CITY of LAGUNA WOODS
CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, March 20, 2024
2:00 p.m.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
Shari L. Horne
Mayor Pro Tem
Cynthia Conners
Councilmember
Noel Hatch
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/Testimony: The City accepts public comments/testimony in-person and in writing. 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 3/15/24
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda 03/20/2024 Regular Page 3 of 10
OPTIONS FOR PUBLIC COMMENTS/TESTIMONY
1. In-Person
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 by submitting a speaker card to City staff or proceeding to the podium, one-by-one, at the time an item is considered.
Members of the public wishing to address the City Council on items not appearing on this agenda may do so during Item V.
Each speaker will have the opportunity to speak for up to three minutes once per agenda item, unless otherwise allowed by the City Council.
Speakers are requested, but not required, to identify themselves, both on speaker cards and in comments/testimony. Speakers are advised that their names and any information submitted on speaker cards or otherwise provided in writing to the City may be disclosed or become a matter of public record. No speaker should expect privacy of such information.
2. In Writing
Written public comments/testimony may be delivered to Laguna Woods City Hall (24264 El Toro Road, Laguna Woods, CA 92637) or sent via email ([email protected]) provided that they are received by the City prior to 2:00 p.m. on the day of this meeting.
Written public comments/testimony will be provided to the City Council and included in the City Clerk’s written record of this meeting.
Parties submitting written public comments/testimony are requested, but not required, to identify themselves. Parties are advised that their names, email addresses, and any information submitted in writing to the City may be disclosed or become a matter of public record. No party should expect privacy of such information.
STREAM THIS MEETING ONLINE
This meeting will be live streamed on Zoom (audio and/or video). • Visit www.zoom.us
• Click on “Join” toward the top right of the webpage
• Enter the following meeting ID: 844 5373 8815
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 947829
• Enter a name and email address as required by Zoom
Please note that information you enter into Zoom may be publicly visible and/or visible to the City. No party should expect privacy of such information.
I. CALL TO ORDER
Introductory Notes:
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 by submitting a speaker card to City staff or proceeding to the podium, one-by-one, at the time an item is considered.
Members of the public wishing to address the City Council on items not appearing on this agenda may do so during Item V.
Each speaker will have the opportunity to speak for up to three minutes once per agenda item, unless otherwise allowed by the City Council.
Speakers are requested, but not required, to identify themselves, both on any applicable speaker cards and in comments/testimony. Speakers are advised that their names and any information submitted on speaker cards or otherwise provided in writing to the City may be disclosed or become a matter of public record. No speaker should expect privacy of such information.
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 Lifesaving Actions on February 25, 2024 – Annie McCary Recommendation: Receive and file a presentation from the Orange County Fire Authority.
4.2 American Red Cross Month – March 2024
Recommendation: Approve and present a proclamation.
4.3 Presentation Regarding City of Hope Orange County – Rachel Mashburn, Director of Pharmacy, City of Hope Orange County Recommendation: Receive and file.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Laguna Woods City Council Agenda 03/20/2024 Regular Page 5 of 10 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. Pursuant to state law, the City Council is unable to take action on such items, but may ask clarifying questions of the speaker, engage in brief discussion, refer items to City staff, and/or schedule items for consideration at future meetings.
VI. CITY TREASURER’S REPORT
6.1 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of February 2024.
VII. 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 or City staff requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action. Members of the public may address the City Council on items appearing on the Consent Calendar regardless of whether an item is removed for separate discussion and consideration of action.
7.1 City Council Minutes
Recommendation: Approve the City Council meeting minutes for the adjourned regular meeting on January 31, 2024, the special meeting on February 21, 2024, and the regular meeting on February 21, 2024.
7.2 Warrant Register
Recommendation: Approve the warrant register dated March 20, 2024 in the amount of $1,002,324.28.
7.3 City Engineering and Traffic Operations Services
Recommendation:
1. Waive the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding for an
extension of an agreement with NV5, Inc.
AND
2. Approve an extension of the agreement with NV5, Inc. for city engineering and traffic operations services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.
7.4 General Plan Annual Report
Recommendation:
1. Receive and file the General Plan Annual Report prepared to satisfy the requirements of California Government Code
Section 65400(a)(2) for the 2023 calendar year.
AND
2. Direct the City Manager to file the General Plan Annual Report for the 2023 calendar year with the Governor’s Office of Planning and Research and California Department of Housing and Community Development no later than April 1, 2024.
7.5 Designated Agenda Posting Locations
Recommendation: Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, REPEALING
RESOLUTION NO. 17-30 AND DESIGNATING POSTING
LOCATIONS FOR AGENDAS FOR CITY COUNCIL AND
OTHER MEETINGS AS REQUIRED BY CALIFORNIA
GOVERNMENT CODE SECTION 54954.2
VIII. PUBLIC HEARINGS
8.1 Businesses Title of Laguna Woods Municipal Code
Laguna Woods City Council Agenda 03/20/2024 Regular Page 7 of 10 Recommendation:
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Approve the introduction and first reading of an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, AMENDING
SECTIONS 6.02.010 AND 6.04.010 AND REPEALING
CHAPTERS 6.06, 6.08, 6.10, 6.14, 6.16, AND 6.18 OF TITLE 6 (BUSINESSES) OF THE LAGUNA WOODS MUNICIPAL
CODE PERTAINING TO REGULATIONS, LICENSING
REQUIREMENTS, AND OTHER PROVISIONS
APPLICABLE TO BUSINESSES OPERATING IN LAGUNA
WOODS, AND DETERMINING AND CERTIFYING THAT
THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
IX. CITY COUNCIL BUSINESS
9.1 Annual Audit Services
Recommendation:
1. Waive the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(d) related to a minimum number of competitive bids for an agreement with CliftonLarsonAllen LLP for annual audit services.
AND
2. Approve an agreement with CliftonLarsonAllen LLP for annual audit services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
9.2 Pavement Management Plan
Recommendation: Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, CONCERNING THE
STATUS AND UPDATE OF THE PAVEMENT
MANAGEMENT PLAN FOR THE MEASURE M2 (M2)
PROGRAM, AND ADOPTING A PAVEMENT
MANAGEMENT PLAN FOR FISCAL YEARS 2024-25
THROUGH 2033-34
9.3 Advanced Transportation Management Solution
Recommendation:
1. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, AMENDING AND
ADOPTING THE FISCAL YEARS 2023-25 BUDGET AND
WORK PLAN FOR FISCAL YEAR 2023-24 COMMENCING
JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL
YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING FUEL TAX FUND
APPROPRIATIONS TO TRANSITION THE ADVANCED
TRANSPORTATION MANAGEMENT SOLUTION TO A
NEW INTERNET-HOSTED PLATFORM
Laguna Woods City Council Agenda 03/20/2024 Regular Page 9 of 10 AND
2. Waive the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding for an agreement with Econolite Systems, Inc. for Centracs® Mobility services.
AND
3. Approve an agreement with Econolite Systems, Inc. for Centracs® Mobility services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney
9.4 Southern California Association of Governments’ 2024 General Assembly Delegate and Alternate Delegate
Recommendation: Appoint members of the City Council to serve as a delegate and alternate at the Southern California Association of Governments’ 2024 General Assembly.
X. 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.
10.1 Coastal Greenbelt Authority
Councilmember McCary, First Alternate: Mayor Pro Tem Horne, Second Alternate: Councilmember Conners
10.2 Orange County Fire Authority
Mayor Hatch
10.3 Orange County Library Advisory Board
Councilmember Moore; Alternate: Councilmember McCary
10.4 Orange County Mosquito and Vector Control District Mayor Pro Tem Horne
10.5 San Joaquin Hills Transportation Corridor Agency
Councilmember Conners; Alternate: Mayor Hatch
10.6 South Orange County Watershed Management Area
Councilmember Moore; Alternate: Mayor Pro Tem Horne
10.7 Liaisons to Community Bridge Builders
Mayor Pro Tem Horne and Councilmember McCary
10.8 Other Comments and Reports
XI. CLOSED SESSION
Closed Session Note: While members of the public are not permitted to attend closed session, prior to convening in closed session, the City Council will accept public comments on items appearing on the closed session agenda.
XII. CLOSED SESSION REPORT
XIII. ADJOURNMENT
Next Regular Meeting: Wednesday, April 17, 2024 at 2 p.m.
Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
4.1 LIFESAVING ACTIONS OF FEBRUARY 25, 2024
– ANNIE MCCARY
(NO REPORT)
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4.2 AMERICAN RED CROSS MONTH
– MARCH 2024
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ITEM 4.2
Proclamation
City of Laguna Woods
American Red Cross Month
March 2024
WHEREAS, caring for one another is at the heart of our community and exemplified by the residents of Laguna Woods whose simple acts of kindness through the American Red Cross provide help and hope in the most difficult moments; and
WHEREAS, the City of Laguna Woods supports continuing the lifesaving legacy of Clara Barton, who founded the American Red Cross more than 140 years ago to prevent and alleviate human suffering; and
WHEREAS, every day, ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need – whether it is providing emergency shelter, food and comfort for families displaced by fires and other disasters or donating lifesaving blood for cancer patients, for accident victims, for people with sickle cell disease, as well as other life-threatening conditions; and WHEREAS, the American Red Cross also supports military members and veterans along with their families and caregivers through the unique challenges of service; using vital skills such as first aid and CPR to help others survive medical emergencies; and
WHEREAS, the American Red Cross also delivers international humanitarian aid and helps reconnect loved ones separated by crises around the world; and WHEREAS, during March we celebrate the humanitarian spirit of the American Red Cross and reaffirm our commitment to help ensure no one faces a crisis alone NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim March 2024 as “American Red Cross Month” in the City of Laguna Woods and supports the humanitarian mission and accomplishments of the American Red Cross in our city as well as the nation and around the world.
Dated this 20th day of March, 2024
______________________________ _______________________________ Noel Hatch Attest: Yolie Trippy, CMC
Mayor City Clerk
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4.3 PRESENTATION REGARDING CITY OF HOPE
ORANGE COUNTY – RACHEL MASHBURN,
DIRECTOR OF PHARMACY,
CITY OF HOPE ORANGE COUNTY
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Rachel Mashburn, PharmD, MPH
Director of Pharmacy
City of Hope Orange County
• Rachel has been the director of pharmacy at City of Hope Orange County for the past two years
• Prior to accepting her job at City of Hope Orange County Rachel Mashburn worked as the Director of PharmacyOperations for Cedars-Sinai for 13 years • Rachel currently sits on the board of directors on the Orange County Hispanic Chamber of Commerce
• She earned her Pharm.D. from USC and received her
Master’s in Public Health from UCLA
ITEM 4.3
OUR MISSION
Transform the future of health.Turn science into practical benefit. Turn hope into reality. Focused on eliminating cancer and diabetes. “City of Hope gave
me my life back.”
Donna McNutt,
Grateful Patient
ITEM 4.3
ITEM 4.3
ITEM 4.3
5 | LENNAR FOUNDATION CANCER CENTER VIRTUAL TOUR
The picture can't be displayed.
POINTS OF DISTINCTION
Clinical Cancer Network▪ Unique academic/community model▪ 1 of 53 NCI-designated comprehensive cancer centers in the nation▪ 37 clinical network locations▪ More than 600 physicians and 1000 researchers and scientists solely focused on ending cancer
▪ Magnet recognition for nursingNational Philanthropy▪ $224+ million in FY22▪ Top 100 charity nationally for dollars raised▪ 15,000 supporters in Orange CountyPioneering Research▪ Our discoveries impact more than 100 million lives each year.
▪ Founding member of National Comprehensive Cancer Network▪ 800+ clinical trials▪ 1 in 4 patients enrolled in a clinical trial▪ Trailblazer in CAR T cell therapyBiotech Hybrid▪ Birthplace of biotech ▪ 95 IND applications▪ 300 patents▪ 3 good manufacturing practice (cGMP) facilities▪ Developed the technology behind four of the most widely used cancer drugs
ITEM 4.3
ITEM 4.3
ITEM 4.3
ITEM 4.3
CITY OF HOPE ORANGE COUNTY
LENNAR FOUNDATION CANCER CENTEROPENED AUGUST 22, 2022▪ NCI-designated cancer treatment center, connected to the county’s only specialty cancer hospital slated to open in 2025 ▪ Four football fields worth of cancer research and
treatment
▪ Medical, surgical and radiation oncology▪ Clinical research unit providing access to Phase 1–3 clinical trials
▪ Infusion center▪ Supportive care and family resource center▪ Cancer prevention, genomics and precision medicine▪ Screenings, diagnostic imaging and interventional radiology
▪ Outpatient surgery center▪ Pharmacy and lab
ITEM 4.3
THANK YOU
FOR JOINING US ON OUR TOUR
CANCER SPECIALTY HOSPITALOPENING IN 2025▪ Three more football fields worth of cancer research and treatment
▪ 122,000 square feet▪ 70+ beds both ICU and Medical Surgical▪ Inpatient surgery ITEM 4.3
ITEM 4.3
3 THINGS TO REMEMBER
• Your first shot is your best shot when fighting cancer Get
a second opinion with experts in your specific cancer at City of Hope Orange County and ensure you’re getting the right treatment from the start.
• Know your health risks
Cancer affects us all.
1‐in‐3 Americans will be diagnosed at some point in their lifetime. Stay on top of your screenings. You can schedule them with us.
• The best way to fight cancer is to prevent it in the first place One of the best ways to stop cancer is to adopt healthy habits and work with wellness and genetic counselors. We offer
a wide range of programs from cancer prevention and on through survivorship. 866‐437‐1746 | CityofHope.org/OC
ITEM 4.3
THANK YOU
STAY UP TO DATE
WITH CITY OF HOPE OC
NEWS @CityofHopeOC
ITEM 4.3
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6.1 CITY TREASURER’S REPORT
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Notes: The City of Laguna Woods uses a modified accrual basis of accounting, which generally means that revenues are recognized when a transaction occurs, and expenditures are recognized when obligations are created. As such, this monthly financial snapshot reflects only revenue known and expenditures paid for the month referenced as of the date prepared. In some cases, financial statements from financial dealers, depositories, and institutions may not have been received as of the date prepared and, therefore, some revenue and expenditures may not be reflected. Certificates of deposit may also have accrued interest that is not reflected because it is not yet vested. For more information on the specific information included in this monthly financial snapshot, please refer to the full City Treasurer’s Report.
Financial Assets IN THE BANK as of February 29, 2024
BY INVESTMENT TYPE
Cash and
Cash Equivalents
$
873,094
6.32% of portfolio
Pooled Money
Investment Accounts
$
7,582,093
54.87% of portfolio
This includes investments in state and county
(local) government investment pools.
Investments -
Earning
$
5,364,170
38.82% of portfolio
This includes certificates of deposit.
Total (All Funds) $
13,819,357
BY FUND
General Fund $
10,284,826
This is the City of Laguna Woods’ primary operating fund and is used to account for the proceeds of revenue sources that are not legally restricted or committed to expenditures for specified purposes.
Reserves for paid leave, self-insurance, and general contingencies (collectively totaling $3,667,800) are also included in this fund.
Special Revenue Funds $
3,534,531
These funds are used to account for the proceeds of revenue sources that are legally restricted or committed to expenditures for specified purposes.
Most of these funds are legally restricted for public street purposes.
Total (All Funds) $
13,819,357
Financial Assets HELD IN TRUST FUNDS as of February 29, 2024
C I T Y O F L A G U N A W O O D S
City Treasurer’s Report
Monthly Financial Snapshot
February 2024
(prepared 3/13/24)
California Employers’
Pension Prefunding Trust Fund
(CEPPT)
$
164,814
• New Contributions $
163,555
• Gain/Loss from
Month Prior
$
1,259
The CEPPT is used to prefund employee pension obligations.
California Employers’
Retiree Benefit Trust Fund
(CERBT)
• New Contributions
• Gain/Loss from
Month Prior
The CERBT is used to prefund statutorily required retiree medical benefits. $
135,487
$
0 $
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City of Laguna Woods
City Treasurer's Report
For the Month Ended February 29, 2024
CASH AND INVESTMENTS
ITEM 6.1
Beginning
Balances
Earnings &
Receipts Disbursements
Purchases,
Transfers &
Other
Adjustments
Ending
Balances
% of Total
Cash &
Investment
Balances
Maximum %
Allowed per
Investment
Policy
As of 1/31/24 As of 2/29/24
Cash and Cash Equivalents
Analyzed Checking Account (Note 1) 721,800 $ 566,910 $ (1,002,324) $ 500,000 $ 786,386 $ 5.69%Cash Balances, Multi-Bank Securities (MBS) Account (Note 2 and 4) 10,948 $ 14,158 $ (12,141) $ - $ 12,964 $ 0.09%Earned Interest in Transit and Accrued Interest, MBS Account (Note 4) 23,945 $ 18,364 $ (14,158) $ - $ 28,152 $ 0.20%Petty Cash $ - 800 $ - $ - $ 800 $ 0.01% Laguna Woods Civic Support Fund Checking Account 46,496 $ 0.18 $ (1,704) $ - $ 44,792 $ 0.32% Total Cash and Cash Equivalents 803,990 $ 599,432 $ (1,030,327) $ 500,000 $ 873,094 $ 6.32% 100.00% Pooled Money Investment Accounts
Local Agency Investment Fund (LAIF - fair value) (Notes 2 and 3) 804,092 $ - $ - $ - $ 804,092 $ 5.82%Orange County Investment Pool (OCIP - fair value) (Notes 2 and 3) 7,254,720 $ 23,582 $ (302) $ (500,000) $ 6,778,000 $ 49.05% Total Pooled Money Investment Accounts 8,058,812 $ 23,582 $ (302) $ (500,000) $ 7,582,093 $ 54.87% 90.00% Investments - Interest and Income Bearing
Certificates of Deposit - non-negotiable (fair value) (Note 2) 5,374,979 $ - $ - $ (10,809) $ 5,364,170 $ 38.82% Total Investments - Interest and Income Bearing 5,374,979 $ - $ - $ (10,809) $ 5,364,170 $ 38.82% 90.00% TOTAL $ 623,014 14,237,781 $ (1,030,629) $ (10,809) $ 13,819,357 $ 100.00% Summary of Total Cash, Cash Equivalents, and Investments:
General Fund
Special
Revenue Funds Totals
Analyzed Checking Account (2,703,353) $ 3,489,739 $ 786,386 $ Cash Balances, MBS Account 12,964 $ - $ 12,964 $
Earned Interest in Transit and Accrued Interest, MBS Account 28,152 $ - $ 28,152 $ Petty Cash 800 $ - $ 800 $
LAIF 804,092 $ - $ 804,092 $
OCIP 6,778,000 $ - $ 6,778,000 $
Certificates of Deposit 5,364,170 $ - $ 5,364,170 $
Laguna Woods Civic Support Fund Checking Account - $ 44,792 $ 44,792 $ Totals $ 3,534,531 10,284,826 $ 13,819,357 $
(See NOTES on Page 4 of 4)
City Treasurer's Report Page 1 of 4 For the Month Ended February 29, 2024 City of Laguna Woods
City Treasurer's Report
For the Month Ended February 29, 2024
CASH AND INVESTMENTS
ITEM 6.1
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) 91334AAM5 2023-3 UNITED HERITAGE CR 12 months 03/07/23 03/21/23 200,000 199,982 200,000 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 04/10/19 245,000 244,365 245,000 2.850 Monthly 05/10/19 Green* 2.850 04/10/24 38150VBG3 2022-2 GOLDMAN SACHS BK USA 24 months 05/24/22 06/01/22 245,000 243,471 245,000 2.900 Semi-Annual 12/01/22 Green* 2.900 06/03/24 89841MAV9 2023-11 TRUSTONE FINL CR UN 12 months 12/05/23 12/13/23 245,000 245,397 245,000 5.350 Monthly 01/13/24 Green*** 5.350 12/12/2498138MBA7 2022-8 WORKERS FED CR UN 24 months 12/09/22 12/16/22 245,000 244,792 245,000 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 02/14/20 245,000 237,496 245,000 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 96,646 100,000 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 05/25/22 245,000 239,578 245,000 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 05/24/23 245,000 245,350 245,000 5.050 Monthly 06/24/23 Yellow** 5.050 05/27/25 37424PAG9 2023-9 GESA CR UN 24 months 07/19/23 07/31/23 245,000 247,058 245,000 5.500 Monthly 08/31/23 Green*** 5.500 07/31/25 130162BJ8 2023-12 CALIFORNIA CR UN 24 months 12/06/23 12/15/23 245,000 246,504 245,000 5.150 Semi-Annual 06/15/24 Green*** 5.150 12/15/25 00782JAD4 2023-13 ADVIA CR UN 24 months 12/22/23 12/29/23 245,000 245,110 245,000 4.800 Semi-Annual 06/29/24 Green*** 4.800 12/29/2559524LAA4 2023-1 MID CAROLINA CR UN 36 months 03/07/23 03/13/23 200,000 201,250 200,000 4.850 Monthly 04/13/23 Green*** 4.850 03/13/26 23204HNV6 2023-4 CUSTOMERS BK 36 months 03/30/23 03/31/23 245,000 246,568 245,000 5.000 Semi-Annual 09/30/23 Green** 5.000 03/31/26 87868YAQ6 2023-7 TECHNOLOGY CR UN 36 months 05/19/23 05/30/23 245,000 247,286 245,000 5.000 Monthly 07/01/23 Green*** 5.000 05/29/26 32022RRG4 2022-4 1ST FINL BK USA 48 months 06/15/22 06/24/22 245,000 237,550 245,000 3.150 Monthly 07/24/22 Green* 3.150 06/24/26 2546733P9 2023-5 DISCOVER BK 48 months 03/30/23 04/05/23 245,000 249,116 245,000 4.800 Semi-Annual 10/05/23 Green*** 4.800 04/05/27 50625LBN2 2022-3 LAFAYETTE FED CR 60 months 05/24/22 06/15/22 245,000 238,032 245,000 3.250 Monthly 07/15/22 Green*** 3.250 06/15/27 14042RUX7 2022-5 CAPITAL ONE NATL ASSN 60 months 10/06/22 10/13/22 245,000 247,818 245,000 4.500 Semi-Annual 04/13/23 Green* 4.500 10/13/27 22282XAB6 2024-1 COVANTAGE CR UN 48 months 01/12/24 01/24/24 245,000 244,437 245,000 4.050 Quarterly 04/24/24 Green*** 4.050 01/24/28 90355GCE4 2023-2 UBS BANK USA 60 months 03/07/23 03/08/23 200,000 203,736 200,000 4.600 Monthly 04/08/23 Green* 4.600 03/08/28 89854LAD5 2023-8 TTCU FED CR UN 60 months 07/19/23 07/26/23 245,000 254,114 245,000 5.000 Monthly 08/26/23 Green*** 5.000 07/26/28 01882MAH5 2023-10 ALLIANT CR UN 60 months 11/07/23 11/15/23 245,000 258,514 245,000 5.350 Monthly 12/15/23 Green*** 5.350 11/15/28 Accrued Interest - Month End 28,152Total CDs 5,355,000 5,392,322 5,355,000 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 823,761 804,092 823,761 Note 3 Quarterly N/A N/A N/A N/AN/A N/A Orange County Investment Pool (OCIP) N/A Various Various 6,854,879 6,778,000 6,854,879 Note 3 Monthly N/A N/A N/A N/A Total PMIA 7,678,640 7,582,093 7,678,640
(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 February 29, 2024 City of Laguna Woods
City Treasurer's Report
For the Month Ended February 29, 2024
CASH AND INVESTMENTS
ITEM 6.1
Beginning
Balances
Contributions /
(Withdrawals)
Administrative
Fees &
Investment
Expense
Unrealized
Gain / (Loss)
Ending
Balances
As of 1/31/24 As of 2/29/24
Other Post-Employment Benefits (OPEB) Trust
CalPERS California Employers' Retiree Benefit Trust (CERBT) (Note 2) 135,389 $ - $ (9) $ 106 $ 135,487 $ (CERBT holds all assets and administers the OPEB Trust) Employer Pension Contributions Trust
CalPERS California Employers' Pension Prefunding Trust (CEPPT) (Note 2) - $ 163,555 $ (22) $ 1,281 $ 164,814 $ (CEPPT holds all assets and administers the Employer Pension Contributions Trust) Total Other Funds - Held in Trust 135,389 $ 163,555 $ (31) $ 1,387 $ 300,301 $ (See NOTES on Page 4 of 4)
City Treasurer's Report Page 3 of 4 For the Month Ended February 29, 2024 City of Laguna Woods
City Treasurer's Report
For the Month Ended February 29, 2024
CASH AND INVESTMENTS
ITEM 6.1
Notes:
OPEB Trust / The City made no contributions to or withdrawals from the OPEB Trust. The OPEB Trust experienced a net gain of $97.09 in February 2024.
Pool
Earnings
Post
Prior Period
Earnings
Deposited
Deposit for Period
Ended
Current Month / Quarter
Gross Yield
Current Month / Quarter
Earnings Will Post
LAIF Quarterly $0.00 See Notes See Notes April 2024
OCIP Monthly $23,582.39 November 2023 See Notes May 2024 City Treasurer's Certification I, 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 February 2024 was 4.122% 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 February 29, 2024 was $76,585.83. At February 29, 2024 interest rate was 4.518% and fees were 0.020%, for a net yield of 4.498%.
Note 4 - CDs / The stated earnings rate for CDs is a fixed rate for the full term. The City earned interest of $14,157.54 and transferred out $12,141.46 in cash balances to the City's checking account in February 2024. Cash balances to be invested or paid out are classified separately on page 1 of 4. The City's portfolio also has $28,151.70 in accrued interest, not yet vested.Note 3 - Investment earnings on pooled money investment accounts deposited and reported in February 2024 net of related fees were:Note 1 - Analyzed Checking Account / Monthly activity reported does not reflect February 2024 vendor invoicing processed after the date of this report. Note 2 - During February 2024, 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 ($19,668.21) to reflect the fair market value of the investment at June 30, 2023. OCIP / The City made no deposits to the OCIP account and withdrew $700,000, which was deposited to the City's checking account for cash flow purposes. The balance includes an adjustment in the amount of ($76,879.24) to reflect the fair market value of the investment at June 30, 2023.Investments / There were no maturities of investments. Investments were adjusted in the amount of ($10,809.20) to report balances at fair market value as of February 29, 2024.Employer Pension Contributions Trust / In April 2021, the City elected to participate in the CEPPT. The City made its first contribution in February 2024 and made no withdrawals from the CEPPT account. The Trust experienced a net gain of $1,259.21 in February 2024.
City Treasurer's Report Page 4 of 4 For the Month Ended February 29, 2024 Digitally signed by Elizabeth Torres Date: 2024.03.13 17:12:10 -07'00'
7.0 CONSENT CALENDAR SUMMARY
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ITEM 7.0
CC 03-20-2024 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: March 20, 2024 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the March 20, 2024 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 March 20, 2024 Consent Calendar contains the following items:
7.1 Approval of the City Council meeting minutes for the adjourned regular meeting on January 31, 2024 (Attachment A), the special meeting on February 21, 2024 (Attachment B), and the regular meeting on February 21, 2024 (Attachment C).
7.2 Approval of the warrant register dated March 20, 2024 in the amount of $1,002,324.28. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.
7.3 [1] Waiver of the provisions set forth in Laguna Woods Municipal Code ITEM 7.0
Consent Calendar Summary – AR Page 2 of 3 CC 03-20-2024 RM Section 3.06.080(c) related to competitive bidding for an extension of an agreement with NV5, Inc. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. NV5 (formerly CivilSource) has provided city engineering and traffic operations services to the City since May 7, 2012 and is currently providing those services under an agreement that ends March 31, 2024. NV5 has offered to continue existing pricing with no increase in rates through June 30, 2024. Due to NV5’s qualifications and performance to-date; the proposed stability in pricing; and, the City’s ongoing capital improvement projects, staff recommends waiving competitive bidding requirements for the proposed extension. Staff released a Request for Proposals (“RFP”) for city engineering services on March 14, 2024 and expects to recommend award of an agreement for services beginning July 1, 2024 later this fiscal year.
AND
[2] Approval of an extension of the agreement with NV5, Inc. for city engineering and traffic operations services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for a three-month period through June 30, 2024 with no increase in rates or other changes to terms and conditions.
7.4 [1] Receive and file the General Plan Annual Report prepared to satisfy the requirements of California Government Code Section 65400(a)(2) for the 2023 calendar year.
AND
[2] Direct the City Manager to file the General Plan Annual Report for the 2023 calendar year with the Governor’s Office of Planning and Research and California Department of Housing and Community Development no later than April 1, 2024.
State law requires the City to file a report describing the status of General Plan implementation with the City Council, Governor’s Office of Planning and Research, and California Department of Housing and Community Development no later than April 1 of each year [California Government ITEM 7.0
CC 03-20-2024 RM Consent Calendar Summary – AR Page 3 of 3 Code Section 65400(a)(2)]. An electronic version of the Housing Elementrelated attachments is available at or from City Hall.
7.5 Adoption of a resolution repealing Resolution No. 17-30 and designating posting locations for agendas for City Council and other meetings as required by California Government Code Section 54954.2. The proposed resolution would delete an existing requirement for agendas to be posted at the Home Depot Center due to the City’s lack of control over that location and the lack of an agreement with the current property owner. State law does not require the City to post agendas at the Home Depot Center.
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7.1 CITY COUNCIL MINUTES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.1 – Attachment A
January 31, 2024 1 City Council Adjourned Regular Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
ADJOURNED REGULAR MEETING
January 31, 2024
2:00 P.M.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
I. CALL TO ORDER
Mayor Hatch called the Adjourned Regular Meeting of the City Council of the City of Laguna Woods to order at 2:01 p.m.
II. ROLL CALL
COUNCILMEMBER: PRESENT: Conners, McCary, Moore, Horne, Hatch 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 Conners led the pledge of allegiance.
IV. PRESENTATIONS AND CEREMONIAL MATTERS – None
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Herman Janssen, member of the public, commented on the City’s cannabis storefront retailer ordinance and a cannabis health center proposal.
Mayor Hatch, Councilmember Conners, and City Manager Macon briefly responded to Mr.
Janssen’s comments.
VI. CITY TREASURER’S REPORT – None; the monthly City Treasurer’s Report was provided at the regular meeting on January 17, 2024
VII. CONSENT CALENDAR – None
VIII. PUBLIC HEARINGS – None
ITEM 7.1 – Attachment A
January 31, 2024 2 City Council Adjourned Regular Meeting Minutes IX. CITY COUNCIL BUSINESS
9.1 Sidewalk Vending Regulations
City Manager Macon made a presentation.
Councilmembers discussed the item and staff answered related questions.
Moved by Councilmember Conners, seconded by Councilmember Moore, and carried on a 4-1 vote, with Mayor Pro Tem Horne voting no, to approve second reading and adopt an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 6.44 TO
TITLE 6 (BUSINESSES) OF THE LAGUNA WOODS MUNICIPAL
CODE TO REGULATE SIDEWALK VENDORS IN COMPLIANCE
WITH CALIFORNIA GOVERNMENT CODE SECTION 51038
INCLUDING, BUT NOT LIMITED TO, BY ESTABLISHING
RESTRICTIONS AND REQUIREMENTS DIRECLTY RELATED TO
OBJECTIVE HEALTH, SAFETY, OR WELFARE CONCERNS, AS
WELL AS BY ESTABLISHING A PROHIBITION ON STATIONARY
SIDEWALK VENDORS IN AREAS THAT ARE ZONED
EXCLUSIVELY RESIDENTIAL AND DETERMINING AND
CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
9.2 Street Racing and Excessive Vehicle Noise Regulations City Manager Macon made a presentation.
Moved by Mayor Pro Tem Horne, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to approve second reading and adopt an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING CHAPTER 8.06 OF
TITLE 8 (TRAFFIC CONTROL) OF THE LAGUNA WOODS
MUNICIPAL CODE RELATED TO VEHICLE GOLF CART, LOWSPEED VEHICLE, AND MOTORCYCLE RACING AND NOISE, AND
DETERMINING AND CERTIFYING THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
9.3 California Employers’ Pension Prefunding Trust Fund City Manager Macon made a presentation.
ITEM 7.1 – Attachment A
January 31, 2024 3 City Council Adjourned Regular Meeting Minutes Councilmembers discussed the item and staff answered related questions.
Darren Lathrop, Customer Outreach and Support Manager, California Public Employees’ Retirement System (“CalPERS”), answered related questions.
Moved by Mayor Pro Tem Horne, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to:
1. Approve a contribution of $163,555 to the California Employers’ Pension Prefunding Trust Fund (“CEPPT”) for investment in the CEPPT Strategy 1 portfolio and authorize the City Manager and Administrative Services Director/City Treasurer to cause such contribution to be made and to execute agreements, documents, and certifications necessary to do so.
AND
2. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, RELATED TO A CONTRIBUTION TO THE
CALIFORNIA EMPLOYERS’ PENSION PREFUNDING TRUST
(“CEPPT”), AND MAKING RELATED AUTHORIZATIONS
9.4 Fiscal Years 2023-34 Capital Improvement Program
City Manager Macon made a presentation.
Councilmembers discussed the item and staff answered related questions.
X. CITY COUNCIL REPORTS AND COMMENTS
10.1 Coastal Greenbelt Authority
Councilmember McCary provided a report.
10.2 Orange County Fire Authority
Mayor Hatch provided a report.
Councilmembers briefly commented.
10.3 Orange County Library Advisory Board
ITEM 7.1 – Attachment A
January 31, 2024 4 City Council Adjourned Regular Meeting Minutes Councilmember Moore provided a report.
10.4 Orange County Mosquito and Vector Control District Mayor Pro Tem Horne stated that she would provide a report at the next meeting.
10.5 San Joaquin Hills Transportation Corridor Agency
Councilmember Conners stated that there was nothing to report since the last meeting and commented on the expanded public library building.
10.6 South Orange County Watershed Management Area
Councilmember Moore stated that there had been no meeting since the last meeting.
10.7 Liaisons to Community Bridge Builders
Mayor Pro Tem Horne provided a report.
Mayor Pro Tem Horne and Councilmember McCary answered questions from councilmembers.
10.8 Other Comments and Reports
Mayor Hatch commented on the expanded public library’s grand opening and asked that the City Council take a picture with staff who worked at the event.
X. CLOSED SESSION – None
XI. CLOSED SESSION REPORT – None
XII. ADJOURNMENT
The meeting was adjourned at 3:29 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, February 21, 2024, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: March 20, 2024
__________________________________
NOEL HATCH, Mayor
ITEM 7.1 – Attachment B
February 21, 2024 1 City Council Special Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
SPECIAL MEETING
February 21, 2024
1:45 P.M.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
I. CALL TO ORDER
Mayor Hatch called the Special Meeting of the City Council of the City of Laguna Woods to order at 1:45 p.m.
II. ROLL CALL
COUNCILMEMBER: PRESENT: Conners, McCary, Horne, Hatch
ABSENT: Moore
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 Conners led the pledge of allegiance.
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 African American History Month – February 2024
City Clerk Trippy read the proclamation.
Councilmembers made comments.
Councilmember Moore joined the meeting at 1:53 p.m.
Larry Dixon and Erika Dixon made comments.
Moved by Councilmember McCary, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to approve and present the proclamation.
V. ADJOURNMENT
ITEM 7.1 – Attachment B
February 21, 2024 2 City Council Special Meeting Minutes The meeting was adjourned at 1:57 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, February 21, 2024, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: March 20, 2024
__________________________________
NOEL HATCH, Mayor
ITEM 7.1 – Attachment C
February 21, 2024 1 City Council Regular Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
February 21, 2024
2:00 P.M.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
I. CALL TO ORDER
Mayor Hatch called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:02 p.m.
II. ROLL CALL
COUNCILMEMBER: PRESENT: Conners, McCary, Moore, Horne, Hatch ABSENT: -
All councilmembers participated in-person at the meeting location.
STAFF PRESENT: City Manager Macon, City Attorney Patterson, Administrative Services Director/City Treasurer Torres, City Clerk Trippy All staff participated in-person at the meeting location.
III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Horne led the pledge of allegiance.
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 Presentation Regarding Driver Safety – Captain Cruz Alday, Chief of Police Services, Orange County Sheriff’s Department
(agendized by Councilmember Conners)
Captain Cruz Alday, Chief of Police Services, Orange County Sheriff’s Department, made a presentation.
Councilmembers discussed the presentation and Captain Alday answered related questions.
A member of the public requested more enforcement of tinted windows on vehicles.
Juanita Skillman, resident, commented on issues concerning Laguna Woods Village, ITEM 7.1 – Attachment C
February 21, 2024 2 City Council Regular Meeting Minutes including unregistered motor vehicles and golf cart registration.
A member of the public inquired about the traffic statistics included in the presentation and expressed concerns regarding sidewalk safety.
Councilmembers briefly responded to the unidentified speaker’s public comments.
4.2 Presentation Regarding City of Hope Orange County – Rachel Mashburn, Director of Pharmacy, City of Hope Orange County
No presentation. This item will be agendized for a future meeting.
4.3 Presentation Regarding Southern California Edison’s Income-Graduated Fixed Charge Proposal Submitted for Consideration as part of the California Public Utilities Commission’s Proceedings to Implement California Assembly Bill 205 (Committee on Budget, Chapter 61, Statutes of 2022) – Kelley Lee, Government Relations Manager, Southern California Edison
Kelley Lee, Government Relations Manager, Southern California Edison, made a presentation and answered related questions.
Mayor Hatch commented on public comments that he provided at a California Public Utilities Commission meeting on February 15, 2024.
Thomas Fleming, member of the public, expressed concerns regarding the presence of law enforcement in the Council Chambers and suggested having dogs instead.
Georgiana Willis, resident, commented on economic challenges related to electric vehicles.
Loren Lutzenhiser, resident, expressed concerns regarding the fixed charge proposal.
Barbara Kefer, resident, inquired how the fixed charge proposal would affect her as a parttime resident and asked for an explanation of electrification.
Ms. Lee briefly responded to Ms. Kefer’s comments.
Councilmember Moore briefly responded to Ms. Kefer’s comments.
Ann Beltran, resident, expressed concerns regarding the fixed charge proposal and encouraged the City to provide support for residents who wish to install heat pumps and insulation.
Kathryn Freshley, resident, commented on Southern California Edison’s infrastructure costs.
ITEM 7.1 – Attachment C
February 21, 2024 3 City Council Regular Meeting Minutes Robert Cunningham, resident, expressed concerns regarding the fixed charge proposal.
Councilmembers discussed the presentation and Ms. Lee answered related questions.
City Manager Macon noted that copies of Southern California Edison’s PowerPoint presentation are available.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Bill Kaufman, member of the public, made comments in response to Mr. Fleming’s public comments during Item 4.3 and on efforts to establish a cannabis health center.
Herman Janssen, member of the public, commented on efforts to establish a cannabis health center and asked that the City Council modify its distance requirements from sensitive uses.
Mayor Pro Tem Horne left the meeting at 3:35 p.m.
VI. CITY TREASURER’S REPORT
6.1 City Treasurer Report
Administrative Services Director/City Treasurer Torres made a presentation.
Mayor Pro Tem Horne returned to the meeting at 3:39 p.m.
Moved by Councilmember Conners, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to receive and file the City Treasurer’s Report for the month of January 2024.
VII. CONSENT CALENDAR
City Manager Macon requested that Item 7.3 be pulled from the consent calendar.
Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 7.1, 7.2, and 7.4.
7.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on January 17, 2024.
7.2 Warrant Register
Approved the warrant register dated February 21, 2024, in the amount of $1,049,397.07.
7.4 Harassment, Discrimination, and Retaliation Policy
ITEM 7.1 – Attachment C
February 21, 2024 4 City Council Regular Meeting Minutes Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING AMENDMENTS TO
ADMINISTRATIVE POLICY 4.7 PERTAINING TO HARASSMENT,
DISCRMINATION, AND RETALIATION
ITEMS PULLED FROM THE CONSENT CALENDAR
7.3 Drugs and Alcohol in the Workplace Policy
City Manager Macon proposed the following revision:
Revise the following sentence in Section 4.12.04
(additions shown with underlining, deletions shown with strike through):
Employees are not required to disclosure disclose to City staff the names or purposes for which a legal drug is taken to City staff.
Revised it would read:
Employees are not required to disclose to City staff the names or purposes for which a legal drug is taken.
Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING AMENDMENTS TO
ADMINISTRATIVE POLICY 4.12 PERTAINING TO DRUGS AND
ALCOHOL IN THE WORKPLACE
with the City Manager’s proposed revision.
VIII. PUBLIC HEARINGS – None
IX. CITY COUNCIL BUSINESS
9.1 El Toro Road and Moulton Parkway Water Quality Treatment Project City Manager Macon made a presentation.
Councilmembers commented on the item and staff answered related questions.
Moved by Mayor Pro Tem Horne, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to:
1. Approve the “El Toro Road and Moulton Parkway Water Quality Treatment Project:
Phase 1” design plans and specifications as prepared by the project engineer.
ITEM 7.1 – Attachment C
February 21, 2024 5 City Council Regular Meeting Minutes AND
2. Approve a notice of exemption for the “El Toro Road and Moulton Parkway Water Quality Treatment Project: Phase 1” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorize the City Manager to cause the notice of exemption to be filed pursuant to applicable law.
AND
3. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, RELATED TO ALLOCATION OF EXISTING
FEDERAL GRANTS FUND (AMERICAN RESCUE PLAN ACT
(CORONAVIRUS LOCAL FISCAL REOVERY FUNDS))
APPROPRIATIONS TO THE EL TORO ROAD AND MOULTON
PARKWAY WATER QUALITY TREATMENT PROJECT
AND
4. Award a contract agreement to Leonida Builders, Inc. for the construction of the “El Toro Road and Moulton Parkway water Quality Treatment Project: Phase 1”, in the amount of $311,547.00, plus authorized change orders not to exceed 10% of the base amount; and authorize the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.
City Manager Macon responded to a question from Councilmember Moore.
9.2 Fiscal Years 2023-25 Budget Adjustments
City Manager Macon made a presentation.
Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, RELATED TO ALLOCATION OF EXISTING ITEM 7.1 – Attachment C
February 21, 2024 6 City Council Regular Meeting Minutes
FEDERAL GRANTS FUND (AMERICAN RESCUE PLAN ACT
(CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS))
APPROPRIATIONS TO THE CITY – MAINTAINED CATCH BASIS
FULL CAPTURE SYSTEMS RETROFIT PROJECT, CITY
HALL/PUBLIC LIBRARY PROJECT, AND RIDGE ROUTE DRIVE
LANDSCAPE PROJECT
Councilmembers discussed the item and staff answered related questions.
Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, RELATED TO AN INCREASE IN STATE OF
CALIOFRNIA GRANTS FUND APPROPRIATIONS FOR AN AWARD
FROM THE STATE OF CALIFORNIA HOUSEHOLD HAZARDOUS
WASTE GRANT PROGRAM CYCLE 41 (HD41) FISCAL YEAR 2023-
24 SMALL PROJECTS CYCLE (GRANT NUMBER HD41-23-0039)
Councilmembers discussed the item and staff answered related questions.
X. CITY COUNCIL REPORTS AND COMMENTS
10.1 Coastal Greenbelt Authority
Councilmember McCary stated that the Coastal Greenbelt Authority will meet next month.
10.2 Orange County Fire Authority
Mayor Hatch provided a report.
Councilmembers briefly responded to Mayor Hatch’s report.
10.3 Orange County Library Advisory Board
Councilmember Moore provided a report.
10.4 Orange County Mosquito and Vector Control District Mayor Pro Tem Horne provided a report.
ITEM 7.1 – Attachment C
February 21, 2024 7 City Council Regular Meeting Minutes
10.5 San Joaquin Hills Transportation Corridor Agency
Councilmember Conners provided a report and answered a question from Mayor Hatch.
10.6 South Orange County Watershed Management Area
Councilmember Moore stated that the South Orange County Watershed Management Area had not met.
Councilmember Moore provided a report on a recent Orange County Water Association meeting and responded to comments from Mayor Hatch.
10.7 Liaisons to Community Bridge Builders
Mayor Pro Tem Horne provided a report.
10.8 Other Comments and Reports
Mayor Hatch commented on the Orange County Fire Authority’s upcoming Open House.
City Manager Macon provided additional information on the Orange County Fire Authority’s upcoming Open House.
X. CLOSED SESSION – None
XI. CLOSED SESSION REPORT – None
XII. ADJOURNMENT
The meeting was adjourned at 4:22 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, March 20, 2024, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: March 20, 2024
__________________________________
NOEL HATCH, Mayor
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7.2 WARRANT REGISTER
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.2
Date Vendor Name Description Amount
Debit Automatic Bank Debits:
Debit 02/01/2024 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / January 2024 145.39Debit 02/02/2024 AUTHORIZE.NET Online Credit Card Processing Fees / January 2024 12.00Debit 02/02/2024 GLOBAL PAYMENTS / OPEN EDGE Credit Card Processing Fees / January 2024 2,283.08Debit 02/02/2024 DELTA DENTAL OF CALIFORNIA Employee Benefit Program / February 2024 472.44Debit 02/02/2024 ADP PAYROLL SERVICES Payroll Processing Fees / Pay Periods Ended 12/29/2023 & 01/12/2024 433.80Debit 02/02/2024 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 01/26/2024 2,420.00Debit 02/08/2024 NAVIA BENEFIT SOLUTIONS, INC 125 Cafeteria Plan Administration / January 2024 200.00Debit 02/08/2024 CALPERS - RETIREMENT California Employers' Pension Prefunding Trust Contribution 163,555.00Debit 02/08/2024 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / February 2024 47.30Debit 02/09/2024 COUNTY OF ORANGE - SHERIFF Law Enforcement Services / February 2024 253,453.70Debit 02/09/2024 U.S. BANK Bank Service Charge 45.00Debit 02/12/2024 CALPERS - HEALTH Employee Benefit Program / February 2024 8,895.33Debit 02/13/2024 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 01/12/2024 2,896.32Debit 02/13/2024 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 01/12/2024 1,992.00Debit 02/14/2024 ADP TAX Payroll Taxes / Pay Period Ended 02/09/2024 9,016.79Debit 02/14/2024 ADP WAGE PAY Payroll Transfer / Pay Period Ended 02/09/2024 19,154.45Debit 02/14/2024 U.S. BANK Bank Service Charges / January 2024 96.82Debit 02/15/2024 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / February 2024 414.94Debit 02/16/2024 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 02/09/2024 1,420.00Debit 02/21/2024 ADP PAYROLL SERVICES Payroll Processing Fees / Quarterly and Year End Processing 125.10Debit 02/27/2024 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 01/26/2024 2,865.53Debit 02/27/2024 CALPERS - RETIREMENT Retirement Contributions / Pay Period Ended 01/26/2024 1,992.00Debit 02/28/2024 ADP TAX Payroll Taxes / Pay Period Ended 02/23/2024 8,872.16Debit 02/28/2024 ADP WAGE PAY Payroll Transfer / Pay Period Ended 02/23/2024 18,661.35Debit 02/29/2024 NAVIA BENEFIT SOLUTIONS Employee Benefit Program / February 2024 106.13Debit 02/29/2024 MISSION SQUARE RETIREMENT Employee Benefit Program / Pay Period Ended 02/23/2024 1,750.00 Check
Number Warrants:
7319 02/09/2024 ABOUND FOOD CARE Edible Food Recovery Services / January 2024 392.33 7320 02/09/2024 AETNA BEHAVIORAL HEALTH, LLC Employee Benefit Program / March 2024 19.14 7321 02/09/2024 ALISO CREEK MINUTEMAN PRESS Printing Services 290.927322 02/09/2024 BUREAU VERITAS NORTH AMERICA INC Building Plan Review Services / October - November 2023 21,932.577323 02/09/2024 CHASE DESIGN, INC. Website Design 3,787.507324 02/09/2024 EPIC IO TECHNOLOGIES, INC. City Hall Internet Service / February 2024 634.957325 02/09/2024 FIRST RESPONSE AIR CONDITIONING & HEATING INC. City Hall Maintenance 4,898.27 7326 02/09/2024 IBUILD SPECTRUM INC. City Hall/Public Library Project 168,813.68 7327 02/09/2024 RINGCENTRAL, INC. Telephone Services / February 2024 800.18 7328 02/09/2024 SAFE AND SOUND SECURITY, INC. Surveillance Camera Installation 1,590.00 7329 02/09/2024 SOUTHERN CALIFORNIA SHREDDING, Shredding Services / January 2024 645.00 7330 02/09/2024 SWEEPING CORPORATION OF AMERICA Street Sweeping Services / January 2024 4,350.00 7331 02/16/2024 AT&T Telephone / 581-9821 / January 2024 64.01 7332 02/16/2024 AT&T Telephone / 583-1105 / January 2024 29.38 7333 02/16/2024 AT&T White Pages / February 2024 4.30
CITY OF LAGUNA WOODS
WARRANT REGISTER
March 20, 2024
This Report Covers the Period 02/01/2024 through 02/29/2024 ϭŽĨϰ
ITEM 7.2
Date Vendor Name Description Amount
CITY OF LAGUNA WOODS
WARRANT REGISTER
March 20, 2024
This Report Covers the Period 02/01/2024 through 02/29/2024 7334 02/16/2024 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / December 2023 1,512.16 7335 02/16/2024 CALIFORNIA YELLOW CAB Senior Mobility Transportation Services / January 2024 29,568.607336 02/16/2024 CITY OF LAGUNA BEACH Animal Control & Shelter Services / January 2024 9,584.007337 02/16/2024 CMTA CMTA Conference Registration 475.00 7338 02/16/2024 FUSCOE ENGINEERING, INC. Engineering Services / January 2024 920.00 7339 02/16/2024 IRWIN B BORNSTEIN, CPA Financial Consulting Services / January 2024 350.007340 02/16/2024 JOHN L. HUNTER & ASSOCIATES, INC Water Quality Services / November 2023 810.007341 02/16/2024 KONE INC. City Hall Elevator Maintenance / February 2024 232.317342 02/16/2024 MARC DONOHUE Administrative Services / February 2024 200.00 7343 02/16/2024 NV5, INC. Engineering Services / November 2023 27,716.257344 02/16/2024 OBR ARCHITECTURE, INC. City Hall/Public Library Project 670.00 7345 02/16/2024 ORANGE COUNTY REGISTER-NOTICES Public Notices / January 2024 3,562.79 7346 02/16/2024 RICOH USA, INC. Building Printer Usage / November 2023 - January 2024 73.337347 02/16/2024 ROBERT CAMERON Building Plan Review Refund 322.007348 02/16/2024 SOUTHERN CALIFORNIA EDISON Electric Services / December 2023 - January 2024 7,506.357349 02/16/2024 SOUTHERN CALIFORNIA GAS COMPANY Gas Service - City Hall / January 2024 189.247350 02/16/2024 STAPLES Office & Janitorial Supplies 1,124.52 7351 02/16/2024 TRIPEPI, SMITH AND ASSOCIATES, INC. Broadcasting Services / January 2024 2,803.767352 02/16/2024 VERIZON WIRELESS Building iPads Data Plans / January 2024 120.037353 02/16/2024 WILLDAN ENGINEERING Code Enforcement Services / January 2024 8,400.007354 02/16/2024 WM CURBSIDE, LLC HHW & Sharps Program / January 2024 4,271.097355 02/23/2024 DC PLUMBING, HEATING AND AIR CONDITIONING City Hall Maintenance 2,358.557356 02/23/2024 ITERIS, INC Traffic Engineering / January 2024 4,036.00 7357 02/23/2024 NV5, INC. Engineering Services / January 2024 4,380.007358 02/23/2024 OBR ARCHITECTURE, INC. City Hall/Public Library Project 6,030.00 7359 02/23/2024 OMNI ENTERPRISE INC Janitorial Services / January 2024 3,125.007360 02/23/2024 ONDEMAND, INC. City Hall Internet Service 899.00 7361 02/23/2024 PASCO DOORS City Hall Maintenance 330.00 7362 02/23/2024 RICOH USA, INC. Copier Lease / March 2024 246.57 7363 02/23/2024 RJM DESIGN GROUP Landscape Architectural Services / January 2024 13,535.257364 02/23/2024 TONY'S LOCKSMITH & SAFE SERV. Locksmith Services 235.787365 02/29/2024 4LEAF, INC Planning Services / January 2024 9,048.00 7366 02/29/2024 ADVANCED PERMIT SERVICES Building Permit Refund 72.00 7367 02/29/2024 APRIL BAUMGARTEN City Hall/Public Library Event Reimbursement 350.007368 02/29/2024 ARC DOCUMENT SOLUTIONS, LLC. Document Scanning 3,330.537369 02/29/2024 BALLIET, MICHAEL Waste Management Consulting Services / January 2024 2,187.507370 02/29/2024 BRIGHTVIEW LANDSCAPE SERVICES, INC. Landscape Maintenance / January 2024 17,172.98 7371 02/29/2024 BUREAU VERITAS NORTH AMERICA INC Building Plan Review Services / December 2023 8,814.237372 02/29/2024 CHARGEPOINT INC City Hall Electric Vehicle Charging Infrastructure Project 5,762.507373 02/29/2024 CHASE DESIGN, INC. Website Design Services 1,500.007374 02/29/2024 COUNTY OF ORANGE Automated Fingerprint ID System / February 2024 636.007375 02/29/2024 HDL COREN & CONE Property Tax Forecast / Fiscal Year 2024-25 2,415.007376 02/29/2024 INTERWEST CONSULTING GROUP Building Official, Permit Counter & Inspection Services / January 2024 84,072.007377 02/29/2024 PSOMAS Planning Services / December 2023 - January 2024 166.007378 02/29/2024 PV MAINTENANCE INC Maintenance Services / January 2024 15,455.02 ϮŽĨϰ
ITEM 7.2
Date Vendor Name Description Amount
CITY OF LAGUNA WOODS
WARRANT REGISTER
March 20, 2024
This Report Covers the Period 02/01/2024 through 02/29/2024 7379 02/29/2024 SOUTHERN CALIFORNIA EDISON Street Lighting - Residential / January 2024 3,009.577380 02/29/2024 U.S. BANK Credit Card Charges (expenditures reported separately - see note 3) 3,120.897381 02/29/2024 VOID VOID - 7382 02/29/2024 VISION SERVICE PLAN OF AMERICA Employee Benefit Program / March 2024 45.62 Total Bank Debits and Warrants: $ 1,002,324.28
TOTAL $ 1,002,324.28
NOTES:Note 1 - City Councilmembers are eligible to receive either a salary or vehicle reimbursement allowance in the amount of $300 per month ($3,600 per year). Suchcompensation is included in the City's regular payroll (see "ADP Payroll Services" under "Automatic Bank Debits"), unless waived by the Councilmember. For themonth of February 2024, the following Councilmembers received compensation in the amount of $300: Conners, Hatch, Horne, and McCary.Note 2 - Petty cash is reported as cash is paid out, not when the fund is replenished. No petty cash transactions were paid during this time period. Note 3 - The table below summarizes credit card expenditures paid via Check #7380 to U.S. Bank totaling $3,120.89:
Microsoft Office 365 Subscription $162.00
Microsoft Office 365 Online Services $475.00
Zoom Video Conferencing $31.98
WP Media Website License $59.00
WPEngine Website Hosting Subscription $808.57
League of California Cities Employee Development Services $150.00 City of Santa Ana Parking $2.00
Koll Center Parking $1.75
Stamps.com Postage $29.99
CEAOC Membership Dues $50.00
Trader Joe's City Hall/Public Library Grand Opening / Supplies $25.83 Flowerful City Hall/Public Library Grand Opening / Supplies $279.07 GovernmentJobs.com Job Posting $199.00
American Planning Association Job Posting $395.00
Smart & Final City Hall/Public Library Grand Opening / Supplies $145.69 Walmart City Hall/Public Library Grand Opening / Supplies $11.28 Staples City Hall/Public Library Grand Opening / Supplies $80.79 Sabrosada City Hall/Public Library Grand Opening / Breakfast for Staff $54.77 CalChamber Office Supplies $110.13
Home Depot Office Supplies $8.56
Aldi Office Supplies $14.00
J & M Trophies Councilmember Name Tags $26.48
Total Credit Card Reimbursement: $3,120.89
ϯŽĨϰ
ITEM 7.2
CITY OF LAGUNA WOODS
WARRANT REGISTER
March 20, 2024
This Report Covers the Period 02/01/2024 through 02/29/2024 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; ϰŽĨϰ
Digitally signed by Elizabeth Torres Date: 2024.03.13 17:17:41 -07'00'
7.3 CITY ENGINEERING AND TRAFFIC
OPERATIONS SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.3
CLW-NV5 – Extension 3/20/2024
EXTENSION OF THE
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
NV5, INC.
FOR CITY ENGINEERING AND TRAFFIC OPERATIONS SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on June 17, 2015, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and CivilSource, Inc. [subsequently assigned to NV5, Inc. ("CONSULTANT")], is made and entered into this _______________ by and among CITY and CONSULTANT.
WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2015 and 11:59 p.m. on June 30, 2017; and
WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on March 31, 2024; and
WHEREAS, CITY has requested that CONSULTANT continue to provide services for an additional three-month period.
NOW THEREFORE, the parties amend the AGREEMENT as follows:
1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on April 1, 2024 and ending at 11:59 p.m. on June 30, 2024 with no changes to the terms and conditions of the AGREEMENT except as specified herein.
IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
By
Christopher Macon, City Manager
CONSULTANT:
By
Jeffrey M. Cooper, PE, Senior Vice President
ITEM 7.3
CLW-NV5 – Extension 3/20/2024
APPROVED AS TO FORM:
Alisha Patterson, City Attorney
7.4 GENERAL PLAN ANNUAL REPORT
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
City of Laguna Woods
General Plan Annual Report
2023
Planning & Environmental Services Department
City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
T: (949) 639-0500
TTY: (949) 639-0535
F: (949) 639-0591
March 20, 2024
ITEM 7.4
2023 General Plan Annual Report
Period of this Annual Report
This General Plan Annual Report is for the 2023 calendar year (January – December 2023).
Purpose of this Annual Report
California Government Code Section 65400 requires the City to provide by April 1 of each year an annual report to the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) that includes all of the following:
(A) The status of the City’s General Plan and progress in its implementation. (B) The progress in meeting the City’s share of regional housing needs determined pursuant to California Government Code Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to California Government Code Section 65583(3)(c).
(C) The number of housing development applications received by the City in the prior year. (D) The number of units included in all development applications to the City in the prior year. (E) The number of units approved and disapproved by the City in the prior year. (F) The degree to which the City’s approved General Plan complies with the guidelines developed and adopted pursuant to California Government Code Section 65040.2 and the date of the last revision to the City’s General Plan.
(G) A listing of sites rezoned to accommodate that portion of the City’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by California Government Code sections 65583(1)(c) and 65584.09. The listing of sites must also include any additional sites that may have been required to be identified by California Government Code Section 65863.
(H) The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy by the City, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. This production report must, for each income category, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. This production report must include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessor’s parcel number, but may include street address, or other identifiers. (I) The number of applications submitted to the City pursuant to California Government Code Section 65913.4(a), the location and the total number of developments approved by the City pursuant to California Government Code Section 65913.4(b), the total number of building permits issued by the City pursuant to California Government Code Section 65913.4(b), the total number of ITEM 7.4
2023 General Plan Annual Report
units including both rental housing and for-sale housing by area median income category constructed within the City’s jurisdiction using the process provided for in California Government Code Section 65913.4(b).
California Government Code Section 65400 requires the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by HCD, and be considered at a public meeting before the City Council where members of the public must be allowed to provide oral testimony and written comments. The public meeting for this 2023 General Plan Annual Report was held concurrent with the City Council’s adjourned regular meeting on March 20, 2024. A final copy of the report will be submitted to OPR and HCD after the March 20, 2024 meeting.
General Plan Background and Amendments
Preparation of the Laguna Woods General Plan began with a series of community workshops held in early 2001. Perspectives and issues presented by members of the community set the course for the new General Plan. The General Plan Coordinating Committee, appointed by the City Council, considered each draft-component of the new General Plan and provided input at monthly meetings from February 2001 through June 2002. The Community Services Committee provided input on the draft document at public meetings in March and August 2002. In September 2002, the Planning Advisory Committee recommended that the City Council certify the Environmental Impact Report prepared in conjunction with the General Plan and adopt the draft General Plan. The City Council held a public hearing, certified the Environmental Impact Report, and adopted the General Plan on October 16, 2002. The General Plan Housing Element was subsequently certified by HCD on April 7, 2003.
State law allows the City to amend its General Plan a maximum of four times per year. Amendments may be proposed and acted upon at any time during the year and one action may include multiple amendments. Amendments require a public hearing by the City Council and evaluation of environmental impacts as required by the California Environmental Quality Act (CEQA).
A summary of all adopted General Plan amendments is included in Table 1.
Table 1 – Adopted General Plan Amendments
Date of
Amendment Title of Amendment Description of Amendment
October
2005
General Plan Amendment
(GPA 05-01)
General Plan Amendment to
change a property from
Commercial to High Density
Residential
July
2007
General Plan Amendment
(GPA 07-01)
General Plan Amendment for the
annexation of 170 acres of land for
Open Space
Table continued on page four.
ITEM 7.4
2023 General Plan Annual Report
Table continued from page three.
Date of
Amendment Title of Amendment Description of Amendment
January
2009 General Plan Housing Element Update Housing Element Update December
2010
General Plan Land Use Element and Map
Amendment
General Plan Amendment
incorporating new “Residential
Community” and “Community
Facilities” land use designation and
reflecting a private community
name change from “Leisure
World” to “Laguna Woods
Village”
June
2013 General Plan Circulation Element Update
Addition of a road definition and
updates to ensure consistency with
the Master Plan of Arterial
Highways (MPAH)
February
2014 General Plan Housing Element Update Housing Element Update (streamlined option) April
2014 General Plan Safety Element Update Comprehensive update of the Safety Element July
2015 General Plan Conservation Element Update Comprehensive update of the Conservation Element July
2015
General Plan Amendment
(GPA 15-19)
General Plan Amendment to
change the land use designation for
eight parcels from “Urban
Activities Center” to “Open Space”
August
2017
General Plan Land Use Element Amendment
(GPA/ZC-1169)
General Plan Amendment related
to Urban Activities Center (UAC)
properties, including changes in
land use designations for six
parcels and deletion of the UAC
land use designation
February
2022 General Plan Housing Element Update Housing Element Update(adopted on February 9, 2022) August
2022 General Plan Housing Element Update Housing Element Update (adopted on August 12, 2022) Pending General Plan Updates
A General Plan update involving the Circulation, Land Use, and Noise elements is pending. In addition to completing actions necessary to implement the adopted Housing Element, it is anticipated that various other land use designation changes and implementing policy framework (goals and policy objectives) revisions will be considered. Tribal consultation has been initiated. A draft Environmental Impact Report ITEM 7.4
2023 General Plan Annual Report
is anticipated to be circulated for agency and public review by June 2024. City Council consideration of the proposed General Plan update is anticipated to occur in fall 2024.
City’s Responsibility
The effectiveness of the General Plan ultimately depends on how it is implemented and maintained over time. The implementation and maintenance of the General Plan is the responsibility of the City Council and all City departments. State law requires that most actions of cities affecting the physical environment be consistent with the General Plan.
In addition to the City, several other government agencies (e.g., Orange County Fire Authority, Orange County Sheriff’s Department, El Toro Water District) provide services within the City’s boundaries.
While those agencies are neither a part of the City’s operational structure nor directly responsible for implementation of the General Plan, the City coordinates its activities with those agencies and relies on their assistance for full implementation of the General Plan.
Status of General Plan Implementation Actions
The City’s implementation of the General Plan is ongoing and largely achieved through the adoption of City Council directives, policies, ordinances, and resolutions; incorporation into governmental activities of applicable departments; and, processing of development applications and entitlements. The City’s consideration of the General Plan occurs on a routine basis; implementation is progressing, concurrent with the General Plan update that is currently underway. The City’s budgets, work plans, capital improvement programs, annual comprehensive financial reports, ordinances, and resolutions more specifically describe the City’s actions associated with implementation of the General Plan. To obtain copies of those documents, please contact the City Clerk’s Office at (949) 639-0500.
A review of the implementation status of the General Plan Housing Element, including progress toward meeting the City’s Regional Housing Needs Assessment allocation, is provided below.
Housing Element Annual Progress Report
The Regional Housing Needs Assessment (RHNA) is mandated by state law as a part of the periodic process of updating general plan housing elements. The RHNA quantifies the need for housing within cities and unincorporated areas during specified planning periods. The Southern California Association of Governments (SCAG) develops the RHNA for the City.
Table 2 summarizes the City’s RHNA allocation for the “6th cycle” from October 2021 to October 2029.
Table 2 – City’s RHNA Allocation – 6th Cycle
Income Category RHNA Allocation
(Dwelling Units)
Very Low Income 127
Low Income 136
ITEM 7.4
2023 General Plan Annual Report
Moderate Income 192
Above Moderate Income 542
TOTAL 997
Note: The following Housing Element Annual Progress Report forms and tables are required, or requested, to be submitted to HCD and OPR. The forms and tables are protected by HCD, which restricts the type of data that can be entered. As a result, some fields appear blank when the reportable figure is zero.
Attached:
Start Here (1 page)
Summary (1 page)
Table A – Housing Development Applications Submitted (2 pages) Table A2 – Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units (4 pages)
Table B – Regional Housing Needs Allocation Progress - Permitted Units Issued by Affordability (1 page)
Table C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No NetLoss Law (1 page) Table D – Program Implementation Status pursuant to GC Section 65583 (4 pages) Table E – Commercial Development Bonus Approved pursuant to GC Section 65915.7 (1 page) Table F – Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) (1 page)
Table F2 – Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 (2 pages)
Table G – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (1 page)
Table H – Locally Owned Surplus Sites (1 page)
Table I – N/A; not included in template provided by HCD Table J – Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 (2 pages)
Table K – Tenant Preference Policy (1 page)
Local Early Action Planning (LEAP) Reporting (1 page)
ITEM 7.4
Jurisidiction Name
Reporting Calendar YearFirst NameLast NameTitle Click here to download APR InstructionsEmailPhoneStreet AddressCityZipcode v_2_15_24
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 24264 El Toro Road
Laguna Woods
92637
Christopher
Macon
City Manager
[email protected]
9496390500
Mailing Address
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General Information
2023
Laguna Woods
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
Annual Progress Report January 2020
ITEM 7.4
Jurisdiction Laguna Woods
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
0 0
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 0 0
Mobile/Manufactured Home 0 0 0
Total 0 0 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 00 00
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SB 35 (2017) 00
Ministerial and Discretionary Applications Applications Units Ministerial 00
Discretionary 00
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 32 0
Cells in grey contain auto-calculation formulas
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Units Constructed - SB 35 Streamlining Permits
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Data is auto-populated based on data entered in Tables A, A2, C, and D Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an o Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
2 34
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Summary Row: Start Data Entry Below 0 00 0 0
N/A
Table A
Cells in grey contain auto-calc
1 5
Project Identifier Unit Types Proposed Units - Affordability by Hou Housing Development Applic
ITEM 7.4
optional field
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Project Type Notes
6 7 8 9 11 12 13
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
00 0 0 0
0 culation formulas
usehold Incomes Density Bonus Law Applications
10 cations Submitted
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A2
23 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Summary Row: Start Data Entry Below 0 0 0 00 0
N/A
1 Unit Types Affordability by Household Incomes - Completed Entitlem 4 Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Un ITEM 7.4
Cells in grey contain auto-calculation formulas
56 89
Above
ModerateIncome
Entitlement
Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted 0 00 000 0 0 0 000
0 0
ment Affordability by Household Incomes - Building Permits 7 Note: "+" indicates an optional field
its
ITEM 7.4
Streamlining Infill
11 12 13 14 15 16 17
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was
APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
000 0 0 0 0
0 Affordability by Household Incomes - Certificates of Occupancy 10 Housing with Financial Assistance
and/or Deed Restrictions
ITEM 7.4
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
18 19 20 21 22 23 24
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 Demolished/Destroyed Units Density Bonus
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - -
Above Moderate 542 - - - - - - - - - - - 542
997
- - - - - - - - - - - 997
5 67
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date
Total Units
Remaining
64 - - - - - - - - - - 64
VLI Deed Restricted
VLI Non Deed Restricted
LI Deed RestrictedLI Non Deed Restricted
MI Deed Restricted
MI Non Deed Restricted
Above Mod Income
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD s online APR system, or contact HCD staff at [email protected].
192
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. -
Moderate
127 136 192
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
127 136
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low- Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses N/A
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
ITEM 7.4
Jurisdiction Laguna Woods
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program H-1.1.1. Rezone
the 17 potential housing
sites identified in the
Housing Sites Inventory
and Analysis (Exhibit C) to
accommdate the City's
housing needs allocation
(Table H-1).
Policy Objective H-1.1. Make sites
available to accommodate current and
projected housing needs for groups at
all income levels, in accordance with
California Government Code Section
65583(c)(1).
Calendar Year 2023
Not yet Implemented: The City Council adopted the 2021
‐
2029 General Plan
Housing Element in August 2023. Rezoning work is in-process and tentatively scheduled to be completed in Calendar Year 2024.
Program H-1.2.1. Continue
to maintain website
information regarding
fees, exactions, and
affordability requirements
imposed by the City that
are applicable to housing
development projects, in
accordance with
California Government
Code Section 65940.1.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Ongoing Ongoing: Information responsive to California Government Code Section 65940.1 is available on the City's website.
Program H-1.2.2. Prepare
and maintain a webpage
with information related to
the 17 potential housing
sites identified in the
Housing Sites Inventory
and Analysis (Exhibit C),
including a Geographic
Information System (GIS)
map layer with geospatial
information.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Calendar Year 2023
Implemented: Information regarding the Housing Sites Inventory and Analysis is available on the City's website. A GIS map layer is available on the City's public GIS platform, which is accessible from the City's website.
Program H-1.2.3. Conduct
a market study and then
amend the existing
inclusionary housing
ordinance to modify the
minimum percentages of
new housing units that
must be deed-restricted
for extremely low, very
low, and low-income
households, as feasible
and advantageous to
promote the development
of affordable housing.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Calendar Year 2023
Not yet Implemented: The City released a Request for Proposals for Inclusionary Housing Market Study Services in March 2022, but received no proposals by the April 2022 deadline. Staff subsequently identified a potential consultant and obtained a proposal in January 2023. The City entered into a agreement with the selected firm on June 13, 2023 and has worked since then to complete this program. City Council consideration of the market study and an amended ordinance is tentatively scheduled for summer 2024.
Program H-1.2.4. Adopt an
ordinance creating an
expedited and fee reduced
lot consolidation process
for consolidations
involving any one or more
adjacent residentially
zoned parcels (including,
but not limited to, the
potential housing sites
identified in the Housing
Sites Inventory and
Analysis (Exhibit C)) for
the purpose of
incentivizing or making
more financially feasible
housing projects in which
at least 5% of housing
units are affordable for
extremely low income
households; at least 10%
of housing units are
affordable for very low or
low-income households;
or, at least 50% of housing
units are affordable for
moderate-income
households. To be
eligible, the affordable
housing units shall be
subject to an affordability
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Calendar Year 2023
Not yet Implemented: The City Council adopted the 2021
‐
2029 General Plan
Housing Element in August 2023. The City entered into an agreement with a consultant to provide recommendatons regarding both the manner in which such an ordinance could be drafted and the nature of potential "expedited and fee reduced" offerings. The consultant's initial recommendations were provided in 2023. City Council consideration of an ordinance is tenatively scheduled for fall 2024.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 ITEM 7.4
Program H-1.2.5. Adopt an
ordinance waiving or
reducing City building
permit fees for housing
projects in which at least
5% of housing units are
affordable for extremely
low income households;
at least 10% of housing
units are affordable for
very low or low-income
households; or, at least
50% of housing units are
affordable for moderateincome households. To be
eligible, the housing units
shall be subject to an
affordability covenant for
at least 55 years.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Calendar Year 2023
Not yet Implemented: The City Council adopted the 2021
‐
2029 General Plan
Housing Element in August 2023. An ordinance waiving or reducing City building permit fees for qualifying housing projects is tentatively scheduled for consideration of adoption concurrent with the next regularly scheduled fee schedule adoption in spring 2024.
Program H-1.2.6. Amend
various, existing housingrelated provisions of
the Laguna Woods
Municipal Code to
promote regulatory clarity.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Calendar Year 2023 Implemented: The amendments identified in this program were adopted by the City Council in 2023.
Program H-1.2.7.
Formalize written
procedures for the
application and
processing of housing
projects eligible for
streamlined, ministerial
approval pursuant to
California Government
Code Section 65913.4.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Calendar Year 2023 Implemented: Formalization of written procedures for project processing pursuant to California Government Code Section 65913.4 was completed in 2023.
Program H-1.2.8.
Investigate potential
incentives for the
development of housing
projects with features that
exceed the minimum
requirements set forth in
the California Building
Energy Efficiency
Standards. If feasible and
economical, adopt such
incentives.
Policy Objective H-1.2. Assist in the
development of adequate housing to
meet the needs of extremely low, very
low, low-, and moderate-income
households.
Within 11 Months of Each
Triennial California
Building
Standards Code Effective
Date for Investigation
Not yet Implemented: The effective date of the 2022 California Building Standards Code was January 1, 2023. Staff has completed an internal investigation of potential incentives but identified the need to retain the services of a technical expert to help evaluate the effectiveness of potential incentives. A proposal for such services was received in December 2023.
Program H-1.3.1. Continue
to consider transitional
housing a residential use
of property, subject only
to those restrictions that
apply to other residential
dwellings of the same
type in the same zoning
district.
Policy Objective H-1.3. Provide
reasonable accommodations for
housing designed for, intended for
occupancy by, or with supportive
services for, persons with disabilities.
Ongoing
Ongoing: The Laguna Woods Municipal Code considers transitional housing a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zoning district.
Program H-1.3.2. Continue
to consider supportive
housing a residential use
of property, subject only
to those restrictions that
apply to other residential
dwellings of the same
type in the same zoning
district.
Policy Objective H-1.3. Provide
reasonable accommodations for
housing designed for, intended for
occupancy by, or with supportive
services for, persons with disabilities.
Ongoing
Ongoing: The Laguna Woods Municipal Code considers supportive housing a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zoning district.
Program H-1.3.3. Continue
to permit supportive
housing by right in all
zoning districts where
multifamily and mixed
uses are permitted.
Policy Objective H-1.3. Provide
reasonable accommodations for
housing designed for, intended for
occupancy by, or with supportive
services for, persons with disabilities.
Ongoing Ongoing: The Laguna Woods Municipal Code permits supportive housing by right in all zoning districts where multifamily and mixed uses are permitted.
Program H-1.3.4. Amend
various, existing housingrelated provisions of the
Laguna Woods Municipal
Code to conform to state
law.
Policy Objective H-1.3. Provide
reasonable accommodations for
housing designed for, intended for
occupancy by, or with supportive
services for, persons with disabilities.
Calendar Year 2023 Implemented: The amendments identified in this program were adopted by the City Council in 2023.
Program H-1.4.1. Continue
to maintain an ordinance
that conforms to the
provisions of California
Government Code Section
65852.2 related to
accessory dwelling units
and junior accessory
dwelling units, including
amending the ordinance
as necessary.
Policy Objective H-1.4. Incentivize and
promote the creation of accessory
dwelling units that can be offered at
affordable rent for very low, low-, or
moderate-income households.
Ongoing
Ongoing: The Laguna Woods Municipal Code conforms to the provisions of California Government Code Section 65852.2 related to accessory dwelling units and junior accessory dwelling units.
ITEM 7.4
Program H-1.4.2. Prepare
and maintain a webpage
with information related to
Laguna Woods Municipal
Code requirements,
processing procedures,
and incentives pertaining
to the development of
accessory dwelling units
and junior accessory
dwelling units. Prepare
and maintain a flyer with
related information.
Policy Objective H-1.4. Incentivize and
promote the creation of accessory
dwelling units that can be offered at
affordable rent for very low, low-, or
moderate-income households.
Calendar Year 2023 Not yet Implemented: Due to an unexpected staffing issue, work on this project has not yet commenced. Staff anticipates completing this work in Calendar Year 2024.
Program H-1.4.3.
Designate and maintain a
“specialist” to assist with
the processing and
approval of applications
to develop accessory
dwelling units and junior
accessory dwelling units.
Policy Objective H-1.4. Incentivize and
promote the creation of accessory
dwelling units that can be offered at
affordable rent for very low, low-, or
moderate-income households.
Calendar Year 2022
Implemented: The City's Development Manager has been designated as a "specialist" to assist with the processing and approval of applications to develop accessory dwelling units and junior accessory dwelling units.
Program H-1.5.1. Continue
to maintain an ordinance
that conforms to the
provisions of California
Government Code Section
65583 related to
emergency shelters,
including amending the
ordinance as necessary.
Policy Objective H-1.5. Make sites
available to accommodate emergency
housing needs for homeless persons
and families, in accordance with
California Government Code Section
65583(a)(7).
Ongoing Ongoing: The Laguna Woods Municipal Code conforms to the provisions of California Government Code Section 65583 related to emergency shelters.
Program H-2.1.1. Prepare
and maintain a webpage
with information on home
improvement-related
financial assistance
opportunities available to
extremely low, very low,
and low-income
households. Train City
staff to make referrals
using the webpage.
Policy Objective H-2.1. Conserve and
improve the condition of the existing
affordable housing stock.
Calendar Year 2023
Not yet Implemented: Due to an unexpected staffing issue, work on this project has not yet commenced. Staff anticipates completing this work in Calendar Year 2024.
Staff has received inquiries regarding financial assistance to support energy efficiency improvements and successfully referred those individuals to Southern California Edison.
Program H-2.1.2.
Investigate potential
incentives for property
owners to extend and/or
expand existing
affordability covenants
beyond the planned
expiration date and/or
current number of
housing units, with an
emphasis on incentivizing
(i) affordability covenants
for extremely low and very
low income housing units,
and (ii) affordability
covenants that apply to
housing units in a range
of sizes. If feasible and
economical, adopt such
incentives.
Policy Objective H-2.1. Conserve and
improve the condition of the existing
affordable housing stock.
Calendar Year 2024 for
Investigation
Not yet Implemented: This program is scheduled for implementation in Calendar Year 2024 (for investigation).
Program H-2.2.1. Prepare
and maintain a webpage
with information on home
improvement-related
financial assistance
opportunities available to
persons with special
needs. Train City staff to
make referrals using the
webpage.
Policy Objective H-2.2. Promote
accessible and accommodating
housing options for persons with
special needs.
Calendar Year 2023
Not yet Implemented: Due to an unexpected staffing issue, work on this project has not yet commenced. Staff anticipates completing this work in Calendar Year 2024.
Staff has received inquiries regarding financial assistance to support energy efficiency improvements and successfully referred those individuals to Southern California Edison.
ITEM 7.4
Program H-2.2.2. Adopt an
ordinance waiving or
reducing City 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, as provided
for by California Health
and Safety Code Section
17951.7. Consider
including provisions
allowing for similar
building permit fee
waivers or reductions for
improvements to the
home of a person with a
qualifying disability that
are made to accommodate
that disability, regardless
of age. Prepare and
maintain a flyer with
related information.
Conduct annual outreach
to nonprofit organizations
known to provide medical
or social services to
residents with disabilities.
Conduct biennial outreach
Policy Objective H-2.2. Promote
accessible and accommodating
housing options for persons with
special needs.
Calendar Year 2023
Not yet Implemented: The City Council adopted the 2021
‐
2029 General Plan
Housing Element in August 2023. An ordinance waiving or reducing City building permit fees for qualifying home improvements is tentatively scheduled for consideration of adoption concurrent with the next regularly scheduled fee schedule adoption in spring 2024.
Program H-2.2.3. Provide
opportunities for
reimbursements, grants,
or other forms of financial
assistance to support
home improvements that
increase accessibility or
functionality for persons
with special needs.
Conduct annual outreach
to nonprofit organizations
known to provide medical
or social services to
residents with special
needs. Conduct biennial
outreach to residents
residing in census tracts
626.22 and 626.48 due to
their comparatively lower
economic domain scores
from the TCAC/HCD
Opportunity Map.
Policy Objective H-2.2. Promote
accessible and accommodating
housing options for persons with
special needs.
Calendar Year 2022 (as
funding permits)
Not yet Implemented: The City is developing a program using Permanent Local Housing Allocation funds to provide financial assistance to support home improvements that increase accessibility or functionality for persons with special needs. The City has submitted a Request for Coverage Determination to the California Department of Industrial Relations for the program under development and is currently awaiting a response.
Program H-2.3.1.
Formalize a proactive
code enforcement
program that focuses on
housing-related
rehabilitation needs,
results in repairs, and
seeks to mitigate potential
cost, displacement, and
relocation impacts on
residents.
Policy Objective H-2.3. Promote
housing conservation and revitalization. Calendar Year 2025 Not yet Implemented: This program is scheduled for implementation in Calendar Year 2025.
Program H-3.1.1. Improve
pedestrian accessibility
on sidewalks, curb
ramps, crosswalks, and
other public property
connecting housing with
transit stops, public
buildings, and
businesses.
Policy Objective H-3.1. Enhance access
to housing.
Ongoing (as funding
permits)
Ongoing: The City's Americans with Disabilities Act (ADA) Pedestrian Accessibility Project: Phase 7 was completed in Fiscal Year 2023-24. The City has been notified by the County of Orange that an additional project phase is being recommended to receive Community Development Block Grant funding in Fiscal Year 2024-25. The Orange County Board of Supervisors is expected to approve funding awards in spring 2024.
Program H-3.1.2. Pursue
partnerships and seek
funding to provide Laguna
Woods-based housing
mobility counseling
services. If feasible and
economical, implement
such services.
Policy Objective H-3.1. Enhance access
to housing.
Biennial Process to
Identify Interested and
Qualified Service
Providers; Beginning in
Calendar Year 2023
Not yet Implemented: Staff anticipates completing its biennial process to identify interested and qualified service providers in Calendar Year 2024. In January 2024, the City opened a new Outdoor Activity Room that is envisioned to provide additional space for hosting such on-site services.
ITEM 7.4
Program H-3.1.3. Adopt an
ordinance waiving or
reducing City building
permit fees, or providing
other incentives, for
housing projects that
prepare and implement an
affirmative marketing plan
designed to
attract renters or buyers
of diverse demographics,
including persons of
any race, color, religion,
sex, handicap, familial
status, or national origin.
Policy Objective H-3.1. Enhance access
to housing. Calendar Year 2023
Not yet Implemented: Due to an unexpected staffing issue, work on this project has not yet commenced. An ordinance waiving or reducing City building permit fees for housing projects that prepare and implement an affirmative marketing plan is tentatively scheduled for consideration of adoption concurrent with the next regularly scheduled fee schedule adoption in spring 2024.
Program H-3.2.1. Prepare
and maintain a webpage
with information on
housing mediation,
foreclosure assistance,
and multilingual tenant
legal counseling services.
Train City staff to make
referrals using the
webpage.
Policy Objective H-3.2. Protect existing
residents from displacement. Calendar Year 2023
Not yet Implemented: This program is scheduled for implementation in Calendar Year 2024. The initial webpage content was drafted in 2023 and is currently under final review.
Program H-3.2.2. Pursue
partnerships and seek
funding to provide Laguna
Woods-based housing
mediation, foreclosure
assistance, tenant legal
counseling services, and
vocational counseling
services. If feasible and
economical, implement
such services.
Policy Objective H-3.2. Protect existing
residents from displacement.
Biennial Process to
Identify Interested and
Qualified Service
Providers; Beginning in
Calendar Year 2023
Not yet Implemented: Staff anticipates completing its biennial process to identify interested and qualified service providers in Calendar Year 2024. In January 2024, the City opened a new Outdoor Activity Room that is envisioned to provide additional space for hosting such on-site services.
Program H-3.2.3.
Investigate potential
hazard mitigation
measures that would
reduce or eliminate the
long-term risk of
residential displacement
as a result of future
disasters. If feasible and
economical, implement
such hazard mitigation
measures
Policy Objective H-3.2. Protect existing
residents from displacement.
Calendar Year 2025 for
Investigation
Not yet Implemented: This program is scheduled for implementation in Calendar Year 2025 (for investigation).
Program H-3.2.4.
Investigate potential
incentives for property
owners of apartment and
cooperative housing units
for which tenants pay
usagebased energy
costs to make energy
efficiency improvements
that exceed the minimum
requirements set forth in
the California Building
Energy Efficiency
Standards. If feasible and
economical, implement
such incentives. Prioritize
incentives for residents
residing in census tracts
626.46 and 626.47 due to
those areas being
identified in this Housing
Element as susceptible to
displacement and having
the highest renter
vulnerability indices, as
feasible and economical.
Policy Objective H-3.2. Protect existing
residents from displacement.
Calendar Year 2024 for
Investigation
Not yet Implemented: This program is scheduled for implementation in Calendar Year 2024 (for investigation).
ITEM 7.4
Program H-3.2.5.
Investigate opportunities
to provide rental relief for
residents at risk for
homelessness. If feasible
and economical,
implement such
opportunities. Prioritize
rental relief for residents
residing in census tracts
626.46 and 626.47 due to
those areas being
identified in this Housing
Element as susceptible to
displacement and having
the highest renter
vulnerability indices, as
feasible and economical.
Policy Objective H-3.2. Protect existing
residents from displacement.
Calendar Year 2024 for
Investigation
Not yet Implemented: This program is scheduled for implementation in Calendar Year 2024 (for investigation).
Program H-4.1.1. Host an
annual public forum to:
Provide public
education related to the
purpose and scope of the
housing element, as well
as progress in its
implementation; and
Solicit public input on
the implementation of the
housing element, existing
and projected housing
needs for all economic
segments, and resources
and constraints relevant
to meeting housing
needs
Policy Objective H-4.1. Conduct annual
monitoring of the housing element.
Annually; Beginning in
Calendar Year 2023
Not yet Implemented: The City Council adopted the 2021
‐
2029 General Plan
Housing Element in August 2023. This program is scheduled for implementation in Calendar Year 2024 (and annually thereafter).
Program H-4.1.2. Prepare
and submit an annual
report to the City
Council, California
Governor’s Office of
Planning and Research,
and HCD with:
The information
required by California
Government Code Section
65400(a)(2), in the form
and manner specified;
and
A statement regarding
the general plan’s internal
consistency and, if
necessary, the
identification of corrective
actions that will be taken
to resolve any internal
inconsistency.
Policy Objective H-4.1. Conduct annual
monitoring of the housing element. Annually; Prior to April 1 Annually: California Government Code Section 65400 requires the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by HCD, and be considered at a public meeting before the City Council where members of the public must be allowed to provide oral testimony and written comments. The public meeting for this 2023 General Plan Annual Report was held concurrent with the City Council’s regular meeting on March 20, 2024. A final copy of the report will be submitted to OPR and HCD after the March 20, 2024 meeting.
Program H-4.2.1. Deliver
each adopted housing
element (including
amendments thereto) to
the El Toro Water District,
in accordance with
California Government
Code Section 65589.7(a).
Policy Objective H-4.2. Coordinate
implementation of this housing element
with the water and sewer agency.
Immediately Following
Each Adoption
As Needed: Adopted housing elements will be delivered to the El Toro Water District as required by California Government Code Section 65589.7(a).
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved N/A
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.
For detailed reporting requirements, see the chcklist here:
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community‐ development/docs/adequate‐sites‐checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 23 Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Summary Row: Start Data Entry Below 00
N/A
Ta
Above Moderate Income Units Converted to Moderat
For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that table, please ensure housing developments meet the
Project Identifier Unit Types
1 Affo
ITEM 7.4
Note: "+" indicates
an optional fieldCells in grey contain auto-calculation formulas Notes
6 Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
0 0 0 00 0
able F2
te Income Pursuant to Government Code section 65400.2
were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this e requirements described in Government Code 65400.2(b). 4 5
ordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA ITEM 7.4
Jurisdiction Laguna Woods
Reporting Period 2023 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site N/A
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
ITEM 7.4
Jurisdiction Laguna Woods Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted N/A
Summary Row: Start Data Entry Below
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subp Project Identifier Units (Bed
1 NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
ITEM 7.4
REPORT
n
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
5 6
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
paragraph (F) of paragraph (1) of subdivision (b) of Section 65915 s/Student Capacity) Approved
4 Annual Progress Report January 2020
ITEM 7.4
Jurisdiction Laguna Woods ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 No
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.
Notes
ITEM 7.4
Jurisdiction Laguna Woods
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Housing Needs Assessment $8,623.00 $8,623.00 None Necessary for implementing ‐ Updated Housing Needs Assessment Housing Constraints Analysis $886.00 $886.00 None Necessary for implementing ‐ Updated Housing Constraints Analysis Technical Assistance $19,039.00 $19,039.00 None Necessary for implementing ‐ As‐needed consultant support California Environmental Quality
Act (CEQA) $36,452.00 $36,452.00
Local
General
Fund
Necessary for implementing ‐ environmentalreview
Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 00 Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 00 Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 00 Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
CompletedCompleted
ITEM 7.4
7.5 DESIGNATED AGENDA POSTING LOCATIONS
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.5
R 24-XX 1 XX-XX-2024
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, REPEALING RESOLUTION NO. 17-30 AND
DESIGNATING POSTING LOCATIONS FOR AGENDAS FOR CITY
COUNCIL AND OTHER MEETINGS AS REQUIRED BY CALIFORNIA
GOVERNMENT CODE SECTION 54954.2
WHEREAS, California Government Code Section 54954.2 requires the City to post agendas for meetings of the City Council and other meetings subject to the Ralph M. Brown Act “... in a location that is freely accessible to members of the public and on the [City’s] Internet Web site...”; and WHEREAS, Resolution No. 17-30 designates locations for the posting of agendas pursuant to California Government Code Section 54954.2; and WHEREAS, the City satisfies the agenda posting requirements of California Government Code Section 54954.2 by posting agendas for meetings subject to the Ralph M. Brown Act at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637, and on the City’s Internet Web site; and WHEREAS, Resolution No. 17-30 additionally requires the City to post agendas at the Home Depot Center in the general vicinity of 24338 El Toro Road, Laguna Woods, CA 92637; and
WHEREAS, posting agendas at the Home Depot Center is not required by California Government Code Section 54954.2; and
WHEREAS, the Home Depot Center is private property that is not owned or controlled by the City; and
WHEREAS, after a recent review of agreements, staff became aware that the City does not have an agreement with the current property owner of the Home Depot Center for the posting of agendas at that location; and WHEREAS, staff has recommended deleting the requirement for agendas to be posted at the Home Depot Center due to the City’s lack of control over that location and the lack of an agreement with the current property owner.
ITEM 7.5
R 24-XX 2 XX-XX-2024
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Resolution No. 17-30 is hereby repealed in its entirety.
SECTION 2. When the posting of an agenda for a meeting is required by California Government Code Section 54954.2, such posting shall occur at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637, and on the City’s Internet Web site.
SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED on this XX day of XX 2024. _______________________________
NOEL HATCH, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 7.5
R 24-XX 3 XX-XX-2024
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. 24-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 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
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8.1 BUSINESSES TITLE OF LAGUNA WOODS
MUNICIPAL CODE
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ITEM 8.1
CC 03-20-2024 RM ITEM 8.1 – AR Page 1 of 7
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: March 20, 2024 Regular Meeting
SUBJECT: Businesses Title of Laguna Woods Municipal Code Recommendation
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Approve the introduction and first reading of an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING SECTIONS 6.02.010 AND 6.04.010 AND REPEALING CHAPTERS 6.06, 6.08, 6.10, 6.14, 6.16, AND 6.18 OF TITLE 6 (BUSINESSES) OF THE LAGUNA WOODS MUNICIPAL CODE ITEM 8.1
ITEM 8.1 – AR Page 2 of 7 CC 03-20-2024 RM
PERTAINING TO REGULATIONS, LICENSING REQUIREMENTS, AND
OTHER PROVISIONS APPLICABLE TO BUSINESSES OPERATING IN
LAGUNA WOODS, AND DETERMINING AND CERTIFYING THAT
THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Background
On September 20, 2023, the City Council directed the City Manager to draft an ordinance for future consideration by the City Council that would – if adopted by the City Council at a future meeting – require businesses operating from a fixed location in Laguna Woods (excluding home-based businesses) to register with the City. In the course of drafting such an ordinance for potential addition to Title 6 (“Businesses”) of the Laguna Woods Municipal Code, staff identified numerous chapters and sections of Title 6 for consideration of amendment or repeal.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on proposed modifications of the Laguna Woods Municipal Code (Attachment A).
Staff recommends that the City Council conduct a public hearing and initiate the adoption process for the proposed ordinance in order to clarify and enhance ease of use of the Laguna Woods Municipal Code by deleting and repealing various provisions that are unnecessary, duplicative of state law, and/or duplicative and/or in potential conflict with other provisions of the Laguna Woods Municipal Code.
A table identifying the rationale for each proposed modification follows.
Table 1: Rational for Proposed Modifications
Laguna Woods
Municipal Code
Reference
Rationale
Section
6.02.010(50)
Deletion of an unnecessary definition. The term “coincurrency dealer” is defined, but not subsequently used in the Laguna Woods Municipal Code.
Section
6.02.010(65)
Deletion of an unnecessary definition. The term “commercial hog ranch” is defined, but not subsequently used in the Laguna Woods Municipal Code.
ITEM 8.1
CC 03-20-2024 RM ITEM 8.1 – AR Page 3 of 7
Laguna Woods
Municipal Code
Reference
Rationale
Section
6.02.010(155)
Deletion of an unnecessary definition. The term “junk
collector” is defined, but not subsequently used in the Laguna Woods Municipal Code.
Section
6.02.010(160)
Deletion of an unnecessary definition. The term “junk
dealer” is defined, but not subsequently used in the Laguna Woods Municipal Code.
Section
6.02.010(185)
See rationale for deleting the “mobile x-ray unit operator” business license requirement in Section 6.04.010. This
definition of “mobile x-ray unit” is unnecessary if the “mobile x-ray unit operator” business license requirement is deleted.
Section
6.02.010(190)
See rationale for deleting the “mobile x-ray unit operator” business license requirement in Section 6.04.010. This
definition of “mobile x-ray operator” is unnecessary if the “mobile x-ray unit operator” business license requirement is deleted.
Section
6.02.010(255)
See rationale for deleting the “public dance” business license requirement in Section 6.04.010. This definition of “public dance” is unnecessary if the “public dance” business license requirement is deleted.
Section
6.02.010(255)
See rationale for repealing Chapter 6.14. This definition of “roadside market” is unnecessary if Chapter 6.14 is repealed.
Section
6.02.010(260)
Deletion of an unnecessary definition. The term “secondhand dealer” is defined, but not subsequently used in the Laguna Woods Municipal Code.
Section
6.02.010(265)
Deletion of an unnecessary definition. The term “secondhand dealer” is defined, but not subsequently used in the Laguna Woods Municipal Code.
Section
6.02.010(270)
See rationale for deleting the “security systems and security officers” business license requirement in Section 6.04.010 and repealing Chapter 6.06. This definition of “security officer” is unnecessary if the business license requirement in Section 6.04.010 is deleted and Chapter 6.06 is repealed.
Section
6.02.010(275)
See rationale for deleting the “security systems and security officers” business license requirement in Section 6.04.010 ITEM 8.1
ITEM 8.1 – AR Page 4 of 7 CC 03-20-2024 RM
Laguna Woods
Municipal Code
Reference
Rationale
and repealing Chapter 6.06. This definition of “security system” is unnecessary if the business license requirement in Section 6.04.010 is deleted and Chapter 6.06 is repealed.
Section
6.02.010(285)
See rationale for deleting the “shows” business license requirement in Section 6.04.010 and repealing Chapter 6.16.
This definition of “show” is unnecessary if the business license requirement in Section 6.04.010 is deleted and
Chapter 6.16 is repealed.
Section
6.02.010(300)
See rationale for repealing Chapter 6.08. This definition of “taxicab stands” is unnecessary if Chapter 6.08 is repealed.
Section
6.04.010
Amendment of the list of required business licenses to delete “mobile x-ray unit operator,” “peddler,” “public dance,” “security system or security officer,” and “show.”
Mobile X-ray Unit Operator: It is unnecessary and
duplicative of state law for the City to regulate mobile x-ray unit operators. X-ray technicians and x-ray machines are subject to regulation by the California Department of Public Health and the State of California’s Radiation Control Law.
Peddler: The Laguna Woods Municipal Code’s definition of “peddler” overlaps, in part, with definitions for sidewalk vending under California Senate Bill 946 (Lara, Chapter 459, Statutes of 2018). Staff recommends deleting the
requirement for peddlers to obtain business licenses to avoid potential conflicts with the sidewalk vending provisions of the Laguna Woods Municipal Code. Laguna Woods
Municipal Code Chapter 6.44 includes a more robust
permitting requirement for sidewalk vendors than currently exists in Title 6 of the Laguna Woods Municipal Code. Staff also recommends deleting the requirement for peddlers to obtain business licenses due to an overbroad definition that could be construed as requiring certain home-based
businesses to obtain business licenses.
ITEM 8.1
CC 03-20-2024 RM ITEM 8.1 – AR Page 5 of 7
Laguna Woods
Municipal Code
Reference
Rationale
Public Dance: It is unnecessary for the City to regulate the mere act of dancing in a public setting. It is unclear what the business license requirement for public dances is meant to accomplish, but staff notes that it was carried over from the County of Orange’s Code of Ordinances after the City’s
incorporation in 1999. The City regulates certain special events – which could conceivably include public dances
under certain circumstances – under Laguna Woods
Municipal Code Chapter 7.20.
Security System or Security Officer: See rationale for
repealing Chapter 6.06.
Show: See rationale for repealing Chapter 6.16.
Chapter 6.06 Repeal of the business license requirement and regulations pertaining to “security systems and security officers.” It is unnecessary and duplicative of state law for the City to regulate security systems and security officers. Security systems and security guards are subject to regulation by the California Department of Consumer Affairs and the State of California’s Business and Professions Code.
Chapter 6.08 Repeal of regulations pertaining to “taxicab stands.” This chapter suggests that the City would permit permanent
waiting, loading, and unloading areas for taxicabs on its public streets, and that such areas would be identified by certain specified curb and pavement markings. The City’s practice is to not allow such encroachments on public streets.
On-street parking is also prohibited on all public streets. As such, this chapter is unnecessary.
Chapter 6.10 Repeal of regulations pertaining to “manure and fertilizer.” It is unnecessary for the City to specifically regulate the maintenance and standing time of “manure or stable,
barnyard, cow yard or poultry yard refuse” due to the
existence of property maintenance regulations in Laguna Woods Municipal Code Chapter 1.08 and the prohibition of ITEM 8.1
ITEM 8.1 – AR Page 6 of 7 CC 03-20-2024 RM
Laguna Woods
Municipal Code
Reference
Rationale
on-street parking on all public streets. There are also no railroads within the City’s jurisdiction despite the existing regulations addressing railroads. This chapter was carried over from the County of Orange’s Code of Ordinances after the City’s incorporation in 1999.
Chapter 6.14 Repeal of regulations pertaining to “solicitation and sales on and near highways.” This chapter conflicts with the manner in which the City is required to accommodate sidewalk
vending on public sidewalks under California Senate Bill 946 (Lara, Chapter 459, Statutes of 2018). Staff recommends repealing this chapter in order to avoid potential conflicts with California Senate Bill 946 and the sidewalk vending regulations in Laguna Woods Municipal Code Chapter 6.44.
Chapter 6.16 Repeal of regulations pertaining to “shows.” This chapter is unnecessary due to – and, in part, duplicative of – the special event regulations in Laguna Woods Municipal Code Chapter
7.20, the animal regulations in Title 5 of the Laguna Woods Municipal Code, and the property maintenance regulations in Laguna Woods Municipal Code Chapter 1.08.
Chapter 6.18 Repeal of regulations pertaining to “commercial manure dealers.” This chapter contains a registration requirement for commercial manure dealers that appears to be solely for the purpose of the City’s awareness. It is unnecessary as
commercial manure dealers are required to obtain a
conditional use permit from the City prior to commencing operations, which would provide such awareness.
If the recommended action is taken at today’s meeting, staff anticipates scheduling the second reading and consideration of adoption of the proposed ordinance for the City Council’s next regular meeting on April 17, 2024.
Staff anticipates agendizing consideration of the business registration ordinance requested by the City Council for the regular meeting on May 15, 2024.
ITEM 8.1
CC 03-20-2024 RM ITEM 8.1 – AR Page 7 of 7
Environmental Review
The City Council is asked to find that the proposed ordinance is not subject to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “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 Guidelines Section 15378(b)(2) excludes “[c]ontinuing administrative. . . activities, such as . . . general policy and procedure making” and Section 15378(b)(5) excludes “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” from its definition of “project.” The City Council is also asked to find that, even if the proposed ordinance were subject to CEQA, it would be exempt 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.
Fiscal Impact
Sufficient funds to support this project are included in the City’s budget.
Documents Available for Review
Related documents – including the proposed ordinance and the Laguna Woods Municipal Code – are available for public review at or from City Hall during normal working hours. The Laguna Woods Municipal Code is also available for review at www.cityoflagunawoods.org.
Attachment: A – Proposed Ordinance
Exhibit A – Proposed Code Amendments
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ITEM 8.1 – Attachment A
O 24-XX 1 XX-XX-2024
ORDINANCE NO. 24-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING SECTIONS 6.02.010 AND 6.04.010 AND REPEALING CHAPTERS 6.06, 6.08, 6.10, 6.14, 6.16, AND 6.18 OF TITLE 6 (BUSINESSES) OF THE LAGUNA WOODS MUNICIPAL CODE
PERTAINING TO REGULATIONS, LICENSING REQUIREMENTS, AND
OTHER PROVISIONS APPLICABLE TO BUSINESSES OPERATING IN
LAGUNA WOODS, AND DETERMINING AND CERTIFYING THAT
THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, staff has recommended amending Sections 6.02.010 and
6.04.010 and repealing Chapters 6.06, 6.08, 6.10, 6.14, 6.16, and 6.18 of Title 6 (Businesses) of the Laguna Woods Municipal Code (“Code Amendments”) to clarify and amend regulations, licensing requirements, and other provisions pertaining to businesses operating in Laguna Woods; and WHEREAS, the Code Amendments are intended to clarify and enhance ease of use of the Laguna Woods Municipal Code by deleting and repealing various provisions that are unnecessary, duplicative of state law, and/or duplicative and/or in potential conflict with other provisions of the Laguna Woods Municipal Code; and
WHEREAS, on March 20, 2024, the City Council held a duly noticed public hearing on this Ordinance at which it considered all of the information, evidence, and testimony presented, both written and oral.
THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that (i) each of the recitals to this Ordinance are true and correct, and are adopted herein as findings; (ii) the Code Amendments comply with all applicable requirements of State law; (iii) the Code Amendments will not adversely affect the health, safety, or welfare of the residents within the community; (iv) the Code Amendments are in the public interest of the City of Laguna Woods; and, (v) the Code Amendments are consistent with the Laguna Woods General Plan and its various elements.
SECTION 2. After reviewing the entire project record, the City Council hereby ITEM 8.1 – Attachment A
O 24-XX 2 XX-XX-2024
determines and certifies that this Ordinance is not subject to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “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 Guidelines Section 15378(b)(2) excludes “[c]ontinuing administrative. . . activities, such as . . . general policy and procedure making” and Section 15378(b)(5) excludes “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” from its definition of “project.”
After reviewing the entire project record, the City Council also hereby determines and certifies that that, even if this Ordinance were subject to CEQA, it would be exempt 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 3. Sections 6.02.010 and 6.04.010 of Title 6 (Businesses) of the Laguna Woods Municipal Code are hereby amended to read as set forth in Exhibit A, attached to this Ordinance and incorporated herein by this reference.
Chapters 6.06, 6.08, 6.10, 6.14, 6.16, and 6.18 of Title 6 (Businesses) of the Laguna Woods Municipal Code are hereby repealed in their entirety.
SECTION 4. This Ordinance shall take effect and be in full force and operation thirty (30) calendar days after adoption.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 6. The Mayor shall sign this Ordinance.
ITEM 8.1 – Attachment A
O 24-XX 3 XX-XX-2024
SECTION 7. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
SECTION 8. All of the above-referenced documents and information have been and are on file with the City Clerk of the City.
PASSED, APPROVED AND ADOPTED this XX day of XX 2024.
_____________________________________
NOEL HATCH, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________________
ALISHA PATTERSON, City Attorney
ITEM 8.1 – Attachment A
O 24-XX 4 XX-XX-2024
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 Ordinance No. 24-XX was duly introduced and placed upon its first reading at a regular meeting of the City Council on the XX day of XX 2023, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the XX day of XX 2024 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.1 – Exhibit A to Attachment A
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EXHIBIT A
CODE AMENDMENTS
Section 6.02.010(50) (“Definitions” > “Coin-currency dealer”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(50) Coin-currency dealer means a person dealing in a business where coins or currency are bought, sold, traded, pawned, auctioned, or accepted for sale on consignment at a price above the face value of such coins or currency upon the basis, express or implied, that the value above the face value is derived from the age, rareness, condition, mineral content, or historical Associations of the coins or currency. Except for coins or currency, The term "coin-currency dealer" shall not include a shop where secondhand merchandise, including but not limited to jewelry or metals, is bought, sold, traded, pawned, auctioned, or accepted for sale on consignment.
Section 6.02.010(65) (“Definitions” > “Commercial hog ranch”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(65) Commercial hog ranch means any premises where more than 40 head of swine are maintained, raised, fed or fattened, or where two or more head of swine are maintained, raised, fed or fattened upon commercial garbage.
Section 6.02.010(155) (“Definitions” > “Junk collector”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(155) Junk collector means any person, firm or corporation having no fixed place of business in the City, engaged in or carrying on the business of collection, buying or selling from house to house or from place to place, gathering, collecting, buying or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.
ITEM 8.1 – Exhibit A to Attachment A
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Section 6.02.010(160) (“Definitions” > “Junk dealer”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(160) Junk dealer means any person, firm or corporation having a fixed place of business in the City, engaged in or carrying on the business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.
Section 6.02.010(185) (“Definitions” > “Mobile x-ray unit”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(185) Mobile x-ray unit means any X-ray generator which is, or can be, used for the purpose of making medical diagnostic photofluorographic films of persons, and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place.
Section 6.02.010(190) (“Definitions” > “Mobile x-ray operator”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(190) Mobile x-ray operator means any person or other entity, who owns or legally possesses or operates a mobile x-ray unit.
Section 6.02.010(255) (“Definitions” > “Public dance”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(235) Public dance means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose of such gathering or as an incidental to some other purpose, and to which premises ITEM 8.1 – Exhibit A to Attachment A
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the public is admitted, either with or without charge, and to which not more than 2,500 persons shall be admitted.
Section 6.02.010(255) (“Definitions” > “Roadside market”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(255) Roadside market means any vehicle, booth, stand, tent, house or other place or structure at or in which goods, wares, merchandise, food, products, vegetables or other commodities are sold, exposed for sale, bartered or given away, or where any business of any nature or kind is transacted.
Section 6.02.010(260) (“Definitions” > “Secondhand dealer”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(260) Secondhand dealer as used in this chapter means, and includes, any person, partnership or corporation whose business is that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property.
Section 6.02.010(265) (“Definitions” > “Secondhand dealer”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(265) Secondhand dealer also means any person who owns or operates an auction or any other event at which two or more persons offer secondhand personal property for sale or exchange and where a fee is charged for the privilege either of offering or displaying such property for sale or exchange or for admission of prospective buyers to the area where such property is offered or displayed for sale or exchange, but does not include a person who owns the land on which the auction or event occurs if he has no control over such auction or event and has no personal knowledge of any facts arising ITEM 8.1 – Exhibit A to Attachment A
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from such auction or event which constitute a violation of any provisions of this chapter.
Section 6.02.010(270) (“Definitions” > “Security officer”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(270) Security officer means an individual engaged in the act of guarding property as the owner, member or employee of a security system.
Section 6.02.010(275) (“Definitions” > “Security system”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(275) Security system means any private service or private system which purports to furnish or does furnish to members or subscribers, any watchman or guard, either uniformed or otherwise, or any guard dog to patrol any part of the City or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the Sheriff in his capacity as a peace officer. Security system does not include the guarding of property of a single owner by one or more individuals who are employed by such owner.
Section 6.02.010(285) (“Definitions” > “Show”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(285) Show means a carnival, tent show or show in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given to audiences not exceeding 2,500 persons.
ITEM 8.1 – Exhibit A to Attachment A
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Section 6.02.010(300) (“Definitions” > “Taxicab stand”) of Chapter 6.02 (“General and Miscellaneous Provisions”) is hereby deleted from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
(300) Taxicab stand means the portion of a City highway designated by the Road Commissioner pursuant to this title for the use of taxicabs while waiting for employment.
Section 6.04.010 (“Licenses required”) of Chapter 6.04 (“Business Licenses”) of Title 6 (“Businesses”) of the Laguna Woods Municipal Code is hereby amended as follows (additions shown with underlining, deletions shown with strikethrough):
Sec. 6.04.010. - Licenses required.
It shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions or occupations within the City without first having obtained a license therefor in accordance with this chapter:
(1) Animal exhibition;
(2) Animal rental establishment;
(3) Bingo games;
(4) Business solicitor or canvasser;
(5) Commercial stable;
(6) Grooming parlor;
(7) Kennel;
(8) Mobile x-ray unit operator;
(9) Peddler;
(108) Pet shop;
(119) Poolroom;
(1210) Public bath, massagist or massage parlor;
(13) Public dance;
(1411) Retail sale of concealable firearms;
(15) Security system or security officer;
(16) Show;
(1712) Taxicab stand;
(1813) Figure model studio and figure models;
ITEM 8.1 – Exhibit A to Attachment A
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(1914) Dance studio and dance instructors;
(2015) Rap session establishment and interlocutrices;
(2116) Escort, escort bureau and introductory services.
Chapter 6.06 (“Security Systems and Security Officers”) is hereby repealed from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
CHAPTER 6.06. - SECURITY SYSTEMS AND SECURITY
OFFICERS
Sec. 6.06.010. - Specific licensing requirements.
Every applicant for a security system license must have a private patrol operator's license issued by the State of California. Every applicant for a security officer license must be a citizen of the United States.
Sec. 6.06.020. - Security officer to wear badge and carry license.
While engaged in his duties as such, a security officer shall keep upon his person at all times his license and shall wear a badge approved by the City Manager or designee, and shall wear no other badge of any kind, character or description, except a badge issued to him by lawful governmental authority. The City Manager or designee shall approve badges that comply with the provisions of this chapter.
Sec. 6.06.030. - Security system restricted to licensed security officers.
The operator of a security system shall neither employ nor utilize the services in any way of a security officer whose name is not registered with the City Manager or designee, and who does not possess a valid, subsisting security officer's license.
Sec. 6.06.040. - Security system vehicle and emblem to be distinctive.
Licensees shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol or traffic vehicle of the Sheriff or of any Police Department of any City within the County of Orange, nor shall any such vehicle display ITEM 8.1 – Exhibit A to Attachment A
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any emblem or decal which is an imitation of, or can be mistaken for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within the County of Orange.
Sec. 6.06.050. - Weapons and equipment specified by City Manager or designee.
The City Manager or designee shall specify the police equipment, including weapons, which a licensee may wear or carry while on duty. In specifying the equipment the City Manager or designee shall consider the risks the licensee will face and whether the licensee is trained to use the equipment. A licensee shall not wear any equipment or weapon or carry any weapon not so specified.
Sec. 6.06.060. - Uniforms to be distinctive.
A licensee shall not wear any badge or uniform which is in imitation of, or can be mistaken for, an official Sheriff's or Marshal's badge or uniform or an official police uniform of the police force of any City within the County of Orange, or an official uniform of any State officer.
Sec. 6.06.070. - Rank and title of licensee to be distinctive.
A licensee shall not assume or use a rank or title the same as or similar to any rank or title used by the Sheriff or by any Police Department within the County of Orange.
Sec. 6.06.080. - Security system’s use of rank and title to be distinctive.
A security system shall not use, grant or bestow, or permit any security officer to assume or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any Police Department within the County of Orange.
Sec. 6.06.090. - Licensee’s action restricted to patrolled property.
A licensee shall not, either by himself or through the actions of another, harass, annoy or commit a nuisance against or injure the property of, or unnecessarily enter or otherwise trespass upon the property of any person whose property the licensee is not employed to protect.
ITEM 8.1 – Exhibit A to Attachment A
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Sec. 6.06.100. - Licensee restricted from performing police duties.
A licensee shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the City Manager or designee. A licensee shall make a full report of such violation or other occurrence without unnecessary delay to the City Manager or designee.
Sec. 6.06.110. - Complaints investigated by City Manager or designee.
All complaints regarding the activities of a licensee shall be investigated by the City Manager or designee. Reports of such complaints shall be held in the City Manager or designee's files and shall be subject to inspection of the City Council at all times.
Sec. 6.06.120. - Return of license.
(a) A security officer shall surrender his license to his employer when his license is revoked or when he ceases to be employed as a security officer by the security system designated on his license.
(b) The licensee of a security system shall inform the City Manager or designee within five days after any security officer no longer is an owner, member or employee of such licensee and shall return the license of such security officer, or the revoked license of a security officer, to the City Manager or designee.
Chapter 6.08 (“Taxicab Stands”) is hereby repealed from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
CHAPTER 6.08. - TAXICAB STANDS
Sec. 6.08.010. - Location.
Every applicant for a license for a taxicab stand must show to the satisfaction of the issuing officer that the location of the stand is such that it will not interfere with the use of the highway by the public nor endanger the ITEM 8.1 – Exhibit A to Attachment A
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safety of the traveling public and that the public convenience and necessity require the establishment of the stand.
Sec. 6.08.020. - Designation of.
(a) Every taxicab stand established hereunder shall be indicated by white paint upon the entire curb surface and a six-inch wide white line boxing in the stand area. Inside the enclosed area (on the street surface) shall be painted in white letters 24 inches (minimum height) the words “TAXI ONLY.”
(b) The painting of the curb surface, lines and wording shall be done at the sole expense of the applicant both as to the initial work and any subsequent repainting which, in the opinion of the Road Commissioner, is necessary.
All work shall be done to the satisfaction of the Road Commissioner.
Chapter 6.10 (“Manure and Fertilizer”) is hereby repealed from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
CHAPTER 6.10. - MANURE AND FERTILIZER
Sec. 6.10.010. - Sanitary conditions required.
Any person, firm or corporation maintaining on his or its premises a distributing point where manure or stable, barnyard, cow yard or poultry yard refuse is loaded from one vehicle or receptacle to other vehicles or receptacles for the purpose of distribution, shall keep such premises in a clean and sanitary condition so that the same will not become a nuisance, health or fly menace to the surrounding community. The Health Department of the County of Orange is hereby vested with power and authority to establish and enforce such reasonable regulations as in its judgment shall be necessary for the control of fly breeding and other health menaces in connection with such premises.
Sec. 6.10.020. - Standing time limit of railroads and highways. (a) It shall be unlawful for any person, firm or corporation to allow any vehicle containing manure or stable, barnyard, cow yard or poultry yard ITEM 8.1 – Exhibit A to Attachment A
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refuse or other offensive or nauseous substance to stand upon or along any railroad or upon or along any public street or highway or any public place for any longer period than is reasonably necessary for the unloading and distribution of the same, such time in any event not to exceed 48 hours. (b) It shall be unlawful for any person, firm or corporation to allow to stand for a period longer than is reasonably necessary, and in any event not longer than 48 hours, any manure or stable, barnyard, cow yard or poultry yard refuse or other offensive or nauseous substances which have been deposited upon or along the line of any railroad or upon or along any public street or highway or any other public place in the County of Orange.
Chapter 6.14 (“Solicitation and Sales On and Near Highways”) is hereby repealed from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
CHAPTER 6.14. - SOLICITATION AND SALES ON AND NEAR
HIGHWAYS
Sec. 6.14.010. - Soliciting transportation, lodging and food on highways.
It shall be unlawful for any person, firm or corporation to solicit patronage for or on behalf of any person, firm or corporation, engaged in the business of transporting or transferring persons, baggage or property, or to solicit patronage for or on behalf of any hotel, lodginghouse or boardinghouse, cafe or restaurant, upon or within the public right-of-way within the City.
Sec. 6.14.020. - Restricted from public right-of-way.
It shall be unlawful for any person, firm or corporation to conduct a market commonly called or known as a "roadside market," or other business within or upon the right-of-way of any public highway or road within the City, or within or upon the intersections of rights-of-way of any public highways within the City, or in such a place and manner so as to interfere with the safe flow of normal traffic on such highway or road.
ITEM 8.1 – Exhibit A to Attachment A
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Chapter 6.16 (“Shows”) is hereby repealed from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
CHAPTER 6.16. - SHOWS
Sec. 6.16.010. - Scope.
All licensed shows shall comply with the requirements of this chapter.
Sec. 6.16.020. - Food service.
All food handling and food preparation shall meet the requirements of the California Uniform Retail Food Facilities Law (Health and Safety Code § 113700 et seq.).
Sec. 6.16.030. - Regulations; toilet facilities.
Toilets shall be either water flush or the chemical type. The chemical-type toilets shall be serviced by a licensed vacuum truck. An adequate number of toilets for each sex shall be provided according to the following table:
Number of Toilets
Required
Number of Persons in Attendance
Male Female
1 1-100 1-100
2 101-200 101-200
3 201-400 201-400
Note— Over 400, add 1 fixture for each additional 500 males and 1 for each additional 300 females.
Sec. 6.16.040. - Animal safekeeping.
All stock, such as ponies, dogs, monkeys or other animals, are to be kept tied or in cages, so as not to endanger human life or destroy growing crops or other property adjoining the showground.
Sec. 6.16.050. - Water supply.
ITEM 8.1 – Exhibit A to Attachment A
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All water supplied for domestic use shall be from an approved source.
Sec. 6.16.060. - Fly control.
Fly breeding shall be controlled by removing all organic waste daily from the premises. This includes cleaning of the vehicles, upon arrival, that transport the animals. Insecticides, both residual and quick knockdown sprays, shall be available and used as directed by the Health Officer.
Sec. 6.16.070. - Final cleanup.
All manure, garbage, trash or other types of refuse shall be removed from the premises, immediately after the last showing.
Chapter 6.18 (“Commercial Manure Dealers”) is hereby repealed from Title 6 (“Businesses”) of the Laguna Woods Municipal Code in its entirety (deletions shown with strikethrough).
CHAPTER 6.18. - COMMERCIAL MANURE DEALERS
Sec. 6.18.010. - Registration.
It shall be unlawful for any commercial manure dealer to gather, collect, haul, stockpile, spread or sell any manure or manure-like substance within the City without first registering with the City Manager or designee on forms prescribed by him. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration nor any subsequent renewal.
9.1 ANNUAL AUDIT SERVICES
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ITEM 9.1
CC 03-20-2024 RM ITEM 9.1 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Ad Hoc Auditor Selection Committee
Christopher Macon, City Manager
FOR: March 20, 2024 Regular Meeting
SUBJECT: Annual Audit Services
Recommendation
1. Waive the provisions set forth in Laguna Woods Municipal Code Section
3.06.080(d) related to a minimum number of competitive bids for an agreement with CliftonLarsonAllen LLP for annual audit services.
AND
2. Approve an agreement with CliftonLarsonAllen LLP for annual audit services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
Background
Laguna Woods Municipal Code Section 3.06.080(d) requires “all contracts for the performance of the annual independent audit of the City’s financial statements [to] be competitively bid by obtaining at least three bids for providing the required services, evaluating the bids pursuant to the criteria set forth in [Laguna Woods Municipal Code Section 3.06.080(a)], and making the award based on the best bid.
Further, the award of all such annual independent audit contracts, regardless of cost, shall be approved by the City Council. The City Council may authorize that such annual independent audit contracts be executed by the Mayor, City Manager, Purchasing Officer, or other designee.”
ITEM 9.1
ITEM 9.1 – AR Page 2 of 4 CC 03-20-2024 RM
The City’s current independent auditor for annual audit services, Brown Armstrong Accountancy Corporation, was awarded a contract to perform the fiscal years 2020- 21, 2021-22, and 2022-23 annual audits.
On December 20, 2023, the City Council appointed Councilmembers Conners and McCary to serve on an Ad Hoc Auditor Selection Committee from December 20, 2023 through March 20, 2024 to work with staff to prepare a request for proposals and then review, evaluate, and make recommendations to the City Council regarding proposals submitted by firms interested in providing annual audit services for fiscal years 2023-24, 2024-25, and 2025-26.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on a proposed agreement with CliftonLarsonAllen LLP for annual audit services (Attachment A). After conducting a competitive Request for Proposals (“RFP”) process and thoroughly considering CliftonLarsonAllen LLP’s qualifications, experience, and proposal, the Ad Hoc Auditor Selection Committee, City Manager, and Administrative Services Director/City Treasurer recommend that the City Council award the agreement to CliftonLarsonAllen LLP.
The RFP was released on January 18, 2024 with proposals due by February 9, 2024.
A public notice of the RFP’s availability was published in the Laguna Woods Globe on January 18, 2024. Notices were also directly distributed to 12 firms known to provide similar services. One proposal was received (CliftonLarsonAllen LLP).
CliftonLarsonAllen LLP proposes to provide services to the City from its Irvine office. That Irvine office provides or has provided similar services for the following cities, special districts, and other local governments:
Table 1: CliftonLarsonAllen LLP Partial Government Client List CliftonLarsonAllen LLP Partial Government Client List
City of Alhambra City of Santa Fe Springs
City of Burbank City of Temple City
City of Camarillo City of Victorville
City of Cerritos City of Westminster
City of Chino Camrosa Water District
City of Colton Casitas Municipal Water District
City of Covina Coachella Valley Water District
ITEM 9.1
CC 03-20-2024 RM ITEM 9.1 – AR Page 3 of 4
City of Del Mar El Toro Water District
City of El Monte Encina Wastewater Authority
City of El Segundo Fallbrook Public Utility District
City of Escondido Granada Community Services District
City of Fillmore Inland Empire Utilities Agency
City of Glendale La Habra Heights County Water District City of Hesperia Metro Wastewater Joint Powers Authority City of Irvine Midway City Sanitary District
City of La Cañada Flintridge Monterey Peninsula Regional Park District City of La Habra Moulton Niguel Water District
City of Lake Forest Orange County Mosquito & Vector Control District City of Lancaster Orange County Superintendent of Schools City of Norco Placentia Library District
City of Palos Verdes Estates Public Agency Retirement Services City of Pico Rivera South Coast Water District
City of Placentia Valley-Wide Recreation & Park District City of Rancho Palos Verdes Ventura Port District
City of San Buenaventura Western Municipal Water District City of Santa Ana Western Riverside County Regional Wastewater City of Santa Barbara Authority
In 2020, CliftonLarsonAllen LLP acquired White Nelson Diehl Evans LLP, another audit firm. White Nelson Diehl Evans LLP provided annual audit services to the City for fiscal years 2014-15, 2015-16, and 2016-17. During that time, White Nelson Diehl Evans LLP successfully assisted the City with its transition from preparing basic audited financial statements (prior to Fiscal Year 2014-15) to preparing annual comprehensive financial reports (beginning with Fiscal Year 2014-15). The principal and signing director that CliftonLarsonAllen LLP proposes to assign to the City’s agreement were previously employed by White Nelson Diehl Evans LLP. The proposed signing director worked on two of the three annual audits White Nelson Diehl Evans LLP prepared for the City.
Additional information on CliftonLarsonAllen LLP is available on their website at www.claconnect.com/en/locations/california/offices/cla-irvine.
On February 29, 2024, the Ad Hoc Auditor Selection Committee, City Manager, and Administrative Services Director/City Treasurer interviewed CliftonLarsonAllen LLP. Topics discussed during that interview included, but were not limited to, the ITEM 9.1
ITEM 9.1 – AR Page 4 of 4 CC 03-20-2024 RM
firm’s approach to municipal auditing, efforts to maintain continuity of personnel, and communication strategies with both elected officials and staff.
A key request of the Ad Hoc Auditor Selection Committee and staff in the RFP was for the selected firm to perform at least interim audit work in-person. Following the COVID-19 pandemic, a large number of local government audits are now conducted remotely. The Ad Hoc Auditor Selection Committee and staff felt, and continue to feel, that independent auditors working in-person, particularly during the interim audit period when – among other things – internal controls are assessed and fraud interviews are conducted, is valuable. CliftonLarsonAllen LLP’s proposal includes conducting interim audit work in-person.
Fiscal Impact
Sufficient funds to support the proposed agreement are included in the City’s budget.
Report Prepared With: Liz Torres, Administrative Services Director/City Treasurer Attachment: A – Proposed Agreement
ITEM 9.1 – Attachment A
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
CLIFTONLARSONALLEN LLP
FOR ANNUAL AUDIT 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 CliftonLarsonAllen LLP ("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 April 1, 2024 and ending at 11:59 p.m. on March 31, 2027. 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 9.1 – 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. RESERVED.
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 ("DELIVERABLES") shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. For the avoidance of doubt, DELIVERABLES does not include CONSULTANT’s workpapers which are proprietary information and access is restricted. 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 which have been paid for in full, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
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 ("RECORDS"). For avoidance of doubt, RECORDS does not include CONSULTANT’s workpapers which are proprietary information and access is ITEM 9.1 – Attachment A
restricted. 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 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.
ITEM 9.1 – Attachment A
(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.
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 ITEM 9.1 – Attachment A
shall perform all services described herein in accordance with applicable professional standards.
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.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
ITEM 9.1 – Attachment A
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, 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 ITEM 9.1 – Attachment A
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 gross negligence or willful misconduct 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 this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT.
ITEM 9.1 – Attachment A
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 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 ITEM 9.1 – Attachment A
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: CliftonLarsonAllen LLP
ATTN: Robert J. Callanan, CPA
2875 Michelle Drive, Suite 300
Irvine, CA 92606
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.
ITEM 9.1 – Attachment A
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 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 ITEM 9.1 – Attachment A
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 9.1 – 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:
Robert J. Callanan, CPA, Principal
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 9.1 – Attachment A
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall audit CITY’s annual financial statements for the fiscal years ending June 30, 2024 (Fiscal Year 2023-24); June 30, 2025 (Fiscal Year 2024-25); and, June 30, 2026 (Fiscal Year 2025-26). CONSULTANT shall perform its work in accordance with generally accepted auditing standards, the standards set forth for financial audits in the Government Accountability Office’s (“GAO”) Government Auditing Standards, the provisions of the federal Single Audit Act Amendments of 1996, and the U.S. Office of Management and Budget’s Circular A-133 Audits of States, Local Governments and Non-Profit Organizations, as may change from time-totime.
General Requirements
CONSULTANT shall provide services including, but not limited to:
• CONSULTANT shall express an opinion on the fair presentation of CITY’s basic financial statements in conformity with Generally Accepted Auditing Standards (“GAAS”) and Generally Accepted Accounting Principles (“GAAP”). • CONSULTANT shall not be required to audit the combining and individual fund financial statements and supporting schedules; however, CONSULTANT shall provide an “in-relation-to” report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements.
• CITY prepares Annual Comprehensive Financial Reports (“ACFRs”) which may be submitted for consideration of award for outstanding financial reporting to the California Society of Municipal Finance Officers and/or the Government Finance Officers Association at CITY’s discretion. CONSULTANT shall not be required to audit the statistical section of the ACFR; however, CONSULTANT shall be required to provide an “in-relation-to” report on the supporting statistical schedules based on the auditing procedures applied during the audit of the basic financial statements. • CONSULTANT shall provide an “in-relation-to” report on the schedule of federal financial assistance based on the auditing procedures applied during the audit of the basic financial statements. The minimum auditing standards set forth in the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget’s Circular A-133 Audits of States, Local Governments and Non-Profit Organizations shall be met in those years in which a single audit is required, unless an alternative compliance option is available and selected by CITY.
• CONSULTANT shall assist and advise CIY, as requested, in the preparation of reports and schedules for ACFRs including, but not limited to, reports and schedules for the Exhibit A – Page 1 of 4
ITEM 9.1 – Attachment A
Government-Wide Financial Statements, Fund Financial Statements, Notes to Basic Financial Statements, Required Supplementary Information, and Supplementary Schedules. CONSULTANT shall provide CITY with draft copies of the audited financial statements and suggested adjusting journal entries, if any. • CONSULTANT shall provide CITY with ten (10) printed copies of each ACFR document and one (1) electronic copy of each ACFR document. For purposes of this provision, “ACFR document” shall include the ACFR and all reports issued by CONSULTANT.
Reports to be Issued by CONSULTANT
• A report on the fair presentation of the financial statements of CITY, in conformity with generally accepted accounting principles.
• An “in-relation-to” report on the supporting statistical schedules. • An “in-relation-to” report on the schedule of federal financial assistance. • A single audit report, if applicable.
• A report on compliance with general and specific requirements related to major and nonmajor federal financial assistance programs. • A report on compliance with the Gann appropriation limit. • A report on the internal control structure based on CONSULTANT’s understanding of the control structure and assessment of control risk.
• A report on compliance with applicable laws and regulations. The report on compliance shall include information on all instances of noncompliance. • In the required reports on internal controls, CONSULTANT shall communicate any reportable conditions found during the audit. A “reportable condition” shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect CITY’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also considered material weaknesses shall be identified as such in the reports.
• Non-reportable conditions discovered by CONSULTANT shall be reported in a separate letter to management, which shall be referred to in the report on internal controls. • CONSULTANT shall provide a separate and immediate written report of all irregularities Exhibit A – Page 2 of 4
ITEM 9.1 – Attachment A
and illegal acts of which they become aware to the five (5) members of the City Council of CITY, the CITY’s City Manager, and the CITY’s City Attorney. • Any other report required by GAAS or other authoritative guidance.
Other Requirements
• CONSULTANT shall participate in two meetings with individuals designated by the City Council of CITY (or, similar meetings at CITY’s discretion) per audit. The first meeting shall occur during or following interim audit work and include, but not be limited to, CONSULTANT providing information on the audit process and changes in audit practices, as well as obtaining specific feedback regarding the engagement. The second meeting shall occur following year-end audit work and include a review of work and findings to-date. These meetings may be conducted in-person or virtually at the discretion of CONSULTANT.
• CONSULTANT shall participate in one meeting of the City Council of CITY per audit to present the audit’s findings and answer related questions from the City Council of CITY, CITY staff, and general public. CONSULTANT may participate in this meeting inperson or virtually at their discretion. • Professional Services. In addition to completing the annual audit, CONSULTANT shall be available during normal business hours throughout the term of the agreement to provide CITY with advice and guidance on financial accounting and reporting issues.
CONSULTANT shall also keep CITY abreast of the working requirements of all new accounting and financial reporting pronouncements of the U.S. Office of Management and Budget, the State of California, the Governmental Accounting Standards Board, and other applicable agencies.
• CONSULTANT shall designate audit personnel to include a designated senior staff member, manager, director, or partner, who will be responsible for responding to CITY’s telephone calls and email communications within one (1) business day.
Time Requirements
In order to complete the review of CITY’s internal control and compliance by the first week of November and the audit report by the following week, audit work shall be performed as follows, unless alternate arrangements have been agreed to by CITY and CONSULTANT:
• Interim Audit Work: CONSULTANT shall prepare an audit timetable and define the audit program and schedule, including the resource requirements from CITY staff with the time frame for each requirement. CONSULTANT shall commence interim audit work accordingly. CONSULTANT shall perform interim audit work in-person at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
Exhibit A – Page 3 of 4
ITEM 9.1 – Attachment A
• Year-End Audit Work: CONSULTANT shall update and complete the interim examination and review of the relevant financial statements. CONSULTANT’s year-end work may commence immediately following CITY staff’s year-end close of CITY’s financial records which shall be completed on or about the second week in September.
CONSULTANT shall perform year-end audit work in-person at Laguna Woods City Hall, or virtually, at CONSULTANT’s discretion.
Exhibit A – Page 4 of 4
ITEM 9.1 – Attachment A
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated using the following rates:
Table B-1: Compensation Schedule – Fixed Rates
Service Fiscal Year
2023-24
Fiscal Year
2024-25
Fiscal Year
2024-25
Regular Audit $31,510 $32,610 $33,750
Single Audit or Examination $5,250 for first
major program,
$3,000 for each
additional major
program
$5,430 for first
major program,
$3,000 for each
additional major
program
$5,620 for first
major program,
$3,000 for each
additional major
program
Gann Appropriation Limit $420 $430 $450
Table B-2: Compensation Schedule – Hourly Rates for Professional Services1 Title Fiscal Year
2023-24
Fiscal Year
2024-25
Fiscal Year
2024-25
Principal $400 per hour $414 per hour $428 per hour
Signing Director $300 per hour $311 per hour $322 per hour Senior $165 per hour $171 per hour $177 per hour
Associate $130 per hour $135 per hour $140 per hour
Administrative Support Staff $95 per hour $98 per hour $101 per hour 1 CONSULTANT shall bill “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. CONSULTANT shall provide all professional 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 for professional services.
The rates set forth in tables B-1 and B-2 are all inclusive.
Exhibit B – Page 1 of 1
ITEM 9.1 – 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: $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 9.1 – 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 9.1 – 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.
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
9.2 PAVEMENT MANAGEMENT PLAN
This page is intentionally blank.
ITEM 9.2
CC 03-20-2024 RM ITEM 9.2 – AR Page 1 of 3
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: March 20, 2024 Regular Meeting
SUBJECT: Fiscal Years 2024-34 Pavement Management Plan
Recommendation
Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, CONCERNING THE STATUS AND UPDATE
OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2
(M2) PROGRAM, AND ADOPTING A PAVEMENT MANAGEMENT
PLAN FOR FISCAL YEARS 2024-25 THROUGH 2033-34
Background
The City maintains approximately 9.82 centerline miles of pavement on four public streets in Laguna Woods (El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue), all of which are identified on the Orange County Master Plan of Arterial Highways (“MPAH”). Centerline miles are measurements of the length of streets, irrespective of the number of vehicle travel lanes.
Cities are required to adopt and update a pavement management plan at least every two years to remain eligible to receive Measure M2 (OC Go) funds. The format and process required to be used in the preparation of pavement management plans is established by the Orange County Transportation Authority (“OCTA”).
The City Council last adopted a pavement management plan on June 15, 2022 for Fiscal Years 2022-32.
ITEM 9.2
ITEM 9.2 – AR Page 2 of 3 CC 03-20-2024 RM
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on the proposed Fiscal Years 2024-34 Pavement Management Plan (Attachment A).
Staff recommends that the City Council adopt the proposed Fiscal Years 2024-34 Pavement Management Plan to comply with Measure M2 (OC Go) requirements and assist with the strategic development of capital improvement projects.
The proposed Pavement Management Plan was prepared by Kimley-Horn and Associates, Inc. Kimley-Horn and Associates has recently provided similar services for the cities of Agoura Hills, Artesia, and Monterey.
Following field inspections conducted in October 2023, the City’s pavement was found to be in “good” condition, overall, with an average Pavement Condition Index (“PCI”) of 88.00 of 100.00, which is an increase from the PCI measurements in November 2021 and February 2020, which were 86.60 and 86.17, respectively.
While not required by OCTA, the proposed Pavement Management Plan includes a 10-fiscal-year – instead of seven-fiscal-year – maintenance and rehabilitation plan.
That extended planning horizon assists with budgeting and long-range planning.
The proposed Pavement Management Plan would maintain the City’s streets in “good” condition or above for each of the 10 fiscal years analyzed. Please note that each year’s estimated PCI is based on greater projections and assumptions than the year prior. On a biennial basis, actual conditions are assessed via field inspection.
The following tables summarize changes in the proposed Pavement Management Plan that could affect the current and next two-year budgets:
Table 1: Impact of Proposed Pavement Management Plan on Current Budget Fiscal Year Current Project Proposed Project
2023-24 Westbound El Toro Road
between Canyon Wren and
Tanager. Budget: 325,821
N/A – Project is Complete
2024-25 Westbound El Toro Road
between Tanager and Calle
Corta. Budget: $195,795
Westbound El Toro Road
between Calle Corta and City
Limits. Budget: $264,000
Net Fiscal Impact (Fiscal Years 2023-25): Fiscal Year 2024-25 appropriations would need to be increased in the amount of $68,205.
ITEM 9.2
CC 03-20-2024 RM ITEM 9.2 – AR Page 3 of 3
Table 2: Impact of Proposed Pavement Management Plan on Next Budget Fiscal Year Current Project Proposed Project
2025-26 Northbound Moulton Parkway
between City Limits and Calle
Cortez. Budget: $405,799
Eastbound Santa Maria Avenue
between Santa Vittoria and
Moulton Parkway. Budget:
$259,000
2026-27 Westbound El Toro Road
between Calle Corta and City
Limits. Budget: $335,818
Northbound Moulton Parkway
between City Limits and Calle
Cortez. Budget: $329,000
Net Fiscal Impact (Fiscal Years 2025-27): When the budget is adopted, appropriations would need to be $153,617 less than anticipated.
If the recommended action is taken at today’s meeting, staff would incorporate the proposed Pavement Management Plan into the next proposed update of the Capital Improvement Program and corresponding budget adjustments.
Fiscal Impact
Pavement management plans are planning documents and do not directly result in actual or committed expenditures. Funding for projects recommended in pavement management plans is considered as part of the budget development process. The funding necessary to implement the proposed Pavement Management Plan would be considered during the next proposed update of the Capital Improvement Program.
At present, all funding for pavement management plan projects is drawn from the Road Maintenance & Rehabilitation Program Fund, which contains revenue raised through the Road Repair and Accountability Act of 2017 (“Senate Bill 1”). Even with the budget changes recommended in the proposed Pavement Management Plan, staff anticipates that the Road Maintenance & Rehabilitation Program Fund would have sufficient monies to fund all contemplated projects.
Report Prepared With: April Baumgarten, Public Works Administrator Attachment: A – Proposed Resolution
Exhibit A – Proposed Pavement Management Plan
This page is intentionally blank.
ITEM 9.2 – Attachment A
R 24-XX 1 XX-XX-2024
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, CONCERNING THE STATUS AND UPDATE
OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2
(M2) PROGRAM, AND ADOPTING A PAVEMENT MANAGEMENT
PLAN FOR FISCAL YEARS 2024-25 THROUGH 2033-34
WHEREAS, the City is required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (“OCTA”) in order to remain eligible to receive Measure M2 funds; and WHEREAS, the City is required to adopt and update a Pavement Management Plan, using the required format, regarding the status of road pavement conditions and implementation of the Pavement Management Plan on a biennial basis; and
WHEREAS, the City is required to provide a Pavement Management Plan that manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads; and WHEREAS, the Pavement Management Plan must be updated and adopted by June 30, 2024 for the City to remain eligible to receive Measure M2 funds; and WHEREAS, the Pavement Management Plan has been updated as required by the OCTA, and staff recommends that the City Council adopt the same to comply with Measure M2 requirements and assist with the strategic development of capital improvement projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council does hereby inform the OCTA that:
a) The Pavement Management Plan is in conformance with the Pavement Management Plan Submittal Template provided in the Countywide Pavement Management Plan Guidelines.
ITEM 9.2 – Attachment A
R 24-XX 2 XX-XX-2024
b) The City hereby adopts a Pavement Management Plan and will provide an updated Pavement Management Plan report, using the required format, to the OCTA by June 30, 2024. The updated Pavement Management Plan is attached hereto as Exhibit A.
c) The City Engineer or their designee is authorized to sign the Pavement Management Plan certification form.
SECTION 2. 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 2024. _______________________________
NOEL HATCH, 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. 24-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 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
Laguna Woods
Pavement
Management Plan
Prepared by: Kimley-Horn
Submitted to OCTA: 2/20/24
ITEM 9.2 - Exhibit A to Attachment A
1 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 Contents
I. Pavement Management Plan Certification .............................................................................................................. 2 II. Executive Summary .................................................................................................................................................. 3 III. Background (Optional) ............................................................................................................................................. 4 IV. Current Pavement Conditions (PCI) ......................................................................................................................... 5 V. Projected Pavement Conditions (PCI) ...................................................................................................................... 5 VI. Alternative Funding Levels ....................................................................................................................................... 6 VII. Current and Projected Backlog by Year of Pavement Maintenance Needs ............................................................ 7 VIII. Centerline Mileage ................................................................................................................................................... 7 IX. Percentage of Network in Each of Five Condition Categories Based on Centerline Miles ........................................ 8 X. Reduction in Local Match ........................................................................................................................................ 9 XI. Appendix A – Ten-Year Road Maintenance and Rehabilitation Plan Based on Current or Expected Funding Level and Maintenance of Current System PCIs ............................................................................................................. 10 XII. Appendix B – Complete Listing of Current Street Conditions ................................................................................ 13 XIII. Appendix C – GIS Digital Data ................................................................................................................................ 16 XIV. Appendix D – Quality Assurance/Quality Control Plan .......................................................................................... 18 XV. Appendix E – Pavement Management Data Files .................................................................................................. 23 XVI. Appendix F – GIS Maps – Current Conditions ........................................................................................................ 24 ITEM 9.2 - Exhibit A to Attachment A
2 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 I. Pavement Management Plan Certification
The City of Laguna Woods certifies that it has a Pavement Management Plan (PMP) in conformance with the criteria stated in the Orange County Transportation Authority (OCTA) Ordinance No. 3. This ordinance requires that a PMP be in place and maintained to qualify for allocation of revenues generated from renewed Measure M2.
The plan was developed by Kimley-Horn1
using PAVER 7.0, a pavement management system,
conforming to American Society of Testing and Materials (ASTM) Standard D6433, and contains, at a minimum, the following elements:
• Inventory of the Master Plan of Arterial Highways (MPAH) and local routes reviewed and updated biennially. The last update of the inventory was completed in October 2023 for MPAH streets. The Laguna Woods pavement network does not contain local streets. • Assessment of pavement condition for all routes in the system, updated biennially. The last field review of pavement condition was completed in October 2023. • Percentage of all sections of pavement needing:
o Preventive Maintenance: 48.9%
o Rehabilitation: 2.2%
o Reconstruction: 0.0%
• Budget needs for Preventive Maintenance, Rehabilitation, and/or Reconstruction of deficient sections of pavement for:
o Current biennial period $640,000
o Following biennial period $523,000
• Funds budgeted or available for Preventive Maintenance, Rehabilitation, and/or Reconstruction:
o Current biennial period $640,000
o Following biennial period $640,000
• Backlog by year of unfunded pavement rehabilitation, restoration, and reconstruction needs. • The Pavement Management Plan is consistent with countywide pavement condition assessment standards as described in the OCTA Countywide Pavement Management Plan Guidelines adopted by the OCTA Board of Directors.
A copy of this certification is being provided to the Orange County Transportation Authority.
Submitted by:
Tim Miller, P.E. City of Laguna Woods
Name (Print) Jurisdiction
2/20/2024
Signed Date
Consulting Professional Engineer, #C82327
Title
1 An electronic copy of the Pavement Management Plan (with PAVER or StreetSaver compatible files) has been, or will be, submitted with the certification statement
ITEM 9.2 - Exhibit A to Attachment A
3 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 II. Executive Summary
The roadway network in the City of Laguna Woods, California represents a significant investment by the residents of Laguna Woods. Getting to, from, and around the City depends on the serviceability of its roadway network. When roadway pavements become distressed with ruts, potholes, and cracks, it impacts the community: trips take longer, the ride is bumpier, and vehicle maintenance costs increase.
The City of Laguna Woods executed a Pavement Management Program update to investigate current conditions of approximately 9.8 miles of its roadway network. The information provided in this report details the methodology used to collect and analyze pavement distress data and existing pavement conditions across the City’s roadway network.
The results of the analysis indicate that as of October 2023, the Laguna Woods pavement network has a pavement condition index (PCI) value of 88. Approximately 99% of inspected roadways are in Satisfactory or better condition. Approximately 1% of roadways are in Fair condition, and 0% of inspected roadways are in Poor or worse condition. This distribution of conditions is concentrated on the upper end of the PCI scale.
In its recent Capital Improvement Program (CIP) projects, Laguna Woods has found success with pavement performance and aesthetics by executing a single mill and overlay project each year. This report lists CIP project recommendations for the next 10 years. Projects are assumed to consist of only mill and overlay and are limited to about $300,000 on average.
The City provided Kimley-Horn with contractor bid tabs for its upcoming 2024 mill and overlay project on westbound El Toro Road. These costs were converted into unit costs and separated into administrative and construction/material categories. Design costs are estimated at 5% of the construction cost and included in the Administration costs.
Kimley-Horn developed CIP project limits and priorities by identifying sections with the lowest PCI value in the network and then including adjacent sections, where possible, until the total project cost is between $250,000 and $350,000. Ten potential CIP projects for fiscal years 2025 through 2034 were determined and are presented with costs. Current and historical inspection data dating back to 2014 was used within the PAVER software to model the City’s average pavement deterioration rate. Through this process, it was found that pavements degrade at a rate of approximately 0.62 PCI points per year on average. This deterioration rate was used to determine the projected PCI values at the time of each CIP project.
The results of this pavement condition assessment indicate that that the overall PCI condition of the Project network is Good as of October 2023. This pavement evaluation was conducted in accordance with the methodology described herein, which constitutes the best available methodology for pavement analysis using a visual evaluation technique.
The pavement condition analysis summarized here was conducted at the network level and is not meant to replace the engineering and planning judgment required for project-level analysis and design work. It should be noted that Kimley-Horn has no control over the cost of labor, materials, equipment, or broader market conditions. Projects identified as needing work in the near-term should be evaluated by the County on a case-by-case basis to ensure that the network-level decisions appropriately translate to the individual project.
ITEM 9.2 - Exhibit A to Attachment A
4 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 III. Background (Optional)
The City’s roadway network was evaluated in accordance with the standard method for conducting visual pavement evaluations, ASTM D6433 Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys. Using this method, trained and certified personnel evaluated the Laguna Woods roadway network to assess pavement conditions by documenting distresses visible on the roadway surface. The ASTM method relies on selecting representative roadway areas and tabulating pavement distress types, quantities, and severities to determine the PCI value for the roadway section. Higher PCI scores represent better pavement conditions. A PCI value of 100 signifies a road in excellent condition while a PCI value of 0 represents a road in failed condition. PCI values are assigned a condition category.
Pavement conditions deteriorate over time as vehicle loading, environmental conditions, and drainage undermine the integrity of the pavement structure. Well-timed M&R activities can slow or reverse this deterioration. Systematically applying M&R treatments to the pavement surface before significant distress has been observed helps preserve pavement conditions and extends the pavement lifespan. Repairing the pavement after damage has occurred increases costs, often significantly. The figure below illustrates the financial impact of performing roadway M&R at different times in the pavement life cycle, with pavements in the poorest condition requiring costlier M&R treatments.
Satisfactory
Serious
Poor
Fair
Good
Very Poor
Failed
ITEM 9.2 - Exhibit A to Attachment A
5 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 IV. Current Pavement Conditions (PCI)
Current Network PCI Current MPAH PCI Current Local PCI
87.92 87.92 N/A
V. Projected Pavement Conditions (PCI)
Should be by projected PCI by year under existing or expected funding levels for next seven fiscal years.
The starting point for PCI projections is assumed to be the inspection date of October 17, 2023.
Fiscal Year Current Funding Entire Network
PCI MPAH Local
Today $320,000 87.92 87.92 N/A
2023-24 $320,000 88.54 88.54 N/A
2024-25 $264,000 88.76 88.76 N/A
2025-26 $259,000 89.09 89.09 N/A
2026-27 $329,000 89.52 89.52 N/A
2027-28 $305,000 88.99 88.99 N/A
2028-29 $331,000 89.21 89.21 N/A
2029-30 $325,000 88.85 88.85 N/A
ITEM 9.2 - Exhibit A to Attachment A
6 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 VI. Alternative Funding Levels
Maintain Existing Average Network PCI
Fiscal Year Maintain
Funding
Entire Network
PCI MPAH Local
Today $191,515 87.92 87.92 N/A
2023-24 $175,259 88.42 88.42 N/A
2024-25 $166,955 88.44 88.44 N/A
2025-26 $101,158 88.46 88.46 N/A
2026-27 $197,504 88.36 88.36 N/A
2027-28 $155,392 88.35 88.35 N/A
2028-29 $180,232 88.22 88.22 N/A
2029-30 $131,292 88.12 88.12 N/A
Improve Average Network PCI
Fiscal Year Increase PCI
Funding
Entire Network
PCI MPAH Local
Today $320,000 87.92 87.92 N/A
2023-24 $320,000 88.54 88.54 N/A
2024-25 $264,000 88.76 88.76 N/A
2025-26 $259,000 89.09 89.09 N/A
2026-27 $329,000 89.52 89.52 N/A
2027-28 $305,000 88.99 88.99 N/A
2028-29 $331,000 89.21 89.21 N/A
2029-30 $325,000 88.85 88.85 N/A
The “Improve Average Network PCI table is identical to the “Current Funding” table due to the fact that it meets the OCTA’s standard of improving the overall PCI after seven years of funding.
ITEM 9.2 - Exhibit A to Attachment A
7 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 VII. Current and Projected Backlog by Year of Pavement Maintenance Needs Fiscal Year Current Funding
Backlog
Maintain PCI
Backlog Increase PCI Backlog
Current $489,412 $593,953 $489,412
2023-24 $243,338 $442,518 $243,338
2024-25 $0 $295,761 $0
2025-26 $0 $211,310 $0
2026-27 $62,462 $360,053 $62,462
2027-28 $0 $224,178 $0
2028-29 $0 $348,874 $0
2029-30 $0 $237,831 $0
VIII. Centerline Mileage
Entire Pavement Network MPAH Local Roads
9.82 miles 9.82 miles 0 miles
ITEM 9.2 - Exhibit A to Attachment A
8 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 IX. Percentage of Network in Each of Five Condition Categories Based on Centerline Miles
Condition
Category
PCI
Range Network
Percent
Area of
Total
Pavement
Area of
Pavement
(sf)
Percent
Centerline
Mileage of
Network
Centerline
Mileage of
Network
Very Good 86-100
MPAH 55.0% 1,159,749
53.8%
5.28 Local N/A N/A N/A
Good 75-85
MPAH 43.6% 918,543
45.0%
4.42 Local N/A N/A N/A
Fair 60-74
MPAH 1.4% 28,656
1.1%
0.11 Local N/A N/A N/A
Poor 41-59
MPAH 0% 0
0%
0 Local N/A N/A N/A
Very Poor 0-40
MPAH 0% 0
0%
0 Local N/A N/A N/A
ITEM 9.2 - Exhibit A to Attachment A
9 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 X. Reduction in Local Match
A local agency match reduction of 10% of the eligible cost for Project O submitted for consideration of funding through the Comprehensive Transportation Funding Programs (CTFP) call for projects is available if the local agency either:
a. Shows measurable improvement of paved road conditions during the previous reporting period defined as an overall weighted (by area) average system improvement of one Pavement Condition Index (PCI) point with no reduction in the overall weighted (by area) average PCI in the Master Plan of Arterial Highways (MPAH) or local street categories; or
b. Have road pavement conditions during the previous reporting period, within the highest 20% of the scale for road pavement conditions in conformance with OCTA Ordinance No. 3, defined as a PCI of 75 or higher, otherwise defined as in “good condition”.
If applicable, please use the space below to justify the local agency’s eligibility for a reduction in Local Match based on the statement above.
Road conditions found through preparation of this PMP show that the City is eligible for Local Match Reduction based on the current network weighted PCI of 87.9. Additionally, the City has demonstrated on page 5 (V. Projected Pavement Conditions (PCI) – Current Funding) that the City’s weighted average PCI (by area) remains above a PCI of 75 after seven years.
ITEM 9.2 - Exhibit A to Attachment A
10 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 XI. Appendix A – Ten-Year Road Maintenance and Rehabilitation Plan Based on Current or Expected Funding Level and Maintenance of Current System PCIs The seven-year plan for road maintenance and rehabilitation should be based on current and projected budget. Street sections selected for treatment should be identified here. Specific data to be submitted should follow the format below:
MPAH
Limits of Work
Street Name From To Length of
Segment
Width of
Segment
Pavement
Area
Type of
Treatment
Cost of
Treatment
Year of
Treatment
LOCAL
Limits of Work
Street Name From To Length of
Segment
Width of
Segment
Pavement
Area
Type of
Treatment
Cost of
Treatment
Year of
Treatment
Please attach the seven-year road maintenance and rehabilitation plan, following the above template, after this sheet. The plan should be labeled Appendix A.
ITEM 9.2 - Exhibit A to Attachment A
11 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 MPAH
Limits of Work
Street
Name From To Length(ft)
Width
(ft)
Area
(SF)
Treatment
Type
Total
Cost
Year of
Treatment
EL TORO ROAD ALISO CREEK RD 528' SW/ALISO
CREEK 590 43 28,656 Mill & Overlay $ 89,000 2025
EL TORO ROAD CALLE CORTA ALISO CREEK RD 1,315 42 56,577 Mill & Overlay $ 175,000 2025
SANTA MARIA
AVENUE
WEST OF VIA VISTA / LH
CITY LIMIT SAN REMO DRIVE 552 25 16,240 Mill & Overlay $ 50,000 2026
SANTA MARIA
AVENUE SAN REMO DRIVE MOULTON PARKWAY 1,712 25 48,180 Mill & Overlay $ 149,000 2026
SANTA MARIA
AVENUE SANTA VITTORIA WESTERN LAGUNA HILLS CITY LIMIT 756 25 19,082 Mill & Overlay $ 60,000 2026
MOULTON
PARKWAY VIA IGLESIA CALLE CORTEZ 1,210 39 50,614 Mill & Overlay $ 157,000 2027
MOULTON
PARKWAY
CITY LIMITS 738' S/CALLE
ARAGON CALLE ARAGON 755 40 29,808 Mill & Overlay $ 93,000 2027
MOULTON
PARKWAY CALLE ARAGON VIA IGLESIA 575 40 25,808 Mill & Overlay $ 79,000 2027
EL TORO ROAD HOME DEPOT / TOWN
CENTER CALLE SONORA 750 42 33,150 Mill & Overlay $ 103,000 2028
EL TORO ROAD MOULTON PKWY
HOME
DEPOT/TOWN
CENTER
1,495 38 64,885 Mill &
Overlay $ 202,000 2028
MOULTON
PARKWAY EL TORO RD GATE NO.12 1,518 40 67,802 Mill & Overlay $ 210,000 2029
MOULTON
PARKWAY VIA CAMPO VERDE EL TORO RD 710 40 38,896 Mill & Overlay $ 121,000 2029
MOULTON
PARKWAY GATE NO.12 EL TORO RD 1,515 40 72,426 Mill & Overlay $ 224,000 2030
MOULTON
PARKWAY EL TORO RD VIA CAMPO VERDE 720 40 32,690 Mill & Overlay $ 101,000 2030
SANTA MARIA
AVENUE SAN REMO DRIVE WEST OF VIA VISTA / LH CITY LIMITS 552 30 19,704 Mill & Overlay $ 62,000 2031
SANTA MARIA
AVENUE MOULTON PARKWAY SAN REMO DRIVE 1,732 30 49,952 Mill & Overlay $ 156,000 2031
SANTA MARIA
AVENUE
WESTERN LAGUNA HILLS
CITY LIMIT SANTA VITTORIA 772 25 18,621 Mill & Overlay $ 58,000 2031
SANTA MARIA
AVENUE SANTA VITTORIA BC OF AVENIDA SOSIEGA 812 25 23,832 Mill & Overlay $ 74,000 2031 EL TORO ROAD 584' W / ALISO CREEK
ROAD ALISO CREEK ROAD 580 42 25,368 Mill & Overlay $ 78,000 2032 EL TORO ROAD AVENIDA SEVILLA PASEO DE VALENCIA 1,585 34 63,918 Mill & Overlay $ 198,000 2032
EL TORO ROAD TANAGER LN CALLE CORTA 1,175 42 52,775 Mill & Overlay $ 164,000 2033
EL TORO ROAD PASEO DE VALENCIA AVENIDA SEVILLA 1,585 34 57,258 Mill & Overlay $ 179,000 2033
MOULTON
PARKWAY VIA IGLESIA CALLE ARAGON 555 40 25,063 Mill & Overlay $ 78,000 2034
MOULTON
PARKWAY SANTA MARIA GATE NO.12 1,995 40 83,152 Mill & Overlay $ 258,000 2034 EL TORO ROAD CALLE CORTA TANAGER LANE 1,172 42 48,532 None $ - N/A
EL TORO ROAD TANAGER LANE CANYON WREN
LANE 2,085 42 87,728 None $ - N/A
EL TORO ROAD CANYON WREN LN TANAGER LN 2,105 42 90,255 None $ - N/A ITEM 9.2 - Exhibit A to Attachment A
12 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 MPAH
Limits of Work
Street
Name From To Length(ft)
Width
(ft)
Area
(SF)
Treatment
Type
Total
Cost
Year of
Treatment
EL TORO ROAD CANYON WREN LANE CALLE SONORA 1,545 42 68,908 None $ - N/A EL TORO ROAD CALLE SONORA CANYON WREN LN 1,560 42 68,832 None $ - N/A
EL TORO ROAD CALLE SONORA HOME DEPOT /
TOWN CENTER 750 42 36,091 None $ - N/A
EL TORO ROAD HOME DEPOT/TOWN
CENTER MOULTON PKWY 1,515 39 76,409 None $ - N/A
EL TORO ROAD MOULTON PKWY WILLOW CENTER 580 35 20,795 None $ - N/A EL TORO ROAD WILLOW CENTER MOULTON PKWY 580 34 28,230 None $ - N/A
EL TORO ROAD WILLOW CENTER CHURCHES
INTERSECTION 580 33 21,692 None $ - N/A
EL TORO ROAD CHURCHES
INTERSECTION WILLOW CENTER 580 34 20,430 None $ - N/A
EL TORO ROAD CHURCHES
INTERSECTION AVENIDA SEVILLA 1,175 34 45,915 None $ - N/A
EL TORO ROAD AVENIDA SEVILLA CHURCHES
INTERSECTION 1,185 34 42,896 None $ - N/A
EL TORO ROAD ALISO CREEK ROAD CALLE CORTA 1,310 42 57,924 None $ - N/A
MOULTON
PARKWAY CALLE ARAGON CITY LIMITS 738' S/CALLE ARAGON 735 40 29,786 None $ - N/A
MOULTON
PARKWAY CALLEZ CORTEZ VIA IGLESIA 1,205 40 48,200 None $ - N/A
MOULTON
PARKWAY CALLE CORTEZ VIA CAMPO VERDE 2,235 40 95,498 None $ - N/A
MOULTON
PARKWAY VIA CAMPO VERDE CALLE CORTEZ 2,215 40 90,718 None $ - N/A
MOULTON
PARKWAY GATE NO.12 SANTA MARIA 1,960 40 83,222 None $ - N/A
RIDGE ROUTE
DRIVE MOULTON PARKWAY 350' E / MOULTON PARKWAY 425 36 16,040 None $ - N/A
SANTA MARIA
AVENUE BC OF AVENIDA SOSIEGA SANTA VITTORIA 815 25 24,390 None $ - N/A ITEM 9.2 - Exhibit A to Attachment A
13 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 XII. Appendix B – Complete Listing of Current Street Conditions A complete listing of current pavement conditions should be included in this report. Specific data to be submitted should follow the format below:
MPAH
Street Name From To Width of Segment Area Current PCI Most Recent Inspection Date
LOCAL
Street Name From To Width of Segment Area Current PCI Most Recent Inspection Date
Please attach the complete street listing, following the above template, after this sheet. The pages should be labeled Appendix B.
ITEM 9.2 - Exhibit A to Attachment A
14 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 MPAH
Street Name From To Width
(ft)
Area
(SF)
Current
PCI
Date of
Inspection
EL TORO ROAD ALISO CREEK RD 528' SW/ALISO CREEK 43 28,656 70 10/17/2023 EL TORO ROAD 584' W / ALISO CREEK ROAD ALISO CREEK ROAD 42 25,368 84 10/17/2023 EL TORO ROAD CALLE CORTA TANAGER LANE 42 48,532 88 10/17/2023 EL TORO ROAD TANAGER LN CALLE CORTA 42 52,775 84 10/17/2023 EL TORO ROAD TANAGER LANE CANYON WREN LANE 42 87,728 89 10/17/2023 EL TORO ROAD CANYON WREN LN TANAGER LN 42 90,255 100 10/17/2023 EL TORO ROAD CANYON WREN LANE CALLE SONORA 42 68,908 87 10/17/2023 EL TORO ROAD CALLE SONORA CANYON WREN LN 42 68,832 90 10/17/2023 EL TORO ROAD CALLE SONORA HOME DEPOT / TOWN CENTER 42 36,091 92 10/17/2023
EL TORO ROAD HOME DEPOT / TOWN
CENTER
CALLE SONORA 42 33,150 83 10/17/2023
EL TORO ROAD HOME DEPOT/TOWN CENTER MOULTON PKWY 39 76,409 87 10/17/2023 EL TORO ROAD MOULTON PKWY HOME DEPOT/TOWN CENTER 38 64,885 79 10/17/2023 EL TORO ROAD MOULTON PKWY WILLOW CENTER 35 20,795 97 10/17/2023 EL TORO ROAD WILLOW CENTER MOULTON PKWY 34 28,230 97 10/17/2023 EL TORO ROAD AVENIDA SEVILLA PASEO DE VALENCIA 34 63,918 84 10/17/2023 EL TORO ROAD PASEO DE VALENCIA AVENIDA SEVILLA 34 57,258 86 10/17/2023 EL TORO ROAD WILLOW CENTER CHURCHES INTERSECTION 33 21,692 97 10/17/2023 EL TORO ROAD CHURCHES INTERSECTION WILLOW CENTER 34 20,430 96 10/17/2023 EL TORO ROAD CHURCHES INTERSECTION AVENIDA SEVILLA 34 45,915 95 10/17/2023 EL TORO ROAD AVENIDA SEVILLA CHURCHES INTERSECTION 34 42,896 95 10/17/2023 EL TORO ROAD ALISO CREEK ROAD CALLE CORTA 42 57,924 91 10/17/2023 EL TORO ROAD CALLE CORTA ALISO CREEK RD 42 56,577 82 10/17/2023
MOULTON
PARKWAY
VIA IGLESIA CALLE CORTEZ 39 50,614 78 10/17/2023
MOULTON
PARKWAY
VIA IGLESIA CALLE ARAGON 40 25,063 85 10/17/2023
MOULTON
PARKWAY
CITY LIMITS 738' S/CALLE
ARAGON
CALLE ARAGON 40 29,808 79 10/17/2023
MOULTON
PARKWAY
CALLE ARAGON CITY LIMITS 738' S/CALLE
ARAGON
40 29,786 91 10/17/2023
MOULTON
PARKWAY
CALLE ARAGON VIA IGLESIA 40 25,808 84 10/17/2023
MOULTON
PARKWAY
CALLEZ CORTEZ VIA IGLESIA 40 48,200 91 10/17/2023
MOULTON
PARKWAY
CALLE CORTEZ VIA CAMPO VERDE 40 95,498 99 10/17/2023
MOULTON
PARKWAY
VIA CAMPO VERDE CALLE CORTEZ 40 90,718 97 10/17/2023
MOULTON
PARKWAY
EL TORO RD GATE NO.12 40 67,802 85 10/17/2023
MOULTON
PARKWAY
GATE NO.12 EL TORO RD 40 72,426 85 10/17/2023
MOULTON
PARKWAY
GATE NO.12 SANTA MARIA 40 83,222 91 10/17/2023
MOULTON
PARKWAY
SANTA MARIA GATE NO.12 40 83,152 85 10/17/2023
ITEM 9.2 - Exhibit A to Attachment A
15 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 MPAH
Street Name From To Width
(ft)
Area
(SF)
Current
PCI
Date of
Inspection
MOULTON
PARKWAY
VIA CAMPO VERDE EL TORO RD 40 38,896 79 10/17/2023
MOULTON
PARKWAY
EL TORO RD VIA CAMPO VERDE 40 32,690 80 10/17/2023
RIDGE ROUTE DRIVE MOULTON PARKWAY 350' E / MOULTON PARKWAY 36 16,040 91 10/17/2023
SANTA MARIA
AVENUE
WEST OF VIA VISTA / LH CITY
LIMIT
SAN REMO DRIVE 25 16,240 77 10/17/2023
SANTA MARIA
AVENUE
SAN REMO DRIVE WEST OF VIA VISTA / LH CITY
LIMITS
30 19,704 85 10/17/2023
SANTA MARIA
AVENUE
SAN REMO DRIVE MOULTON PARKWAY 25 48,180 83 10/17/2023
SANTA MARIA
AVENUE
MOULTON PARKWAY SAN REMO DRIVE 30 49,952 84 10/17/2023
SANTA MARIA
AVENUE
WESTERN LAGUNA HILLS CITY
LIMIT
SANTA VITTORIA 25 18,621 82 10/17/2023
SANTA MARIA
AVENUE
BC OF AVENIDA SOSIEGA SANTA VITTORIA 25 24,390 90 10/17/2023
SANTA MARIA
AVENUE
SANTA VITTORIA BC OF AVENIDA SOSIEGA 25 23,832 82 10/17/2023
SANTA MARIA
AVENUE
SANTA VITTORIA WESTERN LAGUNA HILLS CITY
LIMIT
25 19,082 85 10/17/2023
ITEM 9.2 - Exhibit A to Attachment A
16 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 XIII. Appendix C – GIS Digital Data
Introduction
The OCTA GIS Section maintains a spatial inventory of transportation infrastructure which mostly consists of major arterial streets, roads, and highways. A key component of road information is pavement condition. Maintaining an inventory of pavement condition will enhance OCTA’s GIS visualization and analysis capabilities and assist in understanding the transportation investment needs throughout the region. Therefore, a GIS dataset in digital format should be included in this report.
If the agency is unable to provide pavement data in the requested GIS format, a request for exception must be submitted by the agency. When requesting an exception, the agency must provide a letter signed by the Public Works Director with an explanation and a timeline of when the agency will have capabilities of providing pavement data in the required GIS digital format.
Structure of GIS Data
The GIS dataset must consist of linear geographic features that represent road/street segments. All segments that are part of the report should be included in the GIS dataset. The attribute information of each segment should generally follow the format of the Complete Listing of Current Street Conditions in Appendix B above.
The GIS data requirements are discussed below. Most commercial and open-source GIS software provide industry-standard tools to manage GIS data to meet these requirements.
GIS Digital Data Format
The GIS data must be submitted in either one of the following formats:
• Esri Shapefile, or
• Esri File Geodatabase
Metadata
The GIS data are required to have associated metadata. The minimum metadata items required are:
• Title of Dataset
• Tags (A set of words that can be used by GIS to search for the resource. For example:
“pavement”, “transportation”, “roads”)
• Summary (A brief purpose statement of the dataset)
• Description (A brief narrative of the dataset’s content) • Credits (A recognition of those who created or contributed to the resource) ITEM 9.2 - Exhibit A to Attachment A
17 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 Spatial Geometry Type
The spatial geometry of the segment features must be lines that represent the roadway centerline as accurately as possible.
Projection
The GIS data must have spatial reference information and have its coordinate system identified and embedded in or associated with the data file(s). All GIS data submitted to OCTA should be in the following projected coordinate system:
• NAD 1983 State Plane California VI FIPS 0406 (US Feet) - More information about this system can be found at: https://spatialreference.org/ref/epsg/nad83-california-zone-6-ftus/ GIS Feature Attributes
The required segment attributes are:
• Street name
• Unique segment identifier (Segment ID from original source if available) • Name of intersecting road at the beginning of a segment • Name of intersecting road at the end of the segment
• Current pavement condition index (PCI)
• Current PCI inspection date
• Length of road segment in feet
• Width of road segment in feet
• Paved area of road segment in square feet or square yards • Projected PCI at end of Seven-Year Road Maintenance and Rehabilitation Plan Additional attributes such as number of through travel lanes, direction of travel and pavement surface type may be provided. An example of a GIS attribute table for road segments is shown below (Note that there are additional attributes such as surface, functional class, and number of travel lanes).
ITEM 9.2 - Exhibit A to Attachment A
18 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 XIV. Appendix D – Quality Assurance/Quality Control Plan Introduction
When performing data collection in any field, the need for quality control is paramount as it is essential for accurate planning, analysis, and design. This is particularly true when collecting pavement distress data for a pavement management system.
The Quality Assurance/Quality Control (QA/QC) Plan establishes minimum quality standards for performance and procedures for updates of the pavement management system.
Objectives
This document constitutes a formal QA/QC Plan for the City of Laguna Woods. It was prepared on 2/13/2024 and last revised on 2/14/2024.
Specifically, it is intended for the 2023 Pavement Management Plan Update. The focus is on the collection of network-level pavement distress data (defined by National Cooperative Highway Research Program (NCHRP)) Synthesis 401 Quality Management of Pavement Data Collection, as “Network-level data collection involves collection of large quantities of pavement condition data, which is often converted to individual condition indices or aggregated into composite condition indices.”) This document also addresses the QA/QC plan requirements of the Orange County Transportation Authority (OCTA)’s “Countywide Pavement Management Plan Guidelines” (section 2.4), originally adopted in May 2010.
Structure of QA/QC Plan
The following components are addressed in this QA/QC Plan:
• Condition survey procedures used
• Accuracy required for data collection
• Inspector qualifications and experience
• Safety
ITEM 9.2 - Exhibit A to Attachment A
19 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 Condition Survey Procedures
The governing document in performing condition surveys for the City of Laguna Woods is ASTM D6433 “Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys.” Both asphalt concrete (AC) and Portland cement concrete (PCC) pavements are included in this protocol. The following distresses are collected for each pavement type.
Asphalt Concrete AC Pavements
1. Alligator (fatigue) cracking
2. Bleeding
3. Block cracking
4. Bumps and sags
5. Corrugation
6. Depression
7. Edge cracking
8. Joint reflection cracking
9. Lane/Shoulder drop off
10. Longitudinal & Transverse cracking
11. Patching and utility cut patching
12. Polished aggregate
13. Potholes
14. Railroad crossing
15. Rutting
16. Shoving
17. Slippage cracking
18. Swell
19. Weathering
20. Raveling
Portland Cement Concrete (Jointed)
1. Blowup/buckling
2. Corner breaks
3. Divided slab
4. Durability (“D”) cracking
5. Faulting
6. Joint seal damage
7. Lane/shoulder drop-off
8. Linear cracking
9. Patching (large) and utility cuts
10. Patching (small)
11. Polished aggregate
12. Popouts
13. Pumping
14. Punchout
15. Railroad crossing
16. Scaling, map cracking, and crazing
17. Shrinkage cracks
18. Spalling (corner)
19. Spalling (joint)
Any exceptions to the above procedures are discussed before any surveys are performed. These are documented in the paragraphs below.
All surveys are performed as walking surveys, and a minimum 10% sampling rate is utilized. Field crews are typically composed of two people. The safety of field personnel is paramount in all instances.
ITEM 9.2 - Exhibit A to Attachment A
20 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 The sample unit selected for assessment must be representative of the entire pavement section. This assumes that the section is homogenous. If it is not homogeneous, then the section must be split according to the criteria agreed upon by the agency. Typically, the criteria used are:
• Pavement condition
• Construction age, if known
• Maintenance history, if known
• Traffic volumes (or functional classification as a surrogate) • Surface types (e.g., asphalt concrete or Portland cement concrete) • Geometric elements (e.g., width)
Any modifications to the section inventory data are documented in the pavement management report.
A sample unit must be between 2,500 ± 1,000 square feet in conformance with ASTM D6433 protocols.
Typical sample unit dimensions are 100 feet long by the width of the street. Streets that are wider than 40 feet wide will have shorter lengths (generally 50 feet) or if they are divided by a raised median, separate sample units are taken in each direction.
Any pavement areas that are not representative of the section will be noted and surveyed as an additional sample unit.
Accuracy Required for Data Collection
The accuracy required for data collection has two components, both of which are further described in the following paragraphs.
• Re-inspections
• PCI comparisons with past surveys
Random and Systematic Re-Inspections
Random Re-inspections
Random re-inspections will include a representative selection across the following categories:
• Functional classes (e.g., MPAH, locals)
• Surface types (e.g., asphalt concrete or Portland cement concrete) • Pavement conditions (e.g.; good, fair, poor)
• Inspection personnel
• Geographical areas, if applicable
Systematic Re-inspections
For systematic re-inspections, this could be due to observed trends such as specific treatment types (e.g., open-graded mixes), a specific inspector, or geographical area. In such cases, more than 5% will be re-inspected.
ITEM 9.2 - Exhibit A to Attachment A
21 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 Acceptability Criteria
At the time of re-inspection, the actual distresses will be re-inspected and verified, and any corrections made, if necessary. Distress types and severities must be the same and re-measured quantities within ±10% of the original measured quantity.
If corrections are required on more than 10% of the re-inspected sample unit, then an additional 5% will be re-inspected. This will continue until more than 95% of the re-inspected sections meet the acceptability criteria.
PCI Comparison with Past Surveys
As another level of quality control, new PCI values are compared with previous PCI values. If they differ by more than ±10 PCI points, these sections are automatically flagged for further investigation.
If PCI Increases 10 points
The section is investigated to see if a maintenance and rehabilitation event has occurred since the last survey but has not been recorded. Typically, these events may include activities such as:
• Crack sealing – changes medium or high severity cracking to low severity • Patching – alligator cracking that has been removed and patched, so that the resultant PCI is increased.
• Surface seals
• Overlay
• Others
An up-to-date maintenance and rehabilitation history file in the pavement management database is desirable, both for historical accuracy as well as to provide additional quality control.
If PCI decreases 10 points
The section is checked to see if the average deterioration rate (usually 3 to 4 points per year) is exceeded. If the drop in PCI is within range of what is acceptable, no further action is required. If the drop is more than the acceptable range, a re-inspection will be performed. The default performance curves in the pavement management software form the basis for what is acceptable.
ITEM 9.2 - Exhibit A to Attachment A
22 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 Inspector’s Qualifications and Experience
The Kimley-Horn inspectors have attended formal training on pavement condition distress surveys.
This training was conducted prior to performing any work using the ASTM D6433 protocols, consistent with OCTA’s requirements.
Inspector Name Date of ASTM D6433
Training Training Conducted By:
Connor Evanski 1/27/2023 OCTA
Jalen Rich 1/27/2023 OCTA
Safety Procedures
The City of Laguna Woods administers a health and safety program in compliance with the Cal Occupational Safety and Health Administration (OSHA) Title VIII, Section 3203.
Generally, the safety procedures include (Edit as applicable to agency):
• Inspectors to wear a Class 2 or 3 safety vest at all times; • Flashing beacon on all vehicles utilized for surveys; and • Stopped vehicles to be parked at locations away from moving traffic (e.g., nearby parking, shoulders).
On streets where there is a high volume of traffic or high speeds, additional measures may be necessary, such as:
• Surveys to occur during off-peak periods or on weekends; • Additional inspector to watch out for traffic; and
• Traffic flaggers in extreme cases.
---End of QA/QC Plan---
ITEM 9.2 - Exhibit A to Attachment A
23 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 XV. Appendix E – Pavement Management Data Files
The Pavement Management data files shall be submitted to OCTA in spreadsheet format. This must include the following information:
• Street name and limits for all public streets
• Street identifiers (Branch ID, Section ID)
• Direction (if applicable)
• Beginning and ending of each section
• Length, widths, and true areas
• Functional Classification (MPAH, Local)
• Number of travel lanes
• PCI and date of inspection
• Type of recommended treatment
• Cost of recommended treatment
• Street geometry as linear features
The Pavement Management data files are provided as an email attachment, or included as Appendix D.
ITEM 9.2 - Exhibit A to Attachment A
24 kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95814 (916) 858-5800 XVI. Appendix F – GIS Maps – Current Conditions
ITEM 9.2 - Exhibit A to Attachment A
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9.3 ADVANCED TRANSPORTATION
MANAGEMENT SOLUTION
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ITEM 9.3
CC 03-20-2024 RM ITEM 9.3 – AR Page 1 of 3
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: March 20, 2024 Regular Meeting
SUBJECT: Advanced Transportation Management Solution
Recommendation
1. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR 2023- 24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND ENDING
JUNE 30, 2025, INCREASING FUEL TAX FUND APPROPRIATIONS TO
TRANSITION THE ADVANCED TRANSPORTATION MANAGEMENT
SOLUTION TO A NEW INTERNET-HOSTED PLATFORM
AND
2. Waive the provisions set forth in Laguna Woods Municipal Code Section
3.06.080(c) related to competitive bidding for an agreement with Econolite Systems, Inc. for Centracs® Mobility services.
AND
3. Approve an agreement with Econolite Systems, Inc. for Centracs® Mobility services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney
ITEM 9.3
ITEM 9.3 – AR Page 2 of 3 CC 03-20-2024 RM
Background
Since incorporation, the City has managed its traffic signals using a computer server shared with the City of Laguna Hills, located at the Laguna Hills Civic Center. At present, the City’s traffic engineers remotely connect to the shared server to operate and access data from traffic signal controllers, battery backups, emergency vehicle preemption equipment, and video detection systems. The server runs Centracs® software, Econolite’s on-premises, advanced transportation management solution.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on a proposed transition in the advanced transportation management solution used to manage traffic signals. Specifically, the proposed transition is from Centracs® to Centracs® Mobility, an internet-hosted platform. Staff recommends that the City Council take the recommended action to improve the City’s ability to manage its traffic signals including, but not limited to, its ability to proactively identify traffic signal operations issues, be responsive to driver complaints, and prepare for future vehicle-to-everything (“V2X”) communication needs (e.g., the future operation of connected and automated vehicles). The proposed transition would also improve the City’s ability to protect its critical traffic management infrastructure by eliminating use of the shared server with the City of Laguna Hills.
A brochure describing Centracs® Mobility is included as Attachment A.
Recommendation 1
Adoption of a resolution amending and adopting the Fiscal Years 2023-25 Budget and Work Plan, increasing Fuel Tax Fund appropriations to transition the advanced transportation management solution to a new internet-hosted platform. The proposed resolution would increase Fiscal Year 2023-24 appropriations in the Fuel Tax Fund by $34,570 to accommodate the one-time and first year costs of the proposed transition. Please refer to the “Fiscal Impact” section of this agenda report for additional information.
Recommendation 2
Waiver of the provisions set forth in Laguna Woods Municipal Code Section
3.06.080(c) related to competitive bidding for an agreement with Econolite Systems, ITEM 9.3
CC 03-20-2024 RM ITEM 9.3 – AR Page 3 of 3
Inc. for Centracs® Mobility services. Due to the performance of the existing solution to-date; Econolite’s customer service and responsiveness to-date; the ability of the proposed solution to meet current and reasonably anticipated traffic management needs; and, the ease of integration and transition arising from maintaining continuity of solution providers, staff recommends waiving competitive bidding requirements that would otherwise apply to the proposed agreement.
Recommendation 3
Approval of an agreement with Econolite Systems, Inc. for Centracs® Mobility services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. The proposed agreement has been reviewed by the City Attorney’s Office and modified by Econolite in response to requests made by the City following such review.
Fiscal Impact
One-time costs associated with the proposed transition include a Centracs® Mobility setup fee ($28,750) and various new computer equipment and related configuration (estimated not-to-exceed $2,500). On an ongoing basis, the City would be required to pay an annual subscription fee for Centracs® Mobility which, for the first year, would be $3,320. Future traffic engineering costs are anticipated to be more limited for certain routine matters as Centracs® Mobility would allow some functions that currently require an on-site presence at traffic cabinets to be completed remotely.
The proposed resolution would increase Fiscal Year 2023-24 appropriations in the Fuel Tax Fund by $34,570 to accommodate the one-time and first year costs of the proposed transition. Sufficient funds to accommodate the increased appropriations are included in the Fuel Tax Fund’s unassigned balance, which totaled $531,240.57 as of February 29, 2024. Future costs would be considered and incorporated into transportation fund budgets during future budget development processes.
Report Prepared With: April Baumgarten, Public Works Administrator Attachments: A – Centracs® Mobility Brochure
B – Proposed Resolution
C – Proposed Agreement
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Cloud-Based Advanced
Traffic Management System
ITEM 9.3 - Attachment A
Since 2009, Econolite has led the industry in
providing Advanced Transportation Management
System (ATMS) solutions for hundreds of
customers across North America, controlling
tens of thousands of signalized intersections with
our Centracs® Mobility platform. The Centracs
Mobility platform has continually evolved with the
industry, adapting to both day-to-day operational
demands and providing leading-edge solutions
for the emerging needs of transportation, such
as the Connected Vehicle (CV) environment,
to ensure the highest levels of safety, system
reliability, and optimized mobility.
The Centracs Mobility platform is our collective
solution for transportation systems needs and is
comprised of our on-premise solution (Centracs)
and our cloud-based solution (Centracs Mobility).
Centracs Mobility affords agencies incredible
flexibility in deployment while delivering the most
functionality in the industry.
PLATFORM
Product Overview
Additionally, the platform can be utilized in a
hybrid capacity delivering both on-premise and
cloud-based services to distribute operations
and providing an ease of transition for existing
customers to the cloud if so desired.
Centracs Mobility's secure, cloud-based
Software-as-a-Service (SaaS) platform leverages
Microsoft Azure cloud computing services to
provide FedRAMP-compliant data storage for
agencies, the highest level of data security in
the industry. Centracs Mobility also delivers
comprehensive, modular traffic signal control
and intelligent automation. It allows agencies
the ability to deploy desired functionality ranging
from just the Essentials to a full Enterprise suite,
or a suite customized to specific needs. Centracs
Mobility offers advanced capabilities including
Signal Performance Measures (SPM), arterial
pattern optimization, data driven adaptive signal
control technology, and advanced features for
signal priority.
ITEM 9.3 - Attachment A
Available Modules
The Centracs Mobility platform offers agencies
a variety of traffic management tools and the
ability to customize, including the data analytic
capabilities of Signal Performance Measures
(SPM), signal status and display, or automated
data reporting for Autoscope® Vision video
detection sensors. Centracs Mobility offers the
following modules:
SPM (Signal Performance Measures)
Provides rich data analytics, leveraging the
high-resolution data capabilities of advanced
transportation controllers. Supports decision
making that enables development of performancebased operations and maintenance strategies. +Detect
Automates data reporting, analytics, and
monitoring for Autoscope Vision video detection
systems. It captures and leverages high-resolution
data collected by these sensors.
Device Management
Provides basic intersection status display and
remote front panel access to Econolite controllers.
Intersection Control
An intuitive enterprise-class system, providing
powerful and flexible ITS management, traffic
control, and data sharing in a single, easy-to-use
platform. Functional elements Include: scheduler,
map editor, and traffic responsive.
Signal Performance Measures User Interface
+Detect User Interface
Intersection Control User Interface
ITEM 9.3 - Attachment A
Traffic Management
Designed to provide real-time transportation
monitoring and control capabilities, Traffic
Management is a powerful ATMS platform. It
provides breakthrough V2X smart intersection
and traffic control capabilities, including
supporting connected and automated vehicles.
Provides expanded features for power users,
including action sets and alert escalation.
Timing / Pattern Optimizer
Leverages high resolution traffic data over user
selectable periods to generate performancebased traffic signal timing strategies that reduce congestion and eliminate retiming project costs.
It optimizes traffic signal coordination, reducing
travel times while increasing safety.
Interoperability
Provides support for installed non-Econolite
controllers. The module offers a generic NTCIP
1202 Database Editor, enabling a user to edit and
modify any compliant standards based NTCIP
1202 controller.
DMS (Dynamic Message Signs)
Designed to provide complete control of
DMS, including instantaneously updating
new messages. Vital traveler messages can
be uploaded and downloaded to the sign or
configured to automatically update.
Edaptive
The next-generation in adaptive signal control,
optimizing cycle, offset and splits in real-time.
It is built upon Econolite’s latest cloud-based
Centracs Mobility SPM and revolutionary Pattern
Optimizer solutions.
Edaptive User Interface
Interoperability User Interface
Maintenance Management System User Interface
Priority Control User Interface
ITEM 9.3 - Attachment A
Video
Provides enterprise-class IP video surveillance
that enables the visual monitoring of intersections
and roadways. It provides seamless management
of digital video across IP networks, supporting a
broad range of cameras.
Maintenance Management System
A centralized GIS-based asset management,
maintenance, and technician support cloud
software solution and includes a fully functional
smart device application. Works seamlessly with
ATMS systems to actively manage field assets,
reactive and preventative maintenance, and
performance measures programs.
Priority
Provides significant efficiency improvements
over traditional emergency vehicle preemption
and transit signal priority systems. It leverages
in-vehicle GPS and existing AVL systems to
calculate vehicle ETA at each signal with multiple
classifications and priority levels. Agencies can
cooperatively develop business rules for the
operation of the system.
Integrated Corridor
Leverages the high-resolution traffic data
collected to apply coordination strategies in
response to incidents or events to mitigate traffic
congestion and proactively avoid backups.
Centracs Mobility Suites
Centracs Mobility offers five software suites that incorporate various modules with increasing levels of functionality, including a completely customizable option that provides agencies with a customized OneStop-Shop traffic management solution. All suites include SPM, +Detect, and Device Management.
SUITES
MODULES Essentials Standard Signature Enterprise Custom* SPM ✓ ✓ ✓ ✓ ✓
+Detect ✓ ✓ ✓ ✓ ✓
Device Management ✓ ✓ ✓ ✓ ✓
Intersection Control ✓ ✓ ✓ *
Traffic Management ✓ ✓ ✓ *
Timing/Pattern Optimizer ✓ ✓ ✓ *
Interoperability ✓ ✓ ✓ *
Edaptive ✓ ✓ *
DMS ✓ ✓ *
Video ✓ ✓ *
MMS ✓ *
Priority ✓ *
Integrated Corridor ✓ *
*Specific solutions can be customized to fit the unique needs of our customers.
ITEM 9.3 - Attachment A
©2023 Econolite. All rights reserved. Econolite reserves the right to change or update these specifications at any time without prior notification. www.econolite.com [email protected]
1250 N. Tustin Avenue, Anaheim, CA 92807 714-630-3700
CNTRC-MOB 12.2023
Econolite Systems, Inc. (ESI) delivers industry-leading turn-key services across the complete ITS project life cycle – from design through maintenance and operations. Focusing on infrastructure-based ITS solutions, our capabilities extend to freeway and arterial applications, and new data platforms. We support agencies at both the state and local level and serve as their provider of choice for systems software, communications, integration, installation and maintenance for a broad array of ITS field devices, including Connected Vehicle technologies.
Our Team of licensed Civil, Electrical, Software, and Systems Engineers are ready to address your project design and integration project requirements.
ITEM 9.3 - Attachment A
ITEM 9.3 – Attachment B
R 24-XX 1 XX-XX-2024
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING FUEL TAX FUND
APPROPRIATIONS TO TRANSITION THE ADVANCED
TRANSPORTATION MANAGEMENT SOLUTION TO A NEW
INTERNET-HOSTED PLATFORM
WHEREAS, the Fiscal Years 2023-25 Budget (“Budget”) was adopted by the City Council on June 28, 2023; and
WHEREAS, subsequent to the adoption of the Budget, staff proposed a transition in the advanced transportation management solution used to manage traffic signals to improve the City’s ability to manage its traffic signals including, but not limited to, its ability to proactively identify traffic signal operations issues, be responsive to driver complaints, and prepare for future vehicle-to-everything (“V2X”) communication needs; and
WHEREAS, the proposed transition in the advanced transportation management solution used to manage traffic signals would also improve the City’s ability to protect its critical traffic management infrastructure by eliminating use of a shared server with the City of Laguna Hills; and
WHEREAS, the City Council wishes to increase Fiscal Year 2023-24 appropriations for the Fuel Tax Fund in the amount of $34,570, with the appropriations drawn from the unassigned Fuel Tax Fund balance, to proceed with the proposed transition in the advanced transportation management solution used to manage traffic signals; and
WHEREAS, the unassigned Fuel Tax Fund balance has sufficient funds to accommodate the proposed appropriations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
ITEM 9.3 – Attachment B
R 24-XX 2 XX-XX-2024
SECTION 1. Section 2 of Resolution No. 23-16, as previously amended by Resolution Nos. 23-25, 23-33, 24-02, and 24-07, is hereby amended, in its entirety, to read as follows:
The budget revenue projections are:
Fiscal Year
2023-24
Fiscal Year
2024-25
General Fund
Property Tax $3,297,700 $3,405,200
Property Transfer Tax $112,000 $114,900
Sales Tax $1,196,000 $1,233,000
Franchise Fees $751,800 $753,100
Transient Occupancy Tax $604,000 $620,000
Developing Processing Fees $814,400 $827,400
Interest $352,000 $340,000
Miscellaneous $207,700 $213,800
SUBTOTAL $7,335,600 $7,507,400
Capital Projects Fund
Intergovernmental $0 $0
Interest $0 $0
SUBTOTAL $0 $0
Fuel Tax $492,800 $503,700
Road Maintenance &
Rehabilitation Program $435,300 $465,600
Measure M2 (OC Go) $336,000 $348,600
Service Authority for
Abandoned Vehicles $0 $0
Supplemental Law Enforcement
Services $167,800 $169,600
Mobile Source Reduction $72,000 $22,000
PEG/Cable Television $18,400 $18,800
Senior Mobility $140,700 $145,700
Community Development
Block Grant (CDBG) $500,000 $150,000
Federal Grants $1,618,278 $782,869
State of California Grants $239,800 $0
Miscellaneous Special Revenue $0 $0
Laguna Woods Civic
Support Fund $0 $0
[CONTINUED ON NEXT PAGE]
ITEM 9.3 – Attachment B
R 24-XX 3 XX-XX-2024
The budget appropriations authorized, on a fund level, are:
Fiscal Year
2023-24
Adopted
Budget
Fiscal Year
2023-24
Carryover
Appropriations
Fiscal Year
2023-24
Budget
Amendments
Fiscal Year
2023-24
Amended
Budget
General Fund $7,730,079A
(includes
transfers to
Capital
Projects Fund
of $608,250)
$8,544 $470,480A,B
$8,209,103
(includes
transfers to
Capital
Projects Fund
of $608,250)
Capital Projects Fund $608,250 $130,535 - $738,785
Fuel Tax $395,000 - $34,570D $429,570
Road Maintenance &
Rehabilitation Program $325,821 - - $325,821
Measure M2 (OC Go) $285,700 - - $285,700
Service Authority for
Abandoned Vehicles $0 - - $0
Supplemental Law
Enforcement Services $176,100 - - $176,100
Mobile Source
Reduction $0 $10,711 - $10,711
PEG/Cable Television $15,000 - - $15,000
Senior Mobility $207,000 - - $207,000
Community
Development
Block Grant (CDBG)
$150,000 $307,528 - $457,528
Federal Grants $719,145 $1,006,869 - $1,726,014
State of California
Grants $0 $221,898 $25,580C $247,478
Miscellaneous Special
Revenue $0 - - $0
Laguna Woods Civic
Support Fund $48,810 - - $48,810
TOTAL $10,052,655 $1,686,085 $530,630 $12,269,370
A Fund Budget Adjustment CC-23/24-01: CalPERS Lump Sum Payments, +$306,925 (R 23-33) B Fund Budget Adjustment CC-23/24-02: CEPPT Contribution, +$163,555 (R 24-02) C Fund Budget Adjustment CC-23/24-03: State HHW Grant, +$25,580 (R 24-07) D Fund Budget Adjustment CC-23/24-04: Transportation System, +$34,570 (R 24-XX) [CONTINUED ON NEXT PAGE]
ITEM 9.3 – Attachment B
R 24-XX 4 XX-XX-2024
Fiscal Year
2024-25
Adopted
Budget
Fiscal Year
2024-25
Carryover
Appropriations
Fiscal Year
2024-25
Budget
Amendments
Fiscal Year
2024-25
Amended
Budget
General Fund $7,287,511
(includes
transfers to
Capital
Projects Fund
of $0)
- -
$7,287,511
(includes
transfers to
Capital
Projects Fund
of $0)
Capital Projects Fund $0 - - $0
Fuel Tax $425,000 - - $425,000
Road Maintenance &
Rehabilitation Program $195,795 - - $195,795
Measure M2 (OC Go) $290,700 - - $290,700
Service Authority for
Abandoned Vehicles $0 - - $0
Supplemental Law
Enforcement Services $176,100 - - $176,100
Mobile Source
Reduction $0 - - $0
PEG/Cable Television $15,000 - - $15,000
Senior Mobility $227,000 - - $227,000
Community
Development
Block Grant (CDBG)
$150,000 - - $150,000
Federal Grants $782,869 - - $782,869
State of California
Grants $0 - - $0
Miscellaneous Special
Revenue $0 - - $0
Laguna Woods Civic
Support Fund $300 - - $300
TOTAL $9,550,275 - - $9,550,275
The budget appropriations authorized by this section reflect the Fiscal Years 2023- 25 adopted budgets, plus authorized budget adjustments approved between July 1, 2023 and the date of this amendment. The budget appropriations authorized by this section also include carryovers of approved, but unspent, budget appropriations from prior fiscal years. Such carryovers were approved by the City Council with the adoption of the current budget and/or pursuant to Administrative Policy 2.9.
SECTION 2. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
ITEM 9.3 – Attachment B
R 24-XX 5 XX-XX-2024
PASSED, APPROVED AND ADOPTED on this XX day of XX 2024. _______________________________
NOEL HATCH, 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. 24-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 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
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July 2020
ITEM 9.3 – Attachment C
CENTRACS® MOBILITY SERVICES AGREEMENT
THIS CENTRACS® MOBILITY SERVICES AGREEMENT (this “Agreement”) is made and entered into by and between City of Laguna Woods with its principal address at 24264 El Toro Road, Laguna Woods, CA 92637, (hereinafter referred to as “Agency”), and Econolite Systems, Inc., a California corporation located at 1250 North Tustin Avenue, Anaheim, California 92807 (hereinafter referred to as “Econolite”).
RECITALS
A. Econolite, along with its affiliates, is a manufacturer and supplier of traffic control equipment, advanced traffic management systems and traffic controller firmware.
B. Econolite has developed proprietary software systems, including an Internet hosted platform for advanced transportation management solutions (herein after referred to as “Centracs® Mobility”).
C. Agency desires access to Econolite’s Centracs® Mobility in order to utilize its features and obtain data and analytics from certain of Agency’s traffic controllers and detection devices.
1. DEFINITIONS. The following terms shall have the following meanings whenever used in this Agreement.
1.1 Agency Data means high-resolution data created on Agency’s traffic controllers in electronic data file form, data originating from Autoscope Vision and other detection devices, and data from system activity logs. Agency Data does not include any System proprietary data sets or derivative data sets.
1.2 System means Econolite’s suite of services offered on the Centracs® Mobility platform as described in the Centracs® Mobility, Software and System Specifications attached as Exhibit A, and any subsequent modifications thereto posted from time to time at www.econolite.com.
1.3 SLA means Econolite’s Service Level Agreement with Agency, attached as Exhibit B, which provides the performance levels of service and remedies for any failure to meet service levels.
1.4 User means any individual who uses the System on Agency’s behalf or through Agency’s account or passwords, whether authorized by Agency or not.
2. THE SYSTEM.
2.1 Term. Agency may access and use the System for the time set forth in Exhibit C (the “Subscription Term”).
2.2.Renewal Term. Upon expiration of the Subscription Term, Agency’s access and use of the System will renew for successive periods as set forth in Exhibit C (the “Renewal Term”) unless either party refuses such renewal by written notice of thirty (30) or more days before the renewal date. Renewal Term pricing is subject to change.
July 2020
ITEM 9.3 – Attachment C
2.3 Scope of Use. Agency may use the System during the Subscription Term and any Renewal Term for the number of controllers set forth in Exhibit C. Econolite retains all right, title, and interest in and to the System, including, without limitation, all software used to provide the System and all of its logos and trademarks reproduced through the System. This Agreement does not grant Agency any intellectual property rights in the System or any of its components.
2.4 System Subscription Fee. Agency shall pay Econolite the annual subscription fee as set forth in Exhibit C (“Subscription Fee”). Econolite shall submit invoices to Agency for the Subscription Fee in accordance with Exhibit C. All invoices will be due and payable upon Econolite’s transmission of the invoice. Subscription Fees are non-refundable and non-cancelable except as expressly provided in this Agreement.
2.5 Service Levels. Econolite shall maintain the service levels and provide the listed remedies for any failure to deliver the service levels as set forth in the SLA. Agency acknowledges and agrees that the methods available for resolution of any failure of the System are limited to the specified services listed in the SLA, and that Econolite has no obligation to provide any other remedy.
2.6 Documentation. Agency may reproduce and use any provided documentation solely as necessary to support Agency’s use of the System.
2.7 Software Updates. Econolite will provide software updates as needed to the System during the Subscription Term and any Renewal Term. The Subscription Fee does not automatically include the right to receive upgrades, reissues, or releases of new product modules by Econolite for the System. Econolite in its own discretion will determine whether and on what terms any upgrade, reissue or new product release is made available to existing subscriptions. At Econolite’s sole discretion, some new enhancements may be included in the software updates, and some new functionality may only be available as separately licensed modules.
3. AGENCY DATA & PRIVACY.
3.1 Agency’s Data Rights. Agency shall retain ownership and associated rights of all Agency Data subject to Econolite’s right to use as set forth in Section 3.2. Within ninety (90) days of a written request from Agency, Econolite shall purge Agency Data from the System or make available stored Agency Data to Agency, provided that Agency supplies the necessary data storage capability and submits payment covering the reasonable costs associated with the data transfer. Unless Agency requests a data transfer within seven (7) days of termination of any Term of this Agreement, and complies with the data transfer requirements, Econolite may purge all Agency Data from the System.
3.2 Econolite’s Use of Agency Data. At all times, Econolite shall have the right to store, process, and analyze Agency Data as required by the functionality of the System. Aggregate, intermediate, derived, and distilled data resulting from the processing and analysis of Agency Data, or other non-Agency Data that is stored in the System, is the property of Econolite. In addition, Econolite, in its sole discretion, may use, reproduce, sell, publicize, or otherwise exploit Aggregate and Anonymized Agency Data. For purposes of this Agreement, Aggregate and Anonymized Agency Data refers to Agency Data with the name and address of Agency and any of its authorized Users removed. Econolite shall have the right to grant access to Agency Data to subcontractors and affiliates, as necessary, to facilitate the System. In furtherance of Econolite’s commitment to the advancement of future traffic management technologies and the betterment of the nation’s traffic management planning, Econolite shall have the right to access, July 2020
ITEM 9.3 – Attachment C
process and use Agency Data for research or commercial purposes. Econolite may disclose Agency Data as required by applicable law or by proper legal or governmental authority. Econolite shall give Agency prompt notice of any such legal or governmental demand and reasonably cooperate with Agency, at Agency’s expense, in any effort to seek a protective order or otherwise to contest such required disclosure.
3.3 Risk of Exposure. Agency acknowledges and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that Agency assumes such risks in accessing and using the System. While Econolite will make every reasonable effort to protect Agency Data, Econolite offers no representation, warranty, or guarantee that Agency Data will not be exposed or disclosed through errors or the actions of third parties.
3.4 Risk of Storage Failure. Agency acknowledges and agrees that storage of data involves risks of System failure that could result of loss of online Agency Data. While Econolite will make every reasonable effort to retain Agency Data, Econolite offers no representation, warranty, or guarantee that Agency Data will be retained and available.
3.5 Data Accuracy. Econolite shall have no responsibility or liability for the accuracy of data uploaded to the System by Agency, including without limitation Agency Data and any other data uploaded by Users.
3.6 Functionality of System. Upon written notice, Econolite may turn off functionality of System if Agency’s account is delinquent, suspended, or terminated for forty-five (45) days or more.
3.7 Excluded Data. Agency represents and warrants that Agency Data does not and will not include, and Agency has not and shall not upload or transmit to Econolite's computers or other media, any data (“Excluded Data”) in violation of any local, state, or federal laws (the "Excluded Data Laws"). AGENCY ACKNOWLEDGES AND AGREES THAT: (a) ECONOLITE HAS NO
LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA; AND (b) ECONOLITE’S
SYSTEMS ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED
DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.
3.8 Adaptive Traffic Control. Agency acknowledges and agrees that the use of the Centracs® Edaptive module will apply real-time changes to traffic controllers, and that Econolite offers no representation, warranty, or guarantee as to the level of performance of these changes.
Agency acknowledges and agrees that external factors such as Agency’s detection devices, Agency’s field communications, and Agency’s traffic controller configuration effect the level of performance and correct operation of the Centracs® Edapive module. Econolite shall have no responsibility or liability based on the failures, defects, or other performance issues of any external factors.
4. AGENCY’S RESPONSIBILITIES & RESTRICTIONS.
4.1 Acceptable Use. Agency shall not: (a) use the System for service bureau or timesharing purposes or in any other way allow third parties to exploit the System; (b) provide System passwords or other log-in information to any third party; (c) share non-public System features or content with any third party; or (d) access or permit access to the System in order for Agency or July 2020
ITEM 9.3 – Attachment C
any third-party to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. In the event Econolite suspects any breach of the requirements of this Section 4.1, including without limitation by Users, Econolite may suspend Agency’s access to the System without advanced notice, in addition to such other remedies at law and in equity as Econolite may have.
4.2 Unauthorized Access. Agency shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other login information. Agency shall notify Econolite immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to immediately remedy and mitigate the effects of said breach. Econolite may suspend system connection to Agency until such as time as Agency breach has been remedied.
4.3 Compliance with Laws. In its use of the System, Agency shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Agency Data.
4.4 Users & System Access. Agency is responsible and liable for: (a) Users’ use of the System, including without limitation unauthorized User conduct and any User conduct that would violate requirements of this Agreement applicable to Agency; and (b) any use of the System through Agency’s account, whether authorized or unauthorized.
4.5 Support Obligations. Agency shall provide controllers and firmware that work with the System, including end-to-end operational IP-based communications to the traffic signal controller; a server with internet access to allow for the upload of collected data from the System; and VPN and/or remote access to the server. Agency shall provide any information relating to timing/phase sheets, intersection geometries and connectivity, lane configurations, detector placements and assignments along with any other information needed for the evaluation. Agency agrees to devote sufficient time to testing the System to evaluate its performance and suitability for Agency’s purposes.
5. INTELLECTUAL PROPERTY & FEEDBACK.
5.1 Intellectual Property Rights to the System. Econolite retains all right, title, and interest in and to the System, including without limitation all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant Agency any intellectual property license or rights in or to the System or any of its components. Agency acknowledges that the System and its components are protected by copyright and other laws, and a license is required in the event Agency hosts any System software.
5.2 Feedback. Econolite has not agreed to and does not agree to treat as confidential any Feedback (as defined below) Agency or Users provide to Econolite, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Econolite’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting Agency or the User in question. For purposes of this Agreement, “Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Econolite’s products or services.
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6. CONFIDENTIAL INFORMATION.
6.1 Confidential Information. In the performance of this Agreement or in contemplation thereof, the parties and their respective employees and agents may have access to private or confidential information owned or controlled by the other party and such information may contain proprietary details and disclosures. All information and data identified in writing as proprietary or confidential by either party (“Confidential Information”) and so acquired by the other party or its employees or agents under this Agreement or in contemplation thereof shall be and shall remain the disclosing party’s exclusive property. The recipient shall use all reasonable efforts (which in any event shall not be less than the efforts the recipient takes to ensure the confidentiality of its own proprietary and other confidential information) to keep, and have its employees and agents keep, any and all Confidential Information confidential, and shall not copy, publish or disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose it to others without the disclosing party’s written approval; nor shall the recipient make use of the Confidential Information, except for the purposes of executing its obligations hereunder, and (except as provided for herein) shall return the Confidential Information and data to the first party at its request. Agency’s duty to maintain confidentiality as described hereunder shall be subject to the laws of the State of California.
6.2 Excluded Information. The foregoing conditions will not apply to information or data which is, or which becomes generally known to the public by publication or by any means other than a breach of duty on the part of the recipient hereunder, is information previously known to the recipient, is information independently developed by or for the recipient or is information generally released by the owning party without restriction.
6.3 Right to Injunctive Relief. Because of the unique nature of the Confidential Information, the parties agree that each party may suffer irreparable harm in the event that the other party fails to comply with any of its obligations under this Article, and that monetary damages may be inadequate to compensate either party for such breach. Accordingly, the parties agree that either party will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of this Section, as well as attorneys’ fees and costs.
6.4 Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Econolite will retain all right, title, and interest in and to all Confidential Information.
7. REPRESENTATIONS & WARRANTIES.
7.1 From Econolite. Econolite represents and warrants that it is the owner of the System and of each component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Econolite’s representations and warranties in the preceding sentence do not apply to the extent of Agency’s use of the System in combination with hardware or software not provided by Econolite. In the event of a breach of the warranty in this Section 7.1, Econolite, at its own expense, will promptly take the following actions: (a) secure for Agency the right to continue using the System; (b) replace or modify the System to make it non-infringing; or (c) terminate the infringing features of the Service and refund to Agency any prepaid fees for such features, in proportion to the portion of the Term left after such termination. In conjunction with Agency’s right to terminate for breach where applicable, the preceding sentence sets forth Econolite’s sole obligation and liability, and Agency’s sole remedy, for breach of the warranty in this Section 7.1 and for potential or actual intellectual property infringement by the System.
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7.2 From Agency. Agency represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; and (c) it is authorized to enter into this Agreement pursuant to applicable law.
7.3 Warranty Disclaimers. Except to the extent set forth in the SLA and in Section 7.1 above, AGENCY ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) ECONOLITE SHALL INDEMNIFY AND DEFEND
AGENCY OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY, EXCEPT FOR INFRINGEMENT CAUSED BY AGENCY’S USE OF THE SYSTEM; (b) ECONOLITE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) ECONOLITE DOES NOT
REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER
UNAUTHORIZED INTRUSION OR THAT AGENCY DATA WILL REMAIN PRIVATE OR SECURE.
8. INDEMNIFICATION.
Notwithstanding the limitations on liability imposed under Section 9, “Limitation of Liability” hereof, Econolite shall indemnify, defend and hold harmless Agency and its officers, agents, and employees, or any of them from any and all suits, liability, reasonable attorneys’ fees and costs of litigation damages to the extent arising out of any negligent or intentional act, error or omission of Econolite, its officers, directors, shareholders, parents, subsidiaries, agents, successors, employees, and assigns or any of them relating to or arising out of the performance of this Agreement; except to the extent those actions, claims, liabilities, obligations, judgments, expenses or damages arise out of any negligent or intentional act, error or omission of the Agency.
Econolite shall have no obligation to indemnify, defend and hold harmless Agency and its officers, agents, and employees, or any of them from any claims, suits, liability, attorneys’ fees and costs of litigation damages to the extent arising from (a) Agency’s unauthorized disclosure or exposure of personally identifiable information or other private information, including Agency Data; (b) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content only to the extent such content is uploaded to the System through Agency’s account, including without limitation by Agency Data.
9. LIMITATION OF LIABILITY.
9.1 Except for negligence and/or intentional acts, Econolite’s liability on any claim for loss or damage arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation or use of the System shall be limited to four (4) times the amount the Subscription Fees paid under this Agreement. In no event shall damages exceed an amount equal to the insurance policy limits as required in this July 2020
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Agreement. Econolite’s liability extends only to the System during the Subscription Term and any Renewal Term.
9.2 No Special or Consequential Damages. In no event, whether as a result of breach of contract or warranty, shall either party be liable to the other party for special or consequential damages including but not limited to loss of profits or revenue, loss of use of the equipment, or any associated equipment, cost of capital, downtime costs, or claims of third-parties for such damages arising from Agency’s access to, or use of the System or any data generated by the System.
9.3 Timely Claims or Back Charges. Econolite will not be liable for any claims or back charges on behalf of the Agency arising out of this Agreement unless they are made in a reasonable time and supported in writing within thirty (30) days from the date on which the Agency becomes aware of same, giving full details, including costs incurred, if any. Claims not presented within such time limit shall be deemed to have been waived by the Agency. Econolite will be given reasonable opportunity and access to investigate the merits of such claims or back charges and its liability limited as above.
10. TERMINATION.
10.1 Termination. Either party may terminate this Agreement by written notice effective in thirty (30) days.
10.2 Effects of Termination. Upon termination of this Agreement, Agency shall cease all use of the System and delete, destroy, or return all copies of the software and related documentation in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Agency to pay fees incurred before termination; (b) Sections 5 (IP & Feedback), 6 (Confidential Information), 7.3 (Warranty Disclaimers), 8 (Indemnification), and 9 (Limitation of Liability); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
11. INSURANCE.
Econolite shall maintain for the duration of this Agreement the following types of insurance:
Automobile liability insurance (minimum $1.0 Million)
Commercial general liability insurance (minimum $1.0 Million) Worker’s compensation insurance (per state requirement) Professional services and cyber liability insurance (minimum $1.0 Million)
12. MISCELLANEOUS.
12.1 Compliance with All Laws. At its sole expense, Econolite shall comply with all of the requirements of County, State and Federal laws now in force pertaining to this Agreement and shall faithfully observe in all activities relating to or growing out of this Agreement all ordinances, statutes, rules or regulations now in force.
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Econolite as an independent contractor. Econolite is not an agent or employee of Agency for any purpose and is not entitled to any of the benefits provided by Agency to its employees. This Agreement shall not be construed as forming a partnership or any other association with Econolite other than that of an independent contractor.
12.3 Notices. The notices relative to this Agreement shall be given in writing and may be provided by email duly acknowledged, personally served, or sent by registered mail. The parties shall be addressed as follows, or at any other address designated by notice:
Econolite: Econolite Control Products, Inc.
1250 N. Tustin Ave., Anaheim, CA 92807 Attention: Alice Cook Title: Registered In-House Counsel Phone: 714-630-3700 x5609 E-mail: [email protected]
Agency: City of Laguna Woods
24264 El Toro Road, Laguna Woods, CA 92637 Attention: Christopher Macon Title: City Manager Phone: 949-639-0500
Email: [email protected]
12.4 Force Majeure. Parties shall not be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause.
Parties shall make all reasonable efforts to remove or eliminate such a cause of delay or default and upon cessation of the cause, shall diligently pursue performance of its obligation under the Agreement.
12.5 Advertising. Agency grants Econolite permission to include Agency in its list of Centracs® Mobility customers in any advertising or publicity materials without the specific prior written approval of Agency.
12.6 Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for the authorship of this Agreement.
12.7 Assignment. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of Agency and Econolite.
12.8 Merger and Modification. No supplement, modification or amendment of this Agreement or waiver of the provisions thereof shall be binding unless executed in writing by Agency and Econolite. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
12.9 Attorneys’ Fees. In the event any action in law or equity, arbitration or other proceeding is brought for the enforcement of this Agreement or in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to its attorneys' fees and other July 2020
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costs reasonably incurred in such action or proceeding.
12.10 Invalidity. Any provisions of this Agreement prohibited by the law of any state shall be ineffective as to said state to the extent of such prohibition without invalidating the remaining provisions of this Agreement.
12.11 Severability. In the event any of the provisions of this Agreement is held void or unenforceable for any reason, the remaining provisions shall remain in full effect and shall control.
12.12. Headings. Section headings are included solely for convenience and are not to be considered a part of this Agreement nor are they intended to be full and accurate descriptions of the contents thereof
12.13 Absence of Third Party Beneficiary Rights. Except as otherwise provided in this Agreement, no provision of this Agreement is intended, nor shall be interpreted, to provide or create any third-party beneficiary rights or any other rights of any kind in any affiliate or subsidiary, and all provisions hereof shall be personal solely between the parties hereto.
12.14 Forum and Choice of Law. Any lawsuit pertaining to any matter arising under or growing out of this Agreement shall be instituted in the State of California. The laws of the State of California shall govern this Agreement.
12.15 Conflicts. All parts of this Agreement are intended to be complementary and what is set forth in any one document is as binding as if set forth in each document. In the event of any conflict between this Agreement and any other document, the terms of this Agreement will govern.
12.16 Technology Export. Agency shall not: (a) permit any third party to access or use the System in violation of any U.S. law or regulation; or (b) export any software provided by Econolite or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Agency shall not permit any third party to access or use the System in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria).
12.17 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
12.18 Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of ____________, 2022.
ECONOLITE SYSTEMS, INC.
__________________________________ Approving Authority
__________________________________ Printed Name - Title
CITY OF LAGUNA WOODS
__________________________________ Approving Authority
__________________________________ Printed Name - Title Attachments:
Exhibit A – Technical Specifications
Exhibit B – Service Level Agreement
Exhibit C – Fee, Term, Scope
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EXHIBIT A
TECHNICAL SPECIFICATIONS
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Approval
(By signing below, all Approvers agree to all terms and conditions outlined in this Agreement.) Approvers Role Signed Approval Date
Econolite Econolite
City of Laguna Woods Agency
EXHIBIT B
Centracs® Mobility: Service Level Agreement
(SLA) for City of Laguna Woods
by
Econolite Systems, Inc.
Effective Date: 1-24-2020
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Agreement Overview
This Service Level Agreement (“SLA”) is part of the Centracs® Mobility Cloud Services Agreement (“Agreement”) between Econolite Systems, Inc. (“Econolite”) and City of Laguna Woods (“Agency”) for the provisioning of IT services required to support and sustain Centracs® Mobility. Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement. This SLA appliesto the Centracs® Mobility Services listed herein (“Services”) but does not apply to separately branded services made available with or connected to the Services or to any on-premises software that is part of any Service.
If Econolite does not achieve and maintain the service level for the Services as described in this SLA, then Agency may be eligible for a credit towards a portion of Agency’s subscription fee or an extension in Agency’s Term or Renewal Term.
Econolite will not modify the rights and obligations of this SLA during the Term ofAgency’s subscription; however, the rights and obligations of any Renewal Term are subject to change.
This SLA outlines the parameters of all IT services covered as they are mutually understood by Econolite and Agency.
1. Definitions
"Downtime" is defined as the period of time during which the Service is unavailable for use.
Downtime does not include Scheduled Downtime. Downtime does not include unavailability of a Service due to limitations described in Section 4.1, Services Availability. “Incident” means (i) any single event, or (ii) any set of events, that result in Downtime. "Scheduled Downtime" means periods of Downtime related to network, hardware, or Service maintenance or upgrades. Econolite will publish notice or notify Agency at least five (5) business days prior to the commencement of such Downtime. “Services” means the services listed in Section 3.1, Service Scope. "Service Level" means the performance metric of service availability as set forth in this SLA that Econolite agrees to meet in the delivery of the Services. "Service Resource" means an individual resource available for use within a Service.
2. Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the Agency by Econolite.
The goal of this SLA is to obtain mutual agreement for the Centracs® Mobility related IT service provision between Econolite and Agency.
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The objectives of this SLA are to:
• Provide clear reference to service ownership, accountability, roles and/or responsibilities.
• Present a clear, concise, and measurable description of service provision to the Agency.
• Match perceptions of expected service provision with actual service support and delivery.
3. Service Level Agreement
The following detailed service parameters outline the responsibilities of Econolite and the Agency in relation to the ongoing support of this Agreement.
3.1. Service Scope
The following Services are covered by this SLA:
• The Centracs® Mobility Traffic Data Analytics tool as supplied by Econolite including standard server-side functionality plus any optional modules defined in Exhibit A.
• Data storage up to 250GB included in the base service cost (quotes can be provided for additional storage upon request)
• Disaster recovery
• System administration of Centracs® Mobility
3.2. Agency Requirements
Agency responsibilities and/or requirements in support of this SLA include:
• Field devices, including but not limited to Traffic Controllers, signs, CCTV’s, and detection devices.
• Field network, including but not limited to switches, modems, firewalls, wiring, and radios.
• Hardware platform on which the Econolite-supplied on-premises data collection software will be installed.
• Communication between the Econolite-supplied on-premises data collection software service and the Centracs database or the field network • Workstations and/or laptops including all hardware and non-vendor provided software required to access the Centracs® Mobility service such as compatible internet browsers.
• Internet connection for Centracs® Mobility service, including but not limited to available bandwidth, reliability, and support.
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3.3. Econolite Requirements
Econolite responsibilities and/or requirements in support of this SLA include:
• Meeting Centracs® Mobility server-side component up-time requirements. • Appropriate notification to Agency for all scheduled software upgrades. • Notification of Agency of any material changes to Services.
3.4. Limitations
This SLA and any applicable Services defined herein do not apply to any performance or availability issues:
1. Due to factors outside Econolite’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, epidemics, quarantines, government action, or a network or device failure external to Econolite’s data centers, including at Agency’s site or between Agency’s site and Econolite’s data center);
2. That result from the use of services, hardware, or software not provided by Econolite, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
3. Caused by Agency’s use of a Service after Econolite has advised Agency to modify use of the Service, if Agency did not modify the use of Service as advised;
4. During or with respect to preview, pre-release, beta or trial versions of a Service,feature or software (as determined by Econolite and opted into by the Agency);
5. That result from Agency’s unauthorized action or lack of action when required, or from Agency’s employees, agents, contractors, or vendors, or anyone gaining access to Econolite’s network by means of Agency passwords or equipment, or otherwise resulting from failure of Agency or agents of Agency in following appropriate security practices;
6. That result from Agency’s failure to adhere to any required configurations, use supported platforms, failure to follow any policies for acceptable use, or any use of Centracs® Mobility in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with Econolite’s published guidance;
7. That result from faulty input, instructions, or arguments (for example, requests to send commands to devices that are not available);
8. That result from Agency’s attempts to perform operations that exceed prescribed quotas.
9. Due to lack of availability of any 3rd party sourced data, such as maps, travel time and incident information; and
10. Due to inaccuracies in any 3rd party sourced data, such as maps, travel time and incident information.
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4. Service Management
The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
4.1. Service Availability
Coverage parameters specific to the service(s) covered in this Agreement are as follows:
• Up-time of 99.9% of Centracs® Mobility server-side components, is defined as follows: (Maximum Available Minutes - Downtime) / Maximum Available Minutes * 100
• Periods of scheduled downtime of Centracs® Mobility server-side components, such as for upgrades, will be communicated to the Agency. • Database backups for the Centracs® Mobility server-side components shall be available up to the end of the previous day. Backup retention period will be at least 7 days.
• Database backup for data held in Agency’s field equipment such as signal controllers is not covered by the SLA
• Availability and reliability of field devices such as traffic controllers and the availability and reliability of the communications infrastructure that such field devices rely on are outside the scope of this SLA
• Disaster recovery measures shall include replication of the customer’s environment and database backups with a Recovery Time Objective of 72 hours. • Disaster recovery shall entail good faith efforts to restore the in-scope services to the full functionality as of the most recent available database backup prior to the disaster event.
• Database Backup and Disaster Recovery for Agency’s hardware such as Centracs® Mobility Workstations, laptops or traffic controllers are not covered by the terms of this SLA.
4.2. Service Credits
Service Credits are the sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA.
4.3. Requests for Service Credits
In order for Econolite to consider a request for Service Credit, Agency must submit the request to Econolite including all information necessary for Econolite to validate the request, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of Agency’s attempts to resolve the Incident at the time of occurrence.
Econolite must receive the request by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15, Econolite must receive the request and all required information by March 31.
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Econolite will evaluate all information reasonably available and make a good faith determination of whether a Service Credit is appropriate. Econolite will use commercially reasonable efforts to process requests for Service Credit during the subsequent month and within forty five (45) days of receipt. Agency must be in compliance with the Agreement in order to be eligible for a Service Credit. If Econolite determines that a Service Credit is payable to Agency, Econolite will issue a refund to Agency in an amount equal to the Service Credit.
4.4.Technical Support
Technical support and service from Econolite shall be provided by telephone, email or other remote methods and does not include on-site support.
Technical support hours of operation:
8:00am to 5:00pm (Mountain Time) / Monday – Friday except for holidays recognized by Econolite.
Support requests received outside normal hours of operation are generally responded to within twenty-four (24) hours.
Technical Support Contact Information:
Local Account Manager or,
Phone: 714.630.3700 or 800.225.6480 or,
Online at www.econolite.com
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EXHIBIT C
FEE, TERM, SCOPE
1. Subscription Fee: $3,320 is the annual Subscription Fee under thisAgreement. [Enter the annual subscription fee for all traffic signal controllers]
2. System Set Up Fee: The System Set Up Fee shall be $28,750.
3. Invoice Cycle: The annual subscription fee for the Term shall be invoiced on a yearly basis.
4. Term: The Subscription Term of this Agreement is for a period of 12 months commencing on the date the first intersection/device is brought online in Mobility or 30 days after the Mobility website becomes active, whichever comes first. However, in no circumstance shall the Mobility service period commence later than 90-days from the issuance of PO for Mobility service.
5. Renewal Term: This Agreement will renew for successive periods of 12 months unless either party refuses such renewal by written notice of thirty (30) or more days before the expiration of the Subscription Term or Renewal Term.
6. Scope: This Agreement authorizes the use of the System with 14 traffic signal controllers.
9.4 SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS’ 2024 GENERAL ASSEMBLY
DELEGATE AND ALTERNATE DELEGATE
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City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: March 20, 2024 Regular Meeting
SUBJECT: Southern California Association of Governments’ 2024 General Assembly Delegate and Alternate Delegate
Recommendation
Appoint members of the City Council to serve as a delegate and alternate at the Southern California Association of Governments’ 2024 General Assembly.
Background
The Southern California Association of Governments (“SCAG”) will host its annual General Assembly on May 2, 2024 at 11 a.m. in Palm Desert. The General Assembly takes place during SCAG’s annual Regional Conference. Each year, member agencies appoint a delegate and alternate to propose and vote on policy matters on their behalf at the General Assembly.
Discussion
SCAG has requested that the City Council appoint a delegate and alternate for the 2024 General Assembly. If only one member of the City Council attends, there is no requirement to appoint an alternate. If no member of the City Council attends, there is no requirement to appoint a delegate.
Fiscal Impact
SCAG will offer the delegate (or alternate) a complimentary hotel accommodation for the night of May 2, 2024 and validated overnight parking.
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Mayor Pro Tem Horne and Councilmember Moore serve on SCAG policy committees and are also offered complimentary hotel accommodations for the night of May 2, 2024 and validated overnight parking, if they choose to attend.