Laguna Woods City Council
August 21, 2024

CITY of LAGUNA WOODS

CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, August 21, 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. 24-08, 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. 24-08, pursuant to California Government Code Section 54954.2 of the Ralph M. Brown Act. /s/ Yolie Trippy 8/16/24
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda  08/21/2024 Regular Page 3 of 13

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, either on speaker cards or 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.

REMOTE VIEWING AND/OR LISTENING

1. Zoom
The City plans to live stream this meeting on Zoom (audio and/or video). Please note that public comments/testimony will not be accepted via Zoom. • Visit www.zoom.us
• Click on “Join”
• Enter the following meeting ID: 828 6004 1647
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 223071
• 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 other persons. No party should expect privacy of such information.

2. YouTube
The City plans to live stream this meeting on YouTube (audio and/or video). Please note that public comments/testimony will not be accepted via YouTube. • Visit www.youtube.com/@cityoflagunawoods
• Click on the “Live” button
• Click on the “Laguna Woods Channel 3” button
Please note that information you enter into YouTube may be publicly visible and/or visible to other persons. No party should expect privacy of such information.

3. Cable Television
The City plans to broadcast this meeting on cable television Channel 3 within Laguna Woods Village (audio and/or video). Please note that public comments/testimony will not be accepted via cable television Channel 3.

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
Laguna Woods City Council Agenda  08/21/2024 Regular Page 5 of 13

4.1 Continuing Support of Fair, Free, and Open Elections (agendized by Councilmember Moore)
Recommendation: Approve and present the proclamation.

V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. 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 July 2024.

6.2 Quarterly Financial Report
Recommendation: Receive and file the Quarterly Financial Report for the fourth quarter of Fiscal Year 2023-24.

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 regular meeting on July 17, 2024.

7.2 Warrant Register

Recommendation: Approve the warrant register dated August 21, 2024 in the amount of $986,814.40.

7.3 Fiscal Years 2023-25 Budget Adjustments
Recommendation: Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, ADJUSTING THE

ASSIGNED RESERVE BALANCES FOR THE PAID LEAVE

CONTINGENCY RESERVE AND THE GENERAL FUND
CONTINGENCY RESERVE FOR FISCAL YEAR 2024-25

7.4 Landscape Maintenance Services
Recommendation: Approve an agreement with BrightView
Landscape Services, Inc. for landscape maintenance services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.

7.5 Deed of Easement
Recommendation: Accept a quitclaim deed dated July 19, 2024 from Golden Rain Foundation conveying to the City the interest in real property described thereon and authorize the Mayor to execute a certificate of acceptance, subject to approval as to form by the City Attorney. The real property subject to this action is a portion of a sewer easement at the City-owned property commonly known as City Centre Park (24121 Moulton Parkway, Laguna Woods, CA 92637; Assessor’s Parcel Number: 616-012-18).

7.6 City Hall Safety and Refurbishment Project: Phase 4 Recommendation: Reject all bids received for the “City Hall Safety and Refurbishment Project: Phase 4” (bid opening July 18, 2024).

VIII. PUBLIC HEARINGS

8.1 Laguna Woods General Plan and Zoning Code Update, State Laguna Woods City Council Agenda  08/21/2024 Regular Page 7 of 13 Clearinghouse Number 2022080022
Recommendation:

1. Receive staff report.

AND

2. Open public hearing.

AND

3. Receive public testimony.

AND

4. Close public hearing.

AND

5. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, MAKING

FINDINGS RELATED TO AND CERTIFYING THE FINAL

PROGRAM ENVIRONMENTAL IMPACT REPORT
(INCLUDING ADOPTION OF A STATEMENT OF

OVERRIDING CONSIDERATIONS PER CALIFORNIA
CODE OF REGULATIONS, TITLE 14, SECTION 15093,

AND ADOPTION OF A MITIGATION MONITORING AND

REPORTING PROGRAM PER CALIFORNIA CODE OF
REGULATIONS, TITLE 14, SECTION 15091) FOR THE

LAGUNA WOODS GENERAL PLAN AND ZONING CODE

UPDATE, STATE CLEARINGHOUSE NUMBER
2022080022
AND

6. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, ADOPTING

AMENDMENTS TO THE GENERAL PLAN

CIRCULATION, LAND USE, AND NOISE ELEMENTS,

AND DETERMINING AND CERTIFYING THAT SUCH

ACTIONS ARE CONSISTENT WITH THE PROGRAM

ENVIRONMENTAL IMPACT REPORT PREPARED FOR

THE LAGUNA WOODS GENERAL PLAN AND ZONING

CODE UPDATE, STATE CLEARINGHOUSE NUMBER
2022080022
AND

7. 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
SECTION 13.04.020 OF CHAPTER 13.04
(ESTABLISHMENT OF ZONING DISTRICTS) OF TITLE 13
(ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE
AND ADDING SECTION 13.08.050 TO CHAPTER 13.08
(RESIDENTIAL DISTRICTS) OF TITLE 13 (ZONING) OF

THE LAGUNA WOODS MUNICIPAL CODE PERTAINING

TO THE ESTABLISHMENT OF NEW RESIDENTIAL

OVERLAY ZONING DISTRICTS, AND DETERMINING

AND CERTIFYING THAT SUCH ACTIONS ARE

CONSISTENT WITH THE PROGRAM ENVIRONMENTAL

IMPACT REPORT PREPARED FOR THE LAGUNA

WOODS GENERAL PLAN AND ZONING CODE UPDATE,
STATE CLEARINGHOUSE NUMBER 2022080022

8.2 Inclusionary Housing Regulations
Recommendation:

1. Receive staff report.

AND
Laguna Woods City Council Agenda  08/21/2024 Regular Page 9 of 13

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
CHAPTER 13.25 OF TITLE 13 (ZONING) OF THE LAGUNA

WOODS MUNICIPAL CODE PERTAINING TO

INCLUSIONARY HOUSING REGULATIONS FOR

CERTAIN NEW RESIDENTIAL DEVELOPMENT

PROJECTS AND LAWFUL CONVERSION OF EXISTING

RESIDENTIAL BUILDING PROJECTS (CONVERSIONS

FROM APARTMENTS TO COMMON INTEREST

OWNERSHIP), AND DETERMINING AND CERTIFYING

THAT THE ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

8.3 Health and Sanitation 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
CHAPTERS 4.10 AND 4.18 AND REPEALING CHAPTERS

4.02 AND 4.08 OF TITLE 4 (HEALTH AND SANITATION)

OF THE LAGUNA WOODS MUNICIPAL CODE

PERTAINING TO SOLID WASTE, WATER

CONSERVATION, GEOTHERMAL HEAT EXCHANGE

WELLS, WATER WELLS, CATHODIC PROTECTION

WELLS, MONITORING WELLS, AMBULANCE SERVICES,

AND TATTOOING ESTABLISHMENTS, AND

DETERMINING AND CERTIFYING THAT THE

ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
IX. CITY COUNCIL BUSINESS

9.1 League of California Cities 2024 General Assembly Delegates Recommendation: Appoint members of the City Council and/or staff to serve as a delegate, alternate delegate, and second alternate delegate at the League of California Cities’ 2024 General Assembly.

9.2 Fire Risk Reduction Community
Recommendation: Direct the City Manager to (a) take the actions required to qualify the City for inclusion on the California State Board of Forestry and Fire Protection’s 2026 Fire Risk Reduction Laguna Woods City Council Agenda  08/21/2024 Regular Page 11 of 13 Community List, and (b) advise the City Council of any increases in approved budget appropriations necessary to complete such actions.

9.3 Employee Compensation and Benefits
Recommendation: Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, REPEALING
RESOLUTION NO. 24-01, AND ESTABLISHING A

COMPENSATION SCHEDULE AND BENEFITS FOR CITY

EMPLOYEES

9.4 City Council Meeting Schedule
Recommendation:

1. Cancel the regular meeting of the City Council on October 16, 2024 at 2 p.m. at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637 due to scheduling conflicts.

AND

2. Schedule an adjourned regular meeting of the City Council for October 2024 to be held at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.

9.5 Orange County Power Authority
Recommendation: Discuss and provide direction to staff.

9.6 City Hall Building Signage
(agendized by Councilmember Moore)
Recommendation: Direct the City Manager to have metal lettering reading “E Pluribus Unum” installed above the arch outside City Hall’s main entrance.

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
• California Joint Powers Insurance Authority Annual Board of Directors Meeting – July 24, 2024 (Councilmember McCary) • Other Comments and Reports
XI. CLOSED SESSION
Closed Session Note: While members of the public are not permitted to attend closed Laguna Woods City Council Agenda  08/21/2024 Regular Page 13 of 13 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, September 18, 2024 at 2 p.m.

Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
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4.1 CONTINUING SUPPORT OF FAIR, FREE, AND

OPEN ELECTIONS
(AGENDIZED BY COUNCILMEMBER MOORE)
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ITEM 4.1
Proclamation
City of Laguna Woods
Continuing Support of Fair, Free, and Open Elections
WHEREAS, it is a recognized civil right in the United States for every citizen to have fair, free, and open elections; and
WHEREAS, it is the duty of our election officials to guarantee our elections are accurate and free from distortion or manipulation; and
WHEREAS, our constitutional system of representative government only works when the voter rolls are accurate, votes counted are from eligible voters, and the number of votes equal the number of voters who voted; and
WHEREAS, all voting systems must be auditable and produce a permanent record available as an official record; and
WHEREAS, the intent of the voters must be known factually before certification can be conducted.

NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim continuing support of fair, free, and open elections.

Dated this 21st day of August, 2024
______________________________ _______________________________ Noel Hatch Attest: Yolie Trippy, CMC
Mayor City Clerk
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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 July 31, 2024

BY INVESTMENT TYPE
Cash and
Cash Equivalents
$
843,268

5.77% of portfolio
Pooled Money
Investment Accounts
$
8,372,165

57.25% of portfolio
This includes investments in state and county
(local) government investment pools.

Investments -
Earning
$
5,407,558

36.98% of portfolio
This includes certificates of deposit.

BY FUND
General Fund (Operating) $
7,646,276
General Fund (Reserves) $
3,667,800
The General Fund 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 are also included in the General Fund.

Special Revenue Funds $
3,308,915
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.

Financial Assets HELD IN TRUST FUNDS as of July 31, 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
July 2024
(prepared 8/15/24)
California Employers’
Pension Prefunding Trust Fund
(CEPPT)
$
173,729
• New Contributions $
0 • Gain/(Loss) from
Month Prior
$
4,518
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. $
142,358
$
0 $
3,856
Total (All Funds) $
14,622,991 Total (All Funds) $
14,622,991
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6.2 QUARTERLY FINANCIAL REPORT
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Amended
Budget
YTD Actual @
6/30/24
Actual %
of Budget
Variance
Explanation
Revenues:

Property Tax $ 3,297,700 $ 3,388,709 103%
Property Transfer Tax 112,000 128,203 114%
Sales Tax 1,196,000 1,086,543 91% Note 1
Franchise Fees 751,800 720,664 96% Note 2
Transient Occupancy Tax 604,000 598,188 99%
Cannabis Business Tax - 37,380 0%
Development Processing Fees 814,400 885,158 109%
Interest 352,000 476,204 135%
Miscellaneous 207,700 290,421 140%
Total Revenues 7,335,600 7,611,470 104%
Expenditures:

City Council 19,007 18,192 96%
General Government 1,584,473 1,579,088 100%
Administrative Services 515,576 510,092 99%
Engineering & Infrastructure Services 365,224 360,299 99% Planning & Environmental Services 1,778,365 1,725,836 97% Public Safety Services 3,313,208 3,057,451 92%
Information Technology & Cyber Security 25,000 899 4%
Total Expenditures 7,600,853 7,251,857 95%
Transfers to Other Funds 608,250 608,250 100%
Net Change in Fund Balance (873,503) (248,637)
Beginning Fund Balance 10,335,529 10,335,529
Ending Fund Balance $ 9,462,026 $ 10,086,892
Fund Balance Detail: June 30, 2023 June 30, 2024
Nonspendable - Prepaid Items $ 20,510.00 $ -
Restricted
SMIP 5% 2,497 2,497
SB1473 10% 1,335 1,335
Assigned For:

Paid Leave Contingency 122,607 122,607 No change during quarter Self Insurance Contingency 50,000 50,000 No change during quarter General Fund Contingency 3,033,643 3,495,193 Equals 50% of budgeted revenues (Three contingency accounts combined)
Unassigned 7,104,937 6,415,260
Total 10,335,529 $ $ 10,086,892
City of Laguna Woods
Fiscal Year 2023-24 Fourth Quarter Financial Report
Quarter Ended June 30, 2024
As required by Administrative Policy 2.9, "the Administrative Services Director/City Treasurer shall prepare and submit a quarterly budget report to the City Council within 60 days of the end of each quarter. The report shall include actual year-to-date revenue projections or anticipated expenditures by fund; information regarding any change in revenue projections or anticipated expenditures that is likely to impact the ability to carry out budgeted activities; and, notification of all expenditures made from the Paid Leave Contingency Fund and Self-Insurance Contingency Fund during the subject quarter."
General Fund
(100% of Year Elapsed)
8/15/2024 Page 1
ITEM 6.2
City of Laguna Woods
Fiscal Year 2023-24 Fourth Quarter Financial Report
Quarter Ended June 30, 2024
(100% of Year Elapsed)
Amended
Budget
YTD Actual @
6/30/24
Actual %
of Budget
Variance
Explanation
Fuel Tax
Revenues $ 492,800 $ 508,998 103%
Expenditures 429,570 349,623 81%
Net Change 63,230 159,375
Beginning Fund Balance 438,953 438,953
Ending Fund Balance $ 502,183 $ 598,328
Road Maintenance & Rehabilitation Program
Revenues $ 435,300 $ 471,480 108%
Expenditures 325,821 247,000 76%
Net Change 109,479 224,480
Beginning Fund Balance 639,264 639,264
Ending Fund Balance $ 748,743 $ 863,744
Measure M2 (OC Go)
Revenues $ 336,000 $ 322,137 96%
Expenditures 285,700 272,830 95%
Net Change 50,300 49,307
Beginning Fund Balance 238,373 238,373
Ending Fund Balance $ 288,673 $ 287,680
Service Authority for Abandoned Vehicles (SAAV)
Revenues $ - $ 1,304 -
Expenditures - - -
Net Change - 1,304
Beginning Fund Balance 38,756 38,756
Ending Fund Balance $ 38,756 $ 40,060
Supplemental Law Enforcement Services Act (SLESA)
Revenues $ 167,800 $ 188,359 112%
Expenditures 176,100 176,100 100%
Net Change (8,300) 12,259
Beginning Fund Balance 21,950 21,950
Ending Fund Balance $ 13,650 $ 34,209
Mobile Source Reduction
Revenues $ 72,000 $ 30,083 42% Note 3
Expenditures 10,711 9,323 87%
Net Change 61,289 20,760
Beginning Fund Balance 188,977 188,977
Ending Fund Balance $ 250,266 $ 209,737
Other Funds
8/15/2024 Page 2
ITEM 6.2
City of Laguna Woods
Fiscal Year 2023-24 Fourth Quarter Financial Report
Quarter Ended June 30, 2024
(100% of Year Elapsed)
Amended
Budget
YTD Actual @
6/30/24
Actual %
of Budget
Variance
Explanation
PEG/Cable Television
Revenues $ 18,400 $ 16,331 89%
Expenditures 15,000 2,285 -
Net Change 3,400 14,046
Beginning Fund Balance 57,257 57,257
Ending Fund Balance $ 60,657 $ 71,303
Senior Mobility
Revenues $ 140,700 $ 137,142 97%
Expenditures 377,600 377,600 100%
Net Change (236,900) (240,458)
Beginning Fund Balance 427,354 427,354
Ending Fund Balance $ 190,454 $ 186,896
Community Development Block Grant (CDBG)
Revenues $ 500,000 $ 459,265 92% Note 4
Expenditures 457,528 416,793 91%
Net Change 42,472 42,472
Beginning Fund Balance (42,472) (42,472)
Ending Fund Balance $ - $ -
Federal Grants Programs Fund
Revenues $ 1,618,278 $ 824,756 51% Note 6
Expenditures 1,726,015 824,756 48% Note 8
Net Change (107,737) -
Beginning Fund Balance - -
Ending Fund Balance $ (107,737) $ -
State of California Grants
Revenues $ 261,506 $ 67,814 26% Note 5 & 7
Expenditures 322,478 22,205 7% Note 8
Net Change (60,972) 45,609
Beginning Fund Balance (67,121) (67,121)
Ending Fund Balance $ (128,093) $ (21,512)
Miscellaneous Special Revenue Fund
Revenues $ - $ 63 -
Expenditures - - -
Net Change - 63
Beginning Fund Balance 15 15
Ending Fund Balance $ 15 $ 78
8/15/2024 Page 3
ITEM 6.2
City of Laguna Woods
Fiscal Year 2023-24 Fourth Quarter Financial Report
Quarter Ended June 30, 2024
(100% of Year Elapsed)
Amended
Budget
YTD Actual @
6/30/24
Actual %
of Budget
Variance
Explanation
Capital Projects
Revenues $ - $ 26,215 Note 9 -
Expenditures 738,785 189,969 26%
Transfer In from General Fund 608,250 608,250 100%
Net Change (130,535) 444,496
Beginning Fund Balance 568,652 568,652
Ending Fund Balance $ 438,117 $ 1,013,148
Capital Projects Expenditure Detail:

City Hall Refurb Safety: Ph 4 $ 250,000 $ 45,683 18% Note 8 City Hall Refurb Safety: Ph 5 85,000 35,030 41% Note 8
City Hall/Public Library Project 83,523 83,523 100%
CIP - Woods End Wilderness Trail Drainage
& Improvement Project 47,012 25,733 55% Note 8
CIP - Ridge Route Drive Drainage Repair Project 273,250 - 0% Note 8 $ 738,785 $ 189,969 26%
Notes:

1. The final sales tax payment of the fiscal year is expected to be received in August

2. 3.

4. Represents revenue reimbursed for current year and prior year expenditures

5. Reimbursable grant; revenues are received after expenditures are incurred and submitted for reimbursement

6. Revenues are recognized as expenditures are incurred

7. Includes SB 2 Planning Grant funds received in October for expenditures incurred in the prior fiscal year

8. Projects remain in-process and will be carried over to Fiscal Year 2024-25

9. Represents first, second, and third quarters interest allocation The fourth quarter GRF cable television franchise fee payment is expected to be received in August Represents revenue from South Coast Air Quality Management District AB 2766 and interest income; Local Government Partnership funds will be reimbursed for expenditures incurred in the prior fiscal year 8/15/2024 Page 4
ITEM 6.2

7.0 CONSENT CALENDAR SUMMARY
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ITEM 7.0
CC  08-21-2024 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: August 21, 2024 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the August 21, 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 August 21, 2024 Consent Calendar contains the following items:

7.1 Approval of the City Council meeting minutes for the regular meeting on July 17, 2024.

7.2 Approval of the warrant register dated August 21, 2024 in the amount of $986,814.40. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.

7.3 Adoption of a resolution adjusting the assigned reserve balances for the Paid Leave Contingency Reserve and the General Fund Contingency Reserve for ITEM 7.0
Consent Calendar Summary – AR Page 2 of 3 CC  08-21-2024 RM Fiscal Year 2024-25. The proposed resolution would adjust two of the three assigned reserve balances for Fiscal Year 2024-25, in accordance with Administrative Policy 2.9 (Budgeting, Reserves, and Reporting). While two assigned reserve balances would change, the total of all three assigned reserve balances would remain $3,753,700.

7.4 Approval of an agreement with BrightView Landscape Services, Inc. for landscape maintenance services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney.

A Request for Proposals for landscape maintenance services was released on May 9, 2024 with proposals due by May 31, 2024. Two proposals were received (BrightView Landscape Services and Elite Maintenance & Tree Service). After reviewing both proposals and interviewing both firms, staff recommends that the City Council award the agreement to BrightView Landscape Services due to factors including, but not limited to, experience, cost, and past performance. BrightView Landscape Services is currently providing landscape maintenance services to the City and has done so since December 20, 2018. BrightView Landscape Services provides or has provided similar services for the cities of Costa Mesa, Fountain Valley, Lake Forest, San Juan Capistrano, and others.

7.5 Acceptance of a quitclaim deed dated July 19, 2024 from Golden Rain Foundation conveying to the City the interest in real property described thereon and authorization for the Mayor to execute a certificate of acceptance, subject to approval as to form by the City Attorney. The real property subject to this action is a portion of a sewer easement at the Cityowned property commonly known as City Centre Park (24121 Moulton Parkway, Laguna Woods, CA 92637; Assessor’s Parcel Number: 616-012- 18). The proposed quitclaim deed would transfer ownership of a portion of a sewer easement within the City Centre Park property from the Golden Rain Foundation to the City. Accepting the proposed quitclaim deed would unencumber the City Centre Park property of a deed restriction that might otherwise complicate or preclude the potential future construction and operation of a fire station on the property. The Golden Rain Foundation has reviewed, approved, and executed the proposed quitclaim deed.

7.6 Reject all bids received for the “City Hall Safety and Refurbishment Project:

Phase 4” (bid opening July 18, 2024). Two bids were received for this project (see table below). Subsequent to the bid opening, the low bidder withdrew ITEM 7.0
CC  08-21-2024 RM Consent Calendar Summary – AR Page 3 of 3 from consideration due to an error that resulted in an unintentional difference between their actual and intended bid amounts. The remaining bidder’s bid amount is approximately 66% higher than the construction cost estimate of $499,000. Staff recommends rejecting all bids and rebidding this project.

Bidder Bid Amount
Empire Design & Build LLC $827,216
Estate Design and Construction, Inc. $426,837 (withdrawn) The City Hall Safety and Refurbishment Project: Phase 4 is included in the Fiscal Years 2023-34 Capital Improvement Program and involves the replacement of windows, doors, balcony railing, and carpeting; exiting, heating, ventilation, air conditioning, and lighting improvements; and, other work related to accessibility, functionality, safety, and security This page is intentionally blank.

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
July 17, 2024 1 City Council Regular Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING
July 17, 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 2:01 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, Administrative Services Director/City Treasurer Torres, City Clerk Trippy All staff participated in-person at the meeting location.

III. PLEDGE OF ALLEGIANCE
Mark Monin, resident, led the pledge of allegiance.

IV. PRESENTATIONS AND CEREMONIAL MATTERS

4.1 Presentation Regarding Water Supply Conditions and Conservation – Dennis P. Cafferty, General Manager, El Toro Water District
(agendized by Councilmember McCary)
Mark Monin, President of the El Toro Water District, introduced the item.

Dennis P. Cafferty, General Manager of the El Toro Water District, Vu Chu, Water Use Efficiency Analyst for the El Toro Water District, and Sherri Seitz, Public Affairs Manager for the El Toro Water District, made a presentation.

Councilmembers discussed the item and Mr. Cafferty and Mr. Chu answered related questions.

ITEM 7.1
July 17, 2024 2 City Council Regular Meeting Minutes
James Tung, resident, asked about water supply in the event of an earthquake.

Mr. Cafferty responded to Mr. Tung’s question.

V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Vicki Johnson, resident, spoke in opposition to the City potentially joining the Orange County Power Authority.

Mayor Hatch briefly responded to Ms. Johnson’s comments.

City Attorney Patterson responded to a question from Mayor Hatch.

Mike Raugh, resident, spoke in opposition to the City potentially joining the Orange County Power Authority.

Mayor Hatch briefly responded to Mr. Raugh’s comments.

Jerri Miller, resident, spoke about a claim she filed against the City regarding landscaping.

Mayor Hatch briefly responded to Ms. Miller’s comments.

City Attorney Patterson made comments.

Bill O’Dowd, resident, spoke regarding traffic enforcement on El Toro Road and provided the City Council with written correspondence.

Councilmember Conners briefly responded to Mr. O’Dowd’s comments.

Tula Larsen, Policy Intern for Orange County Supervisor Katrina Foley, provided an update from Supervisor Foley’s Office.

The following representatives of United Sovereign Americans expressed concern regarding voting data from the 2022 general election and requested the City Council pass a resolution for a legally valid 2024 election:

1. Mary H., member of the public

2. George Garrett, member of the public

3. An unidentified member of the public

4. An unidentified member of the public

5. An unidentified member of the public

6. An unidentified member of the public

7. An unidentified member of the public

8. An unidentified member of the public

9. An unidentified member of the public

10. An unidentified member of the public
ITEM 7.1
July 17, 2024 3 City Council Regular Meeting Minutes

11. Arson Russell, member of the public
Mayor Hatch briefly responded to the public comments.

Mark Monin, resident, made comments regarding a Heli-Hydrant project in Orange County and spoke in support of constructing an additional fire station in Laguna Woods.

VI. CITY TREASURER’S REPORT

6.1 City Treasurer Report
Administrative Services Director/City Treasurer Torres made a presentation.

Councilmember McCary left the meeting at 3:25 p.m.

Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried on a 4-0 vote with Councilmember McCary absent, to receive and file the City Treasurer’s Report for the month of June 2024.

VII. CONSENT CALENDAR
Moved by Councilmember Moore, seconded by Mayor Pro Tem Horne, and carried on a 4-0 vote with Councilmember McCary absent, to approve Consent Calendar items 7.1-7.5.

7.1 City Council Minutes
Approved the City Council meeting minutes for the adjourned regular meeting on June 5, 2024 and the adjourned regular meeting on June 26, 2024.

7.2 Warrant Register
Approved the warrant register dated July 17, 2024 in the amount of $452,664.53.

7.3 Landscape Maintenance Services

1. Waived 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 BrightView Landscape Services.

AND

2. Approved an extension of the agreement with BrightView Landscape Services for landscape maintenance services and authorized the City Manager to execute the extension, subject to approval as to form by the City Attorney.

7.4 Procurement of Recovered Organic Waste Products
ITEM 7.1
July 17, 2024 4 City Council Regular Meeting Minutes
Approved a first amendment to the agreement with the Golden Rain Foundation of the Laguna Woods for procurement of mulch in connection with California Senate Bill 1383 and authorized the Mayor to execute the amendment, subject to approval as to form by the City Attorney.

7.5 National Opioids Settlement
Authorized the City Manager to execute the settlement agreement with Kroger Co. as part of the National Opiods Settlement and elect for the City to receive direct payment of settlement funds. For the purpose of this recommendation, “settlement agreement” includes the participation form for the settlement including a release of claims and a separate signature page for California’s Proposed State-Subdivision Agreement Regarding Distribution of Use of Settlement Funds, as well as any other documents or certifications that may be necessary to finalize or implement the settlement agreement.

Councilmember McCary returned to the meeting at 3:28 p.m.

VIII. PUBLIC HEARINGS

8.1 Sign Program Amendment SP-2024-0001 to amend Sign Program SP-1508, which allows for various signage at 24902 Moulton Parkway, Laguna Woods, CA 92637 City Manager Macon made a presentation.

Mayor Hatch opened the public hearing.

Kathryn Freshley, resident, asked about the need for additional signage on the south side of the building and expressed concerns regarding issues that could arise with other tenants.

Lauren Fontein, representative of The Artist Tree, provided background on the request and responded to a question from Mayor Hatch.

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

Councilmembers discussed the item and staff answered related questions.

Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried on a 4-1 vote with Councilmember Moore voting no, to adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, APPROVING SIGN PROGRAM
AMENDMENT SP-2024-0001 TO AMEND SIGN PROGRAM SP-1508,
WHICH ALLOWS FOR VARIOUS SIGNAGE AT 24902 MOULTON
PARKWAY, LAGUNA WOODS, CA 92637, AND DETERMINING

AND CERTIFYING THAT THE SIGN PROGRAM IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ITEM 7.1
July 17, 2024 5 City Council Regular Meeting Minutes
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15311
OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS
IX. CITY COUNCIL BUSINESS

9.1 Golden Rain Foundation of Laguna Woods’ Use of 800 Megahertz Radios as part of the Orange County Countywide Coordinated Communications System City Manager Macon made a presentation.

Kathryn Freshley, resident, spoke in support of the recommendation and suggested that the City take on the costs as opposed to the Golden Rain Foundation of Laguna Woods.

Councilmembers and staff briefly responded to Ms. Freshley’s comments.

Moved by Councilmember Moore, seconded by Councilmember Conners, and carried unanimously on a 5-0 vote, to approve a memorandum of understanding with the Golden Rain Foundation of Laguna Woods’ use of 800 megahertz radios as part of the Orange County countywide Coordinated Communications System and authorize the Mayor to execute the memorandum of understanding, subject to approval as to form by the City Attorney.

9.2 2023-2024 Orange County Grand Jury Report, “Talking Trash: Recyclables and Organic Waste”
City Manager Macon made a presentation.

Councilmember Conners left the meeting at 4:02 p.m. and returned at 4:05 p.m.

Councilmembers discussed the item and staff answered related questions.

Moved by Mayor Pro Tem Horne, seconded by Councilmember Conners, and carried unanimously on a 5-0 vote, to approve a response to the 2023-2024 Orange County Grand Jury Report, “Talking Trash: Recyclables and Organic Waste,” authorize the Mayor to execute the response, and direct the City Manager to submit the response as required by applicable law.

9.3 2023-2024 Orange County Grand Jury Report, “E-bikes Friend or Foe” City Manager Macon made a presentation.

Councilmembers discussed the item.

Moved by Councilmember Moore, seconded by Councilmember Conners, and carried unanimously on a 5-0 vote, to approve a response to the 2023-2024 Orange County Grand Jury Report, “E-bikes, Friend or Foe,” authorize the Mayor to execute the response, and ITEM 7.1
July 17, 2024 6 City Council Regular Meeting Minutes
direct the City Manager to submit the response as required by applicable law.

9.4 Fiscal Years 2023-34 Capital Improvement Program
City Manager Macon made a presentation.

Councilmember Conners made comments.

9.5 Sign Regulations
(agendized by Councilmember Moore)
Councilmember Moore introduced the item and discussed billboards.

City Manager Macon made a presentation.

Councilmembers discussed the item and staff answered related questions.

Mark Monin, resident, spoke in support of streamlining permitting processes.

Mike Raugh, resident, spoke in opposition to distracting and flashing signs.

X. CITY COUNCIL REPORTS AND COMMENTS

10.1 Coastal Greenbelt Authority
Councilmember McCary provided a report and shared a PowerPoint presentation with photographs of native and invasive species of lizards.

10.2 Orange County Fire Authority
Mayor Hatch provided a report and shared a video from the Orange County Fire Authority’s 16th Annual Best & Bravest Awards.

Mayor Hatch and Mike Summers, Division Chief, Orange County Fire Authority, responded to a question from Councilmember Moore.

10.3 Orange County Library Advisory Board
Councilmember Moore provided a report and responded to comments from Mayor Hatch.

10.4 Orange County Mosquito and Vector Control District Mayor Pro Tem Horne provided a report.

10.5 San Joaquin Hills Transportation Corridor Agency
ITEM 7.1
July 17, 2024 7 City Council Regular Meeting Minutes
Councilmember Conners stated that there had been no meeting since the last meeting.

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 and Councilmember McCary provided a report and responded to a question from Mayor Hatch.

10.8 Other Comments and Reports
Councilmember Conners reported on a recent meeting of the Garden Villa Association regarding disaster preparedness and expressed interest in providing preparedness training to residents.

Mayor Hatch thanked members of the audience for attending.

XI. CLOSED SESSION
City Attorney Patterson introduced the closed session agenda.

City Attorney Patterson noted that prior to convening in closed session, the City Council will hear public comments on items appearing on the closed session agenda.

Vicki Johnson, resident, spoke in support of the City Manager’s performance.

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

Councilmember McCary left the meeting following closed session.

XII. CLOSED SESSION REPORT
The City Council (with the exception of Councilmember McCary) reconvened in open session at 5:28 p.m. City Attorney Patterson stated that there was no reportable action.

XIII. ADJOURNMENT
The meeting was adjourned at 5:29 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, August 21, 2024, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.

ITEM 7.1
July 17, 2024 8 City Council Regular Meeting Minutes
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: August 21, 2024
__________________________________
NOEL HATCH, Mayor

7.2 WARRANT REGISTER
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

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7.3 FISCAL YEARS 2023-25 BUDGET

ADJUSTMENTS
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

This page is intentionally blank.

ITEM 7.3
R 24-XX 1 XX-XX-2024
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ADJUSTING THE ASSIGNED RESERVE

BALANCES FOR THE PAID LEAVE CONTINGENCY RESERVE AND

THE GENERAL FUND CONTINGENCY RESERVE FOR FISCAL
YEAR 2024-25
WHEREAS, the Fiscal Years 2023-25 Budget (“Budget”) was adopted by the City Council on June 28, 2023; and
WHEREAS, the Budget includes contingency funds for paid leave, selfinsurance, and General Fund purposes; and WHEREAS, in accordance with Administrative Policy 2.9, the Budget was adopted with an overall target for committed and assigned reserves in an amount equal to 50% of the adopted General Fund revenue budget for Fiscal Year 2024- 25, less any one-time revenues and non-operating revenues, based on information available as the adoption of the Budget; and
WHEREAS, in accordance with Administrative Policy 2.9, the Budget was adopted with an estimate of the assigned reserve balance for the Paid Leave Contingency Reserve for Fiscal Year 2024-25, subject to finalization by City Council action after fiscal-year-end calculations are available; and WHEREAS, on December 12, 2023, the City Council adopted Resolution No. 23-25, which adjusted the assigned reserve balances for the General Fund Contingency Reserve for Fiscal Year 2023-24 and Fiscal Year 2024-25; and WHEREAS, Fiscal Year 2023-24 year-end calculations for the Paid Leave Contingency Reserve are now available and staff has recommended an increase in its assigned reserve balance for Fiscal Year 2024-25, based on actual accrued paid leave balances for City employees as of June 30, 2024; and WHEREAS, in accordance with Administrative Policy 2.9, adjustment of the assigned reserve balance for the Paid Leave Contingency Reserve also affects the assigned reserve balance for the General Fund Contingency Reserve; and WHEREAS, the assigned reserve balance adjustments recommended by staff would increase and finalize the assigned reserve balance for the Paid Leave ITEM 7.3
R 24-XX 2 XX-XX-2024
Contingency Reserve for Fiscal Year 2024-25 by $16,348 and reduce the assigned reserve balance for the General Fund Contingency Reserve for Fiscal Year 2024- 25 by $16,348, with no change to total committed and assigned reserves for Fiscal Year 2024-25.

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

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

SECTION 1. Section 3 of Resolution No. 23-16, as previously amended by Resolution Nos. 23-21 and 23-35, is hereby amended, in its entirety, to read as follows:

The General Fund assigned reserves authorized are:

Fiscal Year
2023-24
Fiscal Year
2024-25
Paid Leave
Contingency Reserve $122,607 $136,394
Self-Insurance
Contingency Reserve $50,000 $50,000
General Fund
Contingency Reserve $3,495,193 $3,567,306
TOTAL $3,667,800 $3,753,700
Assigned reserves shall be maintained, administered, and expended in accordance with 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.

PASSED, APPROVED AND ADOPTED on this XX day of XX 2024. _______________________________
NOEL HATCH, Mayor
ITEM 7.3
R 24-XX 3 XX-XX-2024
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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7.4 LANDSCAPE MAINTENANCE SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

This page is intentionally blank.

ITEM 7.4

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND
BRIGHTVIEW LANDSCAPE SERVICES, INC.

FOR LANDSCAPE MAINTENANCE 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 BrightView Landscape Services, Inc. ("CONSULTANT").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on September 1, 2024 and ending at 11:59 p.m. on June 30, 2027. Such term may be extended upon written agreement of both parties to this AGREEMENT through a maximum of 11:59 p.m. on June 30, 2028.

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 ITEM 7.4

of this AGREEMENT. CONSULTANT shall perform work 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 as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.

Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.

SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.

ITEM 7.4

SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.

SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.

Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 7.4

officers, officials, employees or agents, except as set forth in this AGREEMENT.

CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".

SECTION 9. STANDARD OF PERFORMANCE.

ITEM 7.4

CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.

CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 7.4

its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.

SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.

SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of ITEM 7.4

CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.

CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, 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") resulting from third-party claims, which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS that are determined by a court of competent jurisdiction, or otherwise agree to by the parties in an out of court settlement, to have been caused by CITY's sole negligence or willful acts or omissions.

ITEM 7.4

SECTION 14. INSURANCE.

CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.

SECTION 15. ASSIGNMENT.

The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.

SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.

CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.

SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT, with or without cause, 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 ITEM 7.4

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 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
ITEM 7.4

To CONSULTANT: BrightView Landscape Services, Inc.

ATTN: President
27001 Agoura Rd Ste 350
Calabasas, CA 91301
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 22. AUTHORITY TO EXECUTE.

The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.

SECTION 23. BINDING EFFECT.

This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

SECTION 24. MODIFICATION OF AGREEMENT.

No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 25. WAIVER.

Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.

SECTION 26. LAW TO GOVERN; VENUE.

This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.

SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.

ITEM 7.4

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 "F", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.

No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 29. SEVERABILITY.

If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).

SECTION 30. NO THIRD-PARTY BENEFICIARIES.

This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.

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:

Dale Asplund, CEO
Approved as to Form:

Alisha Patterson, City Attorney
ITEM 7.4
EXHIBIT "A"

SCOPE OF SERVICES
CONSULTANT shall perform and complete landscape maintenance services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.

CONSULTANT shall provide landscape maintenance services for all CITY-owned or maintained properties, including but not limited to those described in Exhibit “D” (Minimum Standards of Performance) and those shown in Exhibit “F” (City-Maintained Landscape Areas), in the manner described in this AGREEMENT.

Prevailing Wage

ALL SERVICES PERFORMED BY CONSULTANT UNDER THIS AGREEMENT SHALL BE SUBJECT TO PREVAILING WAGE. In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

The selected firm shall be required to pay to all persons employed for this work by the selected firm sums not less than the sums set forth in the documents entitled “General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770,1773,17733.1” California Department of Industrial Relations
CONSULTANT shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 at all times during the term of this AGREEMENT. All services performed by CONSULTANT under this AGREEMENT are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Licensure

1. CONSULTANT shall hold and maintain a valid State of California C-27 (Landscaping Contractor) contractor’s license at all times during the term of this AGREEMENT.

2. CONSULTANT shall hold and maintain a valid State of California Department of Pesticide Regulation Pest Control Business License at all times during the term of this AGREEMENT.

As an alternative, CONSULTANT may subcontract with a duly licensed firm for services for which applicable law or this AGREEMENT requires a Pest Control Business License. a. All persons who apply pesticides (and, all persons when required by law) shall hold and maintain a valid State of California Department of Pesticide Regulation Qualified Applicator License (QAL) at all times while providing such services.

Exhibit A – Page 1 of 5
ITEM 7.4

3. At least one person working for CONSULTANT shall hold a valid State of California Department of Pesticide Regulation Agricultural Pest Control Adviser License at all times during the term of this AGREEMENT. As an alternative, CONSULTANT may subcontract with a duly licensed person for services for which applicable law or this AGREEMENT requires an Agricultural Pest Control Advisor License.

4. At least one person working for CONSULTANT shall hold such valid certification as the El Toro Water District requires to perform backflow testing at all times during the term of this AGREEMENT. As an alternative, CONSULTANT may subcontract with a duly certified person for backflow testing services.

Additional Information

5. Exhibits “D” (Minimum Standards of Performance) and “E” (Weed Control Provisions and Integrated Pest Management Policy) contain additional information on the scope of services required by CONSULTANT, and CONSULTANT shall comply with same.

Standards for Personnel

6. CONSULTANT shall designate a project manager who shall be responsible for overseeing all work performed under this AGREEMENT and coordinating the same with CITY.

He/she/they shall have at least two years of experience involving landscape maintenance and be fluent in the English language.

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

8. At all times during landscape maintenance services, CONSULTANT’s personnel shall be dressed in clean, high visibility uniforms, appropriate to the nature of the work performed, with the company name clearly identified. No portion of a uniform shall be removed or not worn. Personnel not in full uniform shall be immediately removed from providing services.

9. CONSULTANT’s personnel shall possess all of the following:
a. Proper licensure and training for operation of equipment utilized. b. Ability to operate equipment in accordance with the manufacturer’s recommendations. c. Ability to make required operator/mechanical adjustments to the equipment being used. d. Knowledge of safety regulations as they relate to the work performed. e. Knowledge of the safety and uniform standards required by this AGREEMENT.

Standards of Practice

1. CONSULTANT shall comply with CITY’s National Pollutant Discharge Elimination System (NPDES) requirements including, but not limited to, the Laguna Woods Municipal Code’s Exhibit A – Page 2 of 5
ITEM 7.4
water quality provisions, as may change from time-to-time at CITY’s discretion.

2. CONSULTANT shall keep all equipment in good working order and shall maintain, operate, and utilize the same in full compliance with manufacturer’s instructions and applicable federal, state, and local laws and regulations including, but not limited to, California Division of Occupational Health and Safety requirements, California Department of Transportation requirements, and the California Manual of Uniform Traffic Control Devices.

3. CONSULTANT shall employ temporary traffic control as necessary for safety of the public and CONSULTANT’s personnel and equipment. Temporary traffic control shall comply with the California Manual of Uniform Traffic Control Devices. Temporary traffic control for routine services shall be considered routine and shall not constitute extra services.

4. CONSULTANT shall identify the location of all utilities, irrigation components, trees, and/or any public or private property element(s) that could be compromised by any work activity.

This pre-inspection shall occur prior to any commencement of work in any area on any given day. If identified, CONSULTANT shall take appropriate action to protect the same. If, during the course of the pre-inspection, CONSULTANT identifies damage that existed before the onset of work, CONSULTANT shall document the damage with photographs and report such damage to CITY prior to any commencement of work in that area. All photo documentation shall have the time and date embedded. Any claim of damage that cannot be refuted by photo documentation and/or a written report to CITY shall be considered the responsibility of CONSULTANT.

5. CONSULTANT shall setup, operate, and stage in a manner that presents the least amount of disruption to residents, businesses, the public, and traffic flow. Equipment shall never be stored or left unattended on a public street, CITY facility, or private property.

6. CONSULTANT shall prevent unnecessary or excessive noise resulting from its work and comply with the Laguna Woods Municipal Code’s noise provisions, as may change from time-to-time at CITY’s discretion. CONSULTANT shall not idle vehicles, engage in unnecessarily loud personal communication, or use radios, stereos, speakers, megaphones, or similar sound amplification equipment.

7. With the exception of extra work when specifically authorized by CITY, or in the case of emergency response, CONSULTANT shall not perform any work on Saturdays, Sundays, federal holidays, or between the hours of 7 p.m. and 6:30 a.m., Mondays through Fridays.

CONSULTANT may begin to stage its personnel and equipment between 6:30 and 7 a.m.; however, no mechanized equipment (e.g., blowers, vacuums, mowers, edgers, trimmers, chippers, or saws) shall be used prior to 7 a.m.

8. CONSULTANT’s management personnel shall participate in project area inspections with CITY to review outstanding and anticipated service issues as requested by CITY.

Exhibit A – Page 3 of 5
ITEM 7.4
Clean-up and Waste Disposal

1. CONSULTANT shall not permit any personnel or member of the public to collect, salvage, or remove any debris resulting from landscape maintenance services.

2. If CONSULTANT chooses to utilize a third-party to haul debris resulting from work, it shall be a requirement to use CR&R Incorporated.

Injury, Death, or Property Damage Reporting

1. CONSULTANT shall report to CITY any incident that occurs during work, and results in any injury or death, within one hour of occurrence. CONSULTANT shall prepare and submit a written report to CITY within 24 hours of any such incident.

2. If any structure or property is damaged as a result of CONSULTANT’s work, CONSULTANT shall notify the property owners and CITY within one hour of occurrence.

CONSULTANT shall make all arrangements for repairs to damaged property at CONSULTANT’s own cost within 48 hours of occurrence, except utility lines, which shall be repaired within 24 hours of occurrence. CONSULTANT shall be solely responsible for contacting all utilities, property owners, and contractors required to complete such repairs.

Repairs shall be made in accordance with the appropriate building codes under permits issued by CITY (CITY will not waive fees) and other laws and regulations, as applicable.

Repairs shall be made using components matching those that were damaged.

CITY Keys and Passcodes

1. CONSULTANT shall maintain possession of, and keep confidential and secure, passcodes provided by CITY to access CITY-owned or maintained areas, or CITY systems or equipment, at all times.

2. CONSULTANT shall maintain possession of, and keep confidential and secure, keys provided by CITY to access CITY-owned or maintained areas, or CITY systems or equipment, at all times.

3. CONSULTANT shall provide immediate written notification to CITY in the event that any key or passcode provided by CITY is lost, stolen, or misused. CONSULTANT shall reimburse CITY for all costs associated with rekeying locks and resetting passcodes due to keys or passcodes provided to CONSULTANT being lost, stolen, or misused.

4. CONSULTANT shall not duplicate or otherwise reproduce any key provided by CITY to access CITY-owned or maintained areas, or CITY systems or equipment, without prior written authorization of CITY.

5. CONSULTANT shall not rekey, attach additional locks to, or modify passcodes for any CITY-owned or maintained area, or CITY system or equipment, without obtaining prior Exhibit A – Page 4 of 5
ITEM 7.4
written authorization from CITY.

6. CONSULTANT shall return to CITY all keys provided by CITY upon the expiration or termination of this AGREEMENT, or immediately upon CITY’s written demand.

Exhibit A – Page 5 of 5
ITEM 7.4
EXHIBIT "B"

COMPENSATION
CONSULTANT shall be compensated on a lump sum basis up to a not-to-exceed limit of the totals in Table B-1. The totals in Table B-1 are all-inclusive up to the levels and subject to the assumptions described in EXHIBIT “A,” except that all pesticide applications and mulch applications are considered “extra work.”
Table B-1: Compensation Schedule
Landscape Area(s) Regular Rate Special Rate
Routine Services
Public Right-of-Way $13,956.39 per month
City Centre Park
Woods End Wilderness Preserve
San Remo/Santa Vittoria Parcel
$878.72 per month
Dog Park (including parking lot) $743.74 per month
City Hall (including parking lot) $594.15 per month
TOTAL ROUTINE SERVICES $16,173.00 per month
Extra Work - Labor
Landscape Maintenance Supervisor $60 per hour $90 per hour Landscape Foreman $60 per hour $90 per hour
Irrigation Specialist $60 per hour $90 per hour
Landscape Maintenance Laborer $45 per hour $67.50 per hour Extra Work - Other
Equipment and Supplies – Irrigation Repairs
10% mark-up over
cost (as evidenced by
receipts)
Planting, Replacement, Renovation, or Other
Extra Work
CONSULTANT shall
provide work-specific
proposals to CITY
upon request; labor
rates shall conform to
the rates for “Extra
Work - Labor.”
Exhibit B – Page 1 of 2
ITEM 7.4
The rates set forth in Table B-1 are all inclusive, with the exception of plan check, permit, and other related fees; reprographics costs; and, courier/mailing services, all of which must be authorized by CITY, in advance, and may only be charged to CITY at cost (as evidenced by receipts). CONSULTANT shall not be reimbursed for any other expenses including, but not limited to, mileage; travel; food; drink; computer, voice, and data line usage; and, provision of required uniforms, telephones, training, licensure, and certification.

In Table B-1, where applicable, “Special Rate” applies to all work performed on New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, as well as between the hours of 5 p.m. and 6 a.m., Monday through Sunday. All other work shall be charged at the specified “Regular Rate.”
CONSULTANT’s rates for “Routine Services” and “Extra Work - Labor” shall increase by 4% on January 1 of each year of the term of this AGREEMENT.

Exhibit B – Page 2 of 2
ITEM 7.4
EXHIBIT "C"

INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
(5) Professional liability insurance.

2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $5,000,000 per occurrence for all covered losses and no less than $5,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

Exhibit C – Page 1 of 3
ITEM 7.4
(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 7.4
required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.

2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.

Exhibit C – Page 3 of 3
ITEM 7.4
EXHIBIT "D"

MINIMUM STANDARDS OF PERFORMANCE

THE STANDARDS DESCRIBED IN THIS EXHIBIT ARE PROVIDED AS MINIMUM

PERFORMANCE STANDARDS AND ARE INTENDED TO PROVIDE ONLY A BASELINE DESCRIPTION OF SERVICES. THIS EXHIBIT IS NOT A TECHNICAL SPECIFICATION

AND DOES NOT RELIEVE CONSULTANT FROM MEETING GENERALLY ACCEPTED

INDUSTRY STANDARDS OR BEST PRACTICES FOR LANDSCAPE MAINTENANCE, WHETHER OR NOT SPECIFICALLY DESCRIBED HEREIN.

Service Description
CONSULTANT shall provide complete landscape maintenance of all CITY-owned and maintained landscape areas, including, but not limited to pruning, shaping and training of plant material; fertilization; weed control; control of all plant diseases and pests; maintenance and repairs of irrigation and drainage systems; and all other maintenance required to maintain areas in a safe, attractive and usable condition, and maintain all plant material in good condition with horticulturally acceptable growth and color.

Landscape areas CONSULTANT shall maintain generally include, but are not limited to, the following (see also Exhibit “F”):
• CITY-owned and maintained medians, parkways, and other landscape areas along El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue • Landscaping associated with Laguna Woods City Hall (24264 El Toro Road), including parking lot, driveways, and patio
• “A Place for Paws” Dog Park (23301 Ridge Route Drive), including parking lot • City Centre Park (24121 Moulton Parkway)
• Portions of Woods End Wilderness Preserve (24995 El Toro Road) • Parcel in the vicinity of the intersection of Santa Vittoria Avenue and San Remo Drive CONSULTANT shall also remove loose debris (including, but not limited to, trash, grass clippings, pruning debris, and leaf litter) from sidewalks, walkways, pavers, parking lots, and similar areas within the public right-of-way, and shall also provide pest management in those same areas. CONSULTANT shall also remove loose debris and provide pest management within the street right-of-way on Santa Maria Avenue located west of the gate at the west side of the intersection with Avenida Sosiega.

Schedule Submittals

1. CONSULTANT shall submit an annual maintenance rotation schedule for achieving the minimum standards of performance set forth in this AGREEMENT for review and approval by CITY. CONSULTANT shall submit the initial annual maintenance rotation Exhibit D – Page 1 of 14
ITEM 7.4
schedule for the EFFECTIVE DATE of this AGREEMENT through December 30, 2024 within 20 working days of the EFFECTIVE DATE of the AGREEMENT and, for each subsequent calendar year, no later than each November 1. Beginning with the 2025 calendar year, no work shall commence until an annual maintenance rotation schedule has been approved by CITY, unless specifically authorized by CITY.

2. CONSULTANT shall submit to CITY a weekly maintenance schedule indicating specific locations of work to be done for the week, as well as number of personnel anticipated to be assigned, tasks to be accomplished, and any activity that may affect the public (such as traffic control). CONSULTANT shall submit each weekly maintenance schedule no later than Friday at 3 p.m. for the following Monday through Friday period. CONSULTANT agrees that many factors affecting landscaping can be unpredictable including, but not limited to, weather, plant and weed growth, drought, and pest population variances.

Consequently, CITY may, at its discretion, provide comment on weekly maintenance schedules and set priorities for otherwise routine work. Such priority-based adjustments shall be considered routine and shall not constitute extra services.

Irrigation

1. CONSULTANT shall maintain all irrigation systems in such a way as to guarantee proper coverage, and shall make any and all adjustments as may be necessary to prevent water runoff onto asphalt, concrete, curbs, gutters, the municipal separate storm sewer system, sidewalks, walkways, pavers, parking lots, and other areas not meant to be irrigated.

2. CONSULTANT’s routine maintenance shall include regular and as-needed inspections of, and repairs and/or replacements of, all parts of the irrigation system as required to ensure the proper operation, water efficiency and full working capacity of the irrigation system from water meters throughout the work area, and shall include, but not be limited to, the following:
a. Keeping controller and valve boxes clear of soil and debris. b. Checking for malfunctioning or leaking irrigation control valves. c. Checking for broken or clogged heads or drip emitters and replacing, repairing, and adjusting (raise, lower, straighten, etc.) as necessary for proper operation. d. Repairing and replacing as necessary: irrigation mains (pressure lines), irrigation controllers, master valves, check valves, irrigation system laterals (piping), irrigation sprayheads or other emitters, in-line drip lines, risers, valve boxes and lids, electrical pull boxes and lids, electrical wiring for irrigation system, quick coupler valves and hose bibs, and other equipment.
e. Addressing any other condition that hampers the irrigation system.

3. CONSULTANT shall repair the following deficiencies, malfunctions, breaks, or leaks immediately upon discovery without required prior notice of CITY:

Exhibit D – Page 2 of 14
ITEM 7.4
a. Water leaks of any kind (potable or recycled).
b. Issues resulting in discharge to the municipal separate storm sewer system. c. Issues that affect pedestrian areas such as sidewalks, curb ramps, or parks. d. Where erosion or damage to property is occurring or threatened.

CONSULTANT shall repair all other irrigation system deficiencies within five working days of receiving prior written authorization of CITY.

4. New and replacement equipment shall comply with CITY’s standard equipment list, as may change from time-to-time at CITY’s discretion. All new and replacement equipment shall be able to function with existing systems, unless otherwise approved by CITY. If CITY’s standard equipment is not compatible with one or more existing systems, CONSULTANT shall notify CITY and await direction before proceeding with purchase or installation. Any deviation from CITY’s standard equipment list shall be requested by CONSULTANT of CITY in writing and shall be subject to CITY’s discretion.

5. CONSULTANT shall program irrigation controllers as necessary to provide adequate water to keep plant material healthy. Irrigation scheduling shall consider the presence and type of plant material including, but not limited to, native or other plants that may not withstand summer water, as well as soil conditions and sun exposure.

6. CONSULTANT’s irrigation and use of water shall comply with the “Guidelines for Implementation of the City of Laguna Woods Water Efficient Landscape Ordinance” and water conservation measures as required by El Toro Water District (ETWD), as may change from time-to-time at CITY or ETWD’s discretion. CONSULTANT shall verify stages of drought established by ETWD and adjust services as necessary for compliance, as may change from time-to-time at ETWD’s discretion.

7. Irrigation shall be accomplished using “smart” automatic irrigation systems whenever possible. If existing controllers that are not “smart” require major repair or replacement, CONSULTANT shall notify CITY in order for CITY to consider authorizing conversion thereto prior to major repair or replacement. In such instances, CONSULTANT shall not proceed with major repair or replacement without prior written CITY authorization.

8. CONSULTANT shall program irrigation controllers to water between 9 p.m. and 6 a.m., whenever possible, or comply with El Toro Water District guidelines, whichever is more restrictive (such as in times of drought). In any instance, watering is prohibited between 10 a.m. and 5 p.m. Adjustments and repairs requiring irrigation for short periods of time and watering with a hand-held hose equipped with a positive self-closing shut-off hose nozzle are exempt from the 10 a.m. to 5 p.m. watering prohibition.

9. CONSULTANT shall ensure that irrigation systems are programmed to turn off during periods of rainfall, for 48 hours following significant precipitation, and at times when the suspension of irrigation would help to conserve water without imperiling generally accepted horticultural or arboreal maintenance practices. If all or any part of the existing Exhibit Exhibit D – Page 3 of 114
ITEM 7.4
irrigation system is not programmable or does not automatically adjust either by design or defect, CONSULTANT shall make manual adjustments and/or take all other necessary steps to achieve compliance with this provision.

10. CONSULTANT shall irrigate by a portable irrigation method all areas not adequately covered by an automated irrigation system and all areas where automated irrigations are inoperable or performing incorrectly. In doing so, CONSULTANT shall exercise care to prevent water waste, erosion, and seepage into underground improvements and structures.

11. CONSULTANT shall not water with a device that is not continuously attended (including automatic valves) for more than 15 minutes per valve per day. Very low-flow drip-type systems where no emitter discharges more than two gallons of water per hour and systems that are equipped with sensor or weather-based controllers are exempt from this provision.

Shrubs/Groundcover

1. CONSULTANT shall provide all plants with sufficient water to ensure healthy growth.

2. CONSULTANT shall provide written notice and accompanying photographs to CITY of any dead, damaged, or deteriorated plants that CONSULTANT believes require removal or replacement (see “Extra Work” section in this exhibit for additional information).

Mulch in Shrub/Groundcover Areas

1. CONSULTANT shall apply mulch to maintain a depth of three inches within shrub areas and two inches within groundcover areas. Mulch, consisting of shredded bark, wood chips, or rock mulch to match existing treatment, shall be free of disease, weed seeds, or other pests or pathogens. Additionally, all PVC pipes within the mulched areas must be fully covered by the mulch applications, which may require applying mulch in excess of the specified depths where necessary.

2. CONSULTANT shall use only mulch that complies with California Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) and its implementing regulations (“SB 1383”), unless otherwise authorized in writing by CITY. CONSULTANT shall source mulch from recycled or composted organic material to meet these regulatory requirements.

CONSULTANT shall provide CITY with documentation or certification from the mulch supplier verifying that the mulch complies with SB 1383 before application.

3. For medians on El Toro Road and Moulton Parkway, CONSULTANT is required to use specific mulch colors to meet aesthetic standards. The required mulch colors are:
• Gold Citrus Mulch: To be used as specified for designated medians to maintain visual consistency and quality.
• Brown Citrus Mulch: To be used as specified for designated medians to maintain visual consistency and quality.

Exhibit D – Page 4 of 14
ITEM 7.4
Both mulch colors are available from Socal Mulch Inc. CONSULTANT must submit a sample of mulch colors to CITY for approval prior to application, if not previously used, if sourced from a new batch, or if a comparably colored product is sourced from a different supplier.

Pruning of Shrubs/Groundcover

1. CONSULTANT shall conduct daily inspections and immediately prune shrubs and groundcover to prevent obstructions of CITY signage or vehicular sight lines (e.g., lines of sight from vehicles to traffic control devices and street signs).

2. CONSULTANT shall remove dead or damaged limbs or branches immediately. Pruning cuts shall be made cleanly with sharp tools, with no projections or stubs remaining.

3. CONSULTANT shall prune only as necessary to (1) maintain healthy growing conditions and plant growth within reasonable bounds to prevent encroachment into pedestrian or vehicular areas, (2) where necessary for visibility purposes (including ensure that signage and vehicular sight lines are not obstructed), and (3) as required to achieve an overall even appearance, renew growth, or improve density and attractiveness.

4. CONSULTANT shall prune during dormant or slow growth seasons whenever possible.

5. CONSULTANT shall not prune when a plant is in flower or setting buds.

6. CONSULTANT shall prune in a manner that permits each plant to grow as naturally as possible, in accordance with each plant’s respective natural growth characteristics (mature natural shape, density, and size). Plants shall not appear to be artificially shaped and, in no instance, shall plants be sculpted into unnatural geometric shapes. a. Where plant size must be reduced, CONSULTANT shall prune in a method that retains as much of the plant’s natural shape as possible. b. CONSULTANT shall cut branches individually with cuts made from the interior of plants to thin out branches that are dead, weak, crossing, or inhibiting growth. c. Shearing, hedging, or severe pruning shall be minimized and done only with prior written authorization of CITY. CITY reserves the right to require, at its discretion, CONSULTANT to replace plants, at no cost to CITY, that have been sheared, hedged, or severely pruned without prior written authorization of CITY or in such a manner that plants’ ability to regain natural shapes is compromised. d. Plants that require annual cutting back shall be cut back by CONSULTANT, when dormant, to four to six inches above grade with cuts level (parallel) to the ground (not in a ball), using clean sharpened blades.

Swales

1. CONSULTANT shall inspect all swales for trash, debris, and excessive sediment during Exhibit Exhibit Exhibit D – Page 5 of 114
ITEM 7.4
normal landscape maintenance and after each storm event, and maintain, as necessary.

2. CONSULTANT shall inspect all swales during normal landscape maintenance and after each storm event for vegetation health and erosion issues and ensure that swales function adequately to prevent standing water for more than 48-hours and for vector control.

3. CONSULTANT shall maintain plant material and adjust irrigation schedule to ensure vegetative cover while preventing irrigation runoff from swale areas to storm drains.

4. CONSULTANT shall re-seed swale area and remove sediment as necessary to maintain intended drainage patterns.

Trees

1. CITY retains services under separate contract to provide tree pruning and removal work.

CONSULTANT shall supplement those services with day-to-day maintenance of trees as described in this section.

2. CONSULTANT shall conduct daily inspections and immediately provide written notification to CITY of any tree that shows sign of disease, damage, root heaving, leaning, or hanger limbs, or for any reason appears to be a safety hazard or shows signs of compromised health.

3. CONSULTANT shall provide all trees with sufficient water to ensure healthy growth.

4. CONSULTANT shall maintain an 18-inch diameter circle at the base of each tree, which shall be maintained clear of plant material or mulch.

5. CONSULTANT shall not drive vehicles or other heavy equipment over roots within the dripline of any tree.

6. CONSULTANT shall not utilize weed whippers or other equipment in a manner that results in damage to tree trunks or other parts of trees.

7. CONSULTANT shall be responsible for CITY’s costs for arboriculture consulting, tree pruning, tree removal, and tree replacement, as well as related public notification, traffic control, and emergency services, when required as a result of CONSULTANT’s actions. (see “Fertilization” in this exhibit for tree-related requirements) Turfgrass

CONSULTANT ACKNOWLEDGES THAT CITY PLANS TO REMOVE AND REPLACE

THE TURFGRASS EXISTING WITHIN THE MEDIANS ON SANTA MARIA AVENUE AS

OF THE EFFECTIVE DATE OF THIS AGREEMENT WITH NEW SHRUBS AND Exhibit D – Page 6 of 14
ITEM 7.4
GROUNDCOVERS. MAINTENANCE OF THOSE FUTURE SHRUBS AND

GROUNDCOVERS IS INCLUDED WITHIN THE SCOPE OF ROUTINE PUBLIC RIGHT OF

WAY SERVICES IN THIS AGREEMENT, AND THE COSTS OF SAME SHALL NOT INCREASE COSTS SET FORTH IN THIS AGREEMENT.

Mowing
CONSULTANT shall mow turfgrass evenly and cleanly twice per month, weather-permitting.

Turfgrass shall be mowed to a maximum height of 2 ½ inches in warm weather and 1 ½ inches during the rainy season. Edges adjacent to walkways, curbs, paving, mow strips, shrub areas, and buildings shall be trimmed during each mowing occasion. All clippings shall be vacuumed, blown, or swept off walks and removed from the area immediately to minimize pedestrian contact.

Watering
CONSULTANT shall not irrigate turfgrass, but shall regularly inspect irrigation systems within turfgrass areas to identify leaks, breaks, and other conditions that may lead to water waste. Such inspections shall include, but not be limited to, turning on valves and checking meter readings.

Vines

1. CONSULTANT shall thin and otherwise maintain vines to retain their intended form and purpose. Pruning shall be performed as a continuous operation to prevent plants from being allowed to develop straying, undesirable growth, or excessive build-up of bare plant material or undergrowth when pruned back. Vines shall not be allowed to grow into adjacent shrubs or trees. Vines on walls shall be kept trimmed below the top of the wall.

2. CONSULTANT shall provide written notice and accompanying photographs to CITY of any dead, damaged, or deteriorated vines that CONSULTANT believes require removal or replacement (see “Extra Work” in this exhibit for additional information).

Fertilization
Rate and Time of Fertilization

1. CONSULTANT shall fertilize all plant material three times per year using a general allpurpose granular fertilizer with a balanced 10-10-10 NPK ratio.

Materials

1. CONSULTANT shall deliver fertilizer to the application site in the original unopened container bearing the manufacturer’s guaranteed analysis. Upon delivery, a representative from the CITY shall be present to inspect and approve the delivery of these materials. To ensure that the fertilizer is used exclusively for CITY properties and not diverted to other Exhibit D – Page 7 of 14
ITEM 7.4
sites, the CITY representative will conduct a verification process, which includes cutting open a sample of the bags during delivery.

2. Materials and application must comply with any environmental regulations, including proximity to drainage ways or environmentally sensitive areas.

Pest Management
For the purpose of this section, references to “pesticide” are inclusive of pesticides, herbicides, and rodenticides.

1. CONSULTANT shall implement the City of Laguna Woods’ Integrated Pest Management (IPM) Policy (included as Exhibit “E”).

2. CONSULTANT shall not use pesticides or other chemicals inside of or within 50 feet of perimeter fencing/walls of “A Place for Paws” Dog Park or within 50 feet of the edge of paving of vehicular parking areas serving “A Place for Paws” Dog Park.

3. Within 20 working days of the effective date of the AGREEMENT, CONSULTANT shall submit to CITY a list of all proposed chemical herbicides, rodenticides, and pesticides anticipated for use. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic foundation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. a. CONSULTANT shall notify CITY, in writing a minimum of seven working days prior to the application of any pesticide. Such notices shall include the purpose, area such pesticides are to be used, and recommendation from a licensed California Agricultural Pest Control Advisor. CONSULTANT shall not proceed without CITY’s written authorization.
b. CONSULTANT shall submit a monthly report including a statement of all applications of pesticides detailing the chemical used, pre-dilution quantity in pounds or ounces, rate of application, area in which used (geographical boundaries and acreage), and the purpose of the application. c. If additional pesticides other than those on the CITY approved list are deemed necessary by CONSULTANT, CONSULTANT shall submit the proposed pesticide to CITY for review and approval prior to obtaining or applying.

Submittal shall include the exact brand name and generic foundation.

4. CONSULTANT shall maintain and clean their equipment as needed to prevent spread of disease, insects, or invasive plants from one area to another.

5. CONSULTANT shall control insects, snails, and diseases as necessary, using lawful materials and methods.

Exhibit D – Page 8 of 14
ITEM 7.4
Weed Control

1. CONSULTANT shall undertake complete weed removal on a regular and scheduled basis, at least once every two weeks, using manual or mechanical methods. If manual removal is impractical, CONSULTANT must notify the CITY and submit alternative methods along with associated costs for approval. The establishment of Bermuda grass and other noxious weeds is strictly prohibited. CONSULTANT must be prepared for potential periods of accelerated growth following rainfall or during seasonal changes and should adjust the weeding frequency accordingly to accommodate such growth within their proposal.

2. CONSULTANT shall use manual/mechanical methods to remove weeds whenever possible.

3. CONSULTANT shall take care so as to not damage existing plant material during weed removal.

4. CONSULTANT shall remove unwanted seeding plants or grasses such as Pennisetum species, Nassella (Stipa) tenuissima, Washingtonia, or other, and shall be accomplished in a manner that minimizes dispersal of seeds, which may include bagging and removal of seed heads prior to disturbing plant and/or treating with herbicides.

5. CONSULTANT shall remove plants that spread through roots, rhizomes, or stems shall be done with care to dispose of plant pieces properly and avoid spreading them into other areas.

6. CONSULTANT shall control broadleaf weeds as needed to prevent re-seeding of weeds into adjacent areas.

Disease and Pest Control

1. CONSULTANT shall regularly inspect all landscape areas for presence of disease, insect, or rodent infestation, and maintain as necessary.

2. Approved control measures shall be continued until the disease or insect is controlled to the satisfaction of CITY. CONSULTANT shall utilize all safeguards necessary during disease or insect control operations to ensure safety of the public and the employees of CONSULTANT.

3. CONSULTANT acknowledges the known presence of gophers within landscape areas along Moulton Parkway south of Via Campo Verde to the southerly City limit, and separately in the area around Santa Maria Avenue between Moulton Parkway and Via Vista.

Exhibit D – Page 9 of 14
ITEM 7.4
Debris Control

1. CONSULTANT shall conduct daily inspections and keep all areas free of loose debris including, but not limited to, trash, bottles, glass, cans, paper, cardboard, metal, weeds, grass clippings, pruning debris, leaf litter, flower litter, and animal waste. Broken glass and other debris that could potentially pose a hazard to people, vehicles, or animals shall be removed immediately.

2. CONSULTANT shall clean its work areas immediately following the completion of work and at no time shall maintain work areas in a manner that could potentially pose a hazard to people, vehicles, or animals. CONSULTANT shall not store or leave any accumulated clippings, trimmings, bags, or piles in any area after the completion of each day’s work.

Blowers

1. CONSULTANT shall not use blowers of any kind, in any area, except as follows:
a. “A Place for Paws” Dog Park parking lot – electric-powered blowers may be used b. City Hall parking lot, driveways, and patio – electric-powered blowers may be used
Washing of Hardscape Prohibited

1. CONSULTANT shall not wash down any sidewalks, walkways, pavers, parking lots, or other hardscape areas with water.
“A Place for Paws” Dog Park
“A Place for Paws” Dog Park requires a higher level of maintenance than other areas. In addition to the other requirements of this AGREEMENT, CONSULTANT shall provide the following services for “A Place for Paws” Dog Park:

1. CONSULTANT shall perform the following daily maintenance tasks, Monday through Friday, between the hours of 7 a.m. and 8 a.m.:
a. Picking up and disposing of dog waste.
b. Refilling dog waste bag dispensers.
c. Emptying waste and recycling receptacles, and replace bags. d. Wiping down/surface cleaning waste and recycling receptacle covers. e. Wiping down/surface cleaning tables, benches, and wire gates, handles, and locks.

2. All other non-daily maintenance, unless otherwise authorized in advance and in writing by CITY, shall be performed on Tuesdays, between the hours of 7 a.m. and 1 p.m., or at such other times as “A Place for Paws” Dog Park is closed to the public, as may change from time-to-time at CITY’s discretion.

Exhibit D – Page 10 of 14
ITEM 7.4

3. Artificial Turf:

CITY retains separate services for professional grooming of artificial turf, and for applying deodorizer and infill. CONSULTANT shall supplement those services with the daily maintenance described in this section. CONSULTANT shall educate itself on the CITY’s artificial turf products and provide its services in a manner that does not void CITY’s warranties for artificial turf products, which may include, but is not limited to, the required use of proprietary equipment or supplies.
a. CONSULTANT shall remove dog waste.
b. CONSULTANT shall remove loose debris (such as garbage or leaf litter) using only plastic rakes or bristle brooms.
c. CONSULTANT shall ensure that all related improvements such as drainage related to the artificial turf are maintained in good working order. d. CONSULTANT shall spot clean areas of the artificial turf as necessary to keep clean. Use of water for spot cleaning shall be limited to the maximum extent practicable as over-watering the artificial turf can create odors.

4. CONSULTANT shall pick up dog waste and refill dog bag dispensers.

5. CONSULTANT shall wipe down and/or surface clean, tables, benches, and gates (including wire mesh, handles, and locks).

6. CONTRACTOR shall spot clean concrete, decomposed granite, mulch, or other areas as necessary to keep clean and free of debris and waste and to minimize odor.

7. CONSULTANT shall not use blowers of any kind to maintain “A Place for Paws” Dog Park, with the exception of the parking lot for which CONSULTANT may use electricpowered blowers only when pedestrians are not present.

8. CONTRACTOR shall empty trash cans and wipe the tops down.

City Hall
In addition to the other requirements of this AGREEMENT, CONSULTANT shall provide the following services for City Hall:

1. CONSULTANT shall not use blowers of any kind to maintain City Hall, with the exception of the parking lot, driveways, and patio for which CONSULTANT may use electric-powered blowers only between the hours of 7 a.m. and 8 a.m. when pedestrians are not present. The use of gas-powered blowers is prohibited.

2. CONSULTANT shall perform the following daily maintenance tasks, Monday through Friday, between the hours of 7 a.m. and 8 a.m.:

Exhibit Exhibit Exhibit Exhibit DD –– Page Page 119 of of 11134 ITEM 7.4
e. Emptying waste and recycling receptacles, and replace bags. f. Wiping down/surface cleaning waste and recycling receptacle covers. g. Wiping down/surface cleaning benches and bollards.
h. Removing cobwebs from the exterior of the building including, but not limited to, from window frames, dog waiting areas, and under-eave areas. i. Manually watering the potted plants on the patio, as necessary.

3. CONSULTANT shall spot clean concrete, mulch, and other areas as necessary to keep clean and free of debris and waste and to minimize odor.

Backflow Testing

1. CONSULTANT shall perform backflow testing in a manner, frequency, and with duly certified personnel compliant with applicable federal, state, and local law and regulations and the El Toro Water District’s (ETWD) testing, maintenance, and repair requirements.

CONSULTANT shall coordinate with ETWD directly and provide CITY with all associated testing records within 10 working days of completion or receipt.

Waste and Recycling

1. CONSULTANT shall promptly remove and dispose of all waste resulting from its work in a manner that is compliant with applicable federal, state, and local law and regulations and CITY’s Solid Waste Handling Services Franchise Agreement.

2. CONSULTANT shall submit an annual waste and recycling plan for achieving the waste and recycling requirements set forth in this AGREEMENT for review and consideration of approval by CITY. CONSULTANT shall submit the initial annual waste and recycling plan for the 2025 calendar year within 30 working days of the effective date of this AGREEMENT and for all subsequent calendar years no later than each November 1.

3. CONSULTANT shall not permit any employee, subcontractor, or member of the public to collect, salvage, or personally remove any waste resulting from its work.

4. CONSULTANT shall not place any waste resulting from its work in CITY’s “on-site” containers including, but not limited to, park and sidewalk waste receptacles.

5. CONSULTANT shall submit monthly waste and recycling reports to CITY identifying the type and amount of waste resulting from its work, as well as the location and manner of its disposal, and such supporting documentation as CITY may require. CONSULTANT shall submit the monthly waste and recycling report no later than the 30th calendar day following the end of each month for the month prior and as a pre-requisite for receiving any compensation for routine services for the same month prior.

Exhibit D – Page 12 of 14
ITEM 7.4
Temporary Signs and Memorial Displays
CONSULTANT shall not remove or relocate any temporary sign or memorial display that has been placed in an area for which CONSULTANT provides maintenance services without prior written authorization of CITY, unless such temporary sign or memorial display appears to be a safety hazard in which case CONSULTANT shall photograph and then immediately remove and transport the temporary sign and/or memorial display to City Hall. In such cases, CONSULTANT shall provide a written statement to CITY within 24 hours of removal explaining the perceived safety hazard that resulted in CONSULTANT’s immediate action.

Unattended Personal Property
For the purposes of this section, references to “personal property” mean any tangible property including, but not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, carts, hammocks, household items, luggage, backpacks, clothing, documents, and legal over-the-counter or prescription medication. Illegal items and items reasonably determined to be trash refuse, waste, litter, junk, debris, detritus, or rubbish do not constitute “personal property.” CONSULTANT shall not remove or relocate any unattended personal property from any area for which CONSULTANT provides maintenance services without prior written authorization of CITY. When identified, CONSULTANT shall provide immediate written notice to CITY of the type and location of such unattended personal property and await further instruction.

CONSULTANT shall immediately report any unattended firearms or illegal items including, but not limited to, drug paraphernalia, to the Orange County Sheriff’s Department. Within 24 hours of reporting any such items to the Orange County Sheriff’s Department, CONSULTANT shall provide written notification of the same to CITY.

Extra Work

1. All pesticide application shall be considered extra work. All pest management work with the exception of pesticide application shall be considered routine work.

2. All mulch applications shall be considered extra work.

3. CITY may request CONSULTANT provide new plants, replacement of existing plants, or renovation of landscape areas, all of which shall be considered extra work, with the exception of plant replacement required as a result of the actions or negligence of CONSULTANT, which shall be completed by CONSULTANT at no cost to CITY within 10 working days after receiving such notice from CITY.

4. For work not included in this AGREEMENT, a proposal with a written description of the work (including location) shall be provided to CITY by CONSULTANT for review and consideration of approval prior to the commencement of said work. CITY retains the discretion to disapprove extra work at any time before commencement. For approved Exhibit Exhibit D – Page 123 of 134
ITEM 7.4
extra work, CONSULTANT shall provide CITY with written confirmation of completion thereof (including photographs when applicable) within five working days of completion and as a pre-requisite for receiving any compensation for the same approved extra work.

5. CONSULTANT shall provide a 12-month unconditional warranty for all extra work. The warranty shall cover both workmanship and materials.

Exhibit D – Page 14 of 14
ITEM 7.4
EXHIBIT "E"

WEED CONTROL PROVISIONS

AND INTEGRATED PEST MANAGEMENT POLICY
For the purposes of this exhibit:

References to “pest” mean nuisance organisms; organisms that damage or interfere with desirable plants such as ornamental landscapes or wildlands; organisms that damage structures; organisms that impact human or animal health or life by transmitting disease; and, organisms that harm water quality or other parts of the ecosystem. Pests may include, but are not limited to, plants (weeds), vertebrates (birds, rodents, and other mammals), invertebrates (insects, ticks, mites, and snails), nematodes, and pathogens (bacteria, viruses, and fungi).

References to “pesticide” are inclusive of pesticides, herbicides, rodenticides, and fungicides.

References to “integrated pest management” mean CITY’s ecosystem-based strategy that focuses on a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties to prevent pest damage, whereby pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism.

Purpose

1. CONSULTANT’s work shall reflect integrated pest management principles.

2. CONSULTANT’s work shall minimize the use of pesticides and focus on the long-term prevention and suppression of pests with minimal impact on human health, animal health, the environment, and non-target organisms.

Prevention Measures
CONSULTANT shall take actions necessary to prevent the presence and proliferation of pests to the maximum extent practical including, but not limited to:

1. Maintaining and cleaning CONSULTANT’s equipment as necessary to prevent spread or transfer of pests from one area to another.

2. Regularly inspecting for pests and conditions that could potentially attract pests; and, taking immediate action as necessary to control and eliminate the same.

3. Removing sources of food or water for pests.

4. Removing shelters or areas that invite nesting for pests.

Exhibit E – Page 1 of 5
ITEM 7.4

5. Adjusting irrigation and fertilizer as necessary for optimum plant health.

Weed Control

7. CONSULTANT shall manually or mechanically remove weeds completely, on a regular basis and more frequently during periods of increased growth (e.g., after rain or during seasonable weather).

8. CONSULTANT shall remove unwanted seeding plants and grasses including, but not limited to, Pennisetum species and Nassella (Stipa) tenuissima. CONSULTANT shall do so in a manner that minimizes the dispersal of seeds, which may require, but not be limited to, bagging and removing seed heads prior to disturbing plants and/or treating with herbicides, as well as spreading through roots, rhizomes, or stems.

9. CONSULTANT shall control broadleaf weeds as necessary to prevent the re-seeding of weeds into adjacent areas.

10. CONSULTANT shall not allow Cynodon dactylon (bermudagrass) or any other noxious weeds to become established.

Non-Chemical Control Measures
Prior to requesting CITY’s authorization to use any chemical control measure, CONSULTANT shall consider and employ the following non-chemical control measures to the maximum extent practical. Non-chemical control measures are prioritized from first to last.

1. Cultural controls, which are modifications of maintenance activities that reduce pest establishment, reproduction, dispersal, or survival (e.g., adjusting the frequency and amount of irrigation, fertilizer, and mowing height).

2. Physical and mechanical controls, which can control pests directly, block pests, or make the environment unsuitable for pests (e.g., manually or mechanically removing weeds, mulching for weed control, and steam sterilizing soil for disease management).

3. Biological control practices, which use organisms referred to as “beneficials,” “natural enemies,” or “bio-controls” to reduce pest populations (e.g., ladybugs). Such organisms may include, but are not limited to, pathogens, parasites, predators, competitive species, and antagonistic organisms, which occur naturally or are purchased and released.

Chemical Control Measures
CONSULTANT shall only use chemical control measures when non-chemical control methods fail to provide adequate control of pests, subject to prior written authorization of CITY.

Exhibit Exhibit Exhibit E – Page 12 of 5
ITEM 7.4
Pesticide Prioritization
Prior to requesting CITY’s authorization to use any chemical control measure, CONSULTANT shall select its proposed pesticide(s) using the following prioritization, from first to last:

1. Pesticides that meet the criteria defined in the federal Department of Agriculture’s National Organic Program Rule.

2. Federal Environmental Protection Agency (EPA) Level III “caution” label pesticides.

3. EPA Level II “warning” label pesticides, only when deemed necessary for the protection of public health, safety, or welfare or public property.

4. EPA Level I “danger” label pesticides, only when deemed necessary for the protection of public health, safety, or welfare or public property.

Pesticide Prohibitions
CONSULTANT shall not use the following pesticides at any time:

1. Glyphosate, or products containing glyphosate.

2. Neonicotinoids, or products containing neonicotinoids.

3. Second-generation anticoagulant rodenticides.

CONSULTANT SHALL NOT USE ANY PESTICIDE INSIDE OF, OR WITHIN 50 FEET OF, FENCES AND WALLS ENCLOSING “A PLACE FOR PAWS” DOG PARK OR ITS PARKING LOT. CONSULTANT ACKNOWLEDGES THAT ITS PEST MANAGEMENT

WORK MAY BE ELEVATED IN THOSE AREAS DUE TO THIS PROVISION AND THAT SUCH WORK SHALL NEVERTHELESS BE CONSIDERED ROUTINE MAINTENANCE.

Pesticide Application
Licensure and Personnel Requirements
The following provisions also appear in Exhibit "A" (Scope of Services) and are included in this exhibit only for ease of reference:

1. CONSULTANT shall hold and maintain a valid State of California Department of Pesticide Regulation Pest Control Business License at all times during the term of this AGREEMENT. As an alternative, CONSULTANT may subcontract with a duly licensed firm for services for which applicable law or this AGREEMENT requires a Pest Control Business License.

Exhibit E – Page 3 of 5
ITEM 7.4
a. All persons who apply pesticides (and, all persons when required by law) shall hold and maintain a valid State of California Department of Pesticide Regulation Qualified Applicator License (QAL) at all times while providing such services.

2. At least one person working for CONSULTANT shall hold a valid State of California Department of Pesticide Regulation Agricultural Pest Control Adviser License at all times during the term of this AGREEMENT. As an alternative, CONSULTANT may subcontract with a duly licensed person for services for which applicable law or this AGREEMENT requires an Agricultural Pest Control Advisor License.

Prior Authorization Required

1. CONSULTANT shall submit the following written information to CITY when requesting CITY’s authorization to use any chemical control measure:
a. A recommendation prepared, signed, and dated by a person holding a valid State of California Department of Pesticide Regulation Agricultural Pest Control Adviser License, including the following:
[1] The location of the application(s);
[2] The purpose of the application(s);
[3] The commercial name of the pesticide(s);
[4] The concentration(s) that the pesticide(s) would be applied at; [5] The application rate(s) that the pesticide(s) would be applied at; [6] The required re-entry interval(s) between the application of the pesticide(s) and the resumption of entry and use; and
[7] An explicit statement that the pesticide(s) do not contain glyphosate or neonicotinoids, and is not a second-generation anticoagulant rodenticide. b. A copy of the material safety data sheet(s) for each pesticide proposed for use. c. A copy of the specimen label(s) for each pesticide proposed for use. d. A proposed schedule for each proposed pesticide use. For schedules proposed to occur with less than five working days’ notice, CONSULTANT shall identify the time-sensitive conditions it believes warrants such limited notice. e. The total cost for each proposed pesticide use, including labor and materials, consistent with the compensation schedule in Exhibit "B" (Compensation).

2. CITY shall authorize, authorize with conditions, or deny CONSULTANT’s requests to use chemical control measures within five working days of receipt. CONSULTANT shall account for such review periods in the timing of its request submissions to CITY.

Application Practices

1. CONSULTANT shall perform its pesticide application work in a manner that is compliant with applicable federal, state, and local law and regulations including, but not limited to, CITY’s National Pollutant Discharge Elimination System (NPDES) requirements.

Exhibit E – Page 4 of 5
ITEM 7.4

2. CONSULTANT shall apply pesticides strictly according to the manufacturer’s directions for use for each and in a manner that avoids contamination of non-target areas.

3. CONSULTANT shall not apply pesticides within the root zone of any tree without prior written authorization from CITY.

4. CONSULTANT shall post signs at locations where pesticides are applied. Signs shall be posted in a visible location at least 48 hours prior to spraying applications (unless CITY has authorized emergency spraying to occur with less than 48 hours prior notice) and for 72 hours after spraying applications. Signs shall include CONSULTANT’s contact information, the commercial name of the pesticide(s), and the application date(s). Signs shall be placed in plastic page protectors and securely attached to a four-foot-tall, flat top wooden stake. Signs shall be readable from a sufficient distance to prevent unintentional entry into the location.

5. In addition to placing signs, CONSULTANT shall take precautionary measures necessary to keep the general public from entering locations where pesticides are applied (e.g., erecting temporary fences along the perimeter of locations where broadcast pesticides are applied).

Pesticide Records and Reporting

1. CONSULTANT shall prepare, maintain, and submit all records and reports to appropriate agencies as required by applicable federal, state, and local laws and regulations including, but not limited to, requirements established by the California Department of Pesticide Regulation and the Orange County Agricultural Commissioner.

2. CONSULTANT shall submit monthly pesticide application reports to CITY identifying:
[1] The date(s) of each application;
[2] The location of each application;
[3] The commercial name of the pesticide(s) used for each application; [4] The actual amount (in pounds) of each pesticide used for each application*; [5] The total area (in acres) to which each pesticide was used for each application; [6] The written recommendation submitted to CITY prior to each application; and [7] Such supporting documentation as CITY may require.
* (not the pre-dilution quantity)
CONSULTANT shall submit the monthly pesticide application reports no later than the 30th calendar day following the end of each month for the month prior and as a prerequisite for receiving any compensation for routine services for the same month prior. If no pesticides were used, CONSULTANT shall submit a signed statement to that effect.

Emergencies
CITY, at its discretion, may waive any provision of this exhibit, when deemed necessary for the immediate protection of public health, safety, or welfare or public property, or to provide for the time-sensitive maintenance of any tree or landscape area.

Exhibit E – Page 5 of 5
ITEM 7.4
EXHIBIT "F"

CITY-MAINTAINED LANDSCAPE AREAS

THE MAP INCLUDED IN THIS EXHIBIT IS INTENDED TO PROVIDE A VISUAL DISPLAY OF GENERAL INFORMATION DATA FOR CONVENIENCE. WHILE EVERY

REASONABLE EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE

MAPS AND ASSOCIATED DATA, CITY MAKES NO EXPRESS OR IMPLIED

WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE MAP. CONSULTANT SHALL PROVIDE LANDSCAPE MAINTENANCE SERVICES

FOR ALL CITY-OWNED OR MAINTAINED PROPERTIES, REGARDLESS OF WHETHER EACH AREA IS SPECIFICALLY OR ACCURATELY IDENTIFED ON THE MAP.

Exhibit F – Page 1 of 1
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7.5 DEED OF EASEMENT
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

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ITEM 7.5
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ITEM 7.5
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ITEM 7.5

7.6 CITY HALL SAFETY AND REFURBISHMENT
PROJECT: PHASE 4
(NO REPORT)
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

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8.1 LAGUNA WOODS GENERAL PLAN AND

ZONING CODE UPDATE, STATE
CLEARINGHOUSE NUMBER 2022080022
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ITEM 8.1
CC  08-21-2024 RM ITEM 8.1 – AR Page 1 of 6
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: August 21, 2024 Regular Meeting
SUBJECT: Laguna Woods General Plan and Zoning Code Update, State Clearinghouse Number 2022080022
Recommendation

1. Receive staff report.

AND

2. Open public hearing.

AND

3. Receive public testimony.

AND

4. Close public hearing.

AND

5. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, MAKING FINDINGS RELATED TO AND

CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT

REPORT (INCLUDING ADOPTION OF A STATEMENT OF
ITEM 8.1
ITEM 8.1 – AR Page 2 of 6 CC  08-21-2024 RM

OVERRIDING CONSIDERATIONS PER CALIFORNIA CODE OF
REGULATIONS, TITLE 14, SECTION 15093, AND ADOPTION OF A

MITIGATION MONITORING AND REPORTING PROGRAM PER
CALIFORNIA CODE OF REGULATIONS, TITLE 14, SECTION 15091)

FOR THE LAGUNA WOODS GENERAL PLAN AND ZONING CODE
UPDATE, STATE CLEARINGHOUSE NUMBER 2022080022
(Attachment A)
AND

6. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ADOPTING AMENDMENTS TO THE

GENERAL PLAN CIRCULATION, LAND USE, AND NOISE

ELEMENTS, AND DETERMINING AND CERTIFYING THAT SUCH

ACTIONS ARE CONSISTENT WITH THE PROGRAM

ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE

LAGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE,
STATE CLEARINGHOUSE NUMBER 2022080022
(Attachment B)
AND

7. 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 SECTION 13.04.020
OF CHAPTER 13.04 (ESTABLISHMENT OF ZONING DISTRICTS) OF TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE
AND ADDING SECTION 13.08.050 TO CHAPTER 13.08
(RESIDENTIAL DISTRICTS) OF TITLE 13 (ZONING) OF THE

LAGUNA WOODS MUNICIPAL CODE PERTAINING TO THE

ESTABLISHMENT OF NEW RESIDENTIAL OVERLAY ZONING

DISTRICTS, AND DETERMINING AND CERTIFYING THAT SUCH

ACTIONS ARE CONSISTENT WITH THE PROGRAM

ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE

LAGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE,
ITEM 8.1
CC  08-21-2024 RM ITEM 8.1 – AR Page 3 of 6
STATE CLEARINGHOUSE NUMBER 2022080022
(Attachment C)
Background
The General Plan Housing Element includes the following program:

Program H-1.1.1. Rezone the 17 potential housing sites identified in the Housing Sites Inventory and Analysis (Exhibit C) to accommodate the City’s housing needs allocation (Table H-1).

Note: The rezoning process will include the creation of four new overlay zoning districts and the adoption of minimum density and development standards for each. Specific commitments in the rezoning process include, but are not limited to, (1) complying with applicable provisions of California Government Code Section 65583.2 (h), (i), et al., including accommodating at least 50% of the lower-income housing needs allocation on sites designated for residential use only (for non-mixed use projects) and by requiring residential use to occupy 50% of the total floor area of mixed-use projects, (2) permitting housing projects by right, as required by state law, (3) permitting owner-occupied and rental multifamily uses by right for housing projects in which 20% or more of the housing units are affordable for lower-income households, (4) establishing densities for potential housing sites as specified in Table N in Exhibit C, and (5) allowing the development of housing projects as standalone uses on each potential housing site.

The California Department of Housing and Community Development has indicated that the General Plan Housing Element will be found to be in compliance with state housing law after Program H-1.1.1 is completed.

Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on various actions related to adopting the Laguna Woods General Plan and Zoning Code Update. Staff recommends that the City Council conduct a public hearing and take the recommended actions in order to complete General Plan Housing Element Program H-1.1.1 and do the following:
• Create the following four new overlay zoning districts that allow housing ITEM 8.1
ITEM 8.1 – AR Page 4 of 6 CC  08-21-2024 RM
development:
o Residential High Density Overlay (would allow 30 to 50 dwelling units per acre [“du/ac”])
o Residential Medium Density Overlay (would allow 20 to 30 du/ac) o Residential Medium-Low Density Overlay (would allow 15 to 20 du/ac)
o Residential Low Density Overlay (would allow 8 to 10 du/ac) (Note: These are the same new overlay zoning district densities identified in the General Plan Housing Element.)
Creation of the new overlay zoning districts also includes the creation of development standards for each.
• Rezone 17 properties (a total of 18 parcels) to allow housing development in addition to the uses already allowed under the existing zoning on those properties. This action would accommodate the City’s 6th Cycle Regional Housing Needs Assessment (“RHNA”) allocation. One of the four new overlay zoning districts would be applied to each parcel; no change in General Plan land use designation is proposed. These sites are referred to as the Potential Housing Sites in the Program Environmental Impact Report (“PEIR”). Please refer to Table 3.A (Site Descriptions) beginning on page 3- 7 of the Draft PEIR (Exhibit C to Attachment A) for summary information on the 17 properties.
(Note: These are the same 17 properties identified as potential housing sites in the General Plan Housing Element.)
• Update the General Plan Land Use Element to change the land use designations of 12 properties (a total of 14 parcels), and undertake a corresponding rezone of the 12 properties, to better represent their existing uses. These locations are referred to in the PEIR as the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses.

Please refer to Table 3.A (Site Descriptions) beginning on page 3-7 of the Draft PEIR (Exhibit C to Attachment A) for summary information on the 12 properties.
• Update the General Plan Circulation Element, Land Use Element, and Noise ITEM 8.1
CC  08-21-2024 RM ITEM 8.1 – AR Page 5 of 6
Element to ensure internal consistency with the General Plan Housing Element, update background and existing condition information, update the identification of priority issues, update goals and policy objectives, and make other changes intended to modernize the documents while also promoting clarity and ease of use. Change the name of the Circulation Element to “Mobility Element.”
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 September 18, 2024. The General Plan updates and all other actions would take effect immediately.

Environmental Review
The City Council is asked to certify the PEIR for the Laguna Woods General Plan and Zoning Code Update (including adoption of a Statement of Overriding Considerations per California Code of Regulations Title 14, Section 15093, and adoption of a mitigation monitoring and reporting program per California Code of Regulations, Title 14, Section 15091). The PEIR examines potential environmental impacts generated by the Laguna Woods General Plan and Zoning Code Update in relation to the following Environmental Analysis Checklist categories: Aesthetics, Air Quality, Energy, Greenhouse Gas Emissions, Land Use and Planning, Noise, Population and Housing, Public Services, Recreation, Transportation and Traffic, and Utilities and Service Systems. Based on findings presented in Chapter 2 of the PEIR, environmental impacts related to the following topics would not be significant or potentially significant: Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Mineral Resources, Tribal Cultural Resources, and Wildfire, and are therefore not analyzed further in the PEIR. Impacts related to Greenhouse Gas Emissions are significant and unavoidable even with implementation of mitigation. All other impacts are less than significant. The PEIR also identifies appropriate and feasible mitigation measures, if necessary, for each potential environmental impact.

Fiscal Impact
Sufficient funds to support this project are included in the City’s budget.

ITEM 8.1
ITEM 8.1 – AR Page 6 of 6 CC  08-21-2024 RM
Documents Available for Review
Related documents – including the PEIR, proposed amendments to the General Plan Circulation Element, proposed amendments to the General Plan Land Use Element, proposed amendments to the General Plan Noise Element, and proposed amendments to the Zoning Code – are available for public review at or from City Hall during normal working hours. The aforementioned documents are also available for review at www.cityoflagunawoods.org/projects.

Attachments: A – Proposed Resolution
Exhibit A – CEQA Findings of Fact and the Statement of Overriding Considerations pursuant to CEQA
Exhibit B – Final PEIR – Response to Comments, Errata, and Mitigation Monitoring and Reporting Program
Exhibit C – Draft PEIR
B – Proposed Resolution
Exhibit A – Proposed General Plan Mobility Element
Exhibit B – Proposed General Plan Land Use Element
Exhibit C – Proposed General Plan Noise Element
C – Proposed Ordinance
Exhibit A – Proposed Code Amendments
ITEM 8.1
Attachment A
Proposed Resolution
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ITEM 8.1 – 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, MAKING FINDINGS RELATED TO AND

CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT

REPORT (INCLUDING ADOPTION OF A STATEMENT OF

OVERRIDING CONSIDERATIONS PER CALIFORNIA CODE OF
REGULATIONS, TITLE 14, SECTION 15093, AND ADOPTION OF A

MITIGATION MONITORING AND REPORTING PROGRAM PER
CALIFORNIA CODE OF REGULATIONS, TITLE 14, SECTION 15091)

FOR THE LAGUNA WOODS GENERAL PLAN AND ZONING CODE
UPDATE, STATE CLEARINGHOUSE NUMBER 2022080022
WHEREAS, the Laguna Woods General Plan and Zoning Code Update, State Clearinghouse Number 2022080022, includes (a) proposed amendments to the General Plan Circulation Element, General Plan Land Use Element, and General Plan Noise Element, and (b) proposed amendments to Section 13.04.020 of Chapter 13.04 (Establishment of Zoning Districts) of Title 13 (Zoning) of the Laguna Woods Municipal Code and the proposed addition of Section 13.08.050 to Chapter 13.08 (Residential Districts) of Title 13 (Zoning) of the Laguna Woods Municipal Code pertaining to the establishment of new residential overlay zoning districts (“Project”); and
WHEREAS, a Final Program Environmental Impact Report has been prepared for the Laguna Woods General Plan and Zoning Code Update, State Clearinghouse Number 2022080022, including adoption of a statement of overriding considerations per California Code of Regulations, Title 14, Section 15093, and adoption of a mitigation monitoring and reporting program per California Code of Regulations, Title 14, Section 15091 (“Final PEIR”); and WHEREAS, on August 21, 2024, the City Council held a duly noticed public hearing on this Resolution at which the members of the City Council, utilizing their independent judgement, reviewed and considered all of the information, evidence, and testimony presented, both written and oral.

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

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

SECTION 1. The above recitals are true and correct.

ITEM 8.1 – Attachment A
R 24-XX 2 XX-XX-2024
SECTION 2. Recirculation Not Required. The City has not received any significant new information, as defined by State CEQA Guidelines Section 15088.5, after public notice was given of the availability of the Draft Program Environmental Impact Report for the Project for public review under State CEQA Guidelines Section 15087 (May 9, 2024), that would require recirculation of the Environmental Impact Report prior to certification by the City Council. Evidence supporting this determination that recirculation is not required is further provided in the CEQA Findings of Fact attached hereto as Exhibit A.

SECTION 3. Findings of Fact and Statement of Overriding Considerations.

In accordance with State California Environmental Quality Act (“CEQA”) Guidelines sections 15091, 15092, and 15093, the CEQA Findings of Fact and the Statement of Overriding Considerations pursuant to CEQA, are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein.

SECTION 4. Significant and Unavoidable Impacts. The Project would have significant and unavoidable impacts related to greenhouse gas emissions.

SECTION 5. Final PEIR. In accordance with State CEQA Guidelines Section 15090, the following findings are made:

A. The Final PEIR has been completed in compliance with CEQA; B. The Final PEIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final PEIR prior to approving the Project; and
C. The Final PEIR reflects the City’s independent judgment and analysis.

The Final PEIR, consisting of the following documents, is hereby certified and adopted:

1. CEQA Findings of Fact and the Statement of Overriding Considerations pursuant to CEQA, attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein;

2. The Final Program Environmental Impact Report – Response to Comments, Errata, and Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B and incorporated herein by this reference as if fully set forth herein; and
ITEM 8.1 – Attachment A
R 24-XX 3 XX-XX-2024

3. The Draft Program Environmental Impact Report, attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth herein.

SECTION 6. Notice of Determination. The City Council directs the City Manager to take the actions required by the City’s Local CEQA Guidelines regarding the posting and filing of a Notice of Determination for this Project.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Resolution.

The City Council hereby declares that the City Council would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.

SECTION 8. 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 8.1 – Attachment A
R 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 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
ITEM 8.1
Exhibit A to Attachment A
CEQA Findings of Fact and the Statement of Overriding Considerations pursuant to CEQA
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F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 1

1.0 INTRODUCTION

1.1 FINDINGS OF FACT
The California Environmental Quality Act (CEQA) requires that the environmental impacts of a project be examined and disclosed prior to approval of a project. Pursuant to State CEQA Guidelines Section 15091(a), no public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written Findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible Findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR (referred to in these Findings as “Finding 1”).
2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency (referred to in these Findings as “Finding 2”).
3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR (referred to in these Findings as “Finding 3”).

Having received, reviewed, and considered the Laguna Woods General Plan and Zoning Code Update (herein referred to as the “Project” or “proposed Project”), State Clearinghouse (SCH) #2022080022, as well as all other information in the record of proceedings on this matter, the following Findings Regarding the CEQA Documents for the project are hereby adopted by the City of Laguna Woods (City).

1.2 DOCUMENT FORMAT
These Findings have been categorized into the following sections:
1) Section 1.0 provides an introduction to these Findings. 2) Section 2.0 provides a summary of the project, an overview of other discretionary actions required for the project, and a statement of Project objectives. 3) Section 3.0 provides a summary of those activities that have preceded the consideration of the Findings for the Project as part of the environmental review process, and a summary of public participation in the environmental review for the Project. 4) Section 4.0 sets forth Findings regarding those potentially significant environmental impacts identified in the CEQA Documents which the City has determined to be less than significant with the implementation of Project design features.

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 2
5) Section 5.0 sets forth Findings regarding those significant or potentially significant environmental impacts identified in the CEQA Documents which the City has determined can feasibly be mitigated to a less than significant level through the imposition of mitigation measures included in the Mitigation, Monitoring and Reporting Program (MMRP) for the Project.
6) Section 6.0 sets forth Findings for significant and unavoidable Project impacts. 7) Section 7.0 sets forth Findings regarding growth-inducing impacts. 8) Section 8.0 sets forth Findings regarding alternatives to the Project. 9) Section 9.0 contains Findings regarding the MMRP for the Project. 10) Section 10.0 contains other relevant Findings adopted by the City with respect to the Project. 11) Section 11.0 contains the Statement of Overriding Considerations for the Project.

The Findings set forth in each section herein are supported by Findings and facts identified in the administrative record of the Project.

1.3 CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City’s actions regarding the proposed Project are located at Laguna Woods City Hall, City Clerk’s Office, located at 24264 El Toro Road, Laguna Woods, California 92637. The City is the custodian of the administrative record for the Project.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 3

2.0 PROJECT SUMMARY

2.1 PROJECT DESCRIPTION AND LOCATION
The proposed Project is programmatic in nature and proposes to accomplish the following:
• Create the following four new overlay zoning districts that allow housing development:
○ Residential High Density Overlay (would allow 30 to 50 dwelling units per acre [du/ac]) ○ Residential Medium Density Overlay (would allow 20 to 30 du/ac) ○ Residential Medium-Low Density Overlay (would allow 15 to 20 du/ac) ○ Residential Low Density Overlay (would allow 8 to 10 du/ac) Creation of the new overlay zoning districts also includes the creation of development standards for each.
• Rezone 17 properties (a total of 18 parcels) to allow housing development in addition to the uses already allowed under the existing zoning on those properties. This action would accommodate the City's 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. The City plans to apply one of the four new overlay zoning districts to each parcel; no change in General Plan land use designation is proposed. These sites are referred to as the Potential Housing Sites in the Program Environmental Impact Report (PEIR). • Update the General Plan Land Use Element to change the land use designations of 12 properties (a total of 14 parcels), and undertake a corresponding rezone of the 12 properties, to better represent their existing uses. These locations are referred to in the PEIR as the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses. • Update the City's General Plan Circulation Element, Land Use Element, and Noise Element to ensure internal consistency with the City's General Plan Housing Element, update background and existing condition information, update the identification of priority issues, update goals and policy objectives, and make other changes intended to modernize the documents while also promoting clarity and ease of use. Change the name of the Circulation Element to "Mobility Element."
Following approval of the proposed Project, the future physical improvements associated with the proposed programmatic changes would be subject to further review on a project-specific basis. In other words, each future discretionary project would be subject to a project-level CEQA review at the time it is proposed for consideration by the City. Therefore, the impact analysis contained in the Draft PEIR possessed potential environmental implications associated with the proposed General Plan Element and Zoning Code updates at a programmatic level, not for a project-specific development or for any specific proposal.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 4

2.2 DISCRETIONARY ACTIONS
The City is the Lead Agency under CEQA and is responsible for reviewing and certifying the adequacy of the PEIR for the proposed Project. It is expected that the City, at a minimum, would consider the data and analyses contained in this PEIR when making their permit determinations. Prior to implementation of the proposed Project, discretionary permits and approvals must be obtained from local, State and federal agencies, as listed below. • PEIR Certification: Certification of the Program Environmental Impact Report (“PEIR”); • General Plan Circulation Element Updates/Amendments: Approval of amendments to the Laguna Woods General Plan Circulation Element;
• General Plan Land Use Element Updates/Amendments: Approval of amendments to the Laguna Woods General Plan Land Use Element;
• General Plan Noise Element Updates/Amendments: Approval of amendments to the Laguna Woods General Plan Noise Element; and
• Zoning Amendments: Approval of amendments to the Laguna Woods Zoning Code.

The following objectives have been established for the Project by the City:
1) Enhanced Housing Choices. The Project is intended to accommodate a variety of housing types to meet the needs of all Laguna Woods residents, creating opportunities for attainably priced housing for all income groups.
2) Adequate Housing Supply. The Project would amend the City’s General Plan and Zoning Code to provide adequate potential housing sites with corresponding density to meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 997 housing units, inclusive of prior planning cycle carryover housing units. The Project would also include a 199-dwelling-unit buffer sufficient to accommodate the RHNA during the entire planning period given the requirements of the “no net loss” statute. The Project would accommodate the appropriate distribution of new multi-family housing throughout the City.
3) Community Character, Health, and Safety. The Project would permit well-designed in-fill development that protects and enhances the quality of life and character of established neighborhoods and promotes healthy and safe living environments. 4) Multi-modal Transportation. The Project would decrease reliance on the automobile and encourage active lifestyles through policies and in-fill development that increase the safety, convenience, and integration of multiple transportation modes. 5) Minimization of Noise Sources. The Project would minimize exposure of sensitive noise receptors to the detrimental effects of excessive noise from new development by incorporating noise considerations into land use planning decisions.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 5

3.0 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
A Notice of Preparation (NOP) was distributed for the proposed Project by the City to the State of California Clearinghouse on August 1, 2022. The State Clearinghouse (SCH) issued a number for the Project, SCH #2022080022. In accordance with State CEQA Guidelines Section 15082, the NOP was circulated to interested agencies, groups, and individuals for a period of 30 days, from August 1, 2022, to August 30, 2022, during which comments were solicited and received, pertaining to environmental issues/topics that the Draft PEIR should evaluate. These NOP responses were considered in the preparation of the Draft PEIR, which upon release, was made available to all Responsible/Trustee Agencies and interested groups and individuals, as required under State CEQA Guidelines Sections 15105 and 15087. A public scoping meeting was held on August 16, 2022, at 2:00 p.m., at Laguna Woods City Hall, City Clerk’s Office.

The State-mandated public review of the Draft PEIR began on May 9, 2024, and concluded on June 23, 2024. The Final PEIR includes a Response to Comments package, which presents all written comments received during the public review period of the Draft PEIR and includes responses to these comments and associated changes made to the PEIR in the form of an Errata.

The PEIR includes any exhibits or appendices thereto, the list of persons, organizations and public agencies which commented on the PEIR, the comments which were received by the City regarding the PEIR, and the City's written responses to comments raised in the public review and comment process, all of which are incorporated herein and made a part hereof by reference. Pursuant to State CEQA Guidelines Section 15084, the PEIR has been reviewed and analyzed by the City of Laguna Woods as the lead agency with respect to the Project and the PEIR. The following Findings for the Project and each fact in support of a finding are thus based upon substantial evidence in the record.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 6

4.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO

HAVE NO IMPACTS OR BE LESS THAN SIGNIFICANT
The City finds, based upon the analysis presented in Chapter 4.0 and Section 2.3.1 of the Draft PEIR, that the following environmental effects of the proposed Project either have no impact or are less than significant, and, therefore, no mitigation measures are required. Section 2.3.1 of the PEIR, Topics Not Addressed in This EIR, explains that the proposed Project would result in no impacts or less than significant impacts related to the following topics and provides substantial evidence to support this conclusion: Agricultural Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology, Mineral Resources, Tribal Cultural Resources, and Wildfire. The City hereby finds that existing regulatory requirements, policies, and/or Project conditions have been identified and incorporated into the Project which avoids or substantially lessens the potentially significant effect on the environment to a less than significant level.

4.1 AESTHETICS
Impact 4.1-1: No Impact
The City of Laguna Woods is mostly urban and fully developed. Scenic vistas in the City include an undeveloped 10-acre parcel in the southwestern portion of the City and approximately 178 acres of open space along the City’s western border.

The proposed Project would not, in and of itself, have a substantial adverse effect on a scenic vista, since it does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development. The adoption of overlay zoning on the Potential Housing Sites would accommodate the construction of 1,196 housing units within these sites, which were identified in the City’s Housing Element Update as suitable for potential residential development.

None of the Potential Housing Sites are adjacent to or near any of the designated scenic resources.

The proposed Project also includes minor administrative amendments to the existing General Plan land use designations and zoning at 12 additional locations in the City to make the land use designations and zoning better correlate to the existing uses on those sites (these locations are referred to as the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses in the PEIR). While two of the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are located adjacent to the two scenic vistas in the City, the proposed redesignation is to correlate the existing use to the appropriate land use designations in the General Plan and Zoning Code and would not affect the existing land uses on those sites or impact any existing aesthetic values. The proposed General Plan text changes would also not affect existing aesthetic values within the City.

Additionally, any future development projects that are implemented in accordance with the proposed zoning overlays and updated land use designations would be required to adhere to the City’s General Plan, the City’s Municipal Code, and all applicable development regulations pertaining to design, lighting, and height standards. All future development projects on the affected properties

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L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 7
would be subject to the development review process to determine the effects on any scenic vistas in the City. As such, no impacts would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not significantly affect scenic vistas. No impacts to scenic views would occur. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.1-4.

Impact 4.1-2: No Impact
There are no eligible or officially designated State Scenic Highways in the City of Laguna Woods. The nearest eligible State Scenic Highways are a portion of State Route 1 (SR-1) located approximately

5.5 miles southwest of the City, a portion of State Route 74 (SR-74) located approximately 8.1 miles southeast of the City, and a portion of Interstate 5 (I-5) located approximately 8.1 miles southeast of the City. The nearest officially designated State Scenic Highway is a portion of State Route 91 (SR-91) located approximately 17.9 miles northwest of the City. The proposed Project would not, in and of itself, have a substantial adverse effect on scenic resources since it does not involve any properties near any scenic highways and does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development. Future development projects that are implemented in accordance with the proposed zoning overlays and updated land use designations would be subject to future development review to evaluate any site-specific impacts on scenic resources.

Text changes to the General Plan Noise Element, Circulation Element, and Land Use Element would not facilitate or entitle any physical development that would result in impacts to State Scenic Highways. Further, because there are no eligible or officially designated State Scenic Highways in the City of Laguna Woods and the Project does not propose the construction of new development, the proposed Project would not damage any scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not significantly affect scenic highways and corridors. No impacts would occur related to scenic highways and corridors. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.1-5.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 8
Impact 4.1-3: Less than Significant Impact
Laguna Woods is located within the Mission Viejo—Lake Forest—San Clemente, CA Urbanized Area.

Therefore, Laguna Woods is considered an urbanized area. Any future development that is allowed under the proposed zoning overlays or General Plan land use amendments would be subject to project-specific environmental evaluations to address any conflicts with applicable zoning and other regulations governing scenic quality and would be subject to compliance with applicable development regulations.

Additionally, text changes to the Noise Element, Circulation Element, and Land Use Element would not facilitate or entitle any physical development that would result in impacts to zoning and other regulations governing scenic quality. Thus, the proposed Project would not conflict with applicable zoning and other regulations governing scenic quality.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.1-5 through 4.1-6.

Impact 4.1-4: No Impact
The proposed Project does not propose any direct changes to land use nor would it approve any specific development projects that would create any new sources of substantial light or glare which would adversely affect day or nighttime views in the area. As part of the proposed Project, the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses would undergo land use designation and zoning updates in order to reflect their current land uses. These sites would either be designated as open space or community facilities. Future development that is proposed for any of these sites would also be required to comply with the lighting standards set forth in City of Laguna Woods Municipal Code Section 13.12.040 (for those sites that would be designated as open space). All lighting that would be proposed as a part of potential development would be required to be located and designed such that direct light rays are confined to the premises.

Future development on the Potential Housing Sites and the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses would be subject to applicable development standards and regulations as set forth in the City’s Municipal Code that are intended to reduce light and glare impacts. For example, these regulations include requirements to install landscaping adjacent to drive aisles and parking areas to screen vehicle headlights on the Potential Housing Sites and install shielding on outdoor lighting fixtures to avoid light spillage on to neighboring properties so that direct light rays shall be confined to the building premises. Each development application

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 9
received by the City would be reviewed for consistency with applicable Municipal Code regulations, which would ensure that light and glare impacts are reduced. Thus, the proposed Project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. No impacts would occur.

Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.1-6.

4.2 AIR QUALITY
Impact 4.2-1: Less than Significant Impact
The proposed Project would result in short-term construction and long-term operational pollutant emissions that are all below the CEQA significance emissions thresholds established by the South Coast Air Quality Management District (SCAQMD). As such, the proposed Project would not result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or emission reductions in the SCAQMD 2022 Air Quality Management Plan (AQMP). Therefore, the proposed Project is considered consistent with Indicator 1 of SCAQMD’s 2022 AQMP.

The SCAQMD’s CEQA Air Quality Handbook indicates that consistency with AQMP growth assumptions must be analyzed for new or amended General Plan elements, Specific Plans, and significant projects. The proposed Project would not change the General Plan land use designations on any of the Potential Housing Sites. However, the proposed Project would establish Residential; High, Medium, Medium-Low and Low Density overlay zones on the Potential Housing Sites which could accommodate the development of up to 1,196 dwelling units, which would provide housing for approximately 1,984 future residents. Additionally, the proposed Project would amend the zoning and land use designations on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses.

Future development allowed under the rezoning program would accommodate planned regional housing growth included in the Southern California Association of Governments (SCAG) RHNA. Any future projects implemented in accordance with the proposed zoning overlays and updated land use designations would be required to adhere to the General Plan. Therefore, since the purpose of the proposed Project is to accommodate planned regional housing growth included in the SCAG RHNA, the proposed Project would not exceed the growth assumptions in the SCAG’s Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) or the AQMP, and would be consistent with Indicator 1 of SCAQMD’s 2022 AQMP. As such, the proposed Project would result in

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 10
a less than significant impact related to a conflict or obstruction of implementation of applicable air quality plans.

Further, the proposed Project also includes text changes in the Land Use Element. These text changes provide internal consistency between General Plan Elements and would not facilitate or entitle any physical development that would result in air quality impacts. Text changes to the Land Use Element, Noise Element, and Circulation Element would not facilitate or entitle any physical development that would result in impacts to air quality. Therefore, the proposed Project would not conflict or obstruct implementation of applicable air quality plans. Potential impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not conflict with or obstruct implementation of the applicable air quality plan. Potential impacts are considered less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.2-21 through 4.2-23.

Impact 4.2-2: Less than Significant Impact
The South Coast Air Basin (Basin) is currently designated as being in nonattainment of the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) for ozone (O3) and particulate matter less than 2.5 microns in size (PM2.5). In addition, the Basin is in nonattainment of the State particulate matter less than 10 microns in size (PM10) standard. The Basin’s nonattainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant.

The proposed Project would not, in and of itself entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development. The proposed zoning overlays would accommodate the construction of 1,196 housing units on the Potential Housing Sites.

As specified in Regulatory Compliance Measures RCMs AQ-1 through AQ-4, construction of the proposed Project would comply with SCAQMD standard conditions, including Rule 403 (Fugitive Dust) to control fugitive dust and Rule 1113 (Architectural Coatings) to control Volatile Organic Compound (VOC) emissions from paint. Compliance with SCAQMD standard conditions is a regulatory requirement and was considered in the analysis of construction emissions.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 11
The maximum daily emissions of VOCs, nitrogen oxides (NOX), sulfur oxides (SOX), carbon monoxide (CO), PM10, and PM2.5 that would result from construction of the proposed Project would not exceed the significance thresholds established by the SCAQMD for any of the criteria pollutants. Therefore, the proposed Project would not have a cumulatively considerable air quality impact related to construction.

Operational activities associated with the additional housing units would result in long-term air pollutant emissions associated with mobile sources (e.g., vehicle trips), energy sources (e.g., natural gas), and area sources (e.g., architectural coatings and the use of landscape maintenance equipment). Before development can occur, each discretionary development project is required to be analyzed for conformance with the General Plan, zoning requirements, and other applicable local and State requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits.

Long-term operational emissions associated with build out of the 1,196 housing units was calculated using California Emissions Estimator Model (CalEEMod). Project emissions would not exceed the significance criteria for VOCs, NOX, CO, SOX, PM10, or PM2.5 emissions; therefore, the proposed Project would not have a significant effect on regional air quality. In addition, text changes to the Noise and Land Use Elements and the introduction of the Mobility Element would not facilitate or entitle any physical development that would result in operational air quality impacts. Further, given the extremely low level of CO concentrations in the City, and lack of traffic impacts at any intersections, project-related vehicles are not expected to contribute significantly or result in the CO concentrations exceeding the State or federal CO standards. Therefore, operational impacts related to the cumulatively considerable net increase of any criteria pollutant for which the Project region is in nonattainment under applicable NAAQS or CAAQS would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable Federal or State ambient air quality standard. Potential impacts are considered less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required. However, Regulatory Compliance Measures RCMs AQ-1 through AQ-4 are applicable to the proposed Project.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.2-23 through 4.2-28.

Impact 4.2-3: Less than Significant Impact
While the proposed Project would not, in and of itself entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, it does include the adoption of zoning overlays that would accommodate the construction of 1,196 housing units on the Potential Housing Sites.

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L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 12
Based on the scale of development associated with the anticipated Project buildout, construction projects would generate a maximum of 51.3 pounds per day (lbs/day) of NOx and 8.5 lbs/day of VOCs. Therefore, emissions associated with future projects are not sufficiently high enough to use a regional modeling program to correlate health effects on a Basin-wide level. However, individual projects would still be required to conduct a site-specific localized impact analysis that evaluates potential project health impacts at a project level to immediately adjacent land uses.

The proposed Project includes the adoption of zoning overlays that would accommodate the construction of 1,196 housing units on the Potential Housing Sites. Localized construction and operational impacts associated with future housing development could potentially exceed the Localized Significance Thresholds (LSTs). However, as discussed above, all future discretionary projects would be reviewed in accordance with CEQA and would require further evaluation at the project level to demonstrate whether emissions would exceed SCAQMD’s LSTs and require projectspecific mitigation. In addition, RCM AQ-1 through RCM AQ-4 would be required for construction of future projects to ensure compliance with SCAQMD standard conditions, including Rule 403 (Fugitive Dust) to control fugitive dust and Rule 1113 (Architectural Coatings) to control VOC emissions from paint. Furthermore, any necessary mitigation would be imposed at the project level once such future projects are proposed. In addition, text changes to the Noise, Land Use, and Circulation Elements would not facilitate or entitle any physical development that would result in impacts to sensitive receptors. Therefore, the proposed Project would not expose sensitive receptors to substantial pollutant concentrations, and impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not expose sensitive receptors to substantial pollutant concentrations. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required. However, Regulatory Compliance Measures RCMs AQ-1 through AQ-4 are applicable to the proposed Project.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.2-28 through 4.2-30.

Impact 4.2-4: Less than Significant Impact
Growth within the City could generate new sources of odors and place sensitive receptors near existing sources of odors. Nuisance odors from land uses in the Basin are regulated under SCAQMD Rule 402, Nuisance. The adoption of the zoning overlays would accommodate the construction of 1,196 housing units on the Potential Housing Sites; therefore, the proposed Project would not include land uses that would be expected to generate odors.

Residential land uses could result in the generation of odors such as exhaust from landscaping equipment. However, these are not considered potential generators of odor that could affect a substantial number of people. Therefore, impacts from potential odors generated from future housing development associated with the proposed Project are considered less than significant.

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L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 13
During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment and unlikely to affect a substantial number of people. In addition, by the time such emissions reached any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Furthermore, short-term construction-related odors are expected to cease upon the drying or hardening of the odor-producing materials.

Therefore, impacts associated with construction-generated odors are considered to be less than significant. In addition, text changes to the Noise and Land Use Elements and the introduction of the Mobility Element would not facilitate or entitle any physical development that would result in odor impacts. Therefore, impacts associated with other emissions (such as those leading to odors) adversely affecting a substantial number of people would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not result in other emissions, such as those leading to odors, that would adversely affect a substantial number of people. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.2-30 through 4.2-31.

4.3 ENERGY
Impact 4.3-1: Less than Significant Impact
While the proposed Project would not, in and of itself entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, the proposed zoning overlays would accommodate the construction of 1,196 housing units on the Potential Housing Sites. Implementation of the proposed Project would increase the demand for energy through dayto-day operations and fuel consumption associated with construction activities through horizon year 2045. The proposed Project is estimated to consume 2,388,442.6 gallons of gasoline and 1,933,161.3 gallons of diesel fuel during construction. When averaged over the 22-year construction period, the proposed Project would consume approximately 108,565.8 gallons of gasoline per year and 87.871.0 gallons of diesel fuel per year during construction, which would increase the annual construction generated fuel use in Orange County by approximately 0.01 percent for gasoline fuel usage and 0.06 percent for diesel fuel usage. As such, Project construction would have a negligible effect on local and regional energy supplies. Furthermore, impacts related to energy use during construction would be temporary and relatively small in comparison to Orange County’s overall use of the State’s available energy resources. In addition, construction activities are not anticipated to result in an inefficient use of energy as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs. The proposed Project would not cause or result in the need for additional energy facilities or an additional or expanded delivery system.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 14
Operational activities associated with the additional 1,196 housing units would result in energy demand associated with natural gas use, electricity consumption, and fuel used for vehicle trips. The estimated potential increase in electricity demand associated with build out of the 1,196 housing units is 9,358,250.0 kilowatt-hours (kWh) per year, which would increase the annual electricity consumption in Orange County by approximately 0.05 percent. The estimated potential increase in natural gas demand associated with build out of the 1,196 housing units is 286,113 therms per year, which would negligibly increase the annual natural gas consumption in Orange County by approximately 0.05 percent. Further, all future residential development would be required to adhere to all federal, State, and local requirements for energy efficiency, including the latest Title 24 standards. Build out of the 1,196 housing units would also result in energy usage associated with gasoline and diesel fuel consumed by project-related vehicle trips. Fuel use associated with the vehicle trips generated by the proposed Project is estimated at approximately 74,483.5 gallons of gasoline and 7,256.0 gallons of diesel fuel per year, which would increase the annual fuel use in Orange County by less than 0.01 percent for gasoline fuel usage and by less than 0.01 percent for diesel fuel usage.

Therefore, electrical and natural gas demand, as well as fuel consumption, associated with Project operations would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Furthermore, the proposed Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Therefore, the proposed Project would have less than significant impacts related to wasteful, inefficient, or unnecessary consumption of energy resources during Project construction or operation.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not result in a significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources during Project construction or operation. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.3-7 through 4.3-11.

Impact 4.3-2: Less than Significant Impact
In 2002, the State Legislature passed Senate Bill (SB) 1389, which required the California Energy Commission (CEC) to develop an integrated energy plan every two years for electricity, natural gas, and transportation fuels for the Integrated Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for zero emission vehicles (ZEVs) and their infrastructure needs, and encouragement of urban designs that reduce vehicle miles travelled (VMT) and accommodate pedestrian and bicycle access.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 15
The most recently adopted report includes the 2021 Integrated Energy Policy Report and the 2022 Integrated Energy Policy Report Update. The City relies on the State integrated energy plan and does not have its own local plan to address renewable energy or energy efficiency.

As indicated above, energy usage during project-related construction activities would be temporary in nature and would be relatively small in comparison to the overall use in the County. In addition, energy usage associated with operation of the proposed Project would be relatively small in comparison to the overall use in Orange County, and the State’s available energy resources.

Therefore, energy impacts at the regional level would be negligible. Because California’s energy conservation planning actions are conducted at a regional level, and because the proposed Project’s total impact on regional energy supplies would be minor, the proposed Project would not conflict with or obstruct California’s energy conservation plans as described in the CEC’s Integrated Energy Policy Report. Additionally, as demonstrated above under Impact 4.3-1, the proposed Project would not result in the inefficient, wasteful, and unnecessary consumption of energy. Potential impacts related to conflict with or obstruction of a State or local plan for renewable energy or energy efficiency would be less than significant, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not conflict or obstruct a State or local plan for renewable energy or energy efficiency. Potential impacts would be less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.3-11 through 4.3-12.

4.4 GREENHOUSE GAS EMISSIONS
Impact 4.4-2: Less than Significant Impact
Applicable plans adopted for the purpose of reducing greenhouse gas (GHG) emissions include the Laguna Woods Climate Action Plan (CAP), the California Air Resources Board’s (CARB) Scoping Plan, and SCAG’s 2020–2045 RTP/SCS.

The proposed Project would not, in and of itself, entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development. The zoning overlays that are proposed for adoption as a part of the Project would accommodate the construction of 1,196 housing units on the Potential Housing Sites. Before development can occur, each discretionary development project is required to be analyzed for conformance with the General Plan, zoning requirements, and other applicable local and State requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits. However, it is expected that future additional housing development would be consistent with the CAP goal of increasing energy and water efficiency as future projects would be required to comply with the latest California Building Code (Title 24), including the latest California Green Buildings Standards Code (CALGreen) Code Standards. As such, the proposed Project would be consistent with applicable CAP goals.

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 16
The 2022 Scoping Plan contains GHG reduction measures that work towards reducing GHG emissions, consistent with the targets set by Executive Order (EO) B-30-15 and codified by SB 32 and Assembly Bill (AB) 197. The measures applicable to the proposed Project include energy efficiency measures, water conservation and efficiency measures, and transportation and motor vehicle measures.

Future projects would be required to comply with the latest Title 24 and CALGreen Code standards, regarding water efficiency and energy conservation requirements. Therefore, the proposed Project would comply with applicable energy measures. In addition, electricity would be provided by Southern California Edison (SCE), which is required to increase its renewable energy sources to meet the Renewable Portfolio Standards mandate of 60 percent renewable supplies by 2030. In addition, SCE plans to continue to provide reliable service to its customers and upgrade its distribution systems as necessary to meet future demand. Future projects would also be required to comply with the latest Title 24 and CALGreen Code standards, which include a variety of different measures, including reduction of wastewater and water use. In addition, the future projects would be required to comply with the City’s Water Efficient Landscape Ordinance. The adoption of residential zoning overlays as part of the proposed Project is intended to accommodate a variety of housing types to meet the needs of all Laguna Woods residents, creating opportunities for attainably priced housing for all income groups and providing adequate potential housing sites with corresponding density to meet the City’s RHNA allocation. The proposed Project would decrease reliance on the automobile and encourage active lifestyles through policies and in-fill development that increase the safety, convenience, and integration of multiple transportation modes, thereby promoting alternative forms of transportation (e.g., walking and cycling) and reducing VMT. Therefore, the proposed Project would not conflict with applicable energy efficiency measures, water conservation and efficiency measures, and transportation and motor vehicle measures, and would therefore be consistent with the 2022 CARB Scoping Plan.

Future development allowed under the rezoning program would accommodate planned regional housing growth included in the SCAG RHNA. Any future projects implemented in accordance with the proposed zoning overlays and updated land use designations would be required to adhere to the City’s General Plan. Therefore, since the purpose of the proposed Project is to accommodate planned regional housing growth included in the SCAG RHNA, the proposed Project would not exceed the growth assumptions in the SCAG’s RTP/SCS.

Based on the nature of the proposed Project, it is anticipated that implementation of the proposed Project would not interfere with SCAG’s ability to implement the regional strategies outlined in the RTP/SCS. In addition, text changes to the Noise, Land Use, and Circulation Elements would not facilitate or entitle any physical development that would conflict with GHG reduction plans.

Therefore, the proposed Project would not conflict with an adopted plan, policy, or regulation pertaining to GHG emissions, and impacts are considered less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. Potential impacts would be

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 17
less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.4-25 through 4.4-29.

4.5 LAND USE AND PLANNING
Impact 4.5-1: No Impact
Any future projects implemented in accordance with the proposed zoning overlays would be required to adhere to the City’s General Plan, provide required development impact fees, and comply with applicable development regulations. Furthermore, any redevelopment on the Potential Housing Sites would replace existing structures within the built environment, and proposed development plans would be reviewed for connectivity. Only one of the Potential Housing Sites consists of vacant land; however, even this one parcel is in an urbanized location and surrounded by the built environment. The proposed rezoning and land use changes on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are considered to be administrative changes intended to reflect the existing use and provide consistency between the General Plan and Zoning Code. The amended land use designations and zoning districts would not result in development at the affected properties that would physically divide existing communities.

With the residential zoning overlays and the proposed land use amendments that are proposed as a part of the Project, the proposed Project would not divide an established community. Future site plans for each of the Potential Housing Sites would be subject to City land use regulation review which includes consideration of land use connectivity. Furthermore, the proposed Mobility Element renames the existing General Plan Circulation Element. Text changes to the Mobility Element would meet State law requirements for circulation elements and does not propose any physical improvements such as new roads or expanded roads that could divide an established community. As mentioned earlier, the City is substantially built out, and the Mobility Element focuses on maintaining and coordinating the City’s balanced multi-modal transportation network that enhances connectivity. The changes to the Noise and Land Use Elements are necessary to update noise contour maps and provide internal consistency between General Plan elements and would not have any effects on community connectivity.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not physically divide an established community. No impacts would occur. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.5-9.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 18
Impact 4.5-2: Less than Significant Impact
Because the proposed Project reinforces goals contained in the RTP/SCS by providing additional housing opportunities at in-fill urban locations proximate to residents’ daily service needs, the Project would be consistent with applicable goals in the 2020–2045 RTP/SCS Connect SoCal Plan.

The proposed Project also includes text changes in the Circulation Element, the Land Use Element, and the Noise Element, and renames the Circulation Element to the Mobility Element. The text changes to the Noise Element include an update to the noise contour maps to reflect current noise conditions in the City as well as those anticipated under the General Plan and would not result in any land use and planning conflicts. Text changes to the Land Use Element are necessary to provide internal consistency between General Plan elements. The renaming of the Circulation Element to the Mobility Element is being provided to meet State law requirements for circulation elements and would emphasize the City’s commitment to maintaining a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel. The Mobility Element does not propose any physical improvements such as new roads or expanded roads that could have a potential impact on land use and planning. As mentioned earlier, the City is substantially built out and the Mobility Element focuses on maintaining and coordinating the City’s balanced multi-modal transportation network and supporting regional transportation planning.

As described above, the proposed Project includes the adoption of overlay zoning districts that would allow for residential development on the Potential Housing Sites. These new zoning overlays would be codified in the City of Laguna Woods Municipal Code. Therefore, upon their approval by the City Council, the proposed zoning overlays would be consistent with the City’s Municipal Code and Zoning Code. Future projects implemented in accordance with the proposed zoning overlays would be reviewed against provisions of the Zoning Code as a part of the future development review process. Overall, the proposed Project would result in less than significant impacts related to potential conflicts with applicable land use plans, policies, and regulations.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would have less than significant impacts related to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.5-10 through 4.5-14.

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 19

4.6 NOISE
Impact 4.6-2: Less Than Significant Impact
The proposed zoning overlays would allow for the development of 1,196 additional dwelling units on the Potential Housing Sites and would not generate operational vibration. In addition, vibration levels generated from Project‐related traffic on the adjacent roadways are unusual for on‐road vehicles because the rubber tires and suspension systems of on‐road vehicles provide vibration isolation. Therefore, vibration generated from Project-related traffic on the adjacent roadways would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not generate excessive ground-borne vibration or ground-borne noise levels. Potential impacts would be less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.6-8.

Impact 4.13-3: No Impact
The nearest airport to the Potential Housing Sites and the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses is John Wayne Airport, which is located more than 10 miles to the northwest. John Wayne Airport is a commercial and general aviation airport that serves Orange County and the Greater Los Angeles area. The Potential Housing Sites and the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are not located within 2 miles of an airport or within the jurisdiction of an airport land use plan. No impacts would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not expose people residing or working in the Project area to excessive noise levels due to its proximity to an airport. No impacts would occur.

Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.6-13.

4.7 POPULATION AND HOUSING
Impact 4.7-1: Less than Significant Impact
As discussed above, the City’s housing needs allocation for the planning period between October 2021 and October 2029 is 997 units. The proposed Project includes the adoption of overlay zoning

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 20
districts that would allow for residential development on the Potential Housing Sites. The proposed Project would also amend the land use designations and zoning on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses. These minor administrative changes are intended to reflect the reality that these properties are currently being used as open space or community facilities and would continue to be used for those purposes for the foreseeable future.

Therefore, the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses would not induce substantial unplanned growth.

The zoning overlays that are proposed as a part of the Project would accommodate the construction of 1,196 housing units, which are estimated to result in an increase in 2,382 residents. Future development allowed under the rezoning program would accommodate planned regional housing growth included in the SCAG RHNA. Any future projects implemented in accordance with the proposed zoning overlay and updated land use designations would be required to adhere to the City’s General Plan, provide required development impact fees, and comply with applicable development regulations.

Additionally, each of the Potential Housing Sites is located in urbanized settings with a full range of public services and utilities. Sixteen of the Potential Housing Sites are currently developed with nonresidential land uses, and one of the Potential Housing Sites is a vacant parcel located in an urbanized location and surrounded by a built environment. Future residential uses would replace existing land uses and not induce additional growth or require the extension of roads or other infrastructure because the roads and infrastructure are already in place with adequate capacity to serve the Potential Housing Sites. Thus, any public service or utility demand associated with the proposed Project would not be substantial because it would be located within an area capable of supporting it; impacts would be less than significant.

Text changes to the Land Use Element, Noise Element, and Circulation Element would not facilitate or entitle any physical development that would result in impacts to public services and utilities.

Therefore, the Noise Element update would not result in population and housing impacts. The City is substantially built out; thus, any public services or utility demand associated with the proposed zoning overlays would not be substantial and would be beneficial in terms of efficient utilization of existing infrastructure, and no mitigation measures would be required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not induce substantial unplanned population growth in the area, either directly or indirectly. Potential impacts would be less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.7-8 through 4.7-9.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 21
Impact 4.7-2: No Impact
The proposed Project would amend the City’s Zoning Ordinance and the Circulation, Land Use, and Noise Elements of the City’s General Plan and rename the Circulation Element to the Mobility Element. The zoning overlays that are proposed as a part of the Project would allow for the construction of up to 1,196 housing units. The proposed zoning overlays would not displace existing people or housing because none of the Potential Housing Sites are currently developed with residential uses. Rather, the proposed Project would add increased housing opportunities for future residents of the City. Text changes to the Noise and Land Use Elements and the introduction of the Mobility Element would not facilitate or entitle any physical development that would result in impacts to population or housing. The changes to the land use designations and zoning on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are intended to reflect the reality that these properties are currently being used as open space or community facilities and would continue to be used for those purposes for the foreseeable future. None of the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are developed with residential uses, thus no displacement of existing people or housing would occur.

Therefore, the proposed Project would not result in any impacts related to the displacement of substantial numbers of existing people or housing.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. No impacts would occur. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.7-9 through 4.7-10.

4.8 PUBLIC SERVICES
Impact 4.8-1: Less than Significant Impact
The City’s housing needs allocation for the planning period between October 2021 and October 2029 was established by the SCAG at 997 units. While the Project itself is programmatic in nature, the zoning overlays that are proposed as a part of the Project would accommodate the construction of 1,196 housing units on the Potential Housing Sites, which would result in an increase of 2,382 City residents. The 2022 Orange County Fire Authority (OCFA) Adopted Budget states that it served a population of 1,891,414 in 2021 and it had 1,151 authorized firefighter positions. The addition of 2,382 residents would increase the population served to 1,893,796. The ratio of firefighters per 10,000 residents would therefore decrease from 6.09 firefighters per 10,000 residents to 6.08 firefighters per 10,000 residents, a negligible change. Text changes to the Land Use Element, Noise Element, and Circulation Element are necessary to provide internal consistency between General Plan elements and would not facilitate or entitle any physical development.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 22
Any future projects implemented in accordance with the proposed zoning overlays would be required to adhere to all OCFA requirements and demonstrate that fire service providers would be able to provide adequate fire protection through building design requirements and access.

Additionally, each of the Potential Housing Sites is surrounded by existing development and would replace existing non-residential land uses; therefore, the Potential Housing Sites are located in areas of the City already served by OCFA. Thus, any population growth associated with the Project that would lead to potential strains on public services would not be substantial because it would be located within an area capable of supporting it; impacts would be less than significant, and no mitigation measures would be required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not generate substantial impacts relating to fire protection services. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.8-8 through 4.8-10.

Impact 4.8-2: Less than Significant Impact
The City contracts with the Orange County Sheriff’s Department (OCSD) for law enforcement services. The OCSD’s Southwest Operations Division provides law enforcement services to the City.

The development of new housing on the Potential Housing Sites may result in an incremental increase in law enforcement calls within the City; however, such calls would be generally consistent with the types of calls the OCSD responds to at similar residential developments in the City.

Additionally, each of the Potential Housing Sites is surrounded by existing development and therefore located in areas of the City that are already patrolled by the OCSD. Any future projects implemented in accordance with the proposed zoning overlays would be required to adhere to all applicable policies and codes related to the provision of police services. Additionally, any new housing units built within the residential zoning overlays would replace existing land uses already receiving services from OCSD.

Text changes to the Land Use Element, Noise Element, and Circulation Element would not facilitate or entitle any physical development. The City is substantially built-out and the Circulation Element, which would be renamed to the Mobility Element under the proposed Project, focuses on maintaining and coordinating the City’s balanced multi-modal transportation network. Thus, any population growth associated with the Project that would lead to potential strains on public services would not be substantial because it would be located within an area capable of supporting it, and impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 23
The City hereby finds that the proposed Project would not generate substantial impacts relating to police protection services. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.8-10 through 4.8-11.

Impact 4.8-3: Less than Significant Impact
As indicated above, the provision of education and school facilities in Laguna Woods is the responsibility of the Saddleback Valley Unified School District (SVUSD), the Laguna Beach Unified School District (LBUSD), and the Capistrano Unified School District (CUSD). All of the Potential Housing Sites are located within the SVUSD, which has a capacity of 30,598 students as of the 2021– 2022 school year and includes all or part of Laguna Woods, Aliso Viejo, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, and Rancho Santa Margarita.

The demand for public school facilities is driven by residential land use. Because the proposed Project includes the adoption of residential zoning overlays that may indirectly lead to an increase in growth and population, the Project could potentially create a demand on public school facilities. As described above, construction of the 1,196 potential housing units that would be accommodated by the zoning overlays that are proposed as a part of the Project would result in approximately 2,382 additional residents. The proposed Project has the potential to generate 257 elementary school students, 74 intermediate school students, and 149 high school students. Based on the SVUSD’s available enrollment capacity, the development of 1,196 housing units on the Potential Housing Sites in Laguna Woods would not result in the need to construct new school facilities.

Pursuant to California Government Code Section 17620, the governing board of SVUSD is authorized to levy a fee, charge, dedication, or other requirement against the proposed Project, which lies within the boundaries of the SVUSD, for the purpose of funding the construction or reconstruction of school facilities to accommodate future student enrollment. Therefore, with payment of these school impact fees, impacts related to student generation and the potential need for additional school facilities would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not generate substantial impacts relating to school facilities. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.8-11 through 4.8-12.

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 24
Impact 4.8-4: Less than Significant Impact
Chapter 11.06 of the City’s Municipal Code establishes a standard of 2.5 acres of land per 1,000 residents for park and recreational purposes. The City’s current parkland-to-resident ratio of 12.9 acres for each 1,000 residents is well in excess of its adopted standard. The proposed residential zoning overlays would allow for the future development of up to 1,196 housing units on the Potential Housing Sites, potentially resulting in approximately 2,382 additional residents. Even with the addition of 2,382 new residents, the City would have sufficient park resources to meet its adopted standard of 2.5 acres of park and recreational land for each 1,000 residents. Therefore, the proposed Project would not require the construction or expansion of any parks or recreational facilities.

Text changes to the Circulation Element, Land Use Element, and Noise Element would not facilitate or entitle any physical development that would result in impacts to parks. The minor administrative changes in the zoning and land use designations on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are intended to reflect the reality that these properties are currently being used as open space or community facilities and would continue to be used for those purposes for the foreseeable future. Therefore, those zoning and land use designation changes would not result in additional population, alter existing parks, or require the construction or expansion of parks. The proposed Project would result in less than significant impacts related to parks.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not generate substantial impacts in relation to parks. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.8-13.

Impact 4.8-5: Less than Significant Impact
Other public facilities in the City include the Laguna Woods Branch of the Orange County Public Library. The RHNA for the City accounts for 997 additional housing units, and the proposed zoning overlays would accommodate the construction of 1,196 housing units, which is estimated to result in an increase of 2,382 residents. Because the proposed Project includes General Plan and zoning updates that may indirectly lead to an increase in growth and population, the Project could potentially create a demand on public library facilities within Laguna Woods or Orange County. Any future projects implemented in accordance with the proposed zoning overlays would be required to adhere to the General Plan, provide required development impact fees, and comply with applicable development regulations. Additionally, according to Section 11.04.010 of the City’s Municipal Code, payment of fees would be required by developers to offset impacts to public services and City infrastructure created by the proposed Project. Ultimately, as part of the development review process, all future projects would be required to demonstrate during the development review

F INDINGS OF F ACT AND S TATEMENT OF OVERRIDING C ONSIDERATIONS AUGUST 2024

L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 25
process that service providers would ensure adequate public services. The minor administrative changes in the zoning and land use designations on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses would not impact the provision of any public services.

Text changes to the Land Use Element, Noise Element, and Circulation Element would not facilitate or entitle any physical development and therefore would not impact the provision of any public services.

Additionally, the Potential Housing Sites are located in existing urbanized locations with existing land uses that are already receiving public services. Redevelopment of existing land uses reduces the net impact to public services to a less than significant level. Thus, any population growth associated with the Project that would lead to potential strains on public services would not be substantial because it would be located within an area capable of supporting it, and impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not generate substantial impacts to other public facilities beyond those identified in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.8-13 through 4.8-14.

4.9 RECREATION
Impact 4.9-1: Less than Significant Impact
The proposed Project would not directly result in physical development but would make possible new residential development that could potentially lead to impacts to existing parks or recreational facilities. Any future projects that are implemented in accordance with the proposed zoning overlays would be required to adhere to the City’s General Plan, the City’s Municipal Code, and all applicable development regulations pertaining to the capacity of existing neighborhood and regional parks or other recreational facilities. The land use designation changes and rezoning on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses would not result in additional population or alter existing recreational uses.

The zoning overlays that are proposed as a part of the Project would accommodate the construction of 1,196 housing units on the Potential Housing Sites, which could result in an increase in the City of 2,380 residents. Chapter 11.06 of the City’s Municipal Code establishes a standard of 2.5 acres of land per 1,000 residents for park and recreational purposes. Therefore, to accommodate for the demand for new park space for these 2,380 residents, 5.95 additional acres of parks and recreation land would be necessary to meet the requirements set forth in Chapter 11.06 of the City’s Municipal Code. Of the 13,386 dwelling units in the City of Laguna Woods, 12,736 are located in the gated community of Laguna Woods Village, which represents 80 percent of the City’s total land area.

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L AGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

L AGUNA WOODS , C ALIFORNIA
August 2024 Findings of Fact 26
The vast majority of City residents reside within Laguna Woods Village. The recreational facilities in Laguna Woods Village are private and for the use of Laguna Woods Village residents. The private recreational facilities are abundant including multiple clubhouses with swimming pools, golf courses, tennis center, equestrian center, garden center and an extensive pedestrian network.

Removing Laguna Woods Village from the parkland dedication requirement due to village recreational amenities fulfilling resident recreational needs equates to 650 units (the majority assisted living) or 1,293 residents (1.99 residents per unit) resulting in a 3.23-acre park requirement.

Assuming 1.99 residents per unit for assisted living or senior living facilities is a conservative estimate given that many units are single occupancy. Four other residential communities (Ivy Park at Laguna Woods [formerly The Regency], Ivy Park at Wellington [formerly Las Palmas], San Sebastian, and Whispering Fountains) provide an additional 650 dwelling units in the City. Ivy Park at Laguna Woods and Ivy Park at Wellington are assisted living facilities that generate minimal recreational demand. San Sebastian, a 55-plus senior living apartment complex, includes a swimming pool and numerous outdoor spaces that meet the recreational needs of residents. Whispering Fountains is also a senior living apartment complex with access to a landscaped courtyard.

The Circulation, Land Use, and Noise Elements updates would not result in changes to the physical environment nor result in impacts to recreation resources. The provision of additional housing units would result in additional demands on existing recreational resources. However, as discussed above, existing public park and recreational facilities would not be adversely impacted or be substantially degraded by the Project’s additional residents, and impacts related to recreation resources would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not increase the use of existing neighborhood and regional parks or other recreation facilities such that substantial physical deterioration of the facility would occur or be accelerated. Potential impacts would be less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.9-6 through 4.9-8.

Impact 4.16-2: Less than Significant Impact
Chapter 11.06 of the City’s Municipal Code establishes a standard of 2.5 acres of land per 1,000 residents for park and recreational purposes; however, the City currently has 10.54 acres of Cityowned parkland outside of Laguna Woods Village providing a parkland-to-resident ratio of 8.1 acres per 1,000 residents (residents outside of Laguna Woods Village) and is no longer collecting parkland dedication fees under its Quimby Act ordinance. Even with the addition of 2,382 new residents, the City would have sufficient park resources to meet its adopted standard of 2.5 acres of park and recreational land per 1,000 residents. Therefore, the proposed Project would not require the construction or expansion of any parks or recreational facilities. Text changes to the Circulation Element, Land Use Element, and Noise Element would not facilitate or entitle any physical development that would result in impacts to recreation. The minor administrative changes in the

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zoning and land use designations on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses are intended to reflect the reality that these properties are currently being used as open space or community facilities and would continue to be used for those purposes for the foreseeable future. Therefore, those zoning and land use designation changes would not result in additional population, alter existing recreational uses, or require the construction or expansion of recreational facilities. The proposed Project would result in less than significant impacts to recreational facilities.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Potential impacts are less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.9-8.

4.10 TRANSPORTATION
Impact 4.10-1: Less than Significant Impact
A detailed VMT analysis was conducted for the Project based on the Orange County Transportation Analysis Model (OCTAM) model, using the County of Orange as the region. Based on the significance threshold criteria determined within the OPR’s 2018 Technical Advisory on Evaluating Transportation Impacts In CEQA (Technical Advisory), the VMT per capita of the Project does not exceed the established threshold. A secondary analysis was performed to evaluate the VMT per service population. The results also showed that the Project would not exceed the threshold based on service population. Additionally, compliance with the City’s Municipal Code would address transportation design and emergency access. The Mobility Element, as proposed, includes numerous policies and implementation measures that are aligned with the objectives and priorities identified in the comment letters from Caltrans District 12, Orange County Transportation Authority (OCTA), and SCAG. Objectives and policies provided in the amended Mobility Element would include:
• Improve and expand transportation options within the City and to destinations outside the City, Maintain and enhance an integrated vehicular circulation network to accommodate local needs and land uses;
• Develop strong working relationships with management and staff of the OCTA, Leisure World Transportation, South County Senior Services, and other appropriate agencies to highlight the transit needs of City residents, including the special needs of seniors, and to enhance and coordinate transit services in the City;

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• Coordinate the efforts of all transit service providers to plan for and implement a package of improved services for residents and workers;
• Explore opportunities to contract for new transit services based upon the needs of the community;
• Provide innovative alternatives for maintaining independence and mobility of residents; and • Help residents understand transit services and options. Maintain and enhance infrastructure to promote alternative vehicle access where feasible.

Based on the analysis above, the City’s Mobility Element objectives, policies, and implementation measures are consistent with the plans and policies of Caltrans District 12, OCTA, and SCAG.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Potential impacts are less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.10-7 through 4.10-8.

Impact 4.10-2: Less than Significant Impact
According to State CEQA Guidelines Section 15064.3(a), project‐related transportation impacts are generally best measured by evaluating the project’s VMT, which refers to the amount and distance of automobile travel attributable to a project.

Based on the recommendations from the OPR Technical Advisory, the proposed Project was evaluated based on VMT per capita. An assessment of the trip generation comparison between the existing and the proposed land uses did not screen the Project out from a VMT analysis. A detailed VMT analysis was conducted for the Project based on the OCTAM model, using the County of Orange as the region. Based on the significance threshold criteria determined within the OPR Technical Advisory, the VMT per capita of the Project would not exceed the threshold. A secondary analysis was performed to evaluate the VMT per service population. The results also showed that the Project would not exceed the threshold based on service population. Therefore, the Project would have a less than significant transportation impact. No mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not conflict or be inconsistent with State CEQA Guidelines Section 15064.3, subdivision (b). Potential impacts are less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

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Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.10-8 through 4.10-11.

Impact 4.10-3: No Impact
The proposed Project would not alter the existing circulation system in the City. Any improvements needed to accommodate future residential units would be analyzed during site plan review and any circulation improvements such as driveway access and intersection controls would be implemented consistent with the City’s Municipal Code. No impacts would occur under the proposed Project.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not substantially increase hazards due to a geometric design feature or incompatible uses. No impacts would occur. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.10-11.

Impact 4.10-4: No Impact
Any improvements needed to accommodate future residential units would be analyzed during site plan review, and any necessary fire or sheriff emergency access would be implemented consistent with the City’s Municipal Code. No impacts would occur under the proposed Project.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not result in inadequate emergency access.

No impacts would occur. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.10-11 through 4.10-12.

4.11 UTILITIES AND SERVICE SYSTEMS
Impact 4.11-1: Less than Significant Impact
The proposed Project is programmatic in nature but would accommodate an additional 1,196 housing units at the opportunity sites, which would result in a net population increase of approximately 2,382 persons.

According to CalEEMod projections, the proposed zoning overlay would result in approximately 325 acre-feet (af) of indoor and outdoor water use. Annual water use in the El Toro Water District

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(ETWD) service area for residential uses was approximately 4,681 af (or approximately 1,525 million gallons) in 2020, and the water demand for residential uses is expected to lessen to 4,660 af (or approximately 1,518 million gallons) by 2045. The ETWD 2020 Urban Water Management Plan (UWMP) states that the estimated 997 units that were required by the RHNA for Laguna Woods are accounted for in the future water demand projections. Therefore, the new housing development allowed under the proposed Project would be less than significant based on RHNA allocation being considered in the UWMP water use projections. Additionally, the 1,196 units (which include the 997 units included in the RHNA allocation) that could be accommodated on the Potential Housing Sites would replace existing uses that currently are assumed in the water use projections. The potential new demand impacts of the additional 199 units would be off-set to a level of insignificance due to the removal of existing uses to accommodate full buildout of the 1,196 units.

The ETWD also owns and operates the City’s sewer system. The ETWD Water Recycling Plant (WRP) currently has a capacity of 5.54 million gallons per day (mgd) under an average flow condition, although it has the capacity to treat a maximum flow of 6 mgd to secondary effluent standards.

According to the 2020 UWMP, approximately 4,219 af of wastewater were generated in the ETWD service area in the 2019–2020 fiscal year. The potential development of 1,196 housing units would account for the generation of approximately 325 af of wastewater annually, which can be accommodated at the existing WRP. Additionally, the 1,196 housing units, which could be accommodated in the zoning overlays would replace existing uses that currently generate wastewater. Impacts to wastewater generation from any future projects developed in accordance with the proposed Project would be less than significant.

The City is part of three watersheds: Aliso Creek, the Laguna Coastal Streams, and Newport Bay. Any future projects implemented in accordance with the proposed zoning overlays would comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit and may include the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would include construction best management practices (BMPs) to control and direct on-site surface runoff and would include detention facilities, if required, to ensure that stormwater runoff from the construction site would not exceed the capacity of the stormwater drainage systems. New development allowed under the proposed Project would also comply with applicable MS4 Permit, which requires the preparation of a Final Water Quality Management Plan (WQMP) and implementation of operational BMPs to target and reduce pollutants of concern in stormwater runoff from project sites. Compliance with applicable MS4 Permit would reduce operational impacts related to surface water quality standards, waste discharge requirements, and/or degradation of water quality to a less than significant level, and no mitigation is required. Additionally, the 1,196 units would replace existing urban uses, several of which were constructed prior to current MS4 permit requirements. As such, impacts related to stormwater infrastructure would be less than significant.

Based on the CalEEMod outputs for the proposed Project, the estimated potential increase in electricity demand associated with the operation of the new residential development allowed under the proposed Project is 7,794,464 kilowatt-hours (kWh) per year. Total electricity demand in Orange County in 2020 was approximately 19,733 gigawatt=hours (GWh) (19,733,139,603 kWh). Therefore, operation of the proposed Project would increase annual electricity consumption in Orange County

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by approximately 0.04 percent, a negligible increase. Additionally, the 1,196 units would replace existing urban uses, all of which consume electricity, thereby likely decreasing any net gain in electricity consumption.

According to the CEC, total natural gas consumption in Orange County in 2020 was 594.6 million therms. CalEEMod was used to calculate the approximate annual natural gas associated with future housing development on the Potential Housing Sites. The estimated potential increase in natural gas demand associated with the proposed Project is 23,826,100,000 British thermal units (BTU) per year (238,318 therms per year). Therefore, operation of the new residential development allowed under the proposed Project would increase annual consumption in Orange County by 0.04 percent, a negligible increase. Additionally, the 1,196 units would replace existing urban uses, several of which consume natural gas, thereby decreasing the net gain in natural gas consumption. Therefore, the proposed Project would not require the construction of any physical improvements related to the provision of natural gas service that would result in significant environmental impact.

Any future projects that would be developed in accordance with the proposed zoning overlays would be responsible for constructing adequate telecommunication facility extensions on their respective project sites. Future developments would also be required to adhere to the General Plan, provide required development impact fees, and comply with applicable development regulations pertaining to water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunications facilities. As a part of the development review process, all future projects would be required to demonstrate that existing public utilities would be sufficient to serve the future projects’ needs.

The proposed text changes to the Circulation Element, Land Use Element, and Noise Element do not propose any physical improvements such as new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunications facilities that would affect utilities. Based on this and the analysis presented above, the proposed Project would result in less than significant impacts on utilities and service systems.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not require or result in the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunication facilities that would cause a significant environmental effect. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.11-9 through 4.11-11.

Impact 4.11-2: Less than Significant Impact
The proposed Project consists of the adoption of overlay zoning districts that would allow for residential development on the Potential Housing Sites as well as amendments to the land use

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designations and zoning on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses to either Community Facilities – Public/Institutional or Open Space districts.

The amendments to the zoning and land use designations on these properties are intended to better correlate existing uses with General Plan land use designations and zoning and would not result in additional development.

According to water demand factors included in the CalEEMod emissions model, future development allowed under the proposed Project is estimated to demand approximately 106 million gallons per year (approximately 65 million gallons for indoor use and 41 million gallons for outdoor use) or 325.0 acre-feet per year (afy) of potable water. Therefore, the estimated increase in water demand associated with the new development proposed as part of the Project would represent approximately 6.9 percent and 7.0 percent of the ETWD’s current annual indoor and outdoor water demand, respectively. Additionally, the 1,196 housing units (which include 997 units in the City’s RHNA allocation that are already assumed in water demand projections) that could be accommodated in the zoning overlays would replace existing uses that currently are assumed in the water use projections. The potential new demand impacts of the additional 199 units would be offset to a level of insignificance due to the removal of existing uses to accommodate full build out of the 1,196 units.

According to the 2020 UWMP, ETWD’s available water supply would meet the future projected demand for normal year demands from 2025 through 2045. Even with the demand increase of 9 percent each year (for a five-consecutive-year scenario), the ETWD would be capable of meeting all customers’ demands from 2025 to 2045 with significant reserves by the MWD and through conservation. Therefore, the proposed Project would not result in insufficient water supplies during normal, dry, and multiple dry years, and adequate water supply would be available to accommodate for the potential residential development on the Potential Housing Sites. Additionally, text changes to the Noise Element, Land Use Element, and Circulation Element would not facilitate or entitle any physical development that would result in impacts to utilities and service systems. Because the ETWD would have sufficient water supplies to the serve the proposed Project, impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would have sufficient water supplies available to serve the Project and reasonably foreseeable future developments during normal, dry, and multiple dry years. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.11-11 through 4.11-12.

Impact 4.11-3: Less than Significant Impact
The proposed Project includes the adoption of overlay zoning districts that would allow for residential development on the Potential Housing Sites as well as amendments to the land use

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designations and zoning on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses to either Community Facilities – Public/Institutional or Open Space districts.

The amendments to the zoning and land use designations on these properties are intended to better correlate existing uses with General Plan land use designations and zoning and would not result in additional development.

Wastewater volume is calculated in the UWMP using potable water consumption in the service area, and therefore, because residential wastewater generation is not specified in the 2020 UWMP, it is assumed that the volume of wastewater generation associated with the new residential development allowed under the proposed Project is equal to approximately 90 percent of the indoor water use anticipated for such development. According to water demand factors included in the CalEEMod emissions model, future development built in accordance with the proposed Project is estimated to demand approximately 106 million gallons per year (approximately 65 million gallons for indoor use and 41 million gallons for outdoor use) or 325.0 afy of potable water. According to the 2020 UWMP, approximately 4,219 af (3.77 mgd) of wastewater was generated in the ETWD service area in the 2019–2020 fiscal year. Wastewater volume is calculated in the UWMP using potable water consumption in the service area. The additional 290,141 gallons per day can be accommodated at the WRP and its current capacity of 5.54 mgd. Furthermore, the 1,196 units would replace existing urban uses that currently generate wastewater.

Further, the text changes to the Noise Element, Land Use Element, and Circulation Element would not facilitate or entitle any physical development that would result in impacts to utilities and service systems. Therefore, impacts to wastewater generation from any future projects developed in accordance with the proposed Project would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would be adequately served by the wastewater treatment provider’s existing capacity in addition to the provider’s existing commitments. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.11-12 through 4.11-13.

Impact 4.11-4: Less than Significant Impact
Waste from the new residential development allowed under the proposed Project would be required to comply with State and local solid waste reduction, diversion, and recycling policies and regulations. According to CalEEMod calculations, the additional residential development allowed on the Potential Housing Sites would generate 1,168.91 tons of solid waste per year. The nearest CR&R facility to the City is the Stanton Recycling and Transfer Facility. Currently, the Stanton Recycling and Transfer Facility permits up to 3,600 tons of waste per day. According to the most recent inspection, the Stanton Recycling and Transfer Facility daily tonnage log indicated that the maximum tonnage accepted since the most recent inspection at the landfill (July 25, 2022) was 1,798 tons. Therefore,

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the proposed Project would add a small amount of waste to the Stanton Recycling and Transfer Facility, which would have adequate capacity to serve the proposed Project. Furthermore, the 1,196 housing units would replace existing urban uses, most of which currently generate solid waste.

The proposed text changes to the Noise Element, Land Use Element, and Circulation Element would not facilitate or entitle any physical development that would result in impacts to utilities and service systems. Therefore, impacts related to solid waste generation from any future projects developed in accordance with the proposed Project would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would not generate solid waste in excess of State or local standard or in excess of the capacity of local infrastructure or otherwise impair the attainment of solid waste reduction goals. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.11-13 through 4.11-14.

Impact 4.11-5: Less than Significant Impact
The proposed Project includes the adoption of overlay zoning districts that would allow for residential development on the Potential Housing Sites as well as amendments to the land use designations and zoning on the Sites Proposed for Land Use Designation Changes and Rezoning to Reflect Existing Uses to either Community Facilities – Public/Institutional or Open Space districts.

The amendments to the zoning and land use designations on these properties are intended to better correlate existing uses with General Plan land use designations and zoning and would not result in additional development.

Solid waste disposal practices in California are governed by multiple federal, State, and local agencies that enforce legislation and regulations ensuring that landfill operations minimize impacts to public health and safety and the environment. The City provides curbside recycling for both residential and commercial uses, as well as curbside residential green waste, which both count toward the City’s solid waste diversion rate. California Department of Resources Recycling and Recovery (CalRecycle) tracks and monitors solid waste disposal on a per-capita basis. Future residential projects allowed under the proposed zoning overlays would be required to comply with the City’s Construction and Demolition Ordinance. As stipulated by the CALGreen Code, future residential projects on the Potential Housing Sites would be required to divert a minimum of 65 percent of construction and demolition debris in order to obtain building permits. Future development projects would be required to comply with existing and future statutes and regulations, including waste diversion programs mandated by City, State, and federal law.

Therefore, the proposed Project would result in less than significant impacts with respect to federal, State, and local statutes and regulations related to solid wastes.

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Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project would comply with federal, State, and local management and reduction statutes and regulations associated with solid waste. Potential impacts would be less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to the Draft PEIR, page 4.11-14.

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5.0 FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL

IMPACTS WHICH CAN BE MITIGATED TO A LEVEL

OF LESS THAN SIGNIFICANT
The City finds, based upon the threshold criteria for significance presented in the Draft PEIR, that all potentially significant environmental effects of the proposed Project listed below can be avoided or reduced to insignificance with feasible mitigation measures identified in the Draft PEIR. No substantial evidence has been submitted to or identified by the City that indicates that the following impacts would, in fact, occur at levels that would necessitate a determination of significance.

State CEQA Guidelines, Section 15126(b), requires a description of any significant environmental effects that cannot be avoided if the proposed Project is implemented.

5.1 AESTHETICS
No impacts were concluded to be significant.

5.2 AIR QUALITY
No impacts were concluded to be significant.

5.3 ENERGY
No impacts were concluded to be significant.

5.4 GREENHOUSE GAS EMISSIONS
Impact 5.4-1 was concluded to be significant and unavoidable.

Impact 5.4-2 was concluded to be less than significant.

5.5 LAND USE AND PLANNING
No impacts were concluded to be significant.

5.6 NOISE
Impact 4.6-1: Less than Significant With Mitigation Incorporated Potential temporary increases in ambient noise levels resulting from the future buildout of residential development projects enabled by the proposed Project that are subject to California Environmental Quality Act (CEQA) review would be reduced to a less than significant level with incorporation of Mitigation Measure MM N-1.

Future year average daily trips (ADT) were calculated by LSA for future year 2045 with and without the proposed Project for roadways within the City that were identified as major noise sources. The change in ADT with and without the proposed Project ranged from a decrease of 580 ADT to an

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increase of 360 ADT, all of which would be considered negligible. For traffic noise to increase by 3 Aweighted decibels (dBA), traffic volumes would have to double. It is assumed that the vehicle mix would remain the same for both scenarios analyzed. The change in traffic volumes would result in traffic noise increases of up to 0.1 dBA, which is considered less than the threshold of perceptibility for humans (i.e., 3 dBA). Therefore, traffic noise regulated under the proposed Project would not be readily perceptible in outdoor environments. The negligible increases and decreases in 2045 ADT with the Project are consistent with the City’s Noise Element because there would be no change to sensitive noise receptors from the detrimental effects of excessive noise. Further, any new construction would need to be consistent with the General Plan Noise Element as described in Regulatory Compliance Measure (RCM) Noise-1.

Therefore, implementation of the proposed Project would not allow the exposure of persons to noise levels in excess of applicable standards, and impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the proposed Project that avoid or substantially lessen the significant effect on the environment to below a level of significance with Mitigation Measure MM N-1. In addition, Regulatory Compliance Measure RCM Noise-1 is applicable to the proposed Project.

MM N-1 Prior to discretionary approval by the City of Laguna Woods (City), residential development projects subject to California Environmental Quality Act (CEQA) review (i.e., nonexempt projects) would be required to incorporate the following conditions:
• Prior to the issuance of building permits, the applicant shall submit a final acoustical report consistent with the requirements of the California Building Standards Code or City policy, provided that City policy is no less effective than the California Building Standards Code.
○ The final acoustical report shall describe in detail the noise environment and mitigation measures necessary to achieve compliance with applicable noise standards. The report shall also describe and depict the locations of the acoustical barriers and design features of the structures required to satisfy the exterior and interior noise standards along with satisfactory evidence, which indicates that the sound attenuation measures specified in the final acoustical report, have been incorporated into the design of the project.

Noise level calculations shall be provided using the Community Noise Equivalent Level (CNEL) noise scale.
• The applicant shall incorporate the requirements of the City's Noise Ordinance as a note on the grading plan cover sheet, for review and approval by the City.

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• The applicant shall incorporate the following measures as a note on the grading plan cover sheet:
○ Construction equipment, fixed or mobile, shall be maintained in proper operating condition with approved noise mufflers.
○ Construction staging areas shall be located away from off-site receptors and occupied buildings on site during the later phases of project development. ○ Stationary equipment shall be placed such that emitted noise is directed away from residential areas to the greatest extent feasible. ○ Construction access routes shall be selected to minimize truck traffic near existing residential uses where reasonably feasible.

Mitigation Measures: Based upon the analysis presented in Section 4.6, Noise, of the Draft PEIR, which is incorporated herein by reference, Mitigation Measure MM N-1 below is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.6-6 through 4.6-8 and 4.6-13 through

4.6-14.

5.7 POPULATION AND HOUSING
No impacts were concluded to be significant.

5.8 PUBLIC SERVICES
No impacts were concluded to be significant.

5.9 RECREATION
No impacts were concluded to be significant.

5.10 TRANSPORTATION
No impacts were concluded to be significant.

5.11 UTILITIES AND SERVICE SYSTEMS
No impacts were concluded to be significant.

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6.0 FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE

ENVIRONMENTAL IMPACTS WHICH CANNOT BE

MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT

6.1 AESTHETICS
No impacts were concluded to be significant and unavoidable.

6.2 AIR QUALITY
No impacts were concluded to be and significant and unavoidable.

6.3 ENERGY
No impacts were concluded to be and significant and unavoidable.

6.4 GREENHOUSE GAS EMISSIONS
Impact 4.4-1: Significant and Unavoidable Impact
While the proposed Project would not, in and of itself entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, the proposed zoning overlays would accommodate the construction of 1,196 housing units on the Potential Housing Sites.

Construction activities associated with the construction of additional housing units that could occur during implementation of the proposed Project would occur through the horizon year 2045 and would cause short-term GHG emissions. The primary source of emissions is the operation of construction equipment. Before development can occur, each discretionary development project is required to be analyzed for conformance with the General Plan, zoning requirements, and other applicable local and State requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits.

Construction activities associated with the proposed Project would produce combustion emissions from various sources. Construction would emit GHGs through the operation of construction equipment and from worker and builder supply vendor vehicles for the duration of the construction period. The combustion of fossil-based fuels creates GHGs such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Furthermore, the fueling of heavy equipment emits CH4. Exhaust emissions from on-site construction activities would vary daily as construction activity levels change.

SCAQMD does not have an adopted threshold of significance for construction-related GHG emissions. However, lead agencies are required to quantify and disclose GHG emissions that would occur during construction. The SCAQMD then requires the construction GHG emissions to be amortized over the life of the project, defined as 30 years, added to the operational emissions, and compared to the applicable interim GHG significance threshold tier. Since the new housing development allowed under the proposed zoning overlays is assumed, for the purpose of this

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environmental analysis, to be built over a 22-year planning period, the life of the Project would likely be longer than 30 years; however, to be conservative, this analysis still assumes a 30-year life.

Information regarding specific development projects is not yet known; however, due to the scale of development activity associated with the proposed Project, it is assumed that 1,196 housing units would be constructed over the approximately 22-year planning period. Construction emissions were estimated for the Project using CalEEMod. The analysis assumes that construction of the proposed Project would begin in 2023 and end in 2045, which was included in CalEEMod. In addition, this analysis conservatively assumes demolition of the existing structures on the Potential Housing Sites, which would total approximately 485,195 square feet, which was also included in CalEEMod.

Demolition, grading, and building activities would involve the use of standard earthmoving equipment such as large excavators, cranes, and other related equipment.

Using CalEEMod, it is estimated that the proposed Project would generate 20,979.5 MT CO2e during construction. When annualized over the 30-year life of the Project, annual emissions would be 699.3 MT CO2e.

Operations of the proposed Project, including the amortized construction emissions described above, would result in 5,933.1 metric tons of carbon dioxide equivalent per year (MT CO2e/yr), which would exceed the scaled SCAQMD threshold of 975 MT CO2e/yr. Additionally, the proposed Project would result in per service population emissions of 2.5 MT CO2e/yr per service population, which exceeds the SCAQMD’s scaled screening threshold of 1.6 MT CO2e/yr per service population.

However, each discretionary development project is required to be analyzed for conformance with the General Plan, zoning requirements, and other applicable local and State requirements, comply with the requirements of CEQA, and obtain all necessary clearances and permits. While Mitigation Measure MM GHG-1 would serve to reduce GHG emissions associated with build out of the Project, GHG emission impacts would remain significant and unavoidable because compliance with future efficiency targets cannot be assured.

Mitigation Measures: Based upon the analysis presented in Section 4.4, Greenhouse Gas Emissions, of the Draft PEIR, which is incorporated herein by reference, Mitigation Measure MM GHG-1 is feasible and is made binding through the MMRP. Imposition of this mitigation measure will not reduce potentially significant impacts to less than significant. As such, the impact remains significant and unavoidable.

MM GHG-1 Prior to discretionary approval by the City of Laguna Woods (City) for residential development projects subject to California Environmental Quality Act (CEQA) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project-related greenhouse gas (GHG) impacts to the City for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (SCAQMD) methodology. If project-related GHG emissions exceed applicable SCAQMD thresholds of significance and/or statewide GHG reduction targets, the City shall require that applicants for new development projects incorporate mitigation measures to reduce GHG emissions. Mitigation measures could include, but are not limited, to energy efficiency measures, water conservation and efficiency measures, solid waste

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August 2024 Findings of Fact 41
measures, and transportation and motor vehicles measures. The identified measures shall be included as part of the conditions of approval.

Supportive Evidence: Please refer to the Draft PEIR, pages 4.4-21 through 4.4-29.

6.5 LAND USE AND PLANNING
No impacts were concluded to be significant and unavoidable.

6.6 NOISE
No impacts were concluded to be and significant and unavoidable.

6.7 POPULATION AND HOUSING
No impacts were concluded to be and significant and unavoidable.

6.8 PUBLIC SERVICES
No impacts were concluded to be and significant and unavoidable.

6.9 RECREATION
No impacts were concluded to be and significant and unavoidable.

6.10 TRANSPORTATION
No impacts were concluded to be significant and unavoidable.

6.11 UTILITIES
No impacts were concluded to be and significant and unavoidable.

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7.0 FINDINGS REGARDING GROWTH-INDUCING IMPACTS
Section 15126.2(d) of the State CEQA Guidelines requires that an EIR:
“Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.”
Additionally, State CEQA Guidelines Section 15126.2(e) specifies that growth does not necessarily imply impacts that are beneficial, detrimental, or of little significance to the environment. A project that meets any of these criteria may be considered growth inducing. To address these issues, potential growth-inducing effects were examined through analysis of the following questions:
• Would the project remove obstacles to, or otherwise foster, population growth (e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area, or through changes in existing regulations pertaining to land development)? • Would the project foster economic growth?
• Would approval of the project involve some characteristic that may encourage and facilitate other activities that could significantly affect the environment? Approval of the amendments to the General Plan Circulation Element, Land Use Element, and Noise Element, the renaming of the Circulation Element to the Mobility Element, and the zoning amendment are considered policy/planning actions and do not include or facilitate any physical improvements or development. The proposed zoning overlays would allow for the development of residential uses on the Potential Housing Sites. Future development that would be built in accordance with these amendments would accommodate planned regional housing growth included in SCAG’s RHNA. The 2020–2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), from which the RHNA is derived, takes into account demographic and economic changes that have occurred since the adoption of the 2016–2040 RTP/SCS. As a result, at least some degree of economic growth has already been accounted for by the 2020–2045 RTP/SCS and RHNA.

Therefore, the land use changes included under the proposed Project would represent a response to the City’s economic growth rather than a contributor to it.

Future residential uses would replace existing land uses and not induce additional growth or require the extension of roads or other infrastructure because the roads and infrastructure are already in place with adequate capacity to serve the Potential Housing Sites. Thus, any public service or utility demand associated with the proposed Project would not be substantial because it would be located within an area capable of supporting it. The proposed text changes to the Noise Element and the Circulation Element, as well as the proposed name change from the Circulation Element to the Mobility Element, would not facilitate or entitle any physical development that would result in impacts to population growth. Refer to Section 4.7, Population and Housing, for more details. For the reasons stated above, the proposed Project is not considered to be growth-inducing, and therefore, the proposed Project would not result in any growth-inducing impacts.

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August 2024 Findings of Fact 43
Finding: The City adopts CEQA Finding 1.

The City hereby finds that the proposed Project does not directly result in any significant growthinducing impacts. The proposed Project does not include or facilitate any physical improvements or development, and the proposed Project is consistent with planned regional housing growth and planned population growth of the City.

Supportive Evidence: Please refer to the Draft PEIR, pages 6-4 through 6-5.

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8.0 FINDINGS REGARDING PROJECT ALTERNATIVES
The following alternatives were addressed in the Draft PEIR:
• No Project Alternative
• Alternative Development Areas Alternative
• Reduced Density Alternative

8.1 NO PROJECT ALTERNATIVE
Description: State CEQA Guidelines Section 15126.6 requires an evaluation of the “No Project” alternative for decision-makers to compare the impacts of approving a project with the impacts of not approving it. Under the No Project Alternative, the City’s population would remain at existing levels because it is essentially built out. The City would remain the same as existing conditions, which were described in the environmental setting section for each environmental topic. No alterations to the City would occur, and all existing residential development would generally remain in its current condition. None of the impacts of the proposed Project, adverse or beneficial, would occur. The City would not be able to meet its housing obligations as defined by the State RHNA allocations set by the State Department of Housing and Community Development and allocated to cities through regional planning agencies such as SCAG.

The City’s fair share for the planning period between October 1, 2021, and October 1, 2029, (the current adopted RHNA period) was established by SCAG at 997 units. The RHNA target number was based on projected household growth and the resulting need for construction of additional housing units allocated over an 8-year planning period (2021–2029). Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for housing production. California’s housing element law requires that each city and county develop local housing programs to meet its “fair share” of existing and future housing needs. If the City fails to implement its housing element or adopts one that is inadequate, a court can order the City to halt all development until an adequate element is adopted or order approval of specific affordable housing developments. Therefore, this alternative could result in the State taking over control of the City’s Housing Element and implementing minimum zoning requirements to accommodate housing for a diversity of housing to meet the needs of multiple income categories. RHNA compliance by each jurisdiction has received significant oversight by the State Department of Housing and Community Development due to the ongoing housing crisis facing California. Therefore, a No Project Alternative is not possible.

Finding: The City adopts Finding 3.

The City finds that the No Project Alternative would be infeasible to implement because the City would be unable to accommodate its RHNA allocation. Therefore, this alternative was not analyzed in depth in the Draft PEIR.

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Supporting Evidence: Please refer to the Draft PEIR, pages 5-5 through 5-6.

8.2 ALTERNATIVE DEVELOPMENT AREAS ALTERNATIVE
Description: Under the Alternative Development Areas Alternative, alternative locations that would avoid or substantially lessen any of the significant effects of the Project would be considered (State CEQA Guidelines Section 15126.6[f][2][A]). The proposed Project is a General Plan and Zoning Update to accommodate the City’s RHNA allocation. The RHNA allocation is specific to the City and its jurisdiction and assigns a certain amount of housing units for each jurisdiction to accommodate.

The City does not have jurisdiction over areas outside of its boundaries. Laguna Woods is characterized by urban areas, including single-family and multifamily residential uses and small concentrations of commercial, office, open space, and community facilities uses. The City of Laguna Woods is built-out with existing land uses, the majority of which are located within Laguna Woods Village. Other than established residential, office, civic and commercial land uses, portions of the City are reserved for conservation and open space. There are few opportunities to locate additional residential units in alternative locations to those chosen sites and providing the proposed zoning overlay was the only viable option accommodating additional development intensity. In addition, the mitigation applied to the proposed Project and the significant unavoidable impact related to GHG emissions would apply to alternative development areas. Therefore, an alternative development area for the proposed Project is not possible.

Finding: The City adopts Finding 3.

The City finds that the Alternative Development Areas Alternative would be infeasible to implement due to the built-out nature of the City and the lack of available space within the City to accommodate additional residential development. Additionally, alternative development locations would not reduce the significant and unavoidable GHG emissions impact identified under the proposed Project. Therefore, this alternative was not analyzed in depth in the Draft PEIR.

Supporting Evidence: Please refer to the Draft PEIR, page 5-5.

8.3 REDUCED DENSITY ALTERNATIVE
Description: The Reduced Density Alternative would result in a 199-unit reduction of housing development capacity on the Potential Housing Sites. This alternative would reduce the potential residential development capacity from 1,196 dwelling units to 997 dwelling units, which could result in the City’s population increasing by approximately 1,984 residents. This would represent an approximate 17 percent reduction in growth as compared to the Project. All mitigation measures applied to the Project (1,196 dwelling units) would still be required if the proposed zoning overlays were revised to allow for only 997 dwelling units. Because the Reduced Density Alternative would enable the future development of 997 housing units, it would allow the City to meet its RHNA allocation of 997 housing units. The Reduced Density Alternative would eliminate the 199-dwellingunit buffer intended to accommodate the RHNA during the entire planning period given the requirements of the “no net loss” statute. As such, the total housing units facilitated by the Reduced Density Alternative would be 997 as opposed to the 1,196 facilitated under the proposed Project.

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August 2024 Findings of Fact 46
Finding – The City adopts Finding 3.

The City finds that the Reduced Density Alternative would result in environmental impacts on aesthetics, air quality, energy, noise and vibration, population and housing, public services, recreation, transportation, and utilities and service systems to a lesser degree than the proposed Project and to a less than significant level. However, the elimination of 199 dwelling units would result in the Reduced Density Alternative being inconsistent with the State RHNA statute requiring cities to maintain adequate sites to accommodate their unmet housing needs allocation at all times during the planning period (“no net loss”). As a result, the Reduced Density Alternative would result in a significant and unavoidable impact pertaining to Threshold 4.5.2 in Section 4.5, Land Use and Planning, of the Draft PEIR, which would not be capable of mitigation as there would be no way to ensure “no net loss” whilst reducing the number of proposed dwelling units. In addition, as with the proposed Project, impacts related to GHG emissions would remain significant and unavoidable under the Reduced Density Alternative, though slightly less than the proposed Project. Further, the Reduced Density Alternative would be inferior to the proposed Project in meeting one of the Project objectives and would fail to meet another Project objective.

Supporting Evidence: Please refer to the Draft PEIR, pages 5-7 through 5-9.

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August 2024 Findings of Fact 47

9.0 FINDINGS REGARDING THE MITIGATION MONITORING AND

REPORTING PROGRAM
Section 21081.6 of the Public Resources Code requires that when making Findings required by Section 21081(a) of the Public Resources Code, the Lead Agency approving a project shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval, in order to ensure compliance with project implementation and to mitigate or avoid significant effects on the environment. The City hereby finds that:
1) A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the proposed Project, and the mitigation measures are included therein. The MMRP is incorporated herein by reference and is considered part of the record of proceedings for the proposed Project.
2) The MMRP designates responsibility for implementation and monitoring of proposed mitigation measures. The City Manager will serve as the overall MMRP coordinator and will be primarily responsible for ensuring that all mitigation measures are complied with. 3) The MMRP prepared for the proposed Project has been adopted concurrently with these Findings. The MMRP meets the requirements of Section 21021.6 of the Public Resources Code. The City will use the MMRP to track compliance with mitigation measures. The MMRP will remain available for public review during the compliance period.

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10.0 OTHER FINDINGS
The City hereby finds as follows:
1) The foregoing statements are true and correct.
2) The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the Draft PEIR and Final PEIR for the Project. 3) The Notice of Preparation of the Draft PEIR was circulated for public review. It requested that responsible agencies respond as to the scope and content of the environmental information germane to that agency’s specific responsibilities. 4) The public review period for the Draft PEIR was for 45 days between May 9, 2024, and June 23, 2024. The Draft PEIR and appendices were available for public review during that time. A Notice of Completion and copies of the Draft PEIR were sent to the State Clearinghouse, and notices of availability of the Draft PEIR were published by the City. The Draft PEIR was available for review on the City’s website. Physical copies of the environmental documents are available at Laguna Woods City Hall, City Clerk’s Office. 5) The CEQA Documents were completed in compliance with CEQA. 6) The CEQA Documents reflect the City’s independent judgment. 7) The City evaluated comments on environmental issues received from persons and organizations who reviewed the Draft PEIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The Final PEIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the Draft PEIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the Final PEIR.
8) The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period. 9) The CEQA Documents evaluated the following impacts: (1) aesthetics; (2) air quality; (3) energy; (4) greenhouse gas emissions; (5) land use and planning; (6) noise; (7) population and housing; (8) public services; (9) recreation; (10) transportation; and (11) utilities and service systems. Additionally, the CEQA Documents considered, in separate sections, significant irreversible environmental changes and growth-inducing impacts of the Project,

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August 2024 Findings of Fact 49
as well as a reasonable range of Project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents. 10) The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable. 11) The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City Manager will serve as the MMRP Coordinator. 12) In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2.
13) The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents.
14) The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents.
15) Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the Laguna Woods City Hall, City Clerk’s Office, the custodian of record for such documents or other materials. 16) The responses to the comments on the Draft PEIR, which are contained in the Final PEIR, clarify and amplify the analysis in the Draft PEIR.
17) Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the Final PEIR. 18) Having received, reviewed and considered all information in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency.

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11.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Public Resources Code Section 21081(b), and State CEQA Guidelines Section 15093(a) and (b), the decision-making agency is required to balance, as applicable, the economic, legal, social, technological, or other benefits of the project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 California Code of Regulations [CCR] Section 15093 (a)). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (14 CCR Section 15093(b)).

Courts have upheld overriding considerations that were based on a variety of policy considerations including, but not limited to, new jobs, stronger tax base, and implementation of an agency’s economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformity to community plan, and provision of construction jobs; see Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v.

Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v City of San Diego (1984) 155 Cal App. 3d 1037; and Markley v. City Council (1982) 131 Cal App.3d 656.

In accordance with the requirements of CEQA and the State CEQA Guidelines, the City finds that the mitigation measures identified in the Final PEIR and the Mitigation Monitoring and Reporting Program (MMRP), when implemented, would avoid, or substantially lessen all of the significant effects identified in the Final PEIR for the Laguna Woods General Plan and Zoning Code Update (Project). However, certain significant impacts of the Project are unavoidable even after incorporation of all feasible mitigation measures.

These significant unavoidable impacts would result from GHG impacts because compliance with future efficiency targets cannot be assured. The Project would implement the development-specific GHG mitigation measures identified in this analysis (MM GHG-1), which sets forth procedures for project-specific technical assessment of potential project-related GHG impacts and mitigation measures to reduce GHG emissions. Based on the analysis presented here, a significant and unavoidable impact would occur even after mitigation.

The City finds that all feasible mitigation measures identified in the Final PEIR that are within the purview of the City would be implemented with the Project. The City further finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the Final PEIR, and the record.

The City finds that any one of the benefits set forth below is sufficient by itself to warrant approval of the Project. This determination is based on the Findings herein and the evidence in the record.

The following economic, legal, social, or technological benefits, independent of the other benefits, override the potential significant unavoidable adverse impacts and render acceptable each of the

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August 2024 Findings of Fact 51
unavoidable adverse environmental impacts. Having balanced the unavoidable adverse environmental impacts against each of the benefits, the City hereby adopts this Statement of Overriding Considerations for the following reasons:

1. All feasible mitigation measures have been imposed to lessen Project impacts to less than significant levels; alternatives to the Project are infeasible because while they have similar or less environmental impacts, they do not provide the economic benefits of the Project, or are otherwise socially or economically infeasible when compared to the Project.

2. The Project would accommodate a variety of housing types to meet the needs of all Laguna Woods residents, creating opportunities for attainably priced housing for all income groups.

3. The Project would amend the City’s General Plan and Zoning Code to provide adequate potential housing sites with corresponding density to meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 997 housing units, inclusive of prior planning cycle carryover housing units.

4. The Project would also include a 199-dwelling-unit buffer sufficient to accommodate the RHNA during the entire planning period given the requirements of the “no net loss” statute.

5. The Project would accommodate the appropriate distribution of new multi-family housing throughout the City.

6. The Project would permit well-designed in-fill development that protects and enhances the quality of life and character of established neighborhoods and promotes healthy and safe living environments.

7. The Project would decrease reliance on the automobile and encourage active lifestyles through policies and in-fill development that increase the safety, convenience, and integration of multiple transportation modes.

8. The Project would minimize exposure of sensitive noise receptors to the detrimental effects of excessive noise from new development by incorporating noise considerations into land use planning decisions.

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ITEM 8.1
Exhibit B to Attachment A
Final PEIR – Response to Comments, Errata, and Mitigation Monitoring and Reporting Program
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August 2024
FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT –

RESPONSE TO COMMENTS, ERRATA, AND

MITIGATION MONITORING AND REPORTING

PROGRAM

LAGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

LAGUNA WOODS, CALIFORNIA
SCH #2022080022
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August 2024
FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT –

RESPONSE TO COMMENTS, ERRATA, AND

MITIGATION MONITORING AND REPORTING

PROGRAM

LAGUNA WOODS GENERAL PLAN AND ZONING CODE UPDATE

LAGUNA WOODS, CALIFORNIA
SCH #2022080022
Submitted to:

City of Laguna Woods
24264 El Toro Road
Laguna Woods, California 92637
Prepared by:

LSA
3210 El Camino Real, Suite 100
Irvine, California 92602
(949) 553-0666
Project No. LWD2102.03
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P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24)

TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii

1.0 INTRODUCTION................................................................................................ 1-1

1.1 Index of Comments Received............................................................................................ 1-3

1.2 Format of Responses to Comments.................................................................................. 1-3

2.0 RESPONSES TO COMMENTS ............................................................................. 2-1

2.1 State Agencies................................................................................................................... 2-1

2.1.1 California Governor’s Office of Emergency Services (Cal OES)............................................2-7

2.1.2 California State Transportation Agency (Caltrans) District 12...........................................2-17

2.2 Local Agencies ................................................................................................................. 2-23

2.2.1 City of Irvine ......................................................................................................................2-28

2.3 Organizations .................................................................................................................. 2-29

2.3.1 Agua Caliente Band of Cahuilla Indians (Agua Caliente Band) ..........................................2-34

3.0 ERRATA............................................................................................................ 3-1

3.1 Global Figure Revision Pertaining to the Location of The El Toro Water District Northline Sewage Lift Station (Site 28) ............................................................................. 3-1

3.2 Chapter 1.0, Executive Summary ...................................................................................... 3-9

3.3 Section 4.1, Aesthetics .................................................................................................... 3-12

3.4 Appendix A to the Draft PEIR .......................................................................................... 3-12

4.0 MITIGATION MONITORING AND REPORTING PROGRAM .................................. 4-1

4.1 Mitigation Monitoring Requirements ............................................................................... 4-1

4.2 Mitigation Monitoring Procedures ................................................................................... 4-2 TABLE
Table A: Comments Received During the Public Comment Period..................................................... 1-3

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P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24)

LIST OF ABBREVIATIONS AND ACRONYMS
AB Assembly Bill
Agua Caliente Band Agua Caliente Band of Cahuilla Indians APN Assessor’s Parcel Number
Cal OES California Governor’s Office of Emergency Services Caltrans California Department of Transportation
CEQA California Environmental Quality Act
City City of Laguna Woods
DIB Caltrans Design Information Bulletin
LHMP Local Hazard Mitigation Plan
MM Mitigation Measure
MPAH Master Plan of Arterial Highways
NOA Notice of Availability
NOC Notice of Completion
NOP Notice of Preparation
PEIR Program Environmental Impact Report
PRC California Public Resources Code
Project Laguna Woods General Plan and Zoning Update
RCM Regulatory Compliance Measure
ROW right-of-way
TIS Traffic Impact Study
VMT Vehicle Miles Traveled

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P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24)

1.0 INTRODUCTION
This document comprises the Final Program Environmental Impact Report (PEIR) for the proposed Laguna Woods General Plan and Zoning Update (herein referred to as the “Project” or “proposed Project”). It is composed of comments received during the public review period, responses to those comments, and an Errata section that clarifies, amplifies, or makes minor modifications to the Draft PEIR text. The Draft PEIR and technical appendices are provided separately.

In accordance with the California Environmental Quality Act (CEQA) (State CEQA Guidelines Section 15060), the City of Laguna Woods (City) has determined that the Project would have a potentially significant effect on the environment and a PEIR was required to assess Project-related impacts. Pursuant to State CEQA Guidelines Section 15063, an Initial Study was not required for the proposed Project, and the City elected to begin work directly on the PEIR in lieu of further initial review. Because an Initial Study was not prepared for the Project, the PEIR addressed each of the environmental issues identified in Appendix G of the State CEQA Guidelines:
x Aesthetics x Land Use and Planning
x Agriculture and Forestry Resources x Mineral Resources x Air Quality x Noise
x Biological Resources x Population and Housing
x Cultural Resources x Public Services
x Energy x Recreation
x Geology and Soils x Transportation
x Greenhouse Gas Emissions x Tribal Cultural Resources
x Hazards and Hazardous Materials x Utility and Service Systems x Hydrology and Water Quality x Wildfire
Of these topics, the proposed Project was not anticipated to result in impacts related to Agriculture and Forestry Resources, Biological Resources, Geology and Soils, Hydrology and Water Quality, and Mineral Resources. As such, the discussion of these topics in the PEIR remained brief.

In compliance with Section 15201 of the State CEQA Guidelines, the City has provided opportunities for public participation in the environmental process. The City distributed a Notice of Preparation (NOP) on August 1, 2022, to the California State Clearinghouse, responsible agencies, and interested parties for a 30-day public review period (from August 1, 2022, to August 30, 2022). The City also made the NOP available on the City’s website to inform agencies and the public about the proposed Project and to solicit input on the scope of the Draft PEIR. The NOP described the Project and identified potential environmental impacts associated with Project implementation. Further, a public scoping meeting was held on August 16, 2022, at 2:00 p.m., at Laguna Woods City Hall. Comments received during the public review of the NOP have been previously identified and summarized in Table 1.A, Notice of Preparation Comments, located in Chapter 1.0 of the Draft PEIR. The NOP and all comments received are provided in Appendix A of the Draft PEIR. No comments were received during the public scoping meeting. The public scoping meeting materials are provided in Appendix A to the Draft PEIR.

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1-2 P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24) In addition to the public scoping meeting, City staff was invited to make a presentation at a board meeting of the Golden Rain Foundation of Laguna Woods, a nonprofit mutual benefit corporation responsible for providing services and community facilities within Laguna Woods Village. The Golden Rain Foundation of Laguna Woods is also the property owner of record for Site 20, which is identified in the Draft PEIR for a land use designation change and rezoning to reflect existing uses. The board meeting was open to members of Laguna Woods Village and broadcast on Laguna Woods Village’s television Channel 6. The presentation slides used at this meeting, which took place on June 4, 2024, are included in Appendix A to the Draft PEIR. The revised Appendix A is provided in the Errata section of this Final PEIR.

CEQA requires a Draft PEIR to have a review period lasting at least 45 days for projects that have been submitted to the California State Clearinghouse for review (State CEQA Guidelines Section 150105(a)).

As required by State CEQA Guidelines Section 15087, the City provided a public Notice of Availability (NOA) of the Draft PEIR for the proposed Project at the same time it filed a Notice of Completion (NOC) with the State Clearinghouse. The Draft PEIR was circulated for public review for a period of 45 days, from May 9, 2024, through June 23, 2024.

The City used several public approaches to solicit comments on the Draft PEIR. The City published the NOA with the Laguna Woods Globe newspaper on May 9, 2024, and May 16, 2024. The NOA was mailed to the last known name and address of agencies, organizations, and individuals who previously requested such notice in writing as well as all property owners within a 300-foot radius of the Project site. The City submitted the Draft PEIR to the State Clearinghouse for distribution to, and review by, State agencies. The City made hard copies of the Draft PEIR available at the City of Laguna Woods City Hall and OC Public Libraries’ Laguna Woods Branch Library. In addition, the City posted the Draft PEIR and all technical appendices on the City’s website.

The City received four comment letters on the Draft PEIR. Comments were received from State agencies, local agencies, and organizations. The comments are included in and responded to in this Final PEIR. Comments that address environmental issues are responded to thoroughly. Comments that (1) do not address the adequacy or completeness of the Draft PEIR; (2) do not raise environmental issues; or (3) do request the incorporation of additional information not relevant to environmental issues do not require a response, pursuant to Section 15088(a) of the State CEQA Guidelines.

Section 15088 of the State CEQA Guidelines, Evaluation of and Response to Comments, states:
a) The lead agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The lead agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments. b) The written response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, major environmental issues raised when the lead agency’s position is at variance with recommendations and objections raised in the comments must be addressed in detail, giving the reasons that specific 1-3

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P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24) comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice.
c) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR. Where the response to comments makes important changes in the information contained in the text of the draft EIR, the lead agency should either:

1. Revise the text in the body of the EIR; or

2. Include marginal notes showing that the information is revised in the responses to comments.

Information provided in this Final PEIR clarifies, amplifies, or makes minor modifications to the Draft PEIR. No significant changes have been made to the information contained in the Draft PEIR as a result of further review of, and public comments related to, the Draft PEIR, and no significant new information has been added that would require recirculation of the document pursuant to State CEQA Guidelines Section 15088.5. This Final PEIR also includes an Errata section that clarifies and makes minor modifications to the Draft PEIR as a result of further review and comments received during the public review period.

1.1 INDEX OF COMMENTS RECEIVED
The following is an indexed list of the agencies and individuals that commented on the Draft PEIR. The comments received have been organized in a manner that facilitates finding a particular comment or set of comments. Each comment letter received is indexed or coded with a number as shown in Table A below.

Table A: Comments Received During the Public Comment Period Comment Code Signatory Date
State
S-1 California Governor’s Office of Emergency Services (Cal OES) 6/10/2024 S-2 California State Transportation Agency (Caltrans) District 12 6/20/2024 Local
L-1 City of Irvine 6/20/2024
Organizations (not affiliated with government agencies) O-1 Agua Caliente Band of Cahuilla Indians (Agua Caliente Band) 5/29/2024 Source: LSA (2024).

1.2 FORMAT OF RESPONSES TO COMMENTS
Responses to each of the indexed/coded comment letters are provided on the following pages. The comment code is provided in the upper right corner of each comment letter, and individual comments within each letter are numbered along the right-hand margin of each letter. The City’s responses to each comment letter immediately follow each letter and are referenced by the index numbers in the margins. As noted in some of the responses, the City has made some text revisions to the Draft PEIR as a result of further review of the document. Proposed revisions to the Draft PEIR are included in Chapter 3.0, Errata.

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2.0 RESPONSES TO COMMENTS

2.1 STATE AGENCIES

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P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24) S-1 California Governor’s Office of Emergency Services (Cal OES)

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You don't often get email from [email protected]. Learn why this is important From: Braucher, Annika@CalOES <[email protected]> Sent: Monday, June 10, 2024 11:05 AM
To: Chris Macon <[email protected]>
Cc: CalOES Mitigation Planning <[email protected]>; LaMar-Haas, Victoria@CalOES <[email protected]>; Boemecke, Wendy@CalOES <[email protected]>; Raether, Constantin@CalOES <[email protected]>
Subject: Laguna Woods General Plan Update
Good morning,
The California Governor’s Office of Emergency Services (Cal OES) Local Hazard Mitigation Planning Team has taken the time to review the proposed updates/ changes to your General Plan. Government Code 65302(g)(8) states “before preparing or revising its Safety Element, each city and county shallFRQVXOW«WKH 2IILFHRI(PHUJHQF\6HUYLFHVIRUWKHSXUSRVHRILQFOXGLQJLQIRUPDWLRQNQRZQE\ DQGDYDLODEOHWRWKHGHSDUWPHQWµ
Please note, the jurisdiction must have an approved and adopted Hazard Mitigation Plan to become AB 2140 compliant. According to our files, the City of Laguna Wood’s Local Hazard Mitigation Plan (LHMP) expired May 27, 2018.

AB 2140 compliance is not a requirement; however, if the county is compliant, it is eligible to be considered for an up to an additional 6.25% local share to be funded by the state, essentially covering the entire local-share cost for eligible Public Assistance projects in the future.

For the City of Laguna Woods to be AB 2140 compliant we need the following items from the below checklist:

AB 2140 Compliance Checklist
v Has a current, FEMA-approved, or approvable pending adoption (APA) LHMP.
v )RUPDOO\DGRSWHGWKH/+03YLDUHVROXWLRQ
v )RUPDOO\DGRSWHGWKHPRVWFXUUHQWDSSURYHG/+03LQWRWKH6DIHW\ (OHPHQWRI\RXU*HQHUDO3ODQYLDUHVROXWLRQ
v ,QFOXGHGODQJXDJHZLWKLQWKH6DIHW\(OHPHQWRI\RXU*HQHUDO3ODQWKDW UHIHUHQFHV\RXU/+03
v ,QFOXGHGDZHEOLQNDSSHQGL[RUODQJXDJHZLWKLQWKH6DIHW\(OHPHQW WKDWGLUHFWVWKHSXEOLFWRWKHPRVWFXUUHQWDSSURYHG/+03LQLWVHQWLUHW\ v (PDLOHGWKHOLQNWRWKHXSGDWHG*HQHUDO3ODQ6DIHW\(OHPHQWZHESDJH DORQJZLWKWKHVLJQHGDGRSWLRQUHVROXWLRQ
V
WRWKH&DO2(6$%
LQER[DE#FDORHVFDJRYIRUUHYLHZDQGDSSURYDO
3OHDVHUHDFKRXWWR\RXRXURIILFHDWPLWLJDWLRQSODQQLQJ#FDORHVFDJRYLI\RX KDYHDQ\IXUWKHUTXHVWLRQVRUQHHGDGGLWLRQDODVVLVWDQFH Comment Letter S-1
S-1-1
S-1-2
S-1-3
S-1-4
S-1-5
Thank you,
Annika Braucher, Environmental Planner
Local Mitigation Planning | Recovery Directorate
California Governor’s Office of Emergency Services
(916) 639-3619|[email protected]
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2.1.1 California Governor’s Office of Emergency Services (Cal OES) Comment Code: S-1
Date: June 10, 2024
Response to Comment S-1-1
This comment notes that the Cal OES Local Hazard Mitigation Planning Team has reviewed the proposed General Plan updates, and notes that Section 65302(g)(8) requires lead agencies to consult with Cal OES prior to preparing or revising their Safety Elements.

The City of Laguna Woods (City) acknowledges this comment. Given that the comment does not raise any specific issues regarding the Draft Program Environmental Impact Report (PEIR) or the analysis contained therein, no further response is necessary.

Response to Comment S-1-2
This comment states that the City’s Local Hazard Mitigation Plan (LHMP), which is necessary in order to ensure compliance with Assembly Bill (AB) 2140, expired on May 27, 2018.

The City acknowledges that its LHMP has expired. The City may undertake the preparation of an updated LHMP at some point in the future. Given that the comment does not raise any specific issues regarding the Draft PEIR or the analysis contained therein, no further response is necessary.

Response to Comment S-1-3
This comment notes that AB 2140 compliance is not a requirement, but compliant counties are eligible for consideration for increased State funding, which would essentially cover the entire local-share cost for eligible Public Assistance projects.

The City acknowledges this comment. Given that the comment does not raise any specific issues regarding the Draft PEIR or the analysis contained therein, no further response is necessary.

Response to Comment S-1-4
This comment provides a compliance checklist containing items that the City would need to accomplish in order to be compliant with AB 2140.

The City acknowledges that its LHMP has expired. The City may pursue items listed on the AB 2140 compliance checklist at some point in the future. No further response is necessary.

Response to Comment S-1-5
This comment provides concluding remarks and contact information should the City have any questions.

The City acknowledges this comment and looks forward to further communications with Cal OES.

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P:\LWD2102.03\04.5 - Final EIR\City Comments 7-7-24\2024-07-22_LSA - LWD Final EIR RTC.docx (07/23/24) S-2 California State Transportation Agency (Caltrans) District 12

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“Provide a safe and reliable transportation network that serves all people and respects the environment” STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM., Governor

DEPARTMENT OF TRANSPORTATION
DISTRICT 12
1750 EAST FOURTH STREET, SUITE 100
SANTA ANA, CA 92705
PHONE (657) 328-6000
FAX (657) 328-6522
TTY 711
www.dot.ca.gov/caltrans-near-me/district12
Making Conservation
a California Way of Life.

June 20, 2024
Mr. Christopher Macon
City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
File: LDR/CEQA
SCH#: 2022080022
12-ORA-2022-02590
Dear Mr. Macon,
Thank you for including the California Department of Transportation (Caltrans) in the review of the Draft Program Environmental Impact Report for the Laguna Woods General Plan and Zoning Code Update in the City of Laguna Woods (City). The mission of Caltrans is to provide a safe and reliable transportation network that serves all people and respects the environment.

The plan proposes the creation of four new overlay zoning districts that allow housing development, rezoning of 17 properties, update to the General Plan Land Use, Mobility, and Noise Elements among additional discretionary actions. Regional access to the project area is provided by State Route 261(SR 261), State Route 241 (SR 241), State Route 133 (SR 133), State Route 73 (SR 73), and Interstate 5 (I-5). Caltrans is a commenting agency for this project and upon review, we have the following comments:

1. Our previous comments in the Caltrans letter dated August 30, 2022 for the Notice of Preparation still apply.

2. In Section 4.5.6 Project Impacts (Page 4.5-9), the section emphasizes the city’s commitment to having an equitable transportation system that meets the needs of all users. Please ensure that would include pedestrian improvements that are inclusive for all types of pedestrians with differing needs, such as those who walk more slowly, need more crossing time, have visual impairments, wheelchairs, strollers, etc.

3. Caltrans supports the Circulation Element’s Objective 1 to “improve and expand transportation options within the City and to destinations outside the city.” The Department strives to make rail and transit modes of transportation a viable option for all. Caltrans supports transportation projects that bring all modes of transportation together to increase connectivity, expand the use of public transportation, and advance equity and livability in all communities.

Providing improved multimodal connections to housing will improve public health and can encourage Irvine residents, future visitors, and workers to utilize Comment Letter S-2
S-2-1
S-2-2
S-2-3
S-2-4
City of Laguna Woods
June 20, 2024