - 28
ITEM 7.3 - Attachment A
Fee Description
Current
Fee
Est.
Cost of
Service
Current
Cost
Recovery
Modified Fee
Assuming Full
or Targeted
Cost Recovery
[a]
Increase
(Decrease)
Amount
Modified
Cost
Recovery Notes
City of Laguna Woods
Working Version of the Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 48 Atrium Conversion $1,087 $1,113 98% $1,113 $27 100%
49 Garage Conversion/Alteration $951 $974 98% $974 $23 100% 50 Alteration - Residential (Res.) Kitchen $421 $431 98% $431 $10 100% 51 Alteration - Res. Kitchen, plus HVAC OR Fenestration $489 $501 98% $501 $12 100% 52 Alteration - Res. Kitchen, plus HVAC AND Fenestration/Other $557 $571 98% $571 $14 100% [e] 53 Alteration - Res. Kitchen, plus 1 Bath $489 $501 98% $501 $12 100% 54 Alteration - Res. Kitchen, plus 2+ Bath (Includes bathroom splits) $557 $571 98% $571 $14 100% 55 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC OR Fenestration/Other $557 $571 98% $571 $14 100% [e] 56 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC OR Fenestration/Other $625 $640 98% $640 $15 100% [e] 57 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC AND Fenestration/Other $625 $640 98% $640 $15 100% [e] 58 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC AND Fenestration/Other
$693 $710 98% $710 $17 100% [e]
59 Alteration/Remodel - Res. 1 Bath $285 $292 98% $292 $7 100% 60 Alteration/Remodel - Res. 2+ Baths (includes bathroom splits) $421 $431 98% $431 $10 100% 61 Alteration - Res. 2+ Baths (incl. split), plus HVAC/Other $489 $501 98% $501 $12 100% [e] 62 Room Addition $978 $1,002 98% $1,002 $24 100%
63 Alteration/Remodel w/ Room Addition $1,386 $1,420 98% $1,420 $34 100% 64 Sign (Wall) - First $190 $195 98% $195 $5 100%
65 Sign (Wall) - Each Add'l $14 $14 98% $14 $0 100%
66 Sign (Monument) - First $312 $320 98% $320 $8 100%
67 Sign (Monument) - Each Add'l $27 $28 98% $28 $1 100% 68 Antenna - Telecommunications $598 $612 98% $612 $15 100% 69 Antenna - Equipment Shelter $285 $292 98% $292 $7 100% 70 Solar - Residential Systems (Expedited Process) $272 $278 98% $278 $7 100% [f] 71 Solar - Residential Systems (All Others) - See note for > 15kW or 10kWth $450 $501 90% $450 $0 90% [f] 72 Solar - Commercial Systems - See note for > 50kW or 30kWth $1,000 $1,420 70% $1,000 $0 70% [g] 73 Demolition - Residential $190 $195 98% $195 $5 100%
74 Demolition - Non-Residential $408 $418 98% $418 $10 100% 75 Certificate of Occupancy - Temporary $101 $103 98% $103 $2 100% 76 Certificate of Occupancy $304 $312 98% $312 $7 100%
77 Sleeping Room Covenant - Recording Fee $122 $125 98% $125 $3 100% 78 Miscellaneous/All Other - First Inspection $101 $103 98% $103 $2 100% 79 Miscellaneous/All Other - Each Add'l Inspection $68 $70 98% $70 $2 100% 80 Miscellaneous/All Other - Plan Check (Per Hr) $163 $167 98% $167 $4 100% 81 Plan Revision - Non-Structural - (Per Hr) $163 $167 98% $167 $4 100% 82 Plan Revision - Structural - (Per Hr) $163 $167 98% $167 $4 100% 83 Work Without Permit - Non-Destructive Inspection Required $217 $223 98% $223 $5 100% 84 Work Without Permit - Destructive Inspection Required $380 $390 98% $390 $9 100% 85 Re-Inspection - Missed Appointment $68 $70 98% $70 $2 100% 86 Inspection Outside of Normal Business Hours (Per Hr) $204 $209 98% $209 $5 100% 87 Expedited Plan Review of Residential Remodels 125% of standard
98% 125% of
standard fee
100%
88 Additional Inspections $101 $103 98% $103 $2 100%
89 Replacement Job Card $33 $33 98% $33 $1 100%
90 Permit Extension $82 $84 98% $84 $2 100%
91 Change of Contractor, Architect, Owner Processing $82 $84 98% $84 $2 100% 92 Expired Permit $163 $167 98% $167 $4 100%
93 Cancelled Permit Refund Processing Fee $82 $84 98% $84 $2 100% 94 Copy and Printing Charge $14 $14 98% $14 $0 100%
A - 29
ITEM 7.3 - Attachment A
Fee Description
Current
Fee
Est.
Cost of
Service
Current
Cost
Recovery
Modified Fee
Assuming Full
or Targeted
Cost Recovery
[a]
Increase
(Decrease)
Amount
Modified
Cost
Recovery Notes
City of Laguna Woods
Working Version of the Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 95 State Energy Form Assistance (Upon Request) (Per Page) $4 $42 10% $4 $0 10% 96 Building and Safety Appeal Application $163 $167 98% $167 $4 100% 97 Alternate Materials Method Review (Per Hr) $163 $167 98% $167 $4 100% Notes
*** The City Manager may waive building permit fees for activities associated with City projects or contracts. [d] Examples of items included in this fee include post, beam, beamtail, raftertail, corbel, shearpanel, and truss repair/replacement. [f] California Government Code Section 66015(a)(1), establishes maximum fees for residential solar energy systems. For photovoltaic systems, fees shall not exceed $450 plus $15 per kW for each kilowatt above 15kW. For thermal systems, fees shall not exceed $450, plus $15 per kWth for each kilowatt thermal above 10kWth. Fees in excess of these amounts require written findings and resolution or ordinance. [g] California Government Code Section 66015(b)(1), establishes maximum fees for commercial solar energy systems. Fees shall not exceed $1,000 for systems up to 50kW plus $7 per kilowatt for each kilowatt between 51kW and 250kW, plus $5 for each kilowatt above 250kW. For thermal systems, fees shall not exceed $1,000 up to the 30kWth, plus $7 per kWth for each kWth between the 30th and 260th kWth, plus $5 for each kWth above 260kWth. Fees in excess of these amounts require written findings and resolution or ordinance. * In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability. ** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability. [e] Other may include items such as water-heater change-out or water heater relocation, and/or minor hook-ups associated with the alteration or remodel. [b] For purposes of calculating re-roof fees, fractional square footages shall be rounded up to the nearest 1,000 SF. For example 1,600 SF shall be rounded to 2,000 SF.
[a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services.
However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City.
[c] For Installation of multiple doors or windows see Framing/Structural fees.
A - 30
ITEM 7.3 - Attachment A
Construction Class SqFt
Current
Fee
Est. Cost of
Svc
Current
Cost
Recovery
Modified Fee
Assuming Full or
Targeted
Cost Recovery
[a]
Increase
(Decrease)
Amount
Modified
Cost
Recovery
1 500 $2,445 $2,505 98% $2,505 $60 100%
2,000 $3,668 $3,758 98% $3,758 $90 100%
5,000 $4,890 $5,010 98% $5,010 $120 100%
10,000 $6,113 $6,263 98% $6,263 $150 100%
20,000 $8,150 $8,350 98% $8,350 $200 100%
> 20,000 varies varies deposit
2 100 $815 $835 98% $835 $20 100%
250 $1,223 $1,253 98% $1,253 $30 100%
500 $1,630 $1,670 98% $1,670 $40 100%
1,000 $2,038 $2,088 98% $2,088 $50 100%
2,500 $2,608 $2,672 98% $2,672 $64 100%
> 2,500 varies varies deposit
3 500 $3,912 $4,008 98% $4,008 $96 100%
2,000 $5,868 $6,012 98% $6,012 $144 100%
5,000 $7,824 $8,016 98% $8,016 $192 100%
10,000 $9,780 $10,020 98% $10,020 $240 100%
20,000 $13,040 $13,360 98% $13,360 $320 100%
> 20,000 varies varies deposit
4 250 $652 $668 98% $668 $16 100%
500 $978 $1,002 98% $1,002 $24 100%
1,000 $1,304 $1,336 98% $1,336 $32 100%
2,500 $1,630 $1,670 98% $1,670 $40 100%
5,000 $2,160 $2,213 98% $2,213 $53 100%
> 5,000 varies varies deposit
Notes
*** The City Manager may waive building permit fees for activities associated with City projects or contracts. ** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability. * In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability.
City of Laguna Woods
Working Version of the Schedule of Building Fees
New Construction and Non-Residential Tenant Improvements [a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services. However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City.
Shell Building
New Construction
Accessory/Utility
(e.g. Private garage, gatehouse)
New Construction
All Other
New Construction
Tenant Improvements
New Construction
A - 31
ITEM 7.3 - Attachment A
Fee Description
Current
Fee
Est.
Cost of
Service
Current
Cost
Recovery
Modified Fee
Assuming Full
or Targeted
Cost Recovery
Increase
(Decrease)
Amount
Modified
Cost
Recovery Notes
Fixed Fee Services
1 Film Permit $636 $644 99% $644 $8 100% [a]
2 Address Establishment/Change $398 $403 99% $403 $5 100% 3 Notice of Exemption $318 $322 99% $322 $4 100% [b]
4 Outdoor Seating Permit $398 $403 99% $403 $5 100%
5 Sign Permit - Part of Sign Program $119 $121 99% $121 $2 100% 6 Sign Permit - Permanent $318 $322 99% $322 $4 100%
7 Sign Permit - Temporary $80 $81 99% $81 $1 100%
8 Sign Permit - Community Facilities/Open Space Annual $80 $81 99% $81 $1 100% 9 Special Event Permit $318 $322 99% $322 $4 100%
10 Temporary Use Permit $636 $644 99% $644 $8 100%
11 Tree Removal Permit $239 $242 99% $242 $3 100%
12 Wireless Use Permit Filing Fee $1,829 $1,852 99% $1,852 $23 100% [c] 13 Eligible Facility Request Permit Filing Fee $1,352 $1,369 99% $1,369 $17 100% 14 Eligible Facility Request Permit Pre-Submittal Meeting $318 $322 99% $322 $4 100% 15 Zoning Confirmation Letter $199 $201 99% $201 $3 100% 16 Bingo Permit $50 n/a $50 $0 n/a [d]
17 Appeal (City Council) $750 $2,335 32% $750 $0 32%
Fee Description
Current
Initial
Deposit
Est.
Cost of
Service
Current
Cost
Recovery
Modified
Deposit [d]
Increase
(Decrease)
Modified
Cost
Recovery Notes
Deposit-Based Fee Services [e]
18 Change Plan $2,000 $2,576 99% $2,500 $500 100%
19 Conditional Use Permit $4,000 $4,629 99% $4,500 $500 100% 20 Development Agreement $10,000 $21,494 99% $10,000 $0 100% 21 Environmental Impact Report $10,000 varies 99% $10,000 $0 100% 22 General Plan Amendment $10,000 $21,172 99% $10,000 $0 100% 23 Zoning Code Amendment $10,000 $21,172 99% $10,000 $0 100% 24 Initial Study/Neg. Dec./Mitigated Neg Dec. $5,000 varies 99% $5,000 $0 100% 25 Sign Program $2,500 $3,059 99% $3,000 $500 100%
26 Site Development Permit $4,000 $4,508 99% $4,500 $500 100% 27 Lot Line Adjustment $2,000 $2,576 99% $2,500 $500 100% 28 Specific Plan $10,000 $21,494 99% $10,000 $0 100%
29 Variance $3,500 $4,025 99% $4,000 $500 100%
30 Zone Change $10,000 $18,757 99% $10,000 $0 100%
31 Other Services Not Identified varies varies 99% varies Notes
[a] Film permit fee applies for major filming (production). [b] A pass-through of any filing fees will also be collected from the applicant. [c] A pass-through of any noticing fees will also be collected from the applicant (e.g. mailing costs, newspaper publication). [d] Fee limited by California Penal Code Section 326.5. * The City Manager may waive planning fees for activities associated with City projects or contracts. [e] For deposit-based fees, the City intends to recover 100% of the costs of service including the actual costs of any contract service providers, internal City support, indirect costs, filing fees, and noticing fees.
City of Laguna Woods
Working Version of the Schedule of Planning Fees
** Deposit-based fee services include processing of the principal application and, when applicable, required landscape documentation packages and/or water quality management plans.
A - 32
ITEM 7.3 - Attachment A
Fee Description
Current
Fee
Est.
Cost of
Service
Modified Fee
Assuming Full
Cost Recovery Unit
Increase
(Decrease)
Amount
Modified
Cost
Recovery Notes
Encroachment Permits
Minor Projects
1 Landscape Maintenance $275 $282 $280 flat $5 99%
2 Temporary Staging $275 $282 $280 flat $5 99%
3 Traffic Control Only $370 $376 $375 flat $5 100%
4 Utilities Structure Inspection $460 $470 $470 flat $10 100% 5 Pole Replacement $460 $470 $470 flat $10 100%
Major Projects
6 Major Project [a]
a) First Day $740 $752 $750 flat $10 100%
b) Each Additional Day $275 $282 $280 per day $5 99%
7 Projects Greater Than Two Weeks in Duration $3,000 varies $3,000 deposit $0 100% Fee Description
Current
Fee
Est.
Cost of
Service
Modified Fee
Assuming Full
Cost Recovery Unit
Increase
(Decrease)
Amount
Modified
Cost
Recovery Notes
Grading Permits
1 Grading Plan Check and Inspection $2,500 varies $2,500 deposit varies 100%
Notes
* The City Manager may waive encroachment and grading permit fees for activities associated with City projects or contracts.
City of Laguna Woods
Working Version of the Schedule of Encroachment Permit and Grading Permit Fees [a] Major Projects include ground disturbing activities, projects lasting longer than three days, or projects that require permanent traffic control for the duration of the project (e.g. excavation, trenching, boring, etc.).
A - 33
ITEM 7.3 - Attachment A
Master Fee Schedule
A - 34
ITEM 7.3 - Attachment A
Fee Description
[a] Fee Assuming
Full or Targeted
Cost Recovery Notes
1 New or Existing Water Heater Change Out $103
2 Water Heater Relocation $181
3 Tub to Tub Insert Only $195
4 Tub to Tub Tile Back Only $264
5 Shower to Shower Insert Only $195
6 Shower to Shower Tile Only $334
7 Tub to Shower Only $334
8 Water/Drain Line (Install/Alter/Repair) w/out Structural $103 9 Water/Drain Line (Install/Alter/Repair) with Structural $264 10 Line Repair (CIPP)/Svc Install - First 30 LF $111
11 Line Repair (CIPP)/Svc Install - Each Add'l 30 LF $70 12 Plumbing Repipe $250
13 New HVAC / HVAC Change in Type - Residential $195
14 Ventilation Modifications $215
15 Electrical - New Fixtures/Receptacles $111
16 Mechanical - New Fixtures/Receptacles $111
17 Plumbing - New Fixtures/Receptacles $111
18 Electrical Panel Modification $346
19 Electrical Panel Change Out $186
20 New Washer/Dryer Hook Up $138
21 Electrical Wheelchair Lift $543
22 Temporary Power Pole $145
23 Re-Roof (Tile, Single-Ply) - First 1,000 SF $173
24 Re-Roof (Tile, Single-Ply) - Each Add'l 1,000 SF $33 [b] 25 Re-Roof (All Other) - First 1,000 SF $209
26 Re-Roof (All Other) - Each Add'l 5,000 SF $33 [b]
27 Fenestration - Skylights/Solartubes - Fire-Rated $195 28 Fenestration - Skylights/Solartubes - Non-Rated $146 29 Fenestration - Window Retrofit $160
30 Fenestration - Doors/Windows (One New - Framed) $230 [c] 31 Structural, Drywall $153
32 Structural, Insulation, Drywall $223
33 Lath $242
34 Structural, Insulation, Lath $362
35 Structural, Insulation, Shear, Lath $598
36 Fire Sprinkler Plans - New $223
37 Fire Sprinkler Plans - Modified $139
38 Fire Assessment Review $200
39 Framing/Structural - 1 inspection $320 [d]
40 Framing/Structural - 2 inspections $390 [d]
41 Framing/Structural - 3 inspections $459 [d]
City of Laguna Woods
Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items A - 35
ITEM 7.3 - Attachment A
Fee Description
[a] Fee Assuming
Full or Targeted
Cost Recovery Notes
City of Laguna Woods
Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 42 Framing/Structural - More than 3 inspections
a) Base Fee (covers up to 3 inspections) $459 [d]
b) Each additional inspection $70 [d]
43 Temporary Shade Structure (Commercial) $320
44 Patio/Balcony Cover/Enclosure - Standard, Open, Pre-Engineered $223 45 Patio/Balcony Cover/Enclosure - Standard, Enclosed, Pre-Engineered $334 46 Patio/Balcony Cover/Enclosure - Site Specific Engineering $564 47 Patio Conversion $1,113
48 Atrium Conversion $1,113
49 Garage Conversion/Alteration $974
50 Alteration - Residential (Res.) Kitchen $431
51 Alteration - Res. Kitchen, plus HVAC OR Fenestration $501 52 Alteration - Res. Kitchen, plus HVAC AND Fenestration/Other $571 [e] 53 Alteration - Res. Kitchen, plus 1 Bath $501
54 Alteration - Res. Kitchen, plus 2+ Bath (Includes bathroom splits) $571 55 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC OR Fenestration/Other $571 [e] 56 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC OR Fenestration/Other $640 [e] 57 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC AND Fenestration/Other $640 [e] 58 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC AND Fenestration/Other $710 [e] 59 Alteration/Remodel - Res. 1 Bath $292
60 Alteration/Remodel - Res. 2+ Baths (includes bathroom splits) $431 61 Alteration - Res. 2+ Baths (incl. split), plus HVAC/Other $501 [e] 62 Room Addition $1,002
63 Alteration/Remodel w/ Room Addition $1,420
64 Sign (Wall) - First $195
65 Sign (Wall) - Each Add'l $14
66 Sign (Monument) - First $320
67 Sign (Monument) - Each Add'l $28
68 Antenna - Telecommunications $612
69 Antenna - Equipment Shelter $292
70 Solar - Residential Systems (Expedited Process) $278 [f] 71 Solar - Residential Systems (All Others) - See note for > 15kW or 10kWth $450 [f] 72 Solar - Commercial Systems - See note for > 50kW or 30kWth $1,000 [g] 73 Demolition - Residential $195
74 Demolition - Non-Residential $418
75 Certificate of Occupancy - Temporary $103
76 Certificate of Occupancy $312
77 Sleeping Room Covenant - Recording Fee $125
78 Miscellaneous/All Other - First Inspection $103
79 Miscellaneous/All Other - Each Add'l Inspection $70
80 Miscellaneous/All Other - Plan Check (Per Hr) $167
A - 36
ITEM 7.3 - Attachment A
Fee Description
[a] Fee Assuming
Full or Targeted
Cost Recovery Notes
City of Laguna Woods
Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 81 Plan Revision - Non-Structural - (Per Hr) $167
82 Plan Revision - Structural - (Per Hr) $167
83 Work Without Permit - Non-Destructive Inspection Required $223 84 Work Without Permit - Destructive Inspection Required $390 85 Re-Inspection - Missed Appointment $70
86 Inspection Outside of Normal Business Hours (Per Hr) $209 87 Expedited Plan Review of Residential Remodels 125% of standard fee 88 Additional Inspections $103
89 Replacement Job Card $33
90 Permit Extension $84
91 Change of Contractor, Architect, Owner Processing $84 92 Expired Permit $167
93 Cancelled Permit Refund Processing Fee $84
94 Copy and Printing Charge $14
95 State Energy Form Assistance (Upon Request) (Per Page) $4 96 Building and Safety Appeal Application $167
97 Alternate Materials Method Review (Per Hr) $167
Notes
[a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services. However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City. [b] For purposes of calculating re-roof fees, fractional square footages shall be rounded up to the nearest 1,000 SF. For example 1,600 SF shall be rounded to 2,000 SF.
[d] Examples of items included in this fee include post, beam, beamtail, raftertail, corbel, shearpanel, and truss repair/replacement.
[c] For Installation of multiple doors or windows see Framing/Structural fees. [e] Other may include items such as water-heater change-out or water heater relocation, and/or minor hook-ups associated with the alteration or remodel.
[f] California Government Code Section 66015(a)(1), establishes maximum fees for residential solar energy systems. For photovoltaic systems, fees shall not exceed $450 plus $15 per kW for each kilowatt above 15kW. For thermal systems, fees shall not exceed $450, plus $15 per kWth for each kilowatt thermal above 10kWth. Fees in excess of these amounts require written findings and resolution or ordinance.
[g] California Government Code Section 66015(b)(1), establishes maximum fees for commercial solar energy systems. Fees shall not exceed $1,000 for systems up to 50kW plus $7 per kilowatt for each kilowatt between 51kW and 250kW, plus $5 for each kilowatt above 250kW. For thermal systems, fees shall not exceed $1,000 up to the 30kWth, plus $7 per kWth for each kWth between the 30th and 260th kWth, plus $5 for each kWth above 260kWth. Fees in excess of these amounts require written findings and resolution or ordinance.
* In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability. *** The City Manager may waive building permit fees for activities associated with City projects or contracts. ** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.
A - 37
ITEM 7.3 - Attachment A
Plan Check [a] Permit [a] Total [a]
Description
Project Size
Threshold
Base Fee
Assuming
Full or
Targeted
Cost
Recovery
Fee Per
Add'l 100 SF
Base Fee
Assuming
Full or
Targeted
Cost
Recovery
Fee Per
Add'l 100 SF
Base Fee
Assuming
Full or
Targeted
Cost
Recovery
Fee Per
Add'l 100 SF
1 500 $1,253 $29.23 $1,253 $54.28 $2,505 $83.50
2,000 $1,691 $18.79 $2,067 $22.96 $3,758 $41.75
5,000 $2,255 $11.27 $2,756 $13.78 $5,010 $25.05
10,000 $2,818 $5.22 $3,444 $15.66 $6,263 $20.88
20,000 $3,340 varies $5,010 varies $8,350 varies
> 20,000 varies varies varies
2 100 $292 $97.42 $543 $180.92 $835 $278.33
250 $438 $58.45 $814 $108.55 $1,253 $167.00
500 $585 $29.23 $1,086 $54.28 $1,670 $83.50
1,000 $731 $13.64 $1,357 $25.33 $2,088 $38.97
2,500 $935 varies $1,737 varies $2,672 varies
> 2,500 varies varies varies
3 500 $2,004 $46.76 $2,004 $86.84 $4,008 $133.60
2,000 $2,705 $30.06 $3,307 $36.74 $6,012 $66.80
5,000 $3,607 $18.04 $4,409 $22.04 $8,016 $40.08
10,000 $4,509 $8.35 $5,511 $25.05 $10,020 $33.40
20,000 $5,344 varies $8,016 varies $13,360 varies
> 20,000 varies varies varies
4 250 $234 $46.76 $434 $86.84 $668 $133.60
500 $351 $23.38 $651 $43.42 $1,002 $66.80
1,000 $468 $7.79 $868 $14.47 $1,336 $22.27
2,500 $585 $7.60 $1,086 $14.11 $1,670 $21.71
5,000 $774 varies $1,438 varies $2,213 varies
> 5,000 varies varies varies
* In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability.
City of Laguna Woods
Schedule of Building Fees - New Construction and Non-Residential Tenant Improvements Shell Building
New Construction
*** The City Manager may waive building permit fees for activities associated with City projects or contracts. [a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services. However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City.
Accessory/Utility
(e.g. Private garage,
gatehouse)
New Construction
All Other
New Construction
Tenant
Improvements
New Construction
** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.
A - 38
ITEM 7.3 - Attachment A
Fee Description Fee * Notes
Strong Motion Instrumentation Program (SMIP)
Fee Calculation
[a]
1 Residential (1-3 Story) $0.50 or valuation x 0.00013
2 Commercial or Residential (4+ Story) $0.50 or valuation x 0.00028 Building Standards Administration Special Revolving
Fund (SB 1473) Fee Calculation
[b]
3 Valuation:
a) $1 - $25,000 $1
b) $25,001 - $50,000 $2
c) $50,001 - $75,000 $3
d) $75,001 - $100,000 $4
e) Every $25,000 or fraction thereof above
$100,000
Add $1
Notes
[a] Source: California Public Resources Code Section 2705 [b] Source: California Health and Safety Code Section 18931.6 City of Laguna Woods
Schedule of Building Fees
* Project valuation shall be determined by project amount submitted by permit applicant, or most current International Code Council (ICC) published Building Valuation Table as published in the Building Safety Journal, or by RS Means Square Foot Costs Manual, where ICC data is not available.
A - 39
ITEM 7.3 - Attachment A
Fee Description
Fee Assuming
Full or Targeted
Cost Recovery Notes
Fixed Fee Services
1 Film Permit $644 [a]
2 Address Establishment/Change $403
3 Notice of Exemption $322 [b]
4 Outdoor Seating Permit $403
5 Sign Permit - Part of Sign Program $121
6 Sign Permit - Permanent $322
7 Sign Permit - Temporary $81
8 Sign Permit - Community Facilities/Open Space Annual $81 9 Special Event Permit $322
10 Temporary Use Permit $644
11 Tree Removal Permit $242
12 Wireless Use Permit Filing Fee $1,852 [c]
13 Eligible Facility Request Permit Filing Fee $1,369
14 Eligible Facility Request Permit Pre-Submittal Meeting $322 15 Zoning Confirmation Letter $201
16 Bingo Permit $50 [d]
17 Appeal (City Council) $750
Fee Description
Initial
Deposit [d] Notes
Deposit-Based Fee Services [e]
18 Change Plan $2,500
19 Conditional Use Permit $4,500
20 Development Agreement $10,000
21 Environmental Impact Report $10,000
22 General Plan Amendment $10,000
23 Zoning Code Amendment $10,000
24 Initial Study/Neg. Dec./Mitigated Neg Dec. $5,000
25 Sign Program $3,000
26 Site Development Permit $4,500
27 Lot Line Adjustment $2,500
28 Specific Plan $10,000
29 Variance $4,000
30 Zone Change $10,000
31 Other Services Not Identified varies
Notes
[a] Film permit fee applies for major filming (production). [b] A pass-through of any filing fees will also be collected from the applicant. [c] A pass-through of any noticing fees will also be collected from the applicant (e.g. mailing costs, newspaper publication). [d] Fee limited by California Penal Code Section 326.5.
City of Laguna Woods
Schedule of Planning Fees
[e] For deposit-based fees, the City intends to recover 100% of the costs of service including the actual costs of any contract service providers, internal City support, indirect costs, filing fees, and noticing fees. * The City Manager may waive planning fees for activities associated with City projects or contracts. ** Deposit-based fee services include processing of the principal application and, when applicable, required landscape documentation packages and/or water quality management plans.
A - 40
ITEM 7.3 - Attachment A
Fee Description
Fee Assuming
Full Cost
Recovery Unit Notes
Encroachment Permits
Minor Projects
1 Landscape Maintenance $280 flat
2 Temporary Staging $280 flat
3 Traffic Control Only $375 flat
4 Utilities Structure Inspection $470 flat
5 Pole Replacement $470 flat
Major Projects
6 Major Project [a]
a) First Day $750 flat
b) Each Additional Day $280 per day
7 Projects Greater Than Two Weeks in Duration $3,000 deposit Fee Description
Fee Assuming
Full Cost
Recovery Unit Notes
Grading Permits
1 Grading Plan Check and Inspection $2,500 deposit
Fee Description Fee Unit Notes
1 City Engineer $188 per hour
2 Other Staff/Outside Service Providers 100% of actual costs, plus indirect cost
rate
[a] Major Projects include ground disturbing activities, projects lasting longer than three days, or projects that require permanent traffic control for the duration of the project (e.g. excavation, trenching, boring, etc.).
City of Laguna Woods
Schedule of Encroachment Permit and Grading Permit Fees For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.
Notes
* The City Manager may waive encroachment and grading permit fees for activities associated with City projects or contracts.
A - 41
ITEM 7.3 - Attachment A
This page is intentionally blank.
ITEM 7.3 – 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, ADOPTING NEW AND INCREASED OR
MODIFIED BUILDING AND PLANNING SERVICES FEES, AND
ENCROACHMENT AND GRADING PERMIT FEES; AND
DETERMINING AND CERTIFYING THAT THIS ACTION IS NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS
WHEREAS, pursuant to applicable state law, cities may charge rates or fees that are equal to or less than the reasonably anticipated costs of providing the service, conferring a benefit, granting a privilege, performing regulatory duties, enforcing laws, or as a condition of property development; and
WHEREAS, California Health and Safety Code Section 17951.5 authorizes cities to waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability; and
WHEREAS, California Health and Safety Code Section 17951.7 authorizes cities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability, subject to the adoption of an ordinance to establish a standard application form that may be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability; and WHEREAS, the City retained a qualified consultant to prepare a Building, Planning, Encroachment, and Grading Permit Fee Study and Central Service Cost Allocation Plan and Indirect Cost Rate Calculation-Full Cost Plan upon which to base fee calculations. Both documents are now complete and were reviewed with the City Council and public at the regular meeting on June 21, 2023; and WHEREAS, the City Council conducted a duly noticed public hearing at its regular meeting on June 21, 2023 regarding the proposed adoption of new and increased or modified building, planning, encroachment, and grading permit fees; and
WHEREAS, public noticing for the aforementioned public hearing included ITEM 7.3 – Attachment B
R 23-XX 2 XX-XX-2023
publication of the notice in the Laguna Woods Globe on June 1, 2023 and June 8, 2023, posting of the notice on the City’s website beginning on June 1, 2023, and transmittal to those parties that requested such notification pursuant to California Government Code Section 66016; and
WHEREAS, the Building, Planning, Encroachment, and Grading Permit Fee Schedule attached hereto as Exhibit A; the Building, Planning, Encroachment, and Grading Permit Fee Study; and, the Central Service Cost Allocation Plan and Indirect Cost Rate Calculation-Full Cost Plan were made available to the public at or from City Hall and on the City’s website beginning on June 1, 2023; and WHEREAS, after consideration of the information provided by City staff, the information contained in the Building, Planning, Encroachment, and Grading Permit Fee Study and the Central Service Cost Allocation Plan and Indirect Cost Rate Calculation-Full Cost Plan, and all public comments and testimony received, the City Council finds that it is in the best interest of the City to adopt new and increase or modify fees for building, planning, encroachment, and grading permits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Building, Planning, Encroachment, and Grading Permit Fee Schedule attached hereto as Exhibit A is hereby adopted to be effective beginning on August 21, 2023. In adopting such fees, the City Council finds that the amount of the fees do not exceed the reasonable cost of providing the services for which the fees are charged, and relies in part on the Building, Planning, Encroachment, and Grading Permit Fee Study and the Central Service Cost Allocation Plan and Indirect Cost Rate Calculation-Full Cost Plan in making such findings.
SECTION 2. Upon the effective date of the Building, Planning, Encroachment, and Grading Permit Fee Schedule attached hereto as Exhibit A, all previous building, planning, encroachment, and grading permit fees adopted by resolution of the City Council shall be repealed.
SECTION 3. Upon the effective date of the Building, Planning, Encroachment, and Grading Permit Fee Schedule attached hereto as Exhibit A, the City Manager may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that ITEM 7.3 – Attachment B
R 23-XX 3 XX-XX-2023
disability, as provided for by California Health and Safety Code Section 17951.5.
SECTION 4. Upon the effective date of the City Council’s adoption of an ordinance as required by California Health and Safety Code Section 17951.7(b), the City Manager may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability, as provided for by California Health and Safety Code Section 17951.7.
SECTION 5. Upon the effective date of the Building, Planning, Encroachment, and Grading Permit Fee Schedule attached hereto as Exhibit A, the City Manager may waive building, planning, encroachment, and grading permit fees for activities associated with City projects or contracts.
SECTION 6. After reviewing the entire project record, the City Council hereby finds, determines, and certifies that it can be seen with certainty that this action is not subject to the California Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq.) (“CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3. CEQA Guideline section 15378(b)(4) excludes “government funding mechanisms or other government fiscal activities” from its definition of “project” when they “do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” as is the case here. Even if this action were subject to CEQA, it would be categorically exempt under CEQA Guideline section 15273, which applies to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City, when such charges are for the purpose of (1) meeting operating expenses, including employee wage rates and fringe benefits, and (2) purchasing or leasing supplies, equipment, or materials – as is the case with the building, planning, encroachment, and grading permit fees. Finally, this action is exempt from CEQA based on CEQA Guideline section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 7. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
ITEM 7.3 – Attachment B
R 23-XX 4 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:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
Fee Description
[a] Fee Assuming
Full or Targeted
Cost Recovery Notes
1 New or Existing Water Heater Change Out $103
2 Water Heater Relocation $181
3 Tub to Tub Insert Only $195
4 Tub to Tub Tile Back Only $264
5 Shower to Shower Insert Only $195
6 Shower to Shower Tile Only $334
7 Tub to Shower Only $334
8 Water/Drain Line (Install/Alter/Repair) w/out Structural $103 9 Water/Drain Line (Install/Alter/Repair) with Structural $264 10 Line Repair (CIPP)/Svc Install - First 30 LF $111
11 Line Repair (CIPP)/Svc Install - Each Add'l 30 LF $70 12 Plumbing Repipe $250
13 New HVAC / HVAC Change in Type - Residential $195
14 Ventilation Modifications $215
15 Electrical - New Fixtures/Receptacles $111
16 Mechanical - New Fixtures/Receptacles $111
17 Plumbing - New Fixtures/Receptacles $111
18 Electrical Panel Modification $346
19 Electrical Panel Change Out $186
20 New Washer/Dryer Hook Up $138
21 Electrical Wheelchair Lift $543
22 Temporary Power Pole $145
23 Re-Roof (Tile, Single-Ply) - First 1,000 SF $173
24 Re-Roof (Tile, Single-Ply) - Each Add'l 1,000 SF $33 [b] 25 Re-Roof (All Other) - First 1,000 SF $209
26 Re-Roof (All Other) - Each Add'l 5,000 SF $33 [b]
27 Fenestration - Skylights/Solartubes - Fire-Rated $195 28 Fenestration - Skylights/Solartubes - Non-Rated $146 29 Fenestration - Window Retrofit $160
30 Fenestration - Doors/Windows (One New - Framed) $230 [c] 31 Structural, Drywall $153
32 Structural, Insulation, Drywall $223
33 Lath $242
34 Structural, Insulation, Lath $362
35 Structural, Insulation, Shear, Lath $598
36 Fire Sprinkler Plans - New $223
37 Fire Sprinkler Plans - Modified $139
38 Fire Assessment Review $200
39 Framing/Structural - 1 inspection $320 [d]
40 Framing/Structural - 2 inspections $390 [d]
41 Framing/Structural - 3 inspections $459 [d]
City of Laguna Woods
Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 1 ITEM 7.3 - Exhibit A to Attachment B
Fee Description
[a] Fee Assuming
Full or Targeted
Cost Recovery Notes
City of Laguna Woods
Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 42 Framing/Structural - More than 3 inspections
a) Base Fee (covers up to 3 inspections) $459 [d]
b) Each additional inspection $70 [d]
43 Temporary Shade Structure (Commercial) $320
44 Patio/Balcony Cover/Enclosure - Standard, Open, Pre-Engineered $223 45 Patio/Balcony Cover/Enclosure - Standard, Enclosed, Pre-Engineered $334 46 Patio/Balcony Cover/Enclosure - Site Specific Engineering $564 47 Patio Conversion $1,113
48 Atrium Conversion $1,113
49 Garage Conversion/Alteration $974
50 Alteration - Residential (Res.) Kitchen $431
51 Alteration - Res. Kitchen, plus HVAC OR Fenestration $501 52 Alteration - Res. Kitchen, plus HVAC AND Fenestration/Other $571 [e] 53 Alteration - Res. Kitchen, plus 1 Bath $501
54 Alteration - Res. Kitchen, plus 2+ Bath (Includes bathroom splits) $571 55 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC OR Fenestration/Other $571 [e] 56 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC OR Fenestration/Other $640 [e] 57 Alteration - Res. Kitchen, plus 1 Bath, plus HVAC AND Fenestration/Other $640 [e] 58 Alteration - Res. Kitchen, plus 2+ Bath, plus HVAC AND Fenestration/Other $710 [e] 59 Alteration/Remodel - Res. 1 Bath $292
60 Alteration/Remodel - Res. 2+ Baths (includes bathroom splits) $431 61 Alteration - Res. 2+ Baths (incl. split), plus HVAC/Other $501 [e] 62 Room Addition $1,002
63 Alteration/Remodel w/ Room Addition $1,420
64 Sign (Wall) - First $195
65 Sign (Wall) - Each Add'l $14
66 Sign (Monument) - First $320
67 Sign (Monument) - Each Add'l $28
68 Antenna - Telecommunications $612
69 Antenna - Equipment Shelter $292
70 Solar - Residential Systems (Expedited Process) $278 [f] 71 Solar - Residential Systems (All Others) - See note for > 15kW or 10kWth $450 [f] 72 Solar - Commercial Systems - See note for > 50kW or 30kWth $1,000 [g] 73 Demolition - Residential $195
74 Demolition - Non-Residential $418
75 Certificate of Occupancy - Temporary $103
76 Certificate of Occupancy $312
77 Sleeping Room Covenant - Recording Fee $125
78 Miscellaneous/All Other - First Inspection $103
79 Miscellaneous/All Other - Each Add'l Inspection $70
80 Miscellaneous/All Other - Plan Check (Per Hr) $167
2 ITEM 7.3 - Exhibit A to Attachment B
Fee Description
[a] Fee Assuming
Full or Targeted
Cost Recovery Notes
City of Laguna Woods
Schedule of Building Fees - Mechanical, Electrical, Plumbing, and Miscellaneous Items 81 Plan Revision - Non-Structural - (Per Hr) $167
82 Plan Revision - Structural - (Per Hr) $167
83 Work Without Permit - Non-Destructive Inspection Required $223 84 Work Without Permit - Destructive Inspection Required $390 85 Re-Inspection - Missed Appointment $70
86 Inspection Outside of Normal Business Hours (Per Hr) $209 87 Expedited Plan Review of Residential Remodels 125% of standard fee 88 Additional Inspections $103
89 Replacement Job Card $33
90 Permit Extension $84
91 Change of Contractor, Architect, Owner Processing $84 92 Expired Permit $167
93 Cancelled Permit Refund Processing Fee $84
94 Copy and Printing Charge $14
95 State Energy Form Assistance (Upon Request) (Per Page) $4 96 Building and Safety Appeal Application $167
97 Alternate Materials Method Review (Per Hr) $167
Notes
[a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services. However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City. [b] For purposes of calculating re-roof fees, fractional square footages shall be rounded up to the nearest 1,000 SF. For example 1,600 SF shall be rounded to 2,000 SF.
[d] Examples of items included in this fee include post, beam, beamtail, raftertail, corbel, shearpanel, and truss repair/replacement.
[c] For Installation of multiple doors or windows see Framing/Structural fees. [e] Other may include items such as water-heater change-out or water heater relocation, and/or minor hook-ups associated with the alteration or remodel.
[f] California Government Code Section 66015(a)(1), establishes maximum fees for residential solar energy systems. For photovoltaic systems, fees shall not exceed $450 plus $15 per kW for each kilowatt above 15kW. For thermal systems, fees shall not exceed $450, plus $15 per kWth for each kilowatt thermal above 10kWth. Fees in excess of these amounts require written findings and resolution or ordinance.
[g] California Government Code Section 66015(b)(1), establishes maximum fees for commercial solar energy systems. Fees shall not exceed $1,000 for systems up to 50kW plus $7 per kilowatt for each kilowatt between 51kW and 250kW, plus $5 for each kilowatt above 250kW. For thermal systems, fees shall not exceed $1,000 up to the 30kWth, plus $7 per kWth for each kWth between the 30th and 260th kWth, plus $5 for each kWth above 260kWth. Fees in excess of these amounts require written findings and resolution or ordinance.
* In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability. *** The City Manager may waive building permit fees for activities associated with City projects or contracts. ** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.
3 ITEM 7.3 - Exhibit A to Attachment B
Plan Check [a] Permit [a] Total [a]
Description
Project Size
Threshold
Base Fee
Assuming
Full or
Targeted
Cost
Recovery
Fee Per
Add'l 100 SF
Base Fee
Assuming
Full or
Targeted
Cost
Recovery
Fee Per
Add'l 100 SF
Base Fee
Assuming
Full or
Targeted
Cost
Recovery
Fee Per
Add'l 100 SF
1 500 $1,253 $29.23 $1,253 $54.28 $2,505 $83.50
2,000 $1,691 $18.79 $2,067 $22.96 $3,758 $41.75
5,000 $2,255 $11.27 $2,756 $13.78 $5,010 $25.05
10,000 $2,818 $5.22 $3,444 $15.66 $6,263 $20.88
20,000 $3,340 varies $5,010 varies $8,350 varies
> 20,000 varies varies varies
2 100 $292 $97.42 $543 $180.92 $835 $278.33
250 $438 $58.45 $814 $108.55 $1,253 $167.00
500 $585 $29.23 $1,086 $54.28 $1,670 $83.50
1,000 $731 $13.64 $1,357 $25.33 $2,088 $38.97
2,500 $935 varies $1,737 varies $2,672 varies
> 2,500 varies varies varies
3 500 $2,004 $46.76 $2,004 $86.84 $4,008 $133.60
2,000 $2,705 $30.06 $3,307 $36.74 $6,012 $66.80
5,000 $3,607 $18.04 $4,409 $22.04 $8,016 $40.08
10,000 $4,509 $8.35 $5,511 $25.05 $10,020 $33.40
20,000 $5,344 varies $8,016 varies $13,360 varies
> 20,000 varies varies varies
4 250 $234 $46.76 $434 $86.84 $668 $133.60
500 $351 $23.38 $651 $43.42 $1,002 $66.80
1,000 $468 $7.79 $868 $14.47 $1,336 $22.27
2,500 $585 $7.60 $1,086 $14.11 $1,670 $21.71
5,000 $774 varies $1,438 varies $2,213 varies
> 5,000 varies varies varies
* In accordance with California Health and Safety Code Section 17951.5, the City may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability to accommodate that disability.
City of Laguna Woods
Schedule of Building Fees - New Construction and Non-Residential Tenant Improvements Shell Building
New Construction
*** The City Manager may waive building permit fees for activities associated with City projects or contracts. [a] The City uses specialized service providers to process certain building permitting activities. These specialized services include, but are not limited to, Building Official, permit counter, inspection, and plan review services. The modified fees are intended to reflect the estimated costs of all typical services. However, for projects requiring the use of outside service providers, or projects that are more complex than typical, the City will collect fees that represent the actual costs incurred by the City.
Accessory/Utility
(e.g. Private garage,
gatehouse)
New Construction
All Other
New Construction
Tenant
Improvements
New Construction
** In accordance with California Health and Safety Code Section 17951.7, the City may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.
4 ITEM 7.3 - Exhibit A to Attachment B
Fee Description Fee * Notes
Strong Motion Instrumentation Program (SMIP)
Fee Calculation
[a]
1 Residential (1-3 Story) $0.50 or valuation x 0.00013
2 Commercial or Residential (4+ Story) $0.50 or valuation x 0.00028 Building Standards Administration Special Revolving
Fund (SB 1473) Fee Calculation
[b]
3 Valuation:
a) $1 - $25,000 $1
b) $25,001 - $50,000 $2
c) $50,001 - $75,000 $3
d) $75,001 - $100,000 $4
e) Every $25,000 or fraction thereof above
$100,000
Add $1
Notes
[a] Source: California Public Resources Code Section 2705 [b] Source: California Health and Safety Code Section 18931.6 City of Laguna Woods
Schedule of Building Fees
* Project valuation shall be determined by project amount submitted by permit applicant, or most current International Code Council (ICC) published Building Valuation Table as published in the Building Safety Journal, or by RS Means Square Foot Costs Manual, where ICC data is not available.
5 ITEM 7.3 - Exhibit A to Attachment B
Fee Description
Fee Assuming
Full or Targeted
Cost Recovery Notes
Fixed Fee Services
1 Film Permit $644 [a]
2 Address Establishment/Change $403
3 Notice of Exemption $322 [b]
4 Outdoor Seating Permit $403
5 Sign Permit - Part of Sign Program $121
6 Sign Permit - Permanent $322
7 Sign Permit - Temporary $81
8 Sign Permit - Community Facilities/Open Space Annual $81 9 Special Event Permit $322
10 Temporary Use Permit $644
11 Tree Removal Permit $242
12 Wireless Use Permit Filing Fee $1,852 [c]
13 Eligible Facility Request Permit Filing Fee $1,369
14 Eligible Facility Request Permit Pre-Submittal Meeting $322 15 Zoning Confirmation Letter $201
16 Bingo Permit $50 [d]
17 Appeal (City Council) $750
Fee Description
Initial
Deposit [d] Notes
Deposit-Based Fee Services [e]
18 Change Plan $2,500
19 Conditional Use Permit $4,500
20 Development Agreement $10,000
21 Environmental Impact Report $10,000
22 General Plan Amendment $10,000
23 Zoning Code Amendment $10,000
24 Initial Study/Neg. Dec./Mitigated Neg Dec. $5,000
25 Sign Program $3,000
26 Site Development Permit $4,500
27 Lot Line Adjustment $2,500
28 Specific Plan $10,000
29 Variance $4,000
30 Zone Change $10,000
31 Other Services Not Identified varies
Notes
[a] Film permit fee applies for major filming (production). [b] A pass-through of any filing fees will also be collected from the applicant. [c] A pass-through of any noticing fees will also be collected from the applicant (e.g. mailing costs, newspaper publication). [d] Fee limited by California Penal Code Section 326.5.
City of Laguna Woods
Schedule of Planning Fees
[e] For deposit-based fees, the City intends to recover 100% of the costs of service including the actual costs of any contract service providers, internal City support, indirect costs, filing fees, and noticing fees. * The City Manager may waive planning fees for activities associated with City projects or contracts. ** Deposit-based fee services include processing of the principal application and, when applicable, required landscape documentation packages and/or water quality management plans. 6 ITEM 7.3 - Exhibit A to Attachment B
Fee Description
Fee Assuming
Full Cost
Recovery Unit Notes
Encroachment Permits
Minor Projects
1 Landscape Maintenance $280 flat
2 Temporary Staging $280 flat
3 Traffic Control Only $375 flat
4 Utilities Structure Inspection $470 flat
5 Pole Replacement $470 flat
Major Projects
6 Major Project [a]
a) First Day $750 flat
b) Each Additional Day $280 per day
7 Projects Greater Than Two Weeks in Duration $3,000 deposit Fee Description
Fee Assuming
Full Cost
Recovery Unit Notes
Grading Permits
1 Grading Plan Check and Inspection $2,500 deposit
Fee Description Fee Unit Notes
1 City Engineer $188 per hour
2 Other Staff/Outside Service Providers 100% of actual costs, plus indirect cost
rate
[a] Major Projects include ground disturbing activities, projects lasting longer than three days, or projects that require permanent traffic control for the duration of the project (e.g. excavation, trenching, boring, etc.).
City of Laguna Woods
Schedule of Encroachment Permit and Grading Permit Fees For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.
Notes
* The City Manager may waive encroachment and grading permit fees for activities associated with City projects or contracts. 7 ITEM 7.3 - Exhibit A to Attachment B
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8.1 CANNABIS RETAIL SALES BUSINESS
REGULATIONS
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ITEM 8.1
CC 06-21-2023 RM ITEM 8.1 – AR Page 1 of 8
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: June 21, 2023 Regular Meeting
SUBJECT: Cannabis Retail Sales Business Regulations
Recommendation
OPTION A: If the City Council wishes to proceed with adopting regulations that would permit cannabis retail sales businesses:
A1. Direct the City Manager to schedule a public hearing for the City Council to consider [i] adoption of an ordinance that would authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, and [ii] adoption of a resolution that would set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
AND/OR
A2. Provide the City Manager with input and direction regarding the preparation of [i] an ordinance that would – if adopted by the City Council at a future meeting – authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, and [ii] adoption of a resolution that would set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 ITEM 8.1
ITEM 8.1 – AR Page 2 of 8 CC 06-21-2023 RM
per square foot of floor area (annual tax rate) prorated monthly to onetwelfth of the annual tax rate amount.
OPTION B: If the City Council does NOT wish to proceed with adopting regulations that would permit cannabis retail sales businesses:
B1. Direct the City Manager not to schedule a public hearing for the City Council to consider [i] adoption of an ordinance that would authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, and [ii] adoption of a resolution that would set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
OR
B2. Request additional information from the City Manager and direct that this item be continued until such time as the additional information is available.
OR
B3. Take no action.
Background
At the regular meeting on January 18, 2023 – acting on a recommendation agendized by Councilmember Horne – the City Council voted unanimously to direct the City Manager to do the following:
1. Draft an ordinance for future consideration by the City Council that would – if adopted by the City Council at a future meeting – authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products.
AND
2. Draft a resolution for future consideration by the City Council that would – if approved by the City Council at a future meeting – set the rate of the ITEM 8.1
CC 06-21-2023 RM ITEM 8.1 – AR Page 3 of 8
cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, related to the City Council’s continued consideration of whether to authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products and, if so, at what cannabis business tax rate.
As staff has previously advised, cannabis (both medical and non-medical) is, and remains, illegal under federal law. While cannabis use has been decriminalized under state law (specifically, and most recently, under California’s voter-approved Proposition 64 (2016) (The Adult Use of Marijuana Act) and the Medicinal and Adult Use Cannabis Regulation and Safety Act, the latter an act of the California legislature that substantially revised cannabis laws subsequent to the approval of Proposition 64), cannabis remains classified as a Schedule 1 controlled substance under the federal Controlled Substances Act (21 USC §§ 801 et seq). The California Supreme Court has held that bans on cannabis dispensaries are permissible under a city’s inherent zoning power, but has, thus far, declined to reach the issue whether permitting such dispensaries would violate the Controlled Substances Act or California Government Code Section 371001 .
According to data published by the State of California’s Department of Cannabis Control,2 39% of cities and counties in California currently allow the retail sale of cannabis. In Orange County, the cities of Costa Mesa, Santa Ana, and Stanton allow retail (storefront) sale of cannabis.
In response to the City Council’s direction on January 18, 2023, staff has drafted the ordinance text included as Attachment A. While Measure T (codified at Laguna 1 California Government Code Section 37100, which relates broadly to cities’ legislative powers, provides: “The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.” 2 https://cannabis.ca.gov/cannabis-laws/where-cannabis-businesses-are-allowed/ [The California Department of Cannabis Control notes that the data on this webpage was updated in February 2023 and is based on information obtained from cities and counties.] ITEM 8.1
ITEM 8.1 – AR Page 4 of 8 CC 06-21-2023 RM
Woods Municipal Code Chapter 3.18, “Cannabis Business Tax”) allows the City Council to set the cannabis business tax rate by resolution or ordinance, after consideration, staff recommends that if the City Council elects to set a tax rate, that it be set by ordinance for ease of reference alongside other pertinent regulations.
While staff understands that the City Council is weighing numerous policy matters in considering whether to authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, staff continues to recommend that the City Council consider doing so only if and when cannabis is reclassified under the Controlled Substances Act.
Quick Reference
• Where could cannabis storefront retailers be located? o See subsection (e) on page 16 of Attachment A.
o Cannabis storefront retailers would generally be permitted in the “Community Commercial” and “Professional and Administrative Office” zoning districts, provided (i) they are located in standalone buildings (unless the cannabis storefront retailer is also the property owner, in which case other occupants would be permitted with the exception of the seven uses listed below and occupants that sell, dispense, distribute, or store alcoholic beverages), (ii) when access is taken from public streets, such access is exclusively from public streets within the majority jurisdiction of the City, and (iii) they are located at least 600 feet from parcels with any of the following uses3 :
1. Alcoholism or Drug Abuse Recovery or Treatment Facilities
2. Cannabis Storefront Retailers
3. Day Care Centers
4. Permanent Supportive Housing
5. Public Libraries
6. Public Recreational Facilities
7. Schools
Cannabis storefront retailers would also not be permitted on parcels with existing housing units or parcels identified in the General Plan Housing Element as potential housing sites for very low, low, and/or 3 California’s Proposition 64/California Business & Professions Code Section 26054(b) prohibits cannabis storefront retailers from being located “...within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center that is in existence at the time the license is issued...”
ITEM 8.1
CC 06-21-2023 RM ITEM 8.1 – AR Page 5 of 8
moderate income housing units. This is intended to promote housing conservation and ensure that sufficient adequate sites remain available at all times to meet remaining unmet housing needs, per California Government Code Section 65863 (“No Net Loss Law”).
o As the zoning district and distance limitations generally summarized in the previous bullet would effectively limit the number of cannabis storefront retailers, staff does not propose to limit cannabis storefront retailers to a specific number. The Laguna Woods Municipal Code does not currently limit any other business type to a specific number. o Based on staff’s assessment of existing conditions, cannabis storefront retailers would potentially be permitted on the following parcels:
Assessor’s Parcel Number Current Use
621-211-06 & 621-211-07 Home Depot
621-211-05 Rite Aid
621-211-04 Sabrosada
621-211-03 U.S. Bank
621-091-15 Helm Center
621-091-16 McCormick & Son Mortuary
With a 600 foot separation requirement between cannabis storefront retailers, only one to two of the first five parcels identified in the table above (Home Depot, Rite Aid, Sabrosada, and U.S. Bank) and one of the last two parcels (Helm Center and McCormick & Son Mortuary) would be able to potentially house a cannabis storefront retailer. • What operations requirements would be in place?
Topic Attachment A
Alcoholic Beverages See subsection (f)(1) on page 19
Amplified Sound See subsection (f)(2) on page 19
Cannabis Consumption and Use See subsection (f)(3) on page 20 City Regulatory Meetings See subsection (f)(4) on page 21 Classes, Seminars, and Workshops See subsection (f)(5) on page 21 Criminal Activity Notifications See subsection (f)(6) on page 21 Deliveries See subsection (f)(7) on page 21
Design Restrictions See subsection (f)(8) on page 22
Drive-Thru Facilities See subsection (f)(9) on page 22
Events See subsection (f)(10) on page 23
Graffiti See subsection (f)(11) on page 23
Hours of Operations See subsection (f)(12) on page 23
ITEM 8.1
ITEM 8.1 – AR Page 6 of 8 CC 06-21-2023 RM
Lighting Repair See subsection (f)(13) on page 24
Live Entertainment See subsection (f)(14) on page 24
Loitering and Outdoor Queuing See subsection (f)(15) on page 24 Minors See subsection (f)(16) on page 25
Odor Control See subsection (f)(17) on page 26
Outdoor Activities See subsection (f)(18) on page 27
Overnight Parking See subsection (f)(19) on page 27
Security Measures See subsection (f)(20) on page 28
Tobacco and Tobacco Cigarettes See subsection (f)(21) on page 31 Visible Cannabis Products See subsection (f)(22) on page 31 Waste and Recycling Receptacles See subsection (f)(23) on page 31 • What would be required to obtain a City commercial cannabis permit? o See subsection (c) on page 9 of Attachment A.
o City staff would issue a commercial cannabis permit to cannabis storefront retailers. Commercial cannabis permits would be ministerial in nature and be issued when certain information is provided. If the City Council elects to authorize cannabis storefront retailers, staff recommends leaving decisions regarding to whom property owners enter into lease agreements with to property owners and prospective tenants, as is the case with all other business types in Laguna Woods.
Staff has intentionally drafted an objective process for issuing commercial cannabis permits, complemented by a robust set of operations requirements that would apply to all cannabis storefront retailers equally (see previous bullet). Staff does not recommend that the City involve itself in screening applicants for commercial cannabis permits based on perceived “merit” or any other subjective factor. The City’s permitting requirements would be in addition to the State of California’s licensing requirements, which are generally summarized in an application checklist available at https://cannabis.ca.gov/wpcontent/uploads/sites/2/2023/04/Application-Checklist.pdf. o One party would be required to own at least 51% of each cannabis storefront retailer. This is intended to ensure that there is one party clearly in control of each cannabis storefront retailer for the benefit of both the permitting process and any subsequent enforcement action. o At least 50% of the owners of each cannabis storefront retailer would be required to own or have owned all or part of a business licensed by the State of California as a cannabis storefront retailer for a ITEM 8.1
CC 06-21-2023 RM ITEM 8.1 – AR Page 7 of 8
period of no less than two years prior to the date of application, during which time the license was not suspended or revoked. • What would the cannabis business tax rate be set at?
o See subsection (g) on page 32 of Attachment A.
o Consistent with the City Council’s direction on January 18, 2023, the cannabis business tax rate would be set at the higher of the following:
(a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
Such a rate is the highest the City Council could presently set under Measure T. The lowest possible cannabis business tax rate is the higher of the following: (a) 4% of gross receipts received or generated for each monthly reporting period, or (b) $5.00 per square foot of floor area (annual tax rate) up to a maximum tax rate prorated monthly to one-twelfth of the annual tax rate amount.
o Due to substantial uncertainty regarding costs associated with the authorization of cannabis storefront retailers, if the City Council elects to authorize cannabis storefront retailers, staff recommends that the tax rate be set at the highest possible under Measure T. • What violations and penalties would exist for non-compliance? o See subsection (h) on page 32 of Attachment A.
Fiscal Impact
The Fiscal Year 2022-23 General Fund budget contains sufficient funds to support the preparation of this ordinance.
As previously discussed in the draft Fiscal Years 2023-25 budget documents that were provided to the City Council as part of the May 31, 2023 agenda packet, if the City Council authorizes cannabis businesses, staff anticipates that additional code enforcement services will be necessary to assist with the administration of applicable Laguna Woods Municipal Code requirements and the collection of business tax proceeds. It is possible that all or a portion of the funds necessary to provide for such additional code enforcement services could be offset by cannabis business tax revenue, although the City would be required to front at least some of those costs during the period between the City Council’s authorization of cannabis storefront retailers and the date that the first cannabis storefront retailer(s) open ITEM 8.1
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and begin to collect and remit cannabis business tax proceeds.
Based on current code enforcement rates, and assuming adoption of an ordinance substantially similar to the draft attached hereto in or about August 2023, staff estimates that additional code enforcement costs would be approximately $56,680 for Fiscal Year 2023-24. Costs after Fiscal Year 2023-24 would likely be driven by the conduct of cannabis storefront retailers, but are not expected to decrease.
Attachment: A – Draft Ordinance Text
ITEM 8.1 – Attachment A
-1-
DRAFT
CODE AMENDMENTS
Number (178) is added to subsection (d) of Section 13.06.010 (“Definitions”) of Chapter 13.06 (“Definitions”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended as follows (additions shown with underlining):
(178) Cannabis storefront retailer: Any cannabis business that requires a Type 10 (storefront retailer) license from the California Department of Cannabis Control.
ITEM 8.1 – Attachment A
-2-
Section 13.08.010 (“Intent and permitted uses”) of Chapter 13.08 (“Residential Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining, deletions shown with strikethrough):
Districts
Land Use Types RMF RC RT Code References
Cannabis Storefront Retailer X X X 13.26.025
Marijuana Dispensary X X X 13.26.025
Tobacco and Tobacco Cigarette
Sales
X X X 7.16
ITEM 8.1 – Attachment A
-3-
The Permitted Commercial Uses Table in Section 13.10.020 (“Table of permitted uses”) of Chapter 13.10 (“Commercial Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended as follows (additions shown with underlining, deletions shown with strikethrough):
Districts
Land Use Types NC CC PA Code References
Cannabis Storefront Retailer X P P 13.26.025
Marijuana Dispensary X X X 13.26.025
Tobacco and Tobacco Cigarette
Sales
X U X 7.16
ITEM 8.1 – Attachment A
-4-
Section 13.12.020 (“Table of permitted uses”) of Chapter 13.12 (“Open Space Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining, deletions shown with strikethrough):
Districts
Land Use Types OS-P OS-R Code References
Cannabis Storefront Retailer X X 13.26.025
Marijuana Dispensary X X 13.26.025
Tobacco and Tobacco Cigarette
Sales
X X 7.16
ITEM 8.1 – Attachment A
-5-
Section 13.13.020 (“Table of permitted uses”) of Chapter 13.13 (“Community Facilities Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining, deletions shown with strikethrough):
Land Use Types Community Facilities Code References
Public/Institutional Private
Cannabis Storefront
Retailer
X X 13.26.025
Marijuana
Dispensary
X X 13.26.025
Tobacco and
Tobacco Cigarette
Sales
X X 7.16
ITEM 8.1 – Attachment A
-6-
Number (29) in the off-street parking requirements table in subsection (a) of Section 13.18.070 (“Off-street parking requirements”) of Chapter 13.18 (“OffStreet Parking Regulations”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended as follows (additions shown with underlining):
Use Minimum Parking Stalls
Required
(29) Retail stores:
General, except as otherwise
specified herein.
1 for each 200 square feet of
Gross Floor Area.
Cannabis storefront retailers. 1 for each 200 square feet of Gross Floor Area, plus 1 for
each delivery vehicle
regularly parked overnight
and 2 designated curbside
delivery parking spaces each
limited to 15 minutes or less
if curbside delivery is
offered.
Discount department stores. 1 for each 125 square feet of Gross Floor Area.
Furniture and appliances. 1 for each 500 square feet of Gross Floor Area.
ITEM 8.1 – Attachment A
-7-
Subsection (5)c. of Section 13.18.070 (“Off-street parking requirements”) of Chapter 13.18 (“Off-Street Parking Regulations”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining, deletions shown with strikethrough):
c. For all uses except cannabis storefront retailers, Aalternative vehicle parking spaces in-lieu may be substituted for standard spaces at a rate of ten percent of the total standard spaces in locations where ten or more parking spaces are required. The permitted amount of alternative vehicle spaces shall be calculated based on total spaces required rounded to the nearest whole space.
ITEM 8.1 – Attachment A
-8-
Section 13.26.025 (“Cannabis Storefront Retailers”) of Chapter 13.26 (“Special Regulations”) of Title 6 (“Businesses”) of the Laguna Woods Municipal Code, is hereby amended in its entirety to read as follows:
Sec. 13.26.025 - Cannabis storefront retailers.
(a) Purpose and Intent.
(1) The purpose of this section is to establish regulations for cannabis storefront retailers that are reasonable and necessary to protect public health and safety and reduce the potential for illegal and illicit activity within the City of Laguna Woods. This section is not intended to be exclusive and compliance with its provisions shall not excuse noncompliance with any federal, state, or other local laws. (2) This section is adopted and established pursuant to the specific authority granted to the City of Laguna Woods in Section 7 of Article XI of the California Constitution and California Business and Professions Code Section 26200.
(b) Definitions. For purposes of this section only, the following definitions shall apply, in addition to those set forth in Section 3.18.030 of this Code:
(05) Cannabis storefront retailer shall mean any cannabis business that requires a Type 10 (storefront retailer) license from the California Department of Cannabis Control.
(10) City shall mean the City of Laguna Woods.
(15) City Manager shall mean the City Manager of the City of Laguna Woods or his/her/their designee.
(20) Local law enforcement shall mean the Orange County Sheriff’s Department, or successor agency.
(25) Loitering shall have the same meaning as the term is defined in the California Penal Code, as amended from time to time or replaced with a successor statute. As of the date this chapter was adopted, the definition of “loitering” was set forth in California Penal Code § 647(h).
ITEM 8.1 – Attachment A
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(30) Private security shall mean security guards (i) employed by a state-licensed private patrol operator or private security employer to protect persons or property or prevent theft as defined in California Business and Professions Code Section 7582.1, as amended from time to time or replaced with a successor statute, (ii) registered with the California Bureau of Security and Investigative Services, or successor agency, and (iii) wearing uniforms clearly and legibly identifying the name of their employer and role as “security” and/or a security guard. This chapter does not prohibit security guards from being armed provided that such security guards possess valid California Bureau of Security and Investigative Services (BSIS) Firearms Permits and all applicable laws and regulations are complied with.
(c) City Permitting Requirements.
(1) No cannabis business shall operate as a cannabis storefront retailer without obtaining and holding in full force and effect a commercial cannabis permit from the City and such other City permits as may be required. Applications for commercial cannabis permits shall be reviewed for conformance with this section and acted upon administratively by the City Manager. When issued, commercial cannabis permits shall be valid for a period of one year (365 calendar days) or until the date that the commercial cannabis permit is suspended and/or revoked. If any of the information listed in this subsection becomes inaccurate or incomplete during the term of the commercial cannabis permit (e.g., when ownership changes), the commercial cannabis permit shall become invalid and subject to suspension and/or revocation unless and until all inaccurate and/or incomplete information is corrected and furnished to the City, on a form provided by the City, within 15 calendar days of the date the information became inaccurate and/or incomplete. Renewal applications for commercial cannabis permits must be made at least 60 calendar days in advance of the expiration date. In applying for commercial cannabis permits or renewals thereof, applicants shall furnish to the City a sworn statement, upon a form provided by the City, setting forth the following information:
a. The name of the business, including the legal name and any ITEM 8.1 – Attachment A
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fictitious business names under which the business is to be conducted;
b. The organizational structure type of the business (e.g., corporation, joint venture, limited liability company,
partnership, sole proprietorship, or trust);
c. The number the business will file federal taxes under (e.g., federal employer identification number, individual taxpayer identification number, social security number, or national identification number);
d. The legal name, mailing address, telephone number, and email address of the business’ primary point of contact for the City during processing of the permit application;
e. A complete list of every owner of the business, as defined by California Code of Regulations Section 15003, including legal name, mailing address, telephone number, and email address for each;
1. Proof that at least 51 percent of the business is owned by a single person;
2. Proof that at least half (50 percent) of the owners of the business (rounded up to the nearest whole person)
own or have owned all or part of a business licensed by the state as a cannabis storefront retailer for a period of no less than two years (730 calendar years) prior to the date of application, during which time the license was
not suspended or revoked;
f. A notarized statement from each owner of the business acknowledging that they have reviewed, had an opportunity to consult with legal counsel regarding, and agree to comply with this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, and all other applicable provisions of this Code and local laws;
g. A notarized statement from each owner of the business and ITEM 8.1 – Attachment A
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an authorized representative on behalf of the property owner of record for the parcel(s) where such business is to be carried on, acknowledging and agreeing that the City and its
authorized representatives shall have the right to access and enter the business and the parcel(s) where such business is to be carried on to make reasonable inspections scheduled in advance with either the owner of the business or the property owner of areas of the business and property not open to the public, or unscheduled inspections in areas open to the public (e.g., parking areas), to observe and enforce compliance with this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, and all other applicable provisions of this Code and local laws;
h. A notarized statement from an authorized representative on behalf of the property owner of record for the parcel(s) where such business is to be carried on acknowledging (i) the nature and kind of business to be conducted, and (ii) that they have reviewed, had an opportunity to consult with legal counsel, and agree to comply with this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, and all other applicable provisions of this Code and local laws;
i. The legal name, mailing address, telephone number, and email address of the agent for the service of process for the business;
j. The legal name, mailing address, telephone number, and email address of the agent for the service of process for the property owner of record for the parcel(s) where such business is to be carried;
k. A title report for the parcel(s) where such business is to be carried on, completed by a title company within the 120 calendar days prior to the date the application is received by the City;
l. A map exhibit prepared by professional land surveyor licensed to do business in California based on the title report required by the previous subsection depicting the limits of the ITEM 8.1 – Attachment A
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parcel(s) where such business is to be carried on, together with the limits of all easements on the property, immediately adjacent public streets and municipal boundary lines, overlaid on a scaled, aerial image of the area taken within the prior two years (730 days), as well as all associated shapefiles in their native electronic format;
m. Notarized statements by both the primary point of contact for the City during processing of the permit application and the single owner of at least 51 percent of the business reading “Under penalty of perjury, I hereby declare that the
information contained within and submitted with this
application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, and/or suspension or revocation of a permit issued”; and
n. Any additional information which the City Manager may require.
An annual application and routine inspection fee in an amount established by resolution of the City Council shall be presented with the sworn statement submitted under this subsection. This fee shall not be considered a tax and may be adjusted from time to time to fully compensate the City for commercial cannabis permit processing-related costs, as well as the cost of up to six routine inspections by the City related to the enforcement of this section, by resolution of the City Council. For the purpose of this subsection, “processing of payments” shall mean all functions and activities that the City determines reasonably necessary to facilitate the acceptance, review, accounting, and deposit of commercial cannabis permit payments including, without limitation, personnel, consultants, transportation, security, and merchant fees incurred by the City. For the purpose of this section, “costs” includes, but is not limited to, indirect, overhead, and interfund costs calculated in the same manner as could lawfully apply to the City's building permit fees. The City Council may establish separate annual application and routine inspection fees to account for differences in costs associated with the processing of payments made by currency or other payment instrument. In doing so, the City Council reserves the discretion to ITEM 8.1 – Attachment A
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limit and adjust the types of payments that it will accept and under what terms and conditions.
The City Council or City Manager may suspend, revoke, or refuse to renew a commercial cannabis permit for any cannabis storefront retailer that (i) is found to have submitted incomplete, untrue, or inaccurate information in its application for such permit, or (ii) remains in violation of any provision of this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, or any other applicable provision of this Code or local law for a period in excess of 15 calendar days after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process. During the aforementioned 15 calendar day period, the cannabis storefront retailer may provide the City party who issued the notice of violation with evidence contesting the violation. The City party who issued the notice of violation shall consider such evidence prior to suspending, revoking, or refusing to renew a commercial cannabis permit. A decision of either the City Council or City Manager to suspend, revoke, or refuse to renew a commercial cannabis permit is final and non-appealable.
Commercial cannabis permits do not run with the land, are particular to a location, and are not transferrable to new cannabis businesses or new locations for existing cannabis businesses. Any cumulative change in ownership greater than 50 percent from the ownership information provided with the original application for a commercial cannabis permit shall require a new commercial cannabis permit.
Cannabis businesses that experience cumulative changes in ownership greater than 50 percent from the ownership information provided with the original application for a commercial cannabis permit must cease to operate immediately upon such change in ownership until such time as a new commercial cannabis permit is issued (if such a permit is issued).
At all times during the term of the commercial cannabis permit, at ITEM 8.1 – Attachment A
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least half (50 percent) of the owners of the business (rounded up to the nearest whole person) must own or have owned all or part of a business licensed by the state as a cannabis storefront retailer for a period of no less than two years (730 calendar years), during which time the license was not suspended or revoked. Commercial cannabis permits shall become subject to suspension and/or revocation if, at any point during a term thereof, ownership changes in a manner that results in less than half of the owners of the business (rounded up to the nearest whole person) meeting this requirement.
(2) City Permitting Requirements – Insurance and Indemnification.
As a condition of approval of any commercial cannabis permit, the business and the property owner of record shall:
a. Execute an agreement indemnifying the City, its respective elected and appointed boards, officials, officers, agents, employees, and volunteers from any claims, damages, injuries, and liabilities of any kind associated with the permitting or operation of the cannabis storefront retailer, including without limitation, the prosecution of the property owner of record, the cannabis storefront retailer, and/or the cannabis storefront retailer’s customers, for violation of federal or state laws; b. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his/her/their designee; c. Name the City, its respective elected and appointed boards, officials, officers, agents, employees, and volunteers as additionally insured on all City required insurance policies; d. Agree to defend, at its sole expense, any action against the City and/or its respective elected boards, appointed boards, officials, officers, agents, employees and/or volunteers related to this section, Chapter 3.18 of this Code, and/or the City’s approval of a commercial cannabis permit; and
e. Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this section, Chapter 3.18 ITEM 8.1 – Attachment A
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of this Code, and/or the City’s approval of a commercial cannabis permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
(3) City Permitting Requirements – Site Development Permit. In addition to the requirements of this section, cannabis storefront retailers must obtain a site development permit from the City in accordance with Section 13.24.020 of this Code to establish such use.
Such site development permit must be obtained prior to or concurrently with the issuance of the first commercial cannabis permit from the City for a particular location. Cannabis storefront retailers shall cease operations immediately if their site development permit has lapsed, been revoked, or is otherwise no longer valid.
Cannabis storefront retailers shall comply with the conditions and requirements of their site development permits prior to engaging in the on-site, retail sale of cannabis and at all times thereafter.
In addition to other application materials that may be required for site development permits, applicants for site development permits to establish a cannabis storefront retailer use shall submit the following to the City:
a. A title report for the parcel(s) where such business is to be carried on, completed by a title company within the 120 calendar days prior to the date the application is received by the City; and
b. A map exhibit prepared by professional land surveyor licensed to do business in California based on the title report required by the previous subsection depicting the limits of the parcel(s) where such business is to be carried on, together with the limits of all easements on the property, immediately adjacent public streets and municipal boundary lines, overlaid on a scaled, aerial image of the area taken within the prior two years (730 days), as well as all associated shapefiles in their native electronic format.
(d) State Licensing Requirements. No cannabis business shall operate as a ITEM 8.1 – Attachment A
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cannabis storefront retailer without obtaining and holding in full force and effect a Type 10 (storefront retailer) license from the California Department of Cannabis Control and such other state licenses as may be required.
While cannabis storefront retailers may hold additional licenses from the California Department of Cannabis Control, only the activities permitted under a Type 10 (storefront retailer) may be conducted within the City of Laguna Woods.
(e) Location Requirements. A cannabis storefront retailer may only operate on a site that meets all of the requirements listed below in this subsection at the time its application for a new commercial cannabis permit is deemed complete by the City. For the purpose of this subsection, “site” shall include, both individually and collectively, all of the parcels on which the cannabis storefront retailer will operate including, but not limited to, parcels that contain the business’ buildings, driveways, parking areas, landscaping, and trash enclosures.
(1) The site is designated “Commercial” in the Laguna Woods General Plan;
(2) The site is zoned as “Community Commercial” or “Professional and Administrative Office” in this Code;
(3) The size and boundary lines of the parcel(s) on which the site is located have not been modified within the prior year (365 calendar days);
(4) The site contains no nonconforming uses or structures; (5) The site takes access exclusively from public streets within the majority jurisdiction of the City. This subsection is not intended to preclude accessibility from private streets, but rather, to ensure that all adjacent or adjoining public streets are within the majority jurisdiction of the City. For the purpose of this subsection, no portion of Avenida de la Carlota, Laguna Hills Drive, Paseo de Valencia, or Ridge Route Drive shall be considered to be within the majority jurisdiction of the City;
(6) The site’s driveways providing ingress or egress to public streets, if any, are constructed in accordance with County of Orange OC ITEM 8.1 – Attachment A
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Public Works Department Standard Plan #1209. To the extent that reconstruction of driveways and/or adjacent sidewalks is required to comply with this subsection, such reconstruction shall be undertaken (i) at no cost to the City, (ii) after obtaining all necessary City permits and permits from other government agencies, and (iii) in accordance with the terms and conditions of all City permits required to conduct work on, or reconstruct, property under the control, operation, or management of the City (if applicable). To the extent that such reconstruction results in all or a portion of any driveway or adjacent sidewalk extending beyond the City’s existing public street easements or right-of-way, the property owner of record of the applicable parcel(s) shall grant to the City an irrevocable public street easement for that part of the driveway and adjacent sidewalk;
(7) Alcoholism or Drug Abuse Recovery or Treatment Facilities. The site is not located within 600 feet of a parcel on which an “alcoholism or drug abuse recovery or treatment facility,” as defined in California Health and Safety Code Section 11834.02, is located, as measured from the outermost boundary lines of the closest parcels; (8) Cannabis Storefront Retailers. The site does not contain any other cannabis storefront retailers and is not located within 600 feet of a parcel on which another cannabis storefront retailer is located, as measured from the outermost boundary lines of the closest parcels; (9) Day Care Centers. The site is not located within 600 feet of a non-residential zoned parcel on which a child care-infant center, child care center, child care center preschool, or family child care home licensed by the California Department of Social Services is located, as measured from the outermost boundary lines of the closest parcels;
(10) Housing. The site does not contain any existing housing units; (11) Permanent Supportive Housing. The site is not located within 600 feet of a parcel on which “supportive housing,” as defined in California Health and Safety Code Section 50675.14, is located, as measured from the outermost boundary lines of the closest parcels; (12) Public Libraries. The site is not located within 600 feet of a ITEM 8.1 – Attachment A
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parcel on which a public library, which is under the control, operation or management of the County of Orange, is located, as measured from the outermost boundary lines of the closest parcels; (13) Public Recreational Facilities. The site is not located within 600 feet of a parcel on which a community center, park, playground, pool, sports court, sports field, or similar recreational facility (excluding parcels on which the primary use is a golf course), which is under the control, operation or management of the City, County of Orange, City of Aliso Viejo, City of Irvine, City of Laguna Beach, or City of Laguna Hills, is located, as measured from the outermost boundary lines of the closest parcels;
(14) Schools. The site is not located within 600 feet of a parcel on which an institution of learning for minors, whether public or private, which offers in-person instruction in grades K through 12 in those courses of study required by the California Education Code, and is licensed by the California Board of Education, as measured from the outermost boundary lines of the closest parcels. This includes kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the California Department of Education, but does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university; and (15) Potential Very Low, Low, and/or Moderate Housing. The site is not identified in the City’s existing General Plan Housing Element, or any General Plan Housing Element under review by the State of California, as a potential housing site with realistic development capacity to accommodate very low, low, and/or moderate income housing units.
For the purpose of subsections (7)-(14) herein, such uses shall be deemed to exist if (i) currently operating, or (ii) the City has issued a commercial cannabis permit and/or has issued any building permit for the initial construction or improvement thereof and such permit is valid.
Cannabis storefront retailers shall be the only occupant of the parcel(s) on which they are located unless the parcel(s) is (are) owned by the cannabis storefront retailer (as substantiated by the title report required by ITEM 8.1 – Attachment A
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subsection), in which case there may be additional occupants provided that none of the other occupants are any of the uses identified in subsections (7)-(14) herein, nor do any of the other occupants sell, dispense, distribute, or store alcoholic beverages either at the time of the issuance of the first commercial cannabis permit from the City or at any point thereafter. Where specified, portions of this section apply to both the cannabis storefront retailer and all other uses on the parcel(s).
(f) Operations Requirements. Prior to engaging in the on-site, retail sale of cannabis and at all times thereafter, cannabis storefront retailers shall comply with all of the following operations requirements, in addition to all other applicable requirements of this Code:
(1) Alcoholic Beverages.
a. Cannabis storefront retailers shall not engage in the sale, dispensing, distribution, or storage of alcoholic beverages. b. Cannabis storefront retailers shall actively monitor and prevent the consumption, sale, dispensing, distribution, or storage of alcoholic beverages on the parcel(s) on which they are located. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement.
(2) Amplified Sound.
a. Cannabis storefront retailers shall not use amplified sound on – or in a manner audible on – exterior areas on the parcel(s) on which they are located including. For the purpose of this subsection, “amplified sound” shall mean sound whose volume is increased by any electric, electronic, mechanical, or motorpowered means including, but not limited to, amplifiers, megaphones, public address systems, radios, speakers, stereos, and similar equipment. This subsection shall not apply to (i) computers, telephones, and other equipment when amplified sound is only audible to individuals wearing earbuds,
ITEM 8.1 – Attachment A
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earphones, or similar personal, wearable technology or (ii) alarms and similar warning systems. For the purpose of this section, amplified sound shall be deemed to be audible on exterior areas including, but not limited to, when doors or windows are open even temporarily in such a way that
amplified sound emanating from the cannabis storefront retailer is audible immediately outside such door or window.
b. Cannabis storefront retailers shall actively monitor and prevent the use of amplified sound on – or in a manner audible on – exterior areas on the parcel(s) on which they are located.
For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection including, but not limited to, amplified sound emanating from vehicles in the parking lot. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement when such amplified sound can be reasonably construed to violate California Penal Code Section 415 and requiring that other violators immediately leave the parcel(s) on which the cannabis storefront retailer is located.
(3) Cannabis Consumption and Use. Cannabis storefront retailers shall actively monitor and prevent the consumption or use of cannabis on the parcel(s) on which they are located. This includes, but is not limited to, the consumption or use of cannabis by customers or other persons for any purpose, whether purchased from the cannabis storefront retailer or not, and the prohibition of any samples of cannabis for on-site consumption for any purpose. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:
a. Posting at each entrance and exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that the ITEM 8.1 – Attachment A
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consumption or use of cannabis on the parcel(s) (including, specifically, in the building(s) and parking lot(s)) is illegal and that violators will be reported to local law enforcement; and b. Not selling or distributing food or beverages, or encouraging the same. This includes, but is not limited to, providing food establishment or restaurant-type facilities (e.g., coffee stations, cooking equipment or devices, or dining areas), foodware accessories or condiments, food or drink vending machines, or food trucks, except that cannabis storefront retailers may provide complimentary water drinking fountains, water, and ice for use and consumption by all persons, as well as break room and kitchenette space for its employees only.
(4) City Regulatory Meetings. Upon request, cannabis storefront retailers shall participate in meetings with the City Manager and his/her/their invitees on a quarterly or more frequent basis to review and discuss commercial cannabis permit requirements, security concerns, complaints received, and other matters determined at the discretion of the City Manager. The time, place, and manner of such meetings, as well as the required attendance (management and/or ownership), shall be determined at the discretion of the City Manager. (5) Classes, Seminars, and Workshops. Cannabis storefront retailers may offer classes, seminars, workshops, and similar educational events related to cannabis but only in fully enclosed, interior spaces on the parcel(s) on which they are located, and provided such educational events do not require event licenses from the state Department of Cannabis Control.
(6) Criminal Activity Notifications. Cannabis storefront retailers shall immediately report to local law enforcement any known or suspected crime occurring on the parcel(s) on which the cannabis storefront retailer is located including, but not limited to, burglary or theft of any cannabis or cannabis product, and disturbances of the peace. (7) Deliveries. Cannabis storefront retailers shall schedule incoming deliveries of cannabis and cannabis products to occur outside of peak hours of operation within the hours of 7 a.m. and 10 p.m., Monday through Sunday, unless the parcel(s) on which they are located is (are) ITEM 8.1 – Attachment A
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located within 600 feet of a residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, in which case deliveries shall be scheduled to occur outside of peak hours of operation within the hours of 8 a.m. and 8 p.m., Monday through Sunday.
(8) Design Restrictions. In addition to design restrictions found elsewhere in this Code, cannabis storefront retailers shall not engage in retail sales on a parcel with any of the following on any building, facility, sign, or structure thereon:
a. Bars, whether on or over doors, windows, or other surfaces, installed on the exterior;
b. Chain link, plastic, vinyl, or woven wire fencing or gates including, but not limited to, fencing or gates of any kind with plastic or vinyl privacy inserts;
c. Barbed tape, barbed wire, wire, razor wire, and similar security treatments on the interior or exterior;
d. Balloons, confetti, feather flags, inflatable tubes, pennants, streamers, and similar decorations on the exterior;
e. Exposed electrical conduits or raceways on the exterior; f. Fluorescent, luminescent, neon, or sparking exterior paint; g. More than two colors on any single exterior sign;
h. Neon tubing visible from the exterior, whether such neon tubing is located on the interior or exterior;
i. Lighting colors other than white on the exterior, with the exception of internally illuminated permanent signs; or j. Rope or string lighting visible from the exterior, whether such rope or string lighting is located on the interior or exterior. (9) Drive-Through Facilities. Cannabis storefront retailers shall not ITEM 8.1 – Attachment A
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use drive-through facilities (e.g., canopies intended to shield vehiclebased transactions, order stations, menu boards, queuing lanes, or windows) in their operation nor provide any such facilities on-site.
Compliance with this subsection requires the removal of drivethrough facilities associated with previous drive-through uses and the integration of former queuing lane areas into the site in a manner that can reasonably be seen to discourage loitering and outdoor queuing, as well as illegal, criminal, and nuisance activities.
(10) Events. Cannabis storefront retailers shall not be eligible to apply for any event licenses from the state Department of Cannabis Control for cannabis events occurring within the City of Laguna Woods. (11) Graffiti. Cannabis storefront retailers shall remove graffiti within 24 hours after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process. For the purpose of this subsection, “remove graffiti” shall mean returning the surface to which graffiti was applied to its previous condition, including matching its color and texture to adjacent surfaces in a manner that is generally indistinguishable when viewed by an average person at a distance of 10 feet. Cannabis storefront retailers may wish to use antigraffiti coatings to aid in compliance with this subsection. (12) Hours of Operation. Cannabis storefront retailers shall not engage in the on-site, retail sale of cannabis nor be open to any member of the public outside of the hours of 6 a.m. to 10 p.m., Monday through Sunday, unless the parcel(s) on which they are located is (are) located within 600 feet of a residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, in which case cannabis storefront retailers shall not engage in the on-site, retail sale of cannabis nor be open to any member of the public outside of the hours of 7 a.m. to 9 p.m. For the purpose of this section, all on-site retail sales transactions must be complete by the closing hours specified in this subsection.
ITEM 8.1 – Attachment A
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(13) Lighting Repair. Cannabis storefront retailers shall repair malfunctioning or inoperable exterior lights and lighting directly permitted by the City with permanent signs within 48 hours after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process.
(14) Live Entertainment. Cannabis storefront retailers shall not use live entertainment in any part of their operation on the parcel(s) on which they are located. This includes, but is not limited to, auctioneers, bands, celebrity appearances, comedians, dancers, disc jockeys, musicians, performers, and trivia masters, as well as communal gatherings such as art exhibitions, gaming, movie screenings, sporting, and viewing parties.
(15) Loitering and Outdoor Queuing. Cannabis storefront retailers shall actively monitor and prevent persons from loitering on the parcel(s) on which they are located. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:
a. Posting at each entrance and exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that loitering on and around the parcel(s) is prohibited by California Penal Code Section 647(e) and that violators will be reported to local law enforcement;
b. Ensuring that any reception or screening areas through which persons must pass to gain access to the retail area of the cannabis storefront retailer contain sufficient space and seating to accommodate at least 20 percent of the maximum California ITEM 8.1 – Attachment A
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Building Standards Code-permitted occupancy of the retail area, rounded up to the nearest whole person (e.g., if the maximum occupancy of the retail area is 52 persons, reception or screening areas must contain space and seating for at least 11 persons);
c. Requiring that persons wishing to gain access to the retail area of the cannabis storefront retailer for whom there is insufficient room in reception or screening areas to
accommodate immediately leave the parcel(s) on which the cannabis storefront retailer is located (unless patronizing another occupant of the parcel(s)) and return in no less than 2 hours unless the cannabis storefront retailer has provided individual notification to them via telephone, text message, or email that there is now sufficient room in reception or screening areas;
d. Providing no outdoor seating, whether temporary or
permanent, nor any retaining walls, ornamental fixtures, or similar features at a height of 18 to 30 inches with a width greater than five inches, which are located within 100 feet of any entrance or exit to the cannabis storefront retailer and can reasonably be seen to accommodate or encourage seating, with such determination of reasonability made by the City Manager; e. Providing no fireplaces, fire pits, fire rings, open flames, or similar devices, whether temporary or permanent, on the exterior of the cannabis storefront retailer; and
f. Providing no ornamental water features, whether temporary or permanent, on the exterior of the cannabis storefront retailer. (16) Minors. Cannabis storefront retailers shall actively monitor and prevent persons under the age of 21 from being allowed within the cannabis storefront retailer, except as otherwise specifically provided for by state law. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement and at minimum ITEM 8.1 – Attachment A
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all of the following:
a. Not employing or allowing any person under the age of 21 to volunteer, apprentice, or otherwise work or provide services on behalf of the cannabis storefront retailer on the parcel(s) on which they are located;
b. Posting at each entrance to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that no person under the age of 21 may enter the cannabis storefront retailer except as specifically provided for by state law;
c. Posting at each exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that the secondary sale, barter, or distribution of adult-use cannabis is prohibited by state law and that violators will be reported to local law enforcement; and
d. Verifying the age of every person, other than employees, requesting to enter the retail area of the cannabis storefront retailer with an electronic age verification device, prior to granting each and every such entry. The electronic age
verification device may be mobile or fixed, and shall be able to produce retain a log of all scans that includes the following information: date, time, and age. Said log shall be retained for at least 180 calendar days.
(17) Odor Control. Cannabis storefront retailers shall develop, implement, and actively monitor systems and practices to contain cannabis and cannabis-related odors within the cannabis storefront retailer. No cannabis or cannabis-related odor shall be detectable on the exterior of the cannabis storefront retailer or in any interior area accessible in common by any person or other business. Such minimum odor control systems and practices shall include, but not be limited to, the following:
ITEM 8.1 – Attachment A
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a. An exhaust air filtration system with odor control that prevents internal cannabis and cannabis-related odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis storefront retailer’s interior and exterior.
(18) Outdoor Activities. Cannabis storefront retailers are prohibited from using any exterior area for display, storage, or special events, the latter as defined by Section 7.20.020 of this Code, subject only to the exemptions set forth in sections 7.20.180(c) and (g) of this Code, except as provided herein. This subsection is not intended to preclude temporary uses as may be allowed by Chapter 13.10 of this Code or the display of signage as may be allowed by Chapter 13.20 of this Code, except as otherwise provided herein.
(19) Overnight Parking. Cannabis storefront retailers shall actively monitor and prevent vehicles not belonging to employees or used regularly for the delivery of cannabis products on behalf of the cannabis storefront retailer to park at the cannabis storefront retailer between the hours of 10 p.m. and 5 a.m. daily. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection, including conducting an on-site inspection at least every 60 minutes during the hours of 10 p.m. and 5 a.m. daily and maintaining detailed records to substantiate the same. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement, and expeditiously posting notices and towing vehicles in a manner consistent with the California Vehicle Code and other applicable laws. This requirement may alternatively be met by restricting access to the parking lots between the hours of 10 p.m. and 5 a.m. daily through the use of locking, permanent barrier gates; locking, ground-sleeved, removable bollards; or, similar access control systems that are configured in a manner that does not prohibit timely ingress/egress by emergency response vehicles. The use of cones, delineators, portable barricades, tape, or similar temporary traffic control devices does not satisfy this requirement.
a. Locking, permanent barrier gates; locking, ground-sleeved ITEM 8.1 – Attachment A
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removable bollards; and, similar access control systems shall be color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an appearance as possible.
b. Locking, permanent barrier gates; locking, ground-sleeved, removable bollards; and, similar access control systems that obstruct access to parking from an accessway or driveway from a public street shall be set back at least 18 feet from the nearest public street right-of-way line.
c. When locking, ground-sleeved, removable bollards or similar access control systems are used to satisfy this requirement, they shall be stored inside the cannabis storefront retailer at all times when not in use.
(20) Security Measures. In addition to complying with this section, cannabis storefront retailers shall develop, implement, and actively monitor security measures sufficient to protect the health, safety, and welfare of employees, patrons, passersby, and all other persons who may enter, cross over, or otherwise interact with parcel(s) on which they are located, at all times and on all days, regardless of the cannabis storefront retailer’s hours of operation or any other factor.
Such minimum security measures shall include, but not be limited to, the following:
a. Installing and maintaining a monitored commercial burglar alarm monitoring system with a feature timely notifying local law enforcement of any intrusions or alarm triggers, which shall at a minimum include all doors and windows and motion within areas containing cash or cannabis products when the cannabis storefront retailer is unattended;
b. Installing and maintaining a video surveillance system which shall continuously record (i) the immediate exterior of the buildings, (ii) all entrances and exits to the buildings and rooms in which cash is regularly stored, (iii) all fixed point of sale locations or at least every 20 feet throughout the entirety of the retail sales area if transactions are accepted in non-fixed locations, (iv) all driveways or other vehicle access points to the ITEM 8.1 – Attachment A
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parking lots at locations and with lighting sufficient to clearly identify lawfully installed and maintained vehicle license plates, (v) the fence lines between the parcel(s) and any immediately adjacent residential zoned parcel(s) in a manner that does not record any interior residential activities, and (vi) the driver’s side and front passenger’s side of each designated curbside delivery parking space (if any), at all times. Footage from such video surveillance systems shall be retained on a cloud-based server or otherwise off-site for at least 90 calendar days; c. Posting (i) at each entrance and exit to the cannabis storefront retailer, (ii) at each driveway entrance to the cannabis storefront retailer, (iii) on each parking space-fronting side of each parking lot light pole (if any), and (iv) in front of each designated curbside delivery parking space (if any), a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials indicating the presence of the video surveillance system. For driveway entrances, parking lot light poles, and designated curbside delivery parking spaces, this requirement may alternatively be met by posting at those same locations a clear and legible, two-color icon of a video surveillance camera on a metal placard measuring at least 12 inches x 12 inches;
d. Ensuring that all exterior lights (excluding lighting directly permitted by the City with permanent signs, which shall be required to comply with such permitting) remains illuminated at least from dusk until dawn each day;
e. Providing private security to actively monitor and prevent illegal, criminal, and nuisance activities and activities inconsistent with this section at all times when the cannabis storefront retailer is engaged in the retail sale of cannabis, open to any member of the public, accepting deliveries, occupied by one or more employees, and for at least one hour after each day’s end of retail sale of cannabis;
f. Storing all cannabis products in a secured and locked room, safe, vault, or similar repository, and in a manner as to prevent ITEM 8.1 – Attachment A
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diversion, theft, and loss, except for limited amounts of cannabis products used for display purposes and/or immediate sale;
g. Limiting the amount of cash that is present on-site at any single time and storing cash that is present, but not necessary to store in registers or other point-of-sale devices for reasonably anticipated business needs, in a time-triggered safe, vault, or similar repository where access is only possible after a pre-set period of time not less than 10 minutes elapses after the required credentials are provided, and in a manner as to prevent diversion, theft, and loss;
h. Posting at each entrance and exit to the cannabis storefront retailer, a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials indicating the presence of the time-triggered cash repository; and
i. Installing and maintaining on-site backup generator
(including automatic transfer switches), or similar on-site energy source, that is of sufficient capacity and maintained in such condition as to be readily capable of powering all commercial burglar alarm monitoring systems, video
surveillance systems (including associated lighting), telephone systems, access controls, and safes (to the extent connected to building power) for a period of no less than two hours of continuous use when regular energy systems as provided by the local utility company to the cannabis storefront retailer are inoperable, interrupted, or otherwise experiencing shortages, and without the need for manual switching from local utility to generator power.
1. More than one on-site backup generator or similar onsite energy source may be installed to serve a single cannabis storefront retailer in order to meet the
requirements of this subsection.
2. On-site backup generators and similar on-site energy sources shall be architecturally integrated into one or ITEM 8.1 – Attachment A
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more concealing structures or otherwise screened from
view from public right-of-way and residential properties by landscaping, topography, roofs, or walls. Roofs shall be color coordinated with underlying walls, if any, and with the building, to provide for as complimentary an
appearance as possible. Walls shall be made of solid,
split face, concrete masonry units that are color
coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an
appearance as possible. Landscaping shall be used to
substantially screen walls over 30 inches in height.
3. On-site backup generators and similar on-site energy sources shall set back at least 40 feet from any residential zoned parcel, as measured from the outermost boundary
lines of the closest parcels.
4. Aside from periodic maintenance and testing, on-site backup generators and similar on-site energy sources
shall only be operated when regular energy systems as
provided by the local utility company to the cannabis
storefront retailers are inoperable, interrupted, or
otherwise experiencing shortages. Maintenance and
testing shall only occur within the hours of 8 a.m. and 8 p.m., Monday through Friday, excluding federal
holidays.
(21) Tobacco and Tobacco Cigarettes. Cannabis storefront retailers shall not engage in the sale, dispensing, distribution, or storage of tobacco or tobacco cigarettes.
(22) Visible Cannabis Products. Cannabis storefront retailers shall not display or place any cannabis product in a manner in which it is wholly or partially visible from the exterior of any cannabis storefront retailer.
(23) Waste and Recycling Receptacles. Cannabis storefront retailers shall store 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 – in trash enclosures enclosed by a ITEM 8.1 – Attachment A
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roofed structure with opaque walls and access point(s), as well as motion activated interior (under roof) lighting. Unless such service is not offered by the City’s solid waste handling services franchisee, all waste and recycling receptacles for collection shall remain locked when not actively attended by an employee thereof or an employee of the City’s solid waste handling services franchisee.
(g) Business Tax Rate. In accordance with Chapter 3.18 of this Code, the tax rate to which cannabis businesses holding a Type 10 (storefront retailer) license from the California Department of Cannabis Control shall be subject is the higher of the two following tax rates:
(1) A minimum tax rate of 10 percent of gross receipts received or generated for each monthly reporting period; or
(2) $35.00 per square foot of floor area (annual tax rate) prorated monthly to 1/12 of the annual tax rate amount.
(h) Violations and Penalties.
(1) This section may be enforced in any manner set forth in this Code, or as otherwise provided by law.
(2) Any person who violates any provision of this section shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this section is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:
a. Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this section shall be punishable by a fine of not more than $1,000.00, or by
imprisonment for a period not exceeding six months, or by both such fine and imprisonment.
b. Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this section shall be punished by:
ITEM 8.1 – Attachment A
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1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation
of the same provision within one year; and
3. A fine not exceeding $500.00 for a third violation and for any additional violation of the same provision within one year.
(3) Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this section is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.
(4) Attorneys’ Fees and Court Costs. In addition to any civil and criminal penalties as provided by the provisions of this section or otherwise, the City may recover reasonable attorneys’ fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this section.
(i) City Manager’s Authority. In addition to all other authority provided by state law, the City Council, and this Code, the City Manager shall have the following authority:
(1) For purposes of administration and enforcement of this section generally, the City Manager may from time to time promulgate such administrative interpretations, rules, and/or procedures consistent with the purpose, intent, and express terms of this section as the City Manager deems necessary to implement or clarify such provisions or aid in enforcement.
(2) The City Manager may delegate to, or enter into contracts with, public agencies or private entities to implement, administer, and/or enforce any of the provisions of this section on behalf of the City.
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8.2 FISCAL YEARS 2023-25 BUDGET AND WORK
PLAN & FISCAL YEARS 2023-34 CAPITAL
IMPROVEMENT PROGRAM DEVELOPMENT
(NO REPORT)