Laguna Woods City Council
October 14, 2024

CITY of LAGUNA WOODS

CITY COUNCIL
AGENDA
Adjourned Regular Meeting
Monday, October 14, 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 10/10/24
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda  10/14/2024 Adjourned 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 (on a computer)
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: 894 9893 6970
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 441367
• 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. Zoom (on a telephone)
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. • Call (669) 444-9171 or (253) 205-0468
• Follow the prompts and provide the information required by Zoom • When prompted for a webinar ID enter: 894 9893 6970
• When prompted for a passcode enter: 441367
Please note that your telephone number and information you enter into Zoom may be publicly visible and/or visible to other persons. No party should expect privacy of such information.

3. 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.

4. 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 Laguna Woods City Council Agenda  10/14/2024 Adjourned Regular Page 5 of 13 applicable speaker cards and in comments/testimony. Speakers are advised that their names and any information submitted on speaker cards or otherwise provided in writing to the City may be disclosed or become a matter of public record. No speaker should expect privacy of such information.

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

4.1 Annual Senior Mobility Program Report
Recommendation: Receive and file the Annual Senior Mobility Program Report for Fiscal Year 2023-24.

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 September 2024.

VII. CONSENT CALENDAR
About the Consent Calendar: All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council or City staff requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action. Members of the public may address the City Council on items appearing on the Consent Calendar regardless of whether an item is removed for separate discussion and consideration of action.

7.1 City Council Minutes
Recommendation: Approve the City Council meeting minutes for the regular meeting on September 18, 2024.

7.2 Payment Register
Recommendation: Approve the payment register dated October 14, 2024 in the amount of $757,209.20.

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, AMENDING AND
ADOPTING THE FISCAL YEARS 2023-25 BUDGET AND
WORK PLAN FOR FISCAL YEAR 2023-24 COMMENCING
JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL
YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING STATE OF

CALIFORNIA GRANTS FUND APPROPRIATIONS FOR

CERTAIN WASTE AND RECYCLING WORK TO BE
FUNDED BY CALIFORNIA SENATE BILL 1383 LOCAL
ASSISTANCE GRANT PROGRAM (OWR1) FUNDS, AND

INCREASING GENERAL FUND AND SENIOR MOBILITY

FUND APPROPRIATIONS FOR THE SENIOR MOBILITY

PROGRAM

7.4 Automated License Plate Recognition Systems
Recommendation: Approve a master services agreement and order form with Flock Group, Inc. for Flock Safety hardware products, software products, and professional services, including automated license plate readers, and authorize the City Manager to execute the master services agreement and order form, subject to approval as to form by the City Attorney.

Laguna Woods City Council Agenda  10/14/2024 Adjourned Regular Page 7 of 13

7.5 Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8
Recommendation:

1. Adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, AMENDING AND
ADOPTING THE FISCAL YEARS 2023-25 BUDGET AND
WORK PLAN FOR FISCAL YEAR 2023-24 COMMENCING
JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL
YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING GENERAL FUND

AND CAPITAL PROJECTS FUND APPROPRIATIONS FOR
THE “AMERICANS WITH DISABILITIES ACT (ADA)

PEDESTRIAN ACCESSIBILITY IMPROVEMENT
PROJECT: PHASE 8”
AND

2. Approve a grant of easement (temporary construction
easement) with Laguna Country United Methodist Church for certain real property located in the city of Laguna Woods, more particularly described as Assessor’s Parcel Number (APN) 621- 121-23, to enable the City to complete the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8, and authorize the Mayor to execute the grant of easement and accept the grant of easement on behalf of the City, subject to approval of the grant of easement as to form by the City Attorney.

AND

3. Approve a grant of easement (temporary construction
easement) with Temple Judea of Laguna Hills for certain real property located in the city of Laguna Woods, more particularly described as Assessor’s Parcel Number (APN) 621-121-18, to enable the City to complete the Americans with Disabilities Act

(ADA) Pedestrian Accessibility Improvement Project: Phase 8, and authorize the Mayor to execute the grant of easement and accept the grant of easement on behalf of the City, subject to approval of the grant of easement as to form by the City Attorney.

7.6 City Hall Refurbishment and Safety Project: Phase 4 Recommendation:

1. Approve the “City Hall Refurbishment and Safety Project:

Phase 4” design plans and specifications as prepared by the project architect and their licensed professionals.

AND

2. Approve a notice of exemption for the “City Hall
Refurbishment and Safety Project: Phase 4” finding that the project is categorically exempt from the California
Environmental Quality Act (CEQA) and authorize the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND

3. Award a contract agreement to Estate Design and Construction, Inc. for the construction of the “City Hall Refurbishment and Safety Project: Phase 4”, in the amount of $448,800, plus authorized change orders not to exceed 15% ($67,320) of the base amount; and authorize the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

7.7 Ridge Route Drive Drainage Repair Project
Recommendation:

1. Approve the “Ridge Route Drive Drainage Repair Project” Laguna Woods City Council Agenda  10/14/2024 Adjourned Regular Page 9 of 13 design plans and specifications as prepared by the project engineer.

AND

2. Approve a notice of exemption for the “Ridge Route Drive Drainage Repair Project” finding that the project is
categorically exempt from the California Environmental
Quality Act (CEQA) and authorize the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND

3. Award a contract agreement to Palp, Inc. DBA Excel Paving Company for the construction of the “Ridge Route Drive
Drainage Repair Project”, in the amount of $162,860, plus authorized change orders not to exceed 15% ($24,429) of the base amount; and authorize the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

7.8 Rejection of Claim Against the City
Recommendation: Reject the following claim against the City:

Foster vs. City of Laguna Woods,
Claimant: Donna Foster
VIII. PUBLIC HEARINGS

8.1 Traffic Violator Apprehension Program Fee
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, REPEALING
RESOLUTION NO. 21-04; ADOPTING A MODIFIED

ADMINISTRATIVE FEE TO RECOVER NO MORE THAN
THE ORANGE COUNTY SHERIFF’S DEPARTMENT’S

REASONABLE ADMINISTRATIVE COSTS RELATING TO

THE REMOVAL, IMPOUND, STORAGE, OR RELEASE OF

VEHICLES PROPERLY IMPOUNDED PURSUANT TO
THE CALIFORNIA VEHICLE CODE (“TRAFFIC
VIOLATOR APPREHENSION PROGRAM FEE”); AND,

DETERMINING THAT THE FEE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

8.2 Speed Limits on City Roadways
Recommendation:

1. Receive staff report.

AND

2. Open public hearing.

AND
Laguna Woods City Council Agenda  10/14/2024 Adjourned Regular Page 11 of 13

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
SECTION 8.06.010 OF THE LAGUNA WOODS MUNICIPAL

CODE TO ADOPT AND ESTABLISH SPEED LIMITS FOR

EL TORO ROAD, MOULTON PARKWAY, RIDGE ROUTE

DRIVE, AND SANTA MARIA AVENUE, INCLUDING

REDUCED SPEED LIMITS ON EL TORO ROAD BETWEEN
ALISO CREEK ROAD AND CALLE SONORA, AND REESTABLISHMENT OF ALL OTHER EXISTING SPEED

LIMITS , AND DETERMINING AND CERTIFYING THAT

THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
IX. CITY COUNCIL BUSINESS

9.1 Fiscal Years 2023-34 Capital Improvement Program
Recommendation:

1. Receive and file a quarterly report on the status of the Fiscal Years 2023-34 Capital Improvement Program and potential amendments thereof.

AND

2. Provide input to the City Manager on potential amendments of the Fiscal Years 2023-34 Capital Improvement Program.

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 (CJPIA) Annual Risk Management Educational Forum – October 9-11, 2024
(Councilmembers Conners, McCary, and Moore)
• Other Comments and Reports
XI. CLOSED SESSION
Laguna Woods City Council Agenda  10/14/2024 Adjourned Regular Page 13 of 13 Closed Session Note: While members of the public are not permitted to attend closed session, prior to convening in closed session, the City Council will accept public comments on items appearing on the closed session agenda.

XII. CLOSED SESSION REPORT
XIII. ADJOURNMENT
Next Regular Meeting: Wednesday, November 20, 2024 at 2 p.m.

Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
This page is intentionally blank.

4.1 ANNUAL SENIOR MOBILITY PROGRAM
REPORT
This page is intentionally blank.

The Senior Mobility Program subsidizes the cost of taxi travel for Laguna Woods residents who are at least 60 years of age. Made possible, in part, with the generous support of the Orange County Transportation Authority and Orange County’s Measure M2 (OC Go) half-cent sales tax, the Senior Mobility Program promotes lifelong mobility through the provision of affordable, older adult-oriented transportation services.

C I T Y O F L A G U N A W O O D S
Senior Mobility Program
Annual Report - Fiscal Year 2023-24
(July 1, 2023 - June 30, 2024)
Enrollment
This represents approximately

26.9% of Laguna Woods
residents who are at least 60
years of age (2020 U.S. Census).
4,325 76.9 77.0
Average Age
of Participants
This is based on the age of
participants at the time of
enrollment.

Median Age
of Participants
For comparison, the median age
of Laguna Woods residents is 74.9
(2020 U.S. Census).

TAXI

TAXI TAXI

TAXI TAXI
City Hall/Public Library
Irvine Station
John Wayne Airport
VA Long Beach
38,530.37
Miles Traveled
Other; over 10 miles
Taxi Travel Provided
14,419 Trips (One-Way) 119,352. Total: 02 Miles Traveled 82 Trips (One-Way)
143.80
Miles Traveled
19,780.68
Miles Traveled
1,554
Trips (One-Way)
Other; up to 10 miles
8,861
Trips (One-Way)
1,942.30
Miles Traveled
322
Trips (One-Way)
851
Miles Traveled
29 Trips (One-Way)
58,103.87
Miles Traveled
3,571
Trips (One-Way)
Destinations Outside Laguna Woods
This heat map identifies the extent and frequency of taxi travel provided to destinations outside Laguna Woods.

Laguna Woods residents traveled to all 33 other Orange County cities, Orange County unincorporated areas, and VA Long Beach.

Fiscal Year 2023-24

6.1 CITY TREASURER’S REPORT
This page is intentionally blank.

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 September 30, 2024

BY INVESTMENT TYPE
Cash and
Cash Equivalents
$
625,201

4.47% of portfolio
Pooled Money
Investment Accounts
$
6,899,917

49.33% of portfolio
This includes investments in state and county
(local) government investment pools.

Investments -
Earning
$
6,463,415

46.20% of portfolio
This includes certificates of deposit.

BY FUND
General Fund (Operating) $
6,967,468
General Fund (Reserves) $
3,753,700
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 $
3,267,365
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 September 30, 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
September 2024
(prepared 10/7/24)
California Employers’
Pension Prefunding Trust Fund
(CEPPT)
$
181,387
• New Contributions $
0 • Gain/(Loss) from
Month Prior
$
3,468
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. $
148,722
$
0 $
2,931
Total (All Funds) $
13,988,533 Total (All Funds) $
13,988,533
This page is intentionally blank.

7.0 CONSENT CALENDAR SUMMARY
This page is intentionally blank.

ITEM 7.0
CC  10-14-2024 ARM Consent Calendar Summary – AR Page 1 of 5 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: October 14, 2024 Adjourned Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the October 14, 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 October 14, 2024 Consent Calendar contains the following items:

7.1 Approval of the City Council meeting minutes for the regular meeting on September 18, 2024.

7.2 Approval of the payment register dated October 14, 2024 in the amount of $757,209.20. A list of payments is included in the agenda packet; detailed information about individual payments is available at or from City Hall.

7.3 Adoption of a resolution amending and adopting the Fiscal Years 2023-25 Budget and Work Plan for Fiscal Year 2023-24 commencing July 1, 2023 ITEM 7.0
Consent Calendar Summary – AR Page 2 of 5 CC  10-14-2024 ARM and ending June 30, 2024, and Fiscal Year 2024-25 commencing July 1, 2024 and ending June 30, 2025, increasing State of California Grants Fund appropriations for certain waste and recycling work to be funded by California Senate Bill 1383 Local Assistance Grant Program (OWR1) funds, and increasing General Fund and Senior Mobility Fund appropriations for the Senior Mobility Program. The proposed resolution would (1) increase appropriations for the State of California Grants Fund by $710 to allow interest earnings on a previously received waste and recycling grant to be expended, and (2) increase appropriations for the Senior Mobility Fund by $150,000 to meet demand and provide sufficient cash flow for the Senior Mobility Program’s direct costs through the end of the calendar year. Staff is continuing to assess the Senior Mobility Program’s future financial needs and is awaiting notice from the Orange County Transportation Authority regarding the status of the City’s grant application for Enhanced Mobility for Seniors and Disabled funding to support direct transportation costs.

7.4 Approval of a master services agreement and order form with Flock Group, Inc. for Flock Safety hardware products, software products, and professional services, including automated license plate readers, and authorization for the City Manager to execute the master services agreement and order form, subject to approval as to form by the City Attorney. At the adjourned regular meeting on June 5, 2024, the City Council adopted Administrative Policy

3.6, which establishes standards and guidelines related to the use of automated license plate recognition systems. The proposed master services agreement and order form is with a vendor the Orange County Sheriff’s Department is familiar with and uses elsewhere in its Southwest Operations area of responsibility. Four automated license plate readers would be installed at locations identified by the City Manager following consultation with the Orange County Sheriff’s Department. Sufficient funds to support the recommended action could be accommodated within the existing Fiscal Years 2023-25 Budget. No new or increased appropriations are sought as part of this agenda item.

7.5 [1] Adoption of a resolution amending and adopting the Fiscal Years 2023- 25 Budget and Work Plan for Fiscal Year 2023-24 commencing July 1, 2023 and ending June 30, 2024, and Fiscal Year 2024-25 commencing July 1, 2024 and ending June 30, 2025, increasing General Fund and Capital Projects Fund appropriations for the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8.

ITEM 7.0
CC  10-14-2024 ARM Consent Calendar Summary – AR Page 3 of 5 AND
[2] Approval of a grant of easement (temporary construction easement) with Laguna Country United Methodist Church for certain real property located in the city of Laguna Woods, more particularly described as Assessor’s Parcel Number (APN) 621-121-23, to enable the City to complete the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8, and authorization for the Mayor to execute the grant of easement and accept the grant of easement on behalf of the City, subject to approval of the grant of easement as to form by the City Attorney.

AND
[3] Approval of a grant of easement (temporary construction easement) with Temple Judea of Laguna Hills for certain real property located in the city of Laguna Woods, more particularly described as Assessor’s Parcel Number (APN) 621-121-18, to enable the City to complete the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8, and authorization for the Mayor to execute the grant of easement and accept the grant of easement on behalf of the City, subject to approval of the grant of easement as to form by the City Attorney.

The Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 generally consists of improving driveways and sidewalks on Moulton Parkway, including reconstruction of two driveways providing access to Laguna Country United Methodist Church and Temple Judea. The recommended action would approve two temporary construction easements (attachments B and C) that are necessary to construct the project, as well as additional appropriations in the amount of $1,000 that are required to obtain the temporary construction easement with Temple Judea (Attachment A). The additional appropriations would be transferred from the unassigned General Fund balance to the Capital Projects Fund.

7.6 [1] Approval of the “City Hall Refurbishment and Safety Project: Phase 4” design plans and specifications as prepared by the project architect and their licensed professionals.

AND
ITEM 7.0
Consent Calendar Summary – AR Page 4 of 5 CC  10-14-2024 ARM [2] Approval of a notice of exemption for the “City Hall Refurbishment and Safety Project: Phase 4” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorization for the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND
[3] Award of a contract agreement to Estate Design and Construction, Inc. for the construction of the “City Hall Refurbishment and Safety Project:

Phase 4”, in the amount of $448,800, plus authorized change orders not to exceed 15% ($67,320) of the base amount; and authorization for the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

An agenda report is included with additional information.

7.7 [1] Approval of the “Ridge Route Drive Drainage Repair Project” design plans and specifications as prepared by the project engineer.

AND
[2] Approval of a notice of exemption for the “Ridge Route Drive Drainage Repair Project” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorization for the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND
[3] Award of a contract agreement to Palp, Inc. DBA Excel Paving Company for the construction of the “Ridge Route Drive Drainage Repair Project”, in the amount of $162,860, plus authorized change orders not to exceed 15% ($24,429) of the base amount; and authorization for the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

An agenda report is included with additional information.

ITEM 7.0
CC  10-14-2024 ARM Consent Calendar Summary – AR Page 5 of 5

7.8 Rejection of the following claim against the City: Foster vs. City of Laguna Woods, Claimant: Donna Foster. Carl Warren & Company, the City’s thirdparty claims administrator, recommends that the City reject this claim, which has to do with a vehicle vs. vehicle collision. The location of the collision is undetermined due, in part, to conflicting statements from the drivers.

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).

This page is intentionally blank.

ITEM 7.1
September 18, 2024 1 City Council Regular Meeting Minutes

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING
September 18, 2024
2:00 P.M.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637

I. CALL TO ORDER
Mayor Hatch called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:02 p.m.

II. ROLL CALL
COUNCILMEMBER: PRESENT: Conners, McCary, Moore, Horne, Hatch ABSENT: -
All councilmembers participated in-person at the meeting location.

STAFF PRESENT: City Manager Macon, City Attorney Patterson, Administrative Services Director/City Treasurer Torres, City Clerk Trippy All staff participated in-person at the meeting location.

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

IV. PRESENTATIONS AND CEREMONIAL MATTERS

4.1 Hunger Action Month – September 2024
City Clerk Trippy read the proclamation.

Councilmembers made comments.

Malia Cary, Government & Public Affairs Manager, Second Harvest Foodbank of Orange County, made comments and responded to a question from Mayor Hatch.

Moved by Mayor Pro Tem Horne, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to approve and present the proclamation.

4.2 Fire Prevention Week – October 6-12, 2024
ITEM 7.1
September 18, 2024 2 City Council Regular Meeting Minutes City Clerk Trippy read the proclamation.

Mayor Hatch made comments.

Captain Levesque, Orange County Fire Authority, made comments.

Councilmembers made comments and Captain Levesque responded to questions.

Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to approve and present the proclamation.

Councilmembers took photographs with Ms. Cary and Captain Levesque.

V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Vicki Johnson, resident, commented on joint powers agreements and lobbying ordinances.

VI. CITY TREASURER’S REPORT

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

Moved by Councilmember Conners, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to receive and file the City Treasurer’s Report for the month of August 2024.

Councilmember Moore made comments.

VII. CONSENT CALENDAR
Vicki Johnson, resident, requested that Item 7.4 be pulled from the consent calendar.

Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 7.1-7.3.

7.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on August 21, 2024.

7.2 Warrant Register
Approved the warrant register dated September 18, 2024, in the amount of $1,138,117.90.

7.3 Investment of Financial Assets Policy
ITEM 7.1
September 18, 2024 3 City Council Regular Meeting Minutes Adopted a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, REVIEWING AND ADOPTING AN ANNUAL

STATEMENT OF THE INVESTMENT POLICY, ADOPTING AN
INVESTMENT POLICY, AND RENEWING THE CITY COUNCIL’S

DELEGATION OF INVESTMENT AUTHORITY TO THE CITY

TREASURER PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 53607

ITEMS PULLED FROM THE CONSENT CALENDAR

7.4 Conflict of Interest Code
Vicki Johnson, resident, made comments regarding Fair Political Practices Commission (FPPC) Form 700s completed by councilmembers.

Councilmembers Moore and Conners made comments.

Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, DETERMINING THAT NO CHANGES IN

THE CONFLICT OF INTEREST CODE ADOPTED BY RESOLUTION
NO. 18-27 ARE NECESSARY FOLLOWING THE REVIEW

REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION
87306.5
VIII. PUBLIC HEARINGS – None
IX. CITY COUNCIL BUSINESS
Councilmember McCary requested that Item 9.7 be moved to next on the agenda. There were no objections.

9.7 Irvine-Laguna Wildlife Corridor
(agendized by Councilmember McCary)
Councilmember McCary introduced Mary Fegraus, Chair, Coastal Greenbelt Authority.

Ms. Fegraus made a presentation.

Councilmembers discussed the item. Ms. Fegraus and City Manager Macon responded to questions.

ITEM 7.1
September 18, 2024 4 City Council Regular Meeting Minutes Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to approve the City becoming a signatory to the Irvine-Laguna Wildlife Corridor Partner Chapter and authorize the Mayor to sign on behalf of the City.

Councilmembers discussed the item.

9.1 Laguna Woods General Plan and Zoning Code Update, State Clearinghouse Number 2022080022
City Manager Macon made a presentation.

Darlene Baccus, resident, expressed opposition to the recommended action.

City Manager Macon briefly responded to Ms. Baccus’ comments.

Councilmembers briefly responded to Ms. Baccus’ comments.

Kathryn Freshley, resident, commented on the recommended action as it relates to El Toro Water District properties.

Councilmembers discussed the item and staff responded to questions.

Moved by Councilmember Conners, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to approve second reading and adopt an ordinance – read by title with further reading waived – titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING 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

9.2 Inclusionary Housing Regulations
City Manager Macon made a presentation.

Councilmember Conners made comments.

ITEM 7.1
September 18, 2024 5 City Council Regular Meeting Minutes Moved by Councilmember Conners, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve second reading and adopt an ordinance – read by title with further reading waived – titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING CHAPTER 13.25 OF
TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE

PERTAINING TO INCLUSIONARY HOUSING REGULATIONS FOR

CERTAIN NEW RESIDENTIAL DEVELOIPMENT 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

9.3 Health and Sanitation Title of Laguna Woods Municipal Code City Manager Macon made a presentation.

Moved by Mayor Pro Tem Horne, seconded by Councilmember Conners, and carried unanimously on a 5-0 vote, to approve second reading and adopt an ordinance – read by title with further reading waived – titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING 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
Councilmember Conners made comments.

Councilmember Moore commented on landscaping concerns amongst residents of the Laguna Woods Village Gate 14 area.

9.4 Unfunded Retirement Liability
City Manager Macon made a presentation.

Councilmembers discussed the item and staff responded to questions.

ITEM 7.1
September 18, 2024 6 City Council Regular Meeting Minutes Moved by Councilmember Conners, seconded by Mayor Pro Tem Horne, and carried unanimously on a 5-0 vote, to adopt a resolution titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING GENERAL FUND

APPROPRIATIONS FOR LUMP SUM PAYMENTS TO PAY OFF
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
(CALPERS) UNFUNDED ACCRUED LIABILITY, AND MAKING

RELATED AUTHORIZATIONS

9.5 City Centre Park Capital Improvements
City Manager Macon made a presentation.

Councilmembers discussed the item and staff responded to questions.

Moved by Councilmember Conners, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve a conceptual plan for the capital improvements that would be made to the remaining portion of City Centre Park if a new Orange County Fire Authority fire station were constructed on a portion of the City Centre Park property, with the addition of a dog water fountain and more clustered table seating, and authorize the City Manager to update the conceptual plan accordingly and submit the same to the State of California for review and approval.

9.6 City Hall Building Signage
City Manager Macon made a presentation.

Councilmembers discussed the item.

No action was taken.

X. CITY COUNCIL REPORTS AND COMMENTS

10.1 Coastal Greenbelt Authority
Councilmember McCary provided a report.

10.2 Orange County Fire Authority
Mayor Hatch shared a video update regarding the Airport Fire.

ITEM 7.1
September 18, 2024 7 City Council Regular Meeting Minutes

10.3 Orange County Library Advisory Board
Councilmember Moore provided a report and responded to questions.

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

Councilmember Moore left the meeting at 4:24 p.m.

10.5 San Joaquin Hills Transportation Corridor Agency
Councilmember Conners provided a report.

Councilmember Moore returned to the meeting at 4:26 p.m.

10.6 South Orange County Watershed Management Area
Councilmember Moore stated that there had been no meeting since the last meeting.

10.7 Liaisons to Community Bridge Builders
Mayor Pro Tem Horne provided a report and responded to a question from Mayor Hatch.

10.8 Other Comments and Reports
Mayor Hatch provided a report on the League of California Cities (Cal Cities) Quarterly Orange County Division Meeting on August 22, 2024.

Mayor Hatch and City Manager Macon responded to questions from Councilmember Moore regarding the Cal Cities meeting.

Councilmember Conners left the meeting at 4:35 p.m.

XI. CLOSED SESSION – None
XII. CLOSED SESSION REPORT – None
XIII. ADJOURNMENT
City Manager Macon noted that the next meeting is scheduled for October 14, 2024 at 2 p.m.

The meeting was adjourned at 4:37 p.m. with Councilmember Conners absent. The next adjourned regular meeting will be at 2:00 p.m. on Monday, October 14, 2024, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637. The next regular meeting will be at 2:00 p.m. on Wednesday, November 20, 2024, at Laguna Woods City Hall, 24264 El Toro Road, ITEM 7.1
September 18, 2024 8 City Council Regular Meeting Minutes Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: October 14, 2024
__________________________________
NOEL HATCH, Mayor

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

This page is intentionally blank.

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, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING STATE OF CALIFORNIA

GRANTS FUND APPROPRIATIONS FOR CERTAIN WASTE AND

RECYCLING WORK TO BE FUNDED BY CALIFORNIA SENATE
BILL 1383 LOCAL ASSISTANCE GRANT PROGRAM (OWR1) FUNDS,

AND INCREASING GENERAL FUND AND SENIOR MOBILITY FUND

APPROPRIATIONS FOR THE SENIOR MOBILITY PROGRAM
WHEREAS, the Fiscal Years 2023-25 Budget (“Budget”) was adopted by the City Council on June 28, 2023; and
WHEREAS, per City Administrative Policy 2.9, increases in adopted fundlevel Budget appropriations require City Council approval; and California Senate Bill 1383 Local Assistance Grant Program (OWR1) WHEREAS, the City has earned $709.71 in interest on the $23,629 California Senate Bill 1383 Local Assistance Grant Program (OWR1) award, which has been added to that grant’s unassigned balance; and WHEREAS, it is necessary to increase Fiscal Year 2024-25 appropriations for the State of California Grants Fund by $710, with the appropriations drawn from the unassigned California Senate Bill 1383 Local Assistance Grant Program (OWR1) Fiscal Year 2024-25 balance, to allow for the expenditure of interest earnings; and
Senior Mobility Program
WHEREAS, transportation and other direct costs for the Senior Mobility Program are presently funded using Measure M2 (OC Go) Senior Mobility monies, which are received from the Orange County Transportation Authority (“OCTA”) every two months; and
ITEM 7.3
R 24-XX 2 XX-XX-2024
WHEREAS, demand for the Senior Mobility Program has increased such that additional monies are necessary to meet demand and provide sufficient cash flow for the Senior Mobility Program’s direct costs through the end of the calendar year, including between the every two month payments from OCTA; and WHEREAS, the City Council wishes to increase Fiscal Year 2024-25 appropriations for the Senior Mobility Fund in the amount of $150,000; and WHEREAS, the unassigned General Fund balance has sufficient funds to accommodate the increased appropriations; and
WHEREAS, increased appropriations in the General Fund would be used to transfer that same amount to the Senior Mobility Fund.

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

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

SECTION 1. Section 2 of Resolution No. 23-16, as previously amended by Resolution Nos. 23-25, 23-33, 24-02, 24-07, 24-10, 24-11, 24-14, 24-19, and 24- 34, is hereby amended, in its entirety, to read as follows:

The budget revenue projections are:

Fiscal Year
2023-24
Fiscal Year
2024-25
General Fund
Property Tax $3,297,700 $3,405,200
Property Transfer Tax $112,000 $114,900
Sales Tax $1,196,000 $1,233,000
Franchise Fees $751,800 $753,100
Transient Occupancy Tax $604,000 $620,000
Developing Processing Fees $814,400 $827,400
Interest $352,000 $340,000
Miscellaneous $207,700 $213,800
SUBTOTAL $7,335,600 $7,507,400
Capital Projects Fund
Intergovernmental $0 $0
Interest $0 $0
SUBTOTAL $0 $0
Fuel Tax $492,800 $503,700
ITEM 7.3
R 24-XX 3 XX-XX-2024
Road Maintenance &
Rehabilitation Program $435,300 $465,600
Measure M2 (OC Go) $336,000 $348,600
Service Authority for
Abandoned Vehicles $0 $0
Supplemental Law Enforcement
Services $167,800 $169,600
Mobile Source Reduction $72,000 $22,000
PEG/Cable Television $18,400 $18,800
Senior Mobility $140,700 $145,700
Community Development
Block Grant (CDBG) $500,000 $150,000
Federal Grants $1,618,278 $782,869
State of California Grants $239,800 $0
Miscellaneous Special Revenue $0 $0
Laguna Woods Civic
Support Fund $0 $0
The budget appropriations authorized, on a fund level, are:

Fiscal Year
2023-24
Adopted
Budget
Fiscal Year
2023-24
Carryover
Appropriations
Fiscal Year
2023-24
Budget
Amendments
Fiscal Year
2023-24
Amended
Budget
General Fund $7,730,079A
(includes
transfers to
Capital
Projects Fund
of $608,250)
$8,544 $470,480A,B
$8,209,103
(includes
transfers to
Capital
Projects Fund
of $608,250)
Capital Projects Fund $608,250 $130,535 - $738,785
Fuel Tax $395,000 - $34,570D $429,570
Road Maintenance &
Rehabilitation Program $325,821 - - $325,821
Measure M2 (OC Go) $285,700 - - $285,700
Service Authority for
Abandoned Vehicles $0 - - $0
Supplemental Law
Enforcement Services $176,100 - - $176,100
Mobile Source
Reduction $0 $10,711 - $10,711
PEG/Cable Television $15,000 - - $15,000
Senior Mobility $207,000 - $170,600E $377,600
ITEM 7.3
R 24-XX 4 XX-XX-2024
Community
Development
Block Grant (CDBG)
$150,000 $307,528 - $457,528
Federal Grants $719,145 $1,006,869 - $1,726,014
State of California
Grants $0 $221,898 $100,580C, F $322,478
Miscellaneous Special
Revenue $0 - - $0
Laguna Woods Civic
Support Fund $48,810 - - $48,810
TOTAL $10,052,655 $1,686,085 $776,230 $12,514,970
A Fund Budget Adjustment CC-23/24-01: CalPERS Lump Sum Payments, +$306,925 (R 23-33) B Fund Budget Adjustment CC-23/24-02: CEPPT Contribution, +$163,555 (R 24-02) C Fund Budget Adjustment CC-23/24-03: State HHW Grant, +$25,580 (R 24-07) D Fund Budget Adjustment CC-23/24-04: Transportation System, +$34,570 (R 24-10) E Fund Budget Adjustment CC-23/24-05: Senior Mobility Program, +$170,600 (R 24-11) F
Fund Budget Adjustment CC-23/24-06: State SB 1383 Grant, +$75,000 (R 24-14) Fiscal Year
2024-25
Adopted
Budget
Fiscal Year
2024-25
Carryover
Appropriations
Fiscal Year
2024-25
Budget
Amendments
Fiscal Year
2024-25
Amended
Budget
General Fund $7,287,511
(includes
transfers to
Capital
Projects Fund
of $0)
$56,947 $556,394A,E, F
$7,900,852
(includes
transfers to
Capital
Projects Fund
of $459,946)
Capital Projects Fund $0 $548,816 $459,946A,E $1,008,762 Fuel Tax $425,000 - - $425,000
Road Maintenance &
Rehabilitation Program $195,795B - ($131,795)D $64,000
Measure M2 (OC Go) $290,700 - - $290,700
Service Authority for
Abandoned Vehicles $0 - - $0
Supplemental Law
Enforcement Services $176,100 - - $176,100
Mobile Source
Reduction $0 - - $0
PEG/Cable Television $15,000 - - $15,000
Senior Mobility $227,000 - $150,000H $377,000
Community
Development
Block Grant (CDBG)
$150,000 - - $150,000
Federal Grants $782,869 $532,346 - $1,315,215
ITEM 7.3
R 24-XX 5 XX-XX-2024
State of California
Grants $0 $300,273 $200,710C,G $500,983
Miscellaneous Special
Revenue $0 - - $0
Laguna Woods Civic
Support Fund $300 - - $300
TOTAL $9,550,275 $1,438,382 $775,309 $11,763,966
A Fund Budget Adjustment CC-24/25-01: City Hall Project: Phase 4, +$350,000 (R 24-19) B Non-Fund Budget Adjustment CC-24/25-02: Road Maintenance & Rehabilitation Program Fund appropriations allocated to the “Pavement Management Plan Project (Westbound El Toro Road between Tanager and Calle Corta)” are formally reallocated to the “Pavement Management Plan Project (Westbound El Toro Road between Calle Corta and City Limits)” in the amount of $195,795. This non-fund budget adjustment is made in the interest of transparency and does not affect appropriations on a fund level. (R 24-19)
C Fund Budget Adjustment CC-24/25-03: Pavement Project FY 2024-25, +$200,000 (R 24-19) D Fund Budget Adjustment CC-24/25-04: Pavement Project FY 2024-25, -$131,795 (R 24-19) E Fund Budget Adjustment CC-24/25-05: Confluence Bypass Project, +$109,946 (R 24-19) F Fund Budget Adjustment CC-24/25-06: CalPERS Lump Sum Payments, +$96,448 (R 24-34) G Fund Budget Adjustment CC-24/25-07: Interest on State SB 1383 Grant, +$710 (R 24-XX) H Fund Budget Adjustment CC-24/25-08: Senior Mobility Program, +$150,000 (R 24-XX) The budget appropriations authorized by this section reflect the Fiscal Years 2023- 25 adopted budgets, plus authorized budget adjustments approved between July 1, 2023 and the date of this amendment. The budget appropriations authorized by this section also include carryovers of approved, but unspent, budget appropriations from prior fiscal years. Such carryovers were approved by the City Council with the adoption of the current budget and/or pursuant to Administrative Policy 2.9.

SECTION 2. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED on this XX day of XX 2024. _______________________________
NOEL HATCH, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 7.3
R 24-XX 6 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 an adjourned 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

7.4 AUTOMATED LICENSE PLATE RECOGNITION

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

This page is intentionally blank.

Flock Safety + CA - City of Laguna
Woods
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Jesse Mund
[email protected]
7138996379
ITEM 7.4

EXHIBIT A

ORDER FORM
Customer: CA - City of Laguna Woods Initial Term: 24 Months Legal Entity Name: CA - City of Laguna Woods Renewal Term: 12 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 24264 El Toro Road Laguna Woods, California
92637
Billing Frequency: Annual Plan - Invoiced at First Camera Validation.

Retention Period: 365 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $21,200.00
Flock Safety LPR Products
Solar Falcon ® LR Included 4 Included
Flock Safety Platform Add Ons
Extended data retention (Up to 1 Year)
Included 4 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Solar Implementation Fee $750.00 4 $3,000.00 Subtotal Year 1: $24,200.00
Annual Recurring Subtotal: $21,200.00
Estimated Tax: $0.00
Contract Total: $45,400.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

ITEM 7.4
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At First Camera Validation $24,200.00
Annual Recurring after Year 1 $21,200.00
Contract Total $45,400.00
*Tax not included
ITEM 7.4
Product and Services Description
Flock Safety Platform Items Product Description Terms
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

ITEM 7.4
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Laguna Woods
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

ITEM 7.4
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 04 day of August 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

AGREEMENT
ITEM 7.4
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties. This Agreement also includes Customer’s Supplemental Conditions Addendum, which is attached hereto at Exhibit “C” and is incorporated herein by reference.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

ITEM 7.4

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

ITEM 7.4

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

ITEM 7.4

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

ITEM 7.4

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, ITEM 7.4
content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors, unless Customer, at its sole discretion, chooses to disclose such information to the public or any other party. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally
ITEM 7.4
available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from (a) disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order; or (b) disclosing the Order Form, Master Services Agreement, or amendments thereto, without redaction of any kind, to the public or any other party without providing notice of such disclosure to the Disclosing Party. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this ITEM 7.4
Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION
ITEM 7.4

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement may be renewed for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) provided the Parties execute a renewal of this Agreement at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. ITEM 7.4

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY ITEM 7.4

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWENTY-FOUR (24) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS

LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

ITEM 7.4

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

ITEM 7.4

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

ITEM 7.4

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

ITEM 7.4

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

ITEM 7.4

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

ITEM 7.4
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
24264 EL TORO ROAD, LAGUNA WOODS, CA 92637
ATTN: CITY MANAGER
EMAIL: [email protected]
ITEM 7.4

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

ITEM 7.4

EXHIBIT C
CUSTOMER’S SUPPLEMENTAL CONDITIONS ADDENDUM
For purposes of this Addendum to the Agreement between Flock Group, Inc., and the City of Laguna Woods, the term “Flock” shall refer to Flock Group, Inc., and the term “City” shall be used to refer to the Customer, which is the City of Laguna Woods.

1. California Civil Code Compliance. Flock is advised of and agrees it will comply with the requirements of the California Civil Code, Division 3, Part 4, Title 1.81.23 COLLECTION OF LICENSE PLATE INFORMATION [§§1798.90.5 - 1798.90.55] as applicable to an automated license plate recognition (ALPR) operator (also referred to as an “ALPR operator”). Flock shall maintain commercially reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification or disclosure that are at least as protective as the “Flock Safety End to End Data Security Overview,” “Flock Safety CJIS Compliance Overview,” and “Flock Safety Internet Security Policy,” (collectively, referred to as the “Flock Security Policies”) as each such policy was in effect as of January 29, 2020. Any amendment to the Flock Security Policies shall be transmitted to the City within 10 days.

In the event the City determines in its sole discretion that any amendment to the Flock Security Policies either substantially reduces the privacy or security of Customer Data (including ALPR Footage) or the amendments would violate any State or Federal law, then the City shall have the right to terminate the Agreement, and Flock will refund to City a pro-rata portion of the pre-paid fees for the Flock Services not received due to such termination.

2. Disclosure of Security Breach. Flock is advised of the requirements of the California Civil Code, section 1798.29, requiring notification to any resident of California in the event of breach of the security of the system. Flock agrees it will notify the City immediately (and in no event more than 24 hours) upon the occurrence of any breach in the security of data that may potentially trigger the need for security breach notifications pursuant to Civil Code section 1798.29 or similar State or Federal law. The parties agree that the City will control the timing and content of any required security breach notification, and agree that Flock shall fully pay or reimburse the City for the reasonable and justified costs of providing any security breach notification required by Civil Code, section 1798.29,or similar State or Federal law, resulting from any security breach of the Flock Safety platform. Flock’s responsibility for the costs of providing such security breach notifications shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to Sections 2.1, 7.4 and 8 of the terms of the Master Services Agreement.

3. Indemnification. To the fullest extent permitted by law, Flock shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, employees, agents, contractors, consultants, and volunteers from ITEM 7.4
and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of or relating to any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or gross negligence of Flock or its employees, subcontractors, or agents. The foregoing obligation of Flock shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Flock or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Flock to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under the contract does not relieve Flock from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause is a material element of the Agreement and shall apply to any damages or claims for damages whether or notsuch insurance policies shall have been determined to apply.

This Section 3 shall survive termination or expiration of this Agreement.

4. Infringement. Without limiting the generality or applicability of Section 3, above, if a third party makes a claim against the City that any use of the Flock Services in accordance with the terms of this Agreement infringes such third party’s intellectual property rights, Flock, at itssole cost and expense, will defend City against the claim and indemnify City from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Flock, provided that City: (i) notifies Flock promptly in writing of the claim; (ii) gives Flock sole control of the defense and any settlement negotiations; and (iii) gives Flock reasonable assistance in the defense of such claim. If Flock believes or it is determined that the Flock Services violated a third party’s intellectual property rights, Flock may choose to either modify the Flock Services to be non-infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Flock may terminate City’s use rights and refund any unused, prepaid fees City may have paid to Flock.

5. California Public Records Act Compliance. Notwithstanding Sections 4 and 5 of the Master Services Agreement, Flock expressly understands that City is a public agency subject to the California Public Records Act (Cal. Government Code § 7920.000 et seq.). In the event that City receives a public records request seeking the disclosure of information that Flock has designated as its “Proprietary Information,” City shall promptly notify Flock, and Flock shall be allowed to take any reasonable action to preserve the confidentiality of such information. City’s obligation shall only extend to notifying Flock of the request, and City shall have no obligation to preserve the confidentiality unless doing so is in full compliance with the law.

ITEM 7.4

6. Independent Contractor. It is expressly agreed that Flock is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353. Nothing contained herein shall in any way be construed to make Flock or any of its agents or employees, an agent, employee or representative of the City. Flock shall be entirely responsible for the compensation of any employees used by Flock in providing said services.

7. Subcontractors. If Flock utilizes a third-party subcontractor or other vendor to provide the Flock Services under this Agreement, Flock shall ensure that such subcontractor(s) or vendor(s) complies with the terms of this Agreement, and shall be jointly and severally liable with the subcontractor/vendor for any breach by the subcontractor/vendor.

8. Appropriation. City’s funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Flock acknowledges that the City is a municipal corporation and is precluded by the California Constitution and other laws from entering into obligations that financially bind future governing bodies.

Nothing in this Agreement shall constitute an obligation or future governing bodies to appropriate funds for the purposes of this Agreement. The parties agree that the Initial Term and any Renewal Term(s) is contingent upon the appropriation of funds by the City. This Agreement will terminate immediately if funds necessary to continue the Agreement are not appropriated. City shall pay Flock for any services performed in accordance with this Agreement up to the date of termination.

9. Assignment. Flock shall not assign this Agreement, or any part thereof, or any right of the Flock hereunder without the prior written consent of the City, which shall not be unreasonably withheld. Notwithstanding, for purposes of this Agreement, a merger, acquisition, reorganization,spin-off or othertransaction involving a transfer of substantially all of the assets or common stock of either party hereto shall not be deemed an assignment.

10. Applicability. The terms of this Addendum shall supersede the terms of the Master Services Agreement in the event of any conflict between the two.

ITEM 7.4
This page is intentionally blank.

7.5 AMERICANS WITH DISABILITIES ACT (ADA)

PEDESTRIAN ACCESSIBILITY IMPROVEMENT
PROJECT: PHASE 8
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

This page is intentionally blank.

ITEM 7.5 – 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, AMENDING AND ADOPTING THE FISCAL
YEARS 2023-25 BUDGET AND WORK PLAN FOR FISCAL YEAR
2023-24 COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND FISCAL YEAR 2024-25 COMMENCING JULY 1, 2024 AND
ENDING JUNE 30, 2025, INCREASING GENERAL FUND AND

CAPITAL PROJECTS FUND APPROPRIATIONS FOR THE
“AMERICANS WITH DISABILITIES ACT (ADA) PEDESTRIAN
ACCESSIBILITY IMPROVEMENT PROJECT: PHASE 8”
WHEREAS, the Fiscal Years 2023-25 Budget (“Budget”) was adopted by the City Council on June 28, 2023; and
WHEREAS, per City Administrative Policy 2.9, increases in adopted fundlevel Budget appropriations require City Council approval; and WHEREAS, the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8” is included in the Capital Improvement Program; and
WHEREAS, appropriations for the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 were established in an amount estimated as of June 2023, subject to the completion of design documents, construction drawings, and competitive bidding; and
WHEREAS, design documents and construction drawings for the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 are now complete, and staff has determined that two temporary construction easements on private property are required to construct the project; and
WHEREAS, the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 is presently funded using Community Development Block Grant (CDBG) monies and such monies cannot be used to compensate private property owners for granting the City temporary construction easements; and
WHEREAS, staff has negotiated the temporary construction easements that ITEM 7.5 – Attachment A
R 24-XX 2 XX-XX-2024
are required to construct the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8, including compensation in the amount of $1,000 for one of the two temporary construction easements; and WHEREAS, additional appropriations in the amount of $1,000 are required to obtain one of the temporary construction easements required to construct the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8; and
WHEREAS, the City Council wishes to increase Fiscal Year 2024-25 appropriations for the Capital Projects Fund for the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 in the amount of $1,000; and
WHEREAS, the unassigned General Fund balance has sufficient funds to accommodate the increased appropriations; and
WHEREAS, increased appropriations in the General Fund would be used to transfer that same amount to the Capital Projects Fund; Capital Projects Fund appropriations would be increased accordingly; and
WHEREAS, with the proposed Budget adjustment, the total Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 budget would be $151,000 ($1,000 Capital Projects Fund and $150,000 Community Development Block Grant (CDBG) Fund).

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

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

SECTION 1. Section 2 of Resolution No. 23-16, as previously amended by Resolution Nos. 23-25, 23-33, 24-02, 24-07, 24-10, 24-11, 24-14, 24-19, 24-34, and 24-XX, is hereby amended, in its entirety, to read as follows:

The budget revenue projections are:

Fiscal Year
2023-24
Fiscal Year
2024-25
General Fund
Property Tax $3,297,700 $3,405,200
ITEM 7.5 – Attachment A
R 24-XX 3 XX-XX-2024
Property Transfer Tax $112,000 $114,900
Sales Tax $1,196,000 $1,233,000
Franchise Fees $751,800 $753,100
Transient Occupancy Tax $604,000 $620,000
Developing Processing Fees $814,400 $827,400
Interest $352,000 $340,000
Miscellaneous $207,700 $213,800
SUBTOTAL $7,335,600 $7,507,400
Capital Projects Fund
Intergovernmental $0 $0
Interest $0 $0
SUBTOTAL $0 $0
Fuel Tax $492,800 $503,700
Road Maintenance &
Rehabilitation Program $435,300 $465,600
Measure M2 (OC Go) $336,000 $348,600
Service Authority for
Abandoned Vehicles $0 $0
Supplemental Law Enforcement
Services $167,800 $169,600
Mobile Source Reduction $72,000 $22,000
PEG/Cable Television $18,400 $18,800
Senior Mobility $140,700 $145,700
Community Development
Block Grant (CDBG) $500,000 $150,000
Federal Grants $1,618,278 $782,869
State of California Grants $239,800 $0
Miscellaneous Special Revenue $0 $0
Laguna Woods Civic
Support Fund $0 $0
The budget appropriations authorized, on a fund level, are:

Fiscal Year
2023-24
Adopted
Budget
Fiscal Year
2023-24
Carryover
Appropriations
Fiscal Year
2023-24
Budget
Amendments
Fiscal Year
2023-24
Amended
Budget
General Fund $7,730,079A
(includes
transfers to
Capital
Projects Fund
of $608,250)
$8,544 $470,480A,B
$8,209,103
(includes
transfers to
Capital
Projects Fund
of $608,250)
Capital Projects Fund $608,250 $130,535 - $738,785
Fuel Tax $395,000 - $34,570D $429,570
ITEM 7.5 – Attachment A
R 24-XX 4 XX-XX-2024
Road Maintenance &
Rehabilitation Program $325,821 - - $325,821
Measure M2 (OC Go) $285,700 - - $285,700
Service Authority for
Abandoned Vehicles $0 - - $0
Supplemental Law
Enforcement Services $176,100 - - $176,100
Mobile Source
Reduction $0 $10,711 - $10,711
PEG/Cable Television $15,000 - - $15,000
Senior Mobility $207,000 - $170,600E $377,600
Community
Development
Block Grant (CDBG)
$150,000 $307,528 - $457,528
Federal Grants $719,145 $1,006,869 - $1,726,014
State of California
Grants $0 $221,898 $100,580C, F $322,478
Miscellaneous Special
Revenue $0 - - $0
Laguna Woods Civic
Support Fund $48,810 - - $48,810
TOTAL $10,052,655 $1,686,085 $776,230 $12,514,970
A Fund Budget Adjustment CC-23/24-01: CalPERS Lump Sum Payments, +$306,925 (R 23-33) B Fund Budget Adjustment CC-23/24-02: CEPPT Contribution, +$163,555 (R 24-02) C Fund Budget Adjustment CC-23/24-03: State HHW Grant, +$25,580 (R 24-07) D Fund Budget Adjustment CC-23/24-04: Transportation System, +$34,570 (R 24-10) E Fund Budget Adjustment CC-23/24-05: Senior Mobility Program, +$170,600 (R 24-11) F
Fund Budget Adjustment CC-23/24-06: State SB 1383 Grant, +$75,000 (R 24-14) Fiscal Year
2024-25
Adopted
Budget
Fiscal Year
2024-25
Carryover
Appropriations
Fiscal Year
2024-25
Budget
Amendments
Fiscal Year
2024-25
Amended
Budget
General Fund $7,287,511
(includes
transfers to
Capital
Projects Fund
of $0)
$56,947 $557,394A,E, F,I
$7,901,852
(includes
transfers to
Capital
Projects Fund
of $460,946)
Capital Projects Fund $0 $548,816 $460,946A,E,I $1,009,762 Fuel Tax $425,000 - - $425,000
Road Maintenance &
Rehabilitation Program $195,795B - ($131,795)D $64,000
Measure M2 (OC Go) $290,700 - - $290,700
Service Authority for
Abandoned Vehicles $0 - - $0
ITEM 7.5 – Attachment A
R 24-XX 5 XX-XX-2024
Supplemental Law
Enforcement Services $176,100 - - $176,100
Mobile Source
Reduction $0 - - $0
PEG/Cable Television $15,000 - - $15,000
Senior Mobility $227,000 - $150,000H $377,000
Community
Development
Block Grant (CDBG)
$150,000 - - $150,000
Federal Grants $782,869 $532,346 - $1,315,215
State of California
Grants $0 $300,273 $200,710C,G $500,983
Miscellaneous Special
Revenue $0 - - $0
Laguna Woods Civic
Support Fund $300 - - $300
TOTAL $9,550,275 $1,438,382 $776,309 $11,764,966
A Fund Budget Adjustment CC-24/25-01: City Hall Project: Phase 4, +$350,000 (R 24-19) B Non-Fund Budget Adjustment CC-24/25-02: Road Maintenance & Rehabilitation Program Fund appropriations allocated to the “Pavement Management Plan Project (Westbound El Toro Road between Tanager and Calle Corta)” are formally reallocated to the “Pavement Management Plan Project (Westbound El Toro Road between Calle Corta and City Limits)” in the amount of $195,795. This non-fund budget adjustment is made in the interest of transparency and does not affect appropriations on a fund level. (R 24-19)
C Fund Budget Adjustment CC-24/25-03: Pavement Project FY 2024-25, +$200,000 (R 24-19) D Fund Budget Adjustment CC-24/25-04: Pavement Project FY 2024-25, -$131,795 (R 24-19) E Fund Budget Adjustment CC-24/25-05: Confluence Bypass Project, +$109,946 (R 24-19) F Fund Budget Adjustment CC-24/25-06: CalPERS Lump Sum Payments, +$96,448 (R 24-34) G Fund Budget Adjustment CC-24/25-07: Interest on State SB 1383 Grant, +$710 (R 24-XX) H Fund Budget Adjustment CC-24/25-08: Senior Mobility Program, +$150,000 (R 24-XX) I Fund Budget Adjustment CC-24/25-09: ADA Phase 8, +$1,000 (R 24-XX) The budget appropriations authorized by this section reflect the Fiscal Years 2023- 25 adopted budgets, plus authorized budget adjustments approved between July 1, 2023 and the date of this amendment. The budget appropriations authorized by this section also include carryovers of approved, but unspent, budget appropriations from prior fiscal years. Such carryovers were approved by the City Council with the adoption of the current budget and/or pursuant to Administrative Policy 2.9.

SECTION 2. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof. [SIGNATURES ON NEXT PAGE]
ITEM 7.5 – Attachment A
R 24-XX 6 XX-XX-2024
PASSED, APPROVED AND ADOPTED on this XX day of XX 2024. _______________________________
NOEL HATCH, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly adopted by the City Council of the City of Laguna Woods at an adjourned 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
1 of 11
Recording requested by City of Laguna Woods
When recorded, mail to City of Laguna Woods,
24264 El Toro Road, Laguna Woods, CA 92637.
(949) 639-0500
The undersigned declares that this document is recorded at the request of and for the benefit of the City of Laguna Woods and is therefore exempt from the payment of the
recording fee pursuant to California Government Code
sections 6103 and 27383 and from payment of the
documentary transfer tax pursuant to California Revenue and Taxation Code Section 11922.
11 pages total. APN 621-121-23

GRANT OF EASEMENT
(TEMPORARY CONSTRUCTION EASEMENT)
This GRANT OF EASEMENT (“Grant of Easement”) is made this day of ____________, 2024, by and between Laguna Country United Methodist Church (“Grantor”), and the City of Laguna Woods, a California municipal corporation (“City”).

R E C I T A L S
A. Grantor is the owner in fee of that certain real property located in the city of Laguna Woods, County of Orange, State of California, more particularly described as Assessor’s Parcel Numbers (APN) 621-121-23 (the “Subject Property”).

B. City desires to remove and construct concrete curb ramps used as public sidewalks adjacent to Moulton Parkway, and adjust the grade of a driveway and vehicular access point, painted striping, and pavement markings in accordance with City’s construction plans (“Plans”) commonly known as the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 (the “Project”), which includes, but is not limited to, removal and replacement of curbs, asphalt, and painted striping on the Subject Property. Grantor has agreed to provide to City as set forth in this Grant of Easement a temporary construction easement on, over, across and under that portion of the Subject Property described in the legal description attached hereto as Exhibit A and depicted on the site map attached hereto as Exhibit B (the “Temporary Construction Area”).

C O V E N A N T S
Based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, Grantor and City hereby agree as follows:

1. Grant of Easement. Subject to the terms of this Grant of Easement, Grantor hereby grants to City and City accepts from Grantor an exclusive temporary construction easement on, ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
2 of 11
over, across and under the Temporary Construction Easement Area (the “Temporary Construction Easement”) to enable City to complete the Project. No aspect of the Project shall unreasonably interfere with Grantor’s use or any tenant’s use of the Subject Property. Grantor acknowledges that it may have the right to be monetarily compensated for the transfer of the Temporary Construction Easement rights conveyed hereunder, at rates not less than the value thereof as may be set by an appraisal approved by City.

Grantor is, by executing this instrument, foregoing such monetary compensation in order to facilitate and expedite the Project, and Grantor accepts the benefits of the Project as full, fair, and final compensation for the transfer of all rights conveyed hereunder.

2. Duration of Easement. The Temporary Construction Easement shall automatically terminate sixty (60) calendar days from the dateCity provides written notice to Grantor its intent to proceed with the Project (the “Expiration Date”), which notice must be given no later than one hundred and eighty (180) calendar days following the entry of both parties into this Temporary Construction Agreement. In the event that the City desires to utilize any portion of the Temporary Construction Area from and after the Expiration Date, the City may by mutual written agreement between the parties hereto, be permitted to utilize the Temporary Construction Area. Further, notwithstanding anything to the contrary contained in this Grant of Easement, in no event do the temporary rights granted herein extend beyond the Expiration Date nor shall City have any continuing responsibilities, maintenance or otherwise, with respect to the Temporary Construction Area or the construction or work done on the Subject Property.

3. No Grant of Access. The Temporary Construction Easement is granted with no right to enter upon any portion of the Property excepting the area which constitutes the Temporary Construction Easement. Storage of materials or equipment on any portion of the Subject Property excepting the area which constitutes the Temporary Construction Easement or blocking access to the driveway on the Subject Property is prohibited unless approved by Grantor in writing.

4. Project; Scope of Temporary Construction Easement. City shall construct the Project in accordance with the Plans and all applicable laws, rules, and regulations of governmental authorities with jurisdiction. The Temporary Construction Easement is an exclusive right-of-way for temporary construction uses including, without limitation, the right to grade, and to construct, maintain, operate, repair, remove and reconstruct, pedestrian, bike ways and paths, temporary pedestrian, bike ways and paths, utilities, storm drains, irrigation facilities, together with the right to enter upon and to pass and re-pass over the Temporary Construction Easement Area and to deposit tools, implements, and other materials thereon, by City, its officers, agents, employees and contractors whenever and wherever necessary for the purpose of constructing the Project. [CONTINUED ON NEXT PAGE]
ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
3 of 11

5. Exclusivity. The Temporary Construction Easement granted herein is exclusive in that City has the exclusive use of the Temporary Construction Easement Area and Grantor shall not grant any interest or rights of use in the area which constitutes the Easement, nor shall Grantor use the Temporary Construction Easement for any purpose inconsistent with this Grant of Easement. This provision shall terminate upon the expiration or termination of the Temporary Construction Easement pursuant to Section 1 of this Grant of Easement. Notwithstanding the above, nothing herein prevents Grantor, tenant, and tenant’s guests from crossing the Temporary Construction Easement.

6. Indemnity. City shall indemnify and hold harmless Grantor and Grantor’s lessees, employees, officers, agents and permitees from any claims and loss, liability or expense which Grantor may sustain arising out of City’s use of the Temporary Construction Easement, except to the extent such loss or damage is solely and directly caused by the gross negligence or willful misconduct of Grantor or its employees, officers, agents or permittees. This indemnification provision shall survive expiration or termination of the Temporary Construction Easement.

7. Entire Agreement; Modification. This Grant of Easement is the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modification of this Grant of Easement must be in writing and executed by the appropriate authorities of both City and Grantor.

8. Attorneys’ Fees. In the event of any controversy, claim or dispute relating to this Grant of Easement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys’ fees, and costs.

9. Successors and Assigns. This Grant of Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and City.

10. Authority to Execute. The person or persons executing this Grant of Easement on behalf of Grantor represents and warrants that he/she/they has/have the authority to so execute this Grant of Easement and to bind Grantor hereunder.
[SIGNATURES ON FOLLOWING PAGE.]
ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
4 of 11
IN WITNESS WHEREOF, Grantor and City have executed this Grant of Easement as of the date first set forth above.
“CITY” “GRANTOR”
CITY OF LAGUNA WOODS, Laguna Country United Methodist Church a municipal corporation

NOEL HATCH
MAYOR
By:

Name:

APPROVED AS TO FORM:

Title:

ALISHA PATTERSON

CITY ATTORNEY
NOTARY ACKNOWLEDGEMENTS FOLLOW.

ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
5 of 11
“CITY” NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF ORANGE )
On , , before me, (here insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
6 of 11
“GRANTOR” NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF ORANGE )
On , , before me, (here insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
7 of 11

CERTIFICATE OF ACCEPTANCE

GRANT OF EASEMENT
This isto certify that the interest in real property conveyed by the grant of easement dated ___________________, 2024 from Laguna Country United Methodist Church to the City of Laguna Woods, a municipal corporation, is hereby accepted by order of the City of Laguna Woods City Council on___________________, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

GRANTEE:

CITY OF LAGUNA WOODS,
a municipal corporation
Dated
Noel Hatch
Mayor
Approved as to Form:

Alisha Patterson
City Attorney
ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
8 of 11

EXHIBIT A

LEGAL DESCRIPTION
[LEGAL DESCRIPTION ON FOLLOWING PAGE.]
ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
9 of 11
ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
10 of 11

EXHIBIT B

SITE MAP
[SITE MAP ON FOLLOWING PAGE.]
ITEM 7.5 - Attachment B

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-23

CITY OF LAGUNA WOODS
11 of 11
ITEM 7.5 - Attachment B
This page is intentionally blank.
1 of 11
Recording requested by City of Laguna Woods
When recorded, mail to City of Laguna Woods,
24264 El Toro Road, Laguna Woods, CA 92637.
(949) 639-0500
The undersigned declares that this document is recorded at the request of and for the benefit of the City of Laguna Woods and is therefore exempt from the payment of the
recording fee pursuant to California Government Code
sections 6103 and 27383 and from payment of the
documentary transfer tax pursuant to California Revenue and Taxation Code Section 11922.
11 pages total. APN 621-121-18

GRANT OF EASEMENT
(TEMPORARY CONSTRUCTION EASEMENT)
This GRANT OF EASEMENT (“Grant of Easement”) is made this day of ____________, 2024, by and between Temple Judea of Laguna Hills (“Grantor”), and the Cityof Laguna Woods, a California municipal corporation (“City”).

R E C I T A L S
A. Grantor is the owner in fee of that certain real property located in the city of Laguna Woods, County of Orange, State of California, more particularly described as Assessor’s Parcel Numbers (APN) 621-121-18 (the “Subject Property”).

B. City desires to remove and construct concrete curb ramps used as public sidewalks adjacent to Moulton Parkway, and adjust the grade of a driveway and vehicular access point, painted striping, and pavement markings in accordance with City’s construction plans (“Plans”) commonly known as the Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 (the “Project”), which includes, but is not limited to, removal and replacement of curbs, asphalt, and painted striping on the Subject Property. Grantor has agreed to provide to City as set forth in this Grant of Easement a temporary construction easement on, over, across and under that portion of the Subject Property described in the legal description attached hereto as Exhibit A and depicted on the site map attached hereto as Exhibit B (the “Temporary Construction Area”).

C O V E N A N T S
Based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, Grantor and City hereby agree as follows:

1. Grant of Easement. Subject to the terms of this Grant of Easement, Grantor hereby grants to City and City accepts from Grantor an exclusive temporary construction easement on, ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
2 of 11
over, across and under the Temporary Construction Easement Area (the “Temporary Construction Easement”) to enable City to complete the Project. No aspect of the Project shall unreasonably interfere with Grantor’s use or any tenant’s use of the Subject Property. Grantor acknowledges that it may have the right to be monetarily compensated for the transfer of the Temporary Construction Easement rights conveyed hereunder, at rates not less than the value thereof as may be set by an appraisal approved by City.

Grantor is, by executing this instrument, foregoing such monetary compensation in order to facilitate and expedite the Project, and Grantor accepts the benefits of the Project and a payment of One Thousand Dollars and Zero Cents ($1,000.00), payable to Grantor within 30 days of the date of full execution of this Grant of Easement, as full, fair, and final compensation for the transfer of all rights conveyed hereunder.

2. Duration of Easement. The Temporary Construction Easement shall automatically terminate sixty (60) calendar days from the dateCity provides written notice to Grantor its intent to proceed with the Project (the “Expiration Date”), which notice must be given no earlier than October 14, 2024 and no later than one hundred and eighty (180) calendar days following the entry of both parties into this Temporary Construction Agreement. In the event that the City desires to utilize any portion of the Temporary Construction Area from and after the Expiration Date, the City may by mutual written agreement between the parties hereto, be permitted to utilize the Temporary Construction Area. Further, notwithstanding anything to the contrary contained in this Grant of Easement, in no event do the temporary rights granted herein extend beyond the Expiration Date nor shall City have any continuing responsibilities, maintenance or otherwise, with respect to the Temporary Construction Area or the construction or work done on the Subject Property.

3. No Grant of Access. The Temporary Construction Easement is granted with no right to enter upon any portion of the Property excepting the area which constitutes the Temporary Construction Easement. Storage of materials or equipment on any portion of the Subject Property excepting the area which constitutes the Temporary Construction Easement or blocking access to the driveway on the Subject Property is prohibited unless approved by Grantor in writing.

4. Project; Scope of Temporary Construction Easement. City shall construct the Project in accordance with the Plans and all applicable laws, rules, and regulations of governmental authorities with jurisdiction. The Temporary Construction Easement is an exclusive right-of-way for temporary construction uses including, without limitation, the right to grade, and to construct, maintain, operate, repair, remove and reconstruct, pedestrian, bike ways and paths, temporary pedestrian, bike ways and paths, utilities, storm drains, irrigation facilities, together with the right to enter upon and to pass and re-pass over the Temporary Construction Easement Area and to deposit tools, implements, and other materials thereon, by City, its officers, agents, employees and contractors whenever and wherever necessary for the purpose of constructing the Project.

ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
3 of 11

5. Exclusivity. The Temporary Construction Easement granted herein is exclusive in that City has the exclusive use of the Temporary Construction Easement Area and Grantor shall not grant any interest or rights of use in the area which constitutes the Easement, nor shall Grantor use the Temporary Construction Easement for any purpose inconsistent with this Grant of Easement. This provision shall terminate upon the expiration or termination of the Temporary Construction Easement pursuant to Section 1 of this Grant of Easement. Notwithstanding the above, nothing herein prevents Grantor, tenant, and tenant’s guests from crossing the Temporary Construction Easement.

6. Indemnity. City shall indemnify and hold harmless Grantor and Grantor’s lessees, employees, officers, agents and permittees from any claims and loss, liability or expense which Grantor may sustain arising out of City’s use of the Temporary Construction Easement including, but not limited to any that may arise as a result of the Project and the construction of the improvements therewith, except to the extent such loss or damage is solely and directly caused by the gross negligence or willful misconduct of Grantor or its employees, officers, agents or permittees. This indemnification provision shall survive expiration or termination of the Temporary Construction Easement.

7. Entire Agreement; Modification. This Grant of Easement is the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modification of this Grant of Easement must be in writing and executed by the appropriate authorities of both City and Grantor.

8. Attorneys’ Fees. In the event of any controversy, claim or dispute relating to this Grant of Easement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys’ fees, and costs.

9. Successors and Assigns. This Grant of Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and City.

10. Authority to Execute. The person or persons executing this Grant of Easement on behalf of Grantor represents and warrants that he/she/they has/have the authority to so execute this Grant of Easement and to bind Grantor hereunder.
[SIGNATURES ON FOLLOWING PAGE.]
ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
4 of 11
IN WITNESS WHEREOF, Grantor and City have executed this Grant of Easement as of the date first set forth above.
“CITY” “GRANTOR”
CITY OF LAGUNA WOODS, Temple Judea of Laguna Hills
a municipal corporation

NOEL HATCH
MAYOR
By:

Name:

APPROVED AS TO FORM:

Title:

ALISHA PATTERSON

CITY ATTORNEY
NOTARY ACKNOWLEDGEMENTS FOLLOW.

ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
5 of 11
“CITY” NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF ORANGE )
On , , before me, (here insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
6 of 11
“GRANTOR” NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF ORANGE )
On , , before me, (here insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
7 of 11

CERTIFICATE OF ACCEPTANCE

GRANT OF EASEMENT
This isto certify that the interest in real property conveyed by the grant of easement dated ___________________, 2024 from Temple Judea of Laguna Hills to the City of Laguna Woods, a California municipal corporation, is hereby accepted by order of the City of Laguna Woods City Council on___________________, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

GRANTEE:

CITY OF LAGUNA WOODS,
A municipal corporation
Dated
Noel Hatch
Mayor
Approved as to Form:

Alisha Patterson
City Attorney
ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
8 of 11

EXHIBIT A

LEGAL DESCRIPTION
[LEGAL DESCRIPTION ON FOLLOWING PAGE.]
ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
9 of 11
ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
10 of 11

EXHIBIT B

SITE MAP
[SITE MAP ON FOLLOWING PAGE.]
ITEM 7.5 - Attachment C

GRANT OF EASEMENT (TEMPORARY CONSTRUCTION EASEMENT)
ASSESSOR’S PARCEL NUMBER 621-121-18

CITY OF LAGUNA WOODS
11 of 11
ITEM 7.5 - Attachment C
This page is intentionally blank.

7.6 CITY HALL REFURBISHMENT AND SAFETY
PROJECT: PHASE 4
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

This page is intentionally blank.

ITEM 7.6
CC  10-14-2024 ARM ITEM 7.6 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: October 14, 2024 Adjourned Regular Meeting
SUBJECT: City Hall Refurbishment and Safety Project: Phase 4 Recommendation

1. Approve the “City Hall Refurbishment and Safety Project: Phase 4” design plans and specifications as prepared by the project architect and their licensed professionals.

AND

2. Approve a notice of exemption for the “City Hall Refurbishment and Safety Project: Phase 4” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorize the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND

3. Award a contract agreement to Estate Design and Construction, Inc. for the construction of the “City Hall Refurbishment and Safety Project: Phase 4”, in the amount of $448,800, plus authorized change orders not to exceed 15% ($67,320) of the base amount; and authorize the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

ITEM 7.6
ITEM 7.6 – AR Page 2 of 4 CC  10-14-2024 ARM
Background
The City Hall Refurbishment and Safety Project: Phase 4 (“project”) is included in the Fiscal Years 2023-34 Capital Improvement Program and involves the replacement of windows, doors, balcony railing, and carpeting; construction of new ceilings, walls, windows, and doors; lighting improvement; heating, ventilation, and air conditioning (“HVAC”) improvement; and, other work related to accessibility, functionality, safety, and security.

To improve the safety and California Building Standards Code compliance of both existing stairwells and the balcony (all of which serve emergency egress purposes), the project includes the reconfiguration of portions of the second floor. That reconfiguration would result in visual changes to the front exterior of the building (namely, the enclosure of a portion of each end of the balcony). A photograph of the existing front exterior is included as Attachment C. A rendering of how the front exterior would look after this project is included as Attachment D.

Specific improvements include, but are not limited to, the following:

Site
- Remove an unused generator, generator cabinet, and conduit Exterior
- Reroute a downspout between City Hall and the Public Library Building - Rework the stucco finish on portion of the southwest walls of City Hall - Repaint the metal trellises on the northeast side of City Hall - Add exterior lighting and a street number on City Hall - Add “City Offices” signage over the main entrance to City Hall First Floor
- Replace carpeting that is not fully adhering to the floor in the Council Chambers - Update ducting and electric systems in the Council Chambers - Gasket the door and add wall insulation in the Council Chambers’s A/V Room - Add a new recessed light and partial ceiling at the El Toro Road-side stairwell - Add code-required exit and tactile signage
Second Floor
- Modify the balcony to be a code compliant; add new exit doors - Replace office and lobby windows (currently single pane) and exterior doors ITEM 7.6
CC  10-14-2024 ARM ITEM 7.6 – AR Page 3 of 4
- Replace the balcony guardrail
- Replace windows in both stairwells
- Remove the faux balcony outside the El Toro Road-side stairwell - Replace and upgrade lighting in the lobby and both stairwells - Add code-required exit and tactile signage
Roof
- Replace the roof hatch
- Replace the HVAC unit for the Council Chambers
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on the City Hall Refurbishment & Safety Project: Phase 4.

Staff recommends that the City Council take the following three actions to allow construction to proceed:

Recommendation 1
Approval of the project design plans and specifications as prepared by the project architect (Smith Architects, Inc.) and their licensed professionals (m:r:p Planning Co. and RPM Engineers, Inc.). The design plans and specifications are available for review at or from the City Clerk’s Office, Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637. Telephone: (949) 639-0500. Email:
[email protected].

Recommendation 2
Approval of a notice of exemption for the project (Attachment A) finding that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) and authorization for the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

Recommendation 3
Award of a contract agreement to Estate Design and Construction, Inc. for the construction of the project, in the amount of $448,800, plus authorized change orders not to exceed 15% ($67,320) of the base amount; and authorization for the ITEM 7.6
ITEM 7.6 – AR Page 4 of 4 CC  10-14-2024 ARM
City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

Bids to construct the project were solicited from August 8, 2024 through September 5, 2024. Three bids were received (see Table 1). After review, Estate Design and Construction, Inc. is the lowest cost responsive bidder.

Table 1: Bids Received
Bidder Bid Amount
Empire Design & Build $644,000
Estate Design and Construction, Inc. $448,800
Craig Warren, Inc. dba Sandalwood Construction $1,012,750 It is anticipated that construction would be complete within 90 calendar days of the date the City issues a Notice to Proceed to the selected contractor. The City would issue the Notice to Proceed no later than November 4, 2024.

Environmental Review
The project is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, Sections 15301 and 15302. For additional information, refer to the proposed notice of exemption (Attachment A).

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

Report Prepared With: April Baumgarten, Public Works Administrator Attachments: A – Proposed Notice of Exemption
B – Photograph of Existing City Hall Front Exterior
C – Conceptual Rendering of Proposed City Hall Front Exterior Recording requested by City of Laguna Woods
When recorded, mail to City of Laguna Woods,
24264 El Toro Road, Laguna Woods, CA 92637.
(949) 639-0500
Exemption Code 6103

NOTICE OF EXEMPTION
To: County of Orange
Orange County Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92701
From: City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
(949) 639-0500
Project Title: City Hall Refurbishment and Safety Project: Phase 4 Project Applicant: City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
(949) 639-0500
Project Location – Specific: The project is located at Assessor’s Parcel Number (“APN”) 621-121-29 on the south side of El Toro Road east of Moulton Parkway. The specific address is:
24264 El Toro Road Laguna Woods, CA 92637.

Project Location – City: Laguna Woods, California Project Location – County: Orange Description of Nature, Purpose, and Beneficiaries of Project: The project includes, but is not limited to, the replacement of windows, doors, balcony railing, and carpeting; construction of new ceilings, walls, windows, and doors; lighting improvement; heating, ventilation, and air conditioning (“HVAC”) improvement; and, other work related to accessibility, functionality, safety, and security.

The project is intended to address maintenance needs and ensure that Laguna Woods City Hall remains accessible, functional, safe, and secure for employees, visitors, and other persons. The work will safeguard and enhance the City’s only public building and seat of government.

Name of Public Agency Approving Project: City of Laguna Woods Name of Person or Agency Carrying Out Project: City of Laguna Woods Exempt Status:

X Categorical Exemption (Sec. 15301, Sec. 15302)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
ITEM 7.6 - Attachment A

NOTICE OF EXEMPTION
CITY HALL REFURBISHMENT AND SAFETY PROJECT: PHASE 4

CITY OF LAGUNA WOODS

Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Ministerial (Sec. 21080(b)(1); 15268)
Statutory Exemption
Not Subject to CEQA (Sec. 15061(b)(3))
Reasons Why Project is Exempt: The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15301 (Class 1, Existing Facilities). Section 15301 exempts from environmental review the “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Subsection (a) of Section 15301 provides the following as non-exclusive examples of types of “existing facilities”: “Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.”
Subsection (d) of Section 15301 provides the following as non-exclusive examples of types of “existing facilities”: “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.”
The project consists only of repairs, minor alterations, and maintenance of the existing Laguna Woods City Hall, including, but not limited to, the replacement of windows, doors, balcony railing, and carpeting; construction of new ceilings, walls, windows, and doors; lighting improvement; HVAC improvement; and, other work related to accessibility, functionality, safety, and security.

The project includes restoration and rehabilitation work related to deterioration of the existing Laguna Woods City Hall to meet current standards of public health and safety including, but not limited to, the California Building Standards Code. The project does not expand the existing or former use of Laguna Woods City Hall. The project does not address any substantial damage or damage resulting from an environmental hazard such as earthquake, landslide, or flood.

Based on the scope of work, the project meets the criteria for Class 1 categorical exemption.

CLASS 2
The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15302 (Class 2, Replacement or Reconstruction). Section 15302 exempts from environmental review the “replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.”
Subsection (c) of Section 15302 provides the following as non-exclusive examples of types of “replacement or reconstruction”: “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.” ITEM 7.6 - Attachment A

NOTICE OF EXEMPTION
CITY HALL REFURBISHMENT AND SAFETY PROJECT: PHASE 4

CITY OF LAGUNA WOODS

The project includes the replacement or reconstruction of existing utility systems and/or facilities including, but not limited to, lighting and HVAC systems and facilities. Such replacement or reconstruction is principally intended to address instances of deterioration and compliance with the California Building Standards Code. Once replaced and reconstructed, any expansion of the capacity of such systems and facilities will be negligible. The project does not seek to expand the capacity of such systems and facilities except as may be necessary to ensure that the existing Laguna Woods City Hall remains accessible, functional, safe, and secure for employees, visitors, and other persons.

Based on the scope of work, the project meets the criteria for Class 2 categorical exemption.

Lead Agency Contact Person:

Signature: Date:

Justin J. Faylona
Development Manager
City of Laguna Woods
Date Received for Filing at OPR:

Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ITEM 7.6 - Attachment A
This page is intentionally blank.

ITEM 7.6 – Attachment B

PHOTOGRAPH OF EXISTING CITY HALL FRONT EXTERIOR
This page is intentionally blank.

ITEM 7.6 – Attachment C

CONCEPTUAL RENDERING OF PROPOSED CITY HALL FRONT EXTERIOR Prepared by Smith Architects, Inc.

This page is intentionally blank.

7.7 RIDGE ROUTE DRIVE DRAINAGE REPAIR

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

This page is intentionally blank.

ITEM 7.7
CC  10-14-2024 ARM ITEM 7.7 – AR Page 1 of 3
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: October 14, 2024 Adjourned Regular Meeting
SUBJECT: Ridge Route Drive Drainage Repair Project
Recommendation

1. Approve the “Ridge Route Drive Drainage Repair Project” design plans and specifications as prepared by the project engineer.

AND

2. Approve a notice of exemption for the “Ridge Route Drive Drainage Repair Project” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorize the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

AND

3. Award a contract agreement to Palp, Inc. DBA Excel Paving Company for the construction of the “Ridge Route Drive Drainage Repair Project”, in the amount of $162,860, plus authorized change orders not to exceed 15% ($24,429) of the base amount; and authorize the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

Background
The Ridge Route Drive Drainage Repair Project (“project”) is included in the Fiscal Years 2023-34 Capital Improvement Program and involves the installation ITEM 7.7
ITEM 7.7 – AR Page 2 of 3 CC  10-14-2024 ARM
of a new grate inlet catch basin with a full trash capture device and a new 18-inch reinforced concrete pipe to convey flows across Ridge Route Drive to an existing catch basin.

Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on the Ridge Route Drive Drainage Repair Project.

Staff recommends that the City Council take the following three actions to allow construction to proceed:

Recommendation 1
Approval of the project design plans and specifications as prepared by the project engineer (Geosyntec Consultants, Inc.). The design plans and specifications are available for review at or from the City Clerk’s Office, Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637. Telephone: (949) 639-0500.

Email: [email protected].

Recommendation 2
Approval of a notice of exemption for the project (Attachment A) finding that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) and authorization for the City Manager to cause the notice of exemption to be filed pursuant to applicable law.

Recommendation 3
Award of a contract agreement to Palp, Inc. DBA Excel Paving Company for the construction of the project, in the amount of $162,860, plus authorized change orders not to exceed 15% ($24,429) of the base amount; and authorization for the City Manager to execute a contract agreement and approve change orders, subject to approval of the contract agreement as to form by the City Attorney.

Bids to construct the project were solicited from September 5, 2024 through October 3, 2024. Two bids were received (see Table 1). After review, Palp, Inc.

DBA Excel Paving Company is the lowest cost responsive bidder.

ITEM 7.7
CC  10-14-2024 ARM ITEM 7.7 – AR Page 3 of 3
Table 1: Bids Received
Bidder Bid Amount
GCI Construction, Inc. $251,000
Palp, Inc. DBA Excel Paving Company $162,860
It is anticipated that construction would be complete within 45 calendar days of the date the City issues a Notice to Proceed to the selected contractor. The City would issue the Notice to Proceed no later than November 18, 2024.

Environmental Review
The project is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, Sections 15301, 15302, and 15304. For additional information, refer to the proposed notice of exemption (Attachment A).

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

Report Prepared With: April Baumgarten, Public Works Administrator Attachment: A – Proposed Notice of Exemption
This page is intentionally blank.

Recording requested by City of Laguna Woods
When recorded, mail to City of Laguna Woods,
24264 El Toro Road, Laguna Woods, CA 92637.
(949) 639-0500
Exemption Code 6103

NOTICE OF EXEMPTION
To: County of Orange
Orange County Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92701
From: City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
(949) 639-0500
Project Title: Ridge Route Drive Drainage Repair Project Project Applicant: City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
(949) 639-0500
Project Location – Specific: The project is located within the City of Laguna Woods’ and City of Laguna Hills’ public rights-of-way on Ridge Route Drive between the signalized intersection at Moulton Parkway and the signalized intersection at Peralta Drive. Moulton Parkway, at the signalized intersection with Ridge Route Drive, is a public street in Laguna Hills, California, County of Orange. Peralta Drive is a public street in Laguna Hills, California, County of Orange.

Project Location – City: Laguna Woods, California Project Location – County: Orange Description of Nature, Purpose, and Beneficiaries of Project: The project consists of, but is not limited to, the installation of a new grate inlet catch basin with a full trash capture device and a new 18-inch reinforced concrete pipe to convey flows across Ridge Route Drive to an existing catch basin.

The project is intended to repair and replace deteriorated drainage infrastructure. The subject drainage infrastructure carries stormwater runoff from the south side of Ridge Route Drive (Laguna Woods) to the north side (Laguna Hills).

By repairing and replacing deteriorated drainage infrastructure, the project will facilitate better management of stormwater runoff and protect public health, safety, and welfare.

Name of Public Agency Approving Project: City of Laguna Woods Name of Person or Agency Carrying Out Project: City of Laguna Woods ITEM 7.7 - Attachment A

NOTICE OF EXEMPTION

RIDGE ROUTE DRIVE DRAINAGE REPAIR PROJECT

CITY OF LAGUNA WOODS

Exempt Status:

X Categorical Exemption (Sec. 15301, Sec. 15302, Sec 15304) Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Ministerial (Sec. 21080(b)(1); 15268)
Statutory Exemption
Not Subject to CEQA (Sec. 15061(b)(3))
Reasons Why Project is Exempt:

CLASS 1
The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15301 (Class 1, Existing Facilities). Section 15301 exempts from environmental review the “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.”
Subsection (c) of Section 15301 provides the following as non-exclusive examples of types of “existing facilities”: “Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).” Subsection (d) of Section 15301 provides the following as non-exclusive examples of types of “existing facilities”: “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.”
Subsection (f) of Section 15301 provides the following as non-exclusive examples of types of “existing facilities”: “Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices.”
The project consists only of the installation of a new grate inlet catch basin with a full trash capture device and a new 18-inch reinforced concrete pipe to convey flows across Ridge Route Drive to an existing catch basin. The project does not expand the existing or former use of Ridge Route Drive; it only repairs and replaces existing deteriorated drainage infrastructure and adds a full trash capture device within existing right-of-way to treat stormwater runoff already generated on Ridge Route Drive and tributary properties. The full trash capture device will comply with the California State Water Resources Control Board’s Statewide Water Quality Objective for Trash and Implementation Requirements (adopted April 7, 2015), which seeks to reduce the amount of trash ITEM 7.7 - Attachment A

NOTICE OF EXEMPTION

RIDGE ROUTE DRIVE DRAINAGE REPAIR PROJECT

CITY OF LAGUNA WOODS

found in receiving waters and, thereby, lessen threats to aquatic life, public health, and the beneficial uses of the State’s water resources. The project includes the removal and replacement of roadway surface and other hardscape elements only as necessary to accommodate the repair and replacement of existing deteriorated drainage infrastructure and the addition of a full trash capture device. The new drainage infrastructure and replaced roadway surface and hardscape elements will serve substantially the same use as they did before.

Based on the scope of work, the project meets the criteria for Class 1 categorical exemption.

CLASS 2
The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15302 (Class 2, Replacement or Reconstruction). Section 15302 exempts from environmental review the “replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.”
Subsection (c) of Section 15302 provides the following as non-exclusive examples of types of “replacement or reconstruction”: “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.” The project consists only of the installation of a new grate inlet catch basin with a full trash capture device and a new 18-inch reinforced concrete pipe to convey flows across Ridge Route Drive to an existing catch basin. The project does not expand the existing or former use of Ridge Route Drive; it only repairs and replaces existing deteriorated drainage infrastructure and adds a full trash capture device within existing right-of-way to treat stormwater runoff already generated on Ridge Route Drive and tributary properties. The full trash capture device meets the requirements of the California State Water Resources Control Board’s Statewide Water Quality Objective for Trash and Implementation Requirements (adopted April 7, 2015), which seeks to reduce the amount of trash found in receiving waters and, thereby, lessen threats to aquatic life, public health, and the beneficial uses of the State’s water resources. The project includes the removal and replacement of roadway surface and other hardscape elements only as necessary to accommodate the repair and replacement of existing deteriorated drainage infrastructure and the addition of a full trash capture device. The new drainage infrastructure and replaced roadway surface and hardscape elements will have substantially the same purpose and capacity as the structures replaced.

Based on the scope of work, the project meets the criteria for Class 2 categorical exemption.

CLASS 4
The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14 (the State CEQA Guidelines) Section 15304 (Class 4, Minor Alterations to Land). Section 15304 exempts from environmental review “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.” ITEM 7.7 - Attachment A

NOTICE OF EXEMPTION

RIDGE ROUTE DRIVE DRAINAGE REPAIR PROJECT

CITY OF LAGUNA WOODS

Subsection (b) of Section 15304 provides the following as non-exclusive examples of types of “minor alterations to land”: “Minor trenching and backfilling where the surface is restored.” The project includes minor public alteration work within existing public right-of-way for an existing public roadway (Ridge Route Drive). Existing deteriorated drainage infrastructure will be repaired and replaced, and a full trash capture device will be added within existing right-of-way.

Minor trenching and backfilling will occur in connection with the repair and replacement of existing deteriorated drainage infrastructure, namely, to expose and then recover the portions of that infrastructure located below the ground and roadway surface. After trenching is backfilled, the affected roadway surface and other hardscape elements will be restored. The project does not include the removal of any healthy, mature, scenic trees.

Based on the scope of work, the project meets the criteria for Class 4 categorical exemption.

Lead Agency Contact Person:

Signature: Date:

Justin J. Faylona
Development Manager
City of Laguna Woods
Date Received for Filing at OPR:

Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ITEM 7.7 - Attachment A

7.8 REJECTION OF CLAIM AGAINST THE CITY
(NO REPORT)
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).

This page is intentionally blank.

8.1 TRAFFIC VIOLATOR APPREHENSION

PROGRAM FEE
This page is intentionally blank.

ITEM 8.1
CC  10-14-2024 ARM ITEM 8.1 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: October 14, 2024 Adjourned Regular Meeting
SUBJECT: Traffic Violator Apprehension Program Fee
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, REPEALING RESOLUTION NO. 21-04;

ADOPTING A MODIFIED ADMINISTRATIVE FEE TO RECOVER NO
MORE THAN THE ORANGE COUNTY SHERIFF’S DEPARTMENT’S

REASONABLE ADMINISTRATIVE COSTS RELATING TO THE
ITEM 8.1
ITEM 8.1 – AR Page 2 of 4 CC  10-14-2024 ARM

REMOVAL, IMPOUND, STORAGE, OR RELEASE OF VEHICLES

PROPERLY IMPOUNDED PURSUANT TO THE CALIFORNIA
VEHICLE CODE (“TRAFFIC VIOLATOR APPREHENSION PROGRAM
FEE”); AND, DETERMINING THAT THE FEE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Background
The County of Orange’s practice is to charge fees to recover the Orange County Sheriff’s Department’s reasonable administrative costs relating to the removal, impound, storage, or release of vehicles properly impounded pursuant to the California Vehicle Code (“Traffic Violator Apprehension Program fee”). For unincorporated areas, the Orange County Board of Supervisors adopts such fees.

Cities that receive law enforcement services from the Orange County Sheriff’s Department have the option of adopting similar Traffic Violator Apprehension Program fees as the County of Orange charges in unincorporated areas. If adopted, those fees are collected by the County of Orange and used to offset the Orange County Sheriff’s Department’s costs of operating its Traffic Violator Apprehension Program, which is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended, as well as to educate the public about the requirements of the California Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. If fees are not adopted, cities must either make separate payments to the County of Orange to fund their participation in the Traffic Violator Apprehension Program or cease participation. The Traffic Violator Apprehension Program has historically enjoyed broad participation from cities due to the effectiveness of an area-wide approach to reducing traffic accidents.

In Laguna Woods, the existing Traffic Violator Apprehension Program fee is $144 per removal of a vehicle (City Council Resolution No. 21-04 dated February 17, 2021), based on a County of Orange cost study dated September 2020.

State law prohibits the City from charging fees in excess of its reasonable costs (in this case, its law enforcement-related costs). While the City may charge less than its reasonable costs, the practical implication of doing so is that subsidies would then be borne by taxpayers as fee revenue would be insufficient to cover costs.

ITEM 8.1
CC  10-14-2024 ARM ITEM 8.1 – AR Page 3 of 4
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on a proposed modified Traffic Violator Apprehension Program Fee (Attachment A). Staff recommends that the City Council conduct a public hearing and adopt the proposed resolution in order to promote cost recovery for Traffic Violator Apprehension Program activities. If adopted, the effective date of the modified fee would be October 15, 2024.

The recommended action would increase the Traffic Violator Apprehension Program fee from $144 to $174 per removal of a vehicle (an increase of $30 per removal of a vehicle). Fees would continue to be imposed on the registered owner or the agent of the registered owner of each impounded vehicle.

The proposed fee is based on an Orange County Sheriff’s Department cost study that calculated the reasonable administrative costs relating to the removal, impound, storage, and release of a vehicle (Attachment B) and the Orange County Board of Supervisor’s subsequent adoption of a fee for such administrative costs, including findings of compliance with Section 1(e)(2) of Article XIIIC of the California Constitution (attachments C and D).

Traffic Violator Apprehension Program fees are collected when authorized by applicable state law and in none of the following circumstances:
• When the vehicle was left because it became inoperable while being driven, if the registered owner makes good faith attempts promptly to remove the vehicle from a location where it was not permitted;
• When the vehicle was stolen;
• When the vehicle was left by an ill or injured driver; and/or, • When it is demonstrated to the satisfaction of the Sheriff’s designated personnel that neither the registered owner of the vehicle nor his/her/their agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.

Environmental Review
The City Council is asked to find that this action is not subject to the California Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq.) (“CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or ITEM 8.1
ITEM 8.1 – AR Page 4 of 4 CC  10-14-2024 ARM
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guideline section 15378(b)(4) excludes “government funding mechanisms or other government fiscal activities” from its definition of “project” when they “do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” as is the case here. Even if this action were subject to CEQA, it would be categorically exempt under CEQA Guideline section 15273, which applies to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City, when such charges are for the purpose of (1) meeting operating expenses, including employee wage rates and fringe benefits, and (2) purchasing or leasing supplies, equipment, or materials – as is the case with the Traffic Violator Apprehension Program Fee. Finally, this action is exempt from CEQA based on CEQA Guideline section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Fiscal Impact
Fee revenue is collected by the County of Orange and used to offset the Orange County Sheriff’s Department’s costs of operating its Traffic Violator Apprehension Program. The County of Orange is also able to use fee revenue to reimburse cities for expenditures for equipment and/or supplies directly in support of the Traffic Violator Apprehension Program.

Attachments: A – Proposed Resolution
B – Orange County Sheriff’s Department Cost Study dated March 2024 C – Orange County Board of Supervisors Agenda Staff Report dated June 25, 2024 (without attachments)
D – Orange County Board of Supervisors Resolution No. 24-085 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, REPEALING RESOLUTION NO. 21-04;

ADOPTING A MODIFIED ADMINISTRATIVE FEE TO RECOVER NO
MORE THAN THE ORANGE COUNTY SHERIFF’S DEPARTMENT’S

REASONABLE ADMINISTRATIVE COSTS RELATING TO THE

REMOVAL, IMPOUND, STORAGE, OR RELEASE OF VEHICLES

PROPERLY IMPOUNDED PURSUANT TO THE CALIFORNIA
VEHICLE CODE (“TRAFFIC VIOLATOR APPREHENSION PROGRAM
FEE”); AND, DETERMINING THAT THE FEE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, pursuant to applicable California law, cities may charge rates or fees that are equal to or less than the reasonably anticipated costs of providing a service, conferring a benefit, granting a privilege, performing regulatory duties, enforcing laws, or as a condition of property development; and WHEREAS, the Orange County Sheriff-Coroner (“the Sheriff”) has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended, as well as to educate the public about the requirements of the California Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking; and
WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in the cities of Orange County that contract for the Sheriff’s law enforcement services; and WHEREAS, operating the Traffic Violator Apprehension Program on an area-wide basis without regard to jurisdictional boundaries between unincorporated areas of Orange County and the cities, serves the public purposes of the City because drivers routinely cross jurisdictional boundaries, making an area-wide approach to the reduction of traffic accidents and driver education effective in preventing traffic accidents in all participating jurisdictions; and
WHEREAS, the Sheriff impounds numerous and various vehicles removed from highways, public property, or private property in the unincorporated areas of Orange County and in cities that contract for the Sheriff’s law enforcement services during the normal course of duty; and
ITEM 8.1 – Attachment A
R 24-XX 2 XX-XX-2024
WHEREAS, the Sheriff impounds said vehicles pursuant to authority under the California Vehicle Code as follows:

California Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to Section 13388 22651 (i) (1) Multiple parking citations
22651 (j) Lack of vehicle registration
22651 (k) Parking over 72 hours
22651 (l) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of sections 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
; and
WHEREAS, on March 28, 2000, the Orange County Board of Supervisors adopted Resolution No. 00-96, which established fees for the Traffic Violator Apprehension Program that were applicable in the unincorporated areas of Orange County. The fees that were established by County of Orange Resolution No. 00-96 address the Sheriff’s administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and
ITEM 8.1 – Attachment A
R 24-XX 3 XX-XX-2024
WHEREAS, California Vehicle Code Section 22850.5 authorizes the City Council, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, on April 18, 2001, the City Council adopted Resolution No. 01- 11, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County of Orange’s fees as set forth in County of Orange Resolution No. 00-96; and WHEREAS, the Orange County Board of Supervisors has established an interest-earning, budgeted special revenue fund, called the “Traffic Violator Fund” and designated as Fund 13B, to be controlled by the Sheriff; and WHEREAS, the Orange County Board of Supervisors has directed that proceeds from the Traffic Violator Apprehension Program fees be deposited into the Traffic Violator Fund; and
WHEREAS, the Orange County Board of Supervisors has directed that funds from the Traffic Violator Fund must be used to reimburse the Sheriff for the administrative costs associated with the removal, impound, storage, and release of vehicles in accordance with the California Vehicle Code; and WHEREAS, a cost study prepared in September 2020 by the Sheriff calculated the reasonable administrative costs relating to the removal, impound, storage, and release of a vehicle in the amount of $144 per removal; and WHEREAS, on November 17, 2020, the Orange County Board of Supervisors adopted Resolution No. 20-161, which updated the County of Orange’s Traffic Violator Apprehension Program fees based on the September 2020 cost study prepared by the Sheriff and, in doing so, reviewed findings of compliance with Section 1(e)(2) of Article XIIIC of the California Constitution; and WHEREAS, on February 17, 2021, the City Council adopted Resolution No. 21-04, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County of Orange’s fees as set forth in County of Orange Resolution No. 20-161; and WHEREAS, a cost study prepared in March 2024 by the Sheriff calculated the reasonable administrative costs relating to the removal, impound, storage, and release of a vehicle in the amount of $174 per removal; and ITEM 8.1 – Attachment A
R 24-XX 4 XX-XX-2024
WHEREAS, on June 25, 2024, the Orange County Board of Supervisors adopted Resolution No. 24-085, which updated the County of Orange’s Traffic Violator Apprehension Program fees based on the March 2024 cost study prepared by the Sheriff and, in doing so, reviewed findings of compliance with Section 1(e)(2) of Article XIIIC of the California Constitution; and
WHEREAS, consistent with the City’s authority under California Vehicle Code Section 22850.5, the Sheriff has requested that the City modify its Traffic Violator Apprehension Program fees to match the County of Orange’s updated fee; and
WHEREAS, the City Council desires to modify its Traffic Violator Apprehension fees to match the County of Orange’s updated fee; and WHEREAS, the City Council desires for the Sheriff to continue to collect the Traffic Violator Apprehension fee on behalf of the City. Continuing with such a practice will ensure that persons/entities whose vehicles are impounded, rather than the public as a whole, bear the administrative costs of such impounds; and WHEREAS, California Vehicle Code Section 22850.5 imposes the following restrictions on the imposition of an administrative fee:
(a) The charges shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs; and (b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and (c) The charges shall be in addition to any other charges authorized or imposed pursuant to [the California Vehicle Code]; and
(d) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. ; and
WHEREAS, it is unfair to impose the administrative fee authorized by ITEM 8.1 – Attachment A
R 24-XX 5 XX-XX-2024
California Vehicle Code Section 22850.5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being driven, if the registered owner makes good faith attempts promptly to remove the vehicle from a location where it was not permitted; 2) when the vehicle was stolen; 3) When the vehicle was left by an ill or injured driver; and/or, 4) when it is demonstrated to the satisfaction of the Sheriff’s designated personnel that neither the registered owner of the vehicle nor his/her/their agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and
WHEREAS, the existing and proposed Traffic Violator Apprehension Program fees, as well as the March 2024 cost study prepared by the Sheriff, were made available to the public at and from Laguna Woods City Hall beginning on September 25, 2024, and on the City’s website beginning on September 25, 2024; and
WHEREAS, on October 14, 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, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that this action is not subject to the California Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq.) (“CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guideline section 15378(b)(4) excludes “government funding mechanisms or other government fiscal activities” from its definition of “project” when they “do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” as is the case here. Even if this action were subject to CEQA, it would be categorically exempt under CEQA Guideline section 15273, which applies to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City, when such charges are ITEM 8.1 – Attachment A
R 24-XX 6 XX-XX-2024
for the purpose of (1) meeting operating expenses, including employee wage rates and fringe benefits, and (2) purchasing or leasing supplies, equipment, or materials – as is the case with the Traffic Violator Apprehension Program Fee. Finally, this action is exempt from CEQA based on CEQA Guideline section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Upon the effective date of the Traffic Violator Apprehension Program Fee set forth in Section 4 of this resolution, all previous Traffic Violator Apprehension Program fees adopted by resolution of the City Council shall be repealed including, without limitation, Resolution No. 21-04.

SECTION 4. On October 15, 2024, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the California Vehicle Code listed below:

A fee of $174 for each removal of a vehicle in accordance with or on account of violation of California Vehicle Code sections:

California Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to Section 13388 22651 (i) (1) Multiple parking citations
22651 (j) Lack of vehicle registration
22651 (k) Parking over 72 hours
22651 (l) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit ITEM 8.1 – Attachment A
R 24-XX 7 XX-XX-2024
22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of sections 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
In adopting such fee, the City Council finds that the amount of the fee does not exceed the reasonable costs of providing the services for which the fee is charged.
; and
SECTION 5. The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.

SECTION 6. The fee established herein shall only be imposed on the registered owner or the agent of the registered owner of the impounded vehicle, and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the California Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs.

SECTION 7. The fee established herein shall be collected only from the registered owner or an agent of the registered owner of the impounded vehicle, and shall be in addition to any other charges authorized or imposed pursuant to the California Vehicle Code.

SECTION 8. The fee established herein complies with California Vehicle Code Section 22850.5(b)(4) as the supporting March 2024 cost study prepared by the Sheriff did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.

SECTION 9. The Sheriff shall not impose the fee established herein in any of the following circumstances: (a) when the vehicle was left because it became inoperable while being driven, if the registered owner makes good faith attempts promptly to remove the vehicle from a location where it was not permitted; (b) when the vehicle wasstolen; (c) when the vehicle was left by an ill or injured driver; and/or, (d) when it is demonstrated to the satisfaction of the Sheriff’s designated personnel ITEM 8.1 – Attachment A
R 24-XX 8 XX-XX-2024
that neither the registered owner of the vehicle nor his/her/their agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle SECTION 10. A registered owner or an agent of a registered owner who believes he/she/they are exempt from the fee established herein under any of the criteria listed in this resolution above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the Sheriff’s designated personnel. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Sheriff’s designated personnel or his/her/their designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.

SECTION 11. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into the Traffic Violator Fund described herein. Proceeds from the Traffic Violator Fund shall be used in conformance with the County of Orange’s restrictions for the same, as well as in conformance with any applicable provisions set forth in the City’s agreement with the County for the Sheriff’s law enforcement services.

SECTION 12. Until further order of the City Council, the Orange County Board of Supervisors is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein.

SECTION 13. 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 9 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 an adjourned 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
This page is intentionally blank.

ITEM 8.1 - Attachment B
ITEM 8.1 - Attachment B
ITEM 8.1 - Attachment B
ITEM 8.1 - Attachment B
ITEM 8.1 - Attachment B
This page is intentionally blank.

ITEM 8.1 - Attachment C
ITEM 8.1 - Attachment C
ITEM 8.1 - Attachment C
ITEM 8.1 - Attachment C
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D
ITEM 8.1 - Attachment D

8.2 SPEED LIMITS ON CITY ROADWAYS
This page is intentionally blank.

ITEM 8.2
CC  10-14-2024 ARM ITEM 8.2 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: October 14, 2024 Adjourned Regular Meeting
SUBJECT: Speed Limits on City Roadways
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 SECTION 8.06.010 OF

THE LAGUNA WOODS MUNICIPAL CODE TO ADOPT AND

ESTABLISH SPEED LIMITS FOR EL TORO ROAD, MOULTON
ITEM 8.2
ITEM 8.2 – AR Page 2 of 4 CC  10-14-2024 ARM

PARKWAY, RIDGE ROUTE DRIVE, AND SANTA MARIA AVENUE,

INCLUDING REDUCED SPEED LIMITS ON EL TORO ROAD
BETWEEN ALISO CREEK ROAD AND CALLE SONORA, AND REESTABLISHMENT OF ALL OTHER EXISTING SPEED LIMITS , AND

DETERMINING AND CERTIFYING THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
Background
The City operates and maintains the public roadways in Laguna Woods, including establishing speed limits, which are enforced by the Orange County Sheriff’s Department under contract with the City. The public roadways consist of El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue. All other roadways are private and not subject to City-established speed limits.

The process by which cities, counties, and other government entities must establish and periodically review public roadway speed limits in order to (1) deviate from the statewide standard speed limits of 55 miles per hour for two lane undivided roads and 65 miles per hour for all other roadways, or (2) use lidar, radar, or other electronic devices for speed enforcement, is set forth in California Vehicle Code and requires the preparation of an engineering and traffic survey.

California Vehicle Code is based, in part, on the premise that most motorists drive in a reasonable manner intended to avoid collisions and dangerous conditions.

Therefore, speed limits are generally required to be established at the nearest five mile per hour increment to the speed actually traveled by 85% of motorists (“85th percentile speed”), unless specified conditions exist, such as a history of collisions or adjacency to high concentrations of bicyclists or pedestrians. Speed limits must be based on objective engineering analysis and cannot be raised or lowered on the basis of personal perception or preference.

The City last conducted an engineering and traffic survey for speed limits on City roadways in 2017. That survey was presented to the City Council on October 18, 2017 and resulted in the adoption of Ordinance No. 17-11, which increased the speed limit on El Toro Road between Avenida Sevilla and Paseo de Valencia from 35 to 40 miles per hour. No other changes were made to speed limits at that time.

An aerial exhibit identifying existing speed limits is included as Attachment C.

Existing speed limits are also detailed on page 12 of Attachment B.

ITEM 8.2
CC  10-14-2024 ARM ITEM 8.2 – AR Page 3 of 4
The Fiscal Years 2023-25 Budget & Work Plan includes the following significant work plan item:
“Engineering and Traffic Survey for Speed Limits – Complete the periodic review of speed limits required by the California Vehicle Code and adopt and implement any necessary changes to speed limits.

This item applies to all public streets (El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue).”
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on a proposed ordinance that would amend Section 8.06.010 of the Laguna Woods Municipal Code to adopt and establish speed limits for El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue (Attachment A). Staff recommends that the City Council conduct a public hearing and initiate the adoption process for the proposed ordinance in order to establish speed limits that are reasonable, safe, and facilitate the orderly movement of traffic on City roadways based on recommendations set forth in an engineering and traffic survey prepared in accordance with applicable provisions of the California Vehicle Code, and that allow for the use of lidar, radar, and other electronic devices for speed enforcement. The engineering and traffic survey that supports the recommendation is included as Attachment B.

The proposed ordinance would reduce the speed limits on El Toro Road between Aliso Creek Road and Calle Sonora, and re-establish all other existing speed limits.

The specific, proposed speed limit reductions by roadway segment are as follows:
• El Toro Road from Aliso Creek Road to Calle Corta (both east and west) would be reduced from 50 to 45 miles per hour
• El Toro Road from Calle Corta to Calle Sonora (both east and west) would be reduced from 50 to 45 miles per hour
An aerial exhibit identifying proposed speed limits is included as Attachment D.

Proposed speed limits are also detailed on page 12 of Attachment B.

Environmental Review
The City Council is asked to find that the proposed ordinance is not subject to the ITEM 8.2
ITEM 8.2 – AR Page 4 of 4 CC  10-14-2024 ARM
California Environmental Quality Act of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guidelines Section 15378(b)(2) excludes “[c]ontinuing administrative. . . activities, such as . . . general policy and procedure making” and Section 15378(b)(5) excludes “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” from its definition of “project.” The City Council is also asked to find that, even if the proposed ordinance were subject to CEQA, it would be exempt based on CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Fiscal Impact
Sufficient funds to support this project are included in the Fiscal Years 2023-25 Budget & Work Plan. The cost of purchasing and installing signage related to the proposed speed limit reductions is estimated at less than $5,000 and could be accommodated within the existing budget. No new or increased appropriations are sought as part of this agenda item.

Documents Available for Review
Related documents – including the existing ordinance, proposed ordinance, and the Laguna Woods Municipal Code – are available for public review at or from City Hall during normal working hours. The Laguna Woods Municipal Code is also available for review at www.cityoflagunawoods.org.

Report Prepared With: April Baumgarten, Public Works Administrator Attachments: A – Proposed Ordinance
Exhibit A – Proposed Code Amendments
B – Engineering and Traffic Survey (dated October 2, 2024) C – Existing Speed Limits Map
D – Proposed Speed Limits Map
ITEM 8.2
Attachment A
Proposed Ordinance
This page is intentionally blank.

ITEM 8.2 – Attachment A
O 24-XX 1 XX-XX-2024
ORDINANCE NO. 24-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING SECTION 8.06.010 OF

THE LAGUNA WOODS MUNICIPAL CODE TO ADOPT AND

ESTABLISH SPEED LIMITS FOR EL TORO ROAD, MOULTON

PARKWAY, RIDGE ROUTE DRIVE, AND SANTA MARIA AVENUE,

INCLUDING REDUCED SPEED LIMITS ON EL TORO ROAD
BETWEEN ALISO CREEK ROAD AND CALLE SONORA, AND REESTABLISHMENT OF ALL OTHER EXISTING SPEED LIMITS , AND

DETERMINING AND CERTIFYING THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the California Vehicle Code sets forth the process by which speed limits must be established and periodically reviewed; and WHEREAS, speed limits for El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue are codified at Section 8.06.010 of the Laguna Woods Municipal Code; and
WHEREAS, an Engineering and Traffic Survey performed by Iteris, Inc. (dated October 2, 2024) recommends no change in the speed limits for 10 of the 11 street segments studied, and a reduction in the speed limits for El Toro Road between Aliso Creek Road and Calle Sonora from 50 miles per hour to 45 miles per hour; and
WHEREAS, City staff has reviewed and concur with the recommendations in the Engineering and Traffic Survey performed by Iteris, Inc. (dated October 2, 2024), and recommend amendments to the existing speed limits as set forth in the attached Exhibit A to this Ordinance (the “Code Amendments”); and WHEREAS, on October 14, 2024, the City Council held a duly noticed public hearing on this Ordinance 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.

THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:

ITEM 8.2 – Attachment A
O 24-XX 2 XX-XX-2024
SECTION 1. The City Council hereby finds and determines that (i) each of the recitals to this Ordinance are true and correct, and are adopted herein as findings; (ii) the Code Amendments comply with all applicable requirements of State law; (iii) the Code Amendments will not adversely affect the health, safety, or welfare of the residents within the community; (iv) the Code Amendments are in the public interest of the City of Laguna Woods; and, (v) the Code Amendments are consistent with the Laguna Woods General Plan and its various elements.

SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that this Ordinance is not subject to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guidelines Section 15378(b)(2) excludes “[c]ontinuing administrative. . . activities, such as . . . general policy and procedure making” and Section 15378(b)(5) excludes “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” from its definition of “project.”
After reviewing the entire project record, the City Council also hereby determines and certifies that that, even if the Ordinance were subject to CEQA, it would be exempt based on CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Section 8.06.010 of Title 8 (Traffic Control) of the Laguna Woods Municipal Code is hereby amended to read as set forth in Exhibit A, attached to this Ordinance and incorporated herein by this reference.

SECTION 4. This Ordinance shall take effect and be in full force and operation thirty (30) calendar days after adoption.

SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby ITEM 8.2 – Attachment A
O 24-XX 3 XX-XX-2024
declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 6. The Mayor shall sign this Ordinance.

SECTION 7. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

SECTION 8. All of the above-referenced documents and information have been and are on file with the City Clerk of the City.

PASSED, APPROVED AND ADOPTED this XX day of XX 2024.
_____________________________________
NOEL HATCH, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________________
ALISHA PATTERSON, City Attorney
ITEM 8.2 – Attachment A
O 24-XX 4 XX-XX-2024

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Ordinance No. 24-XX was duly introduced and placed upon its first reading at an adjourned regular meeting of the City Council on the XX day of XX 2024, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the XX day of XX 2024 by the following vote to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.2 – Exhibit A to Attachment A
-1-

EXHIBIT A

CODE AMENDMENTS
Section 8.06.010 (“Speed Limits”) of Chapter 8.06 (“Vehicle Operation”) of Title 8 (“Traffic Control”) of the Laguna Woods Municipal Code is hereby amended in its entirety to read as follows (additions shown with underlining, deletions shown with strikethrough):

Sec. 8.06.010. - Speed limits.

The following speed limits are established:

Street Segment Speed Limit
El Toro Road Aliso Creek Road to Calle Corta 50 mph45 mph El Toro Road Calle Corta to Calle Sonora 50 mph45 mph
El Toro Road Calle Sonora to Moulton Parkway 45 mph
El Toro Road Moulton Parkway to Avenida Sevilla 40 mph
El Toro Road Avenida Sevilla to Paseo de Valencia 40 mph Moulton Parkway Santa Maria Avenue to El Toro Road 45 mph Moulton Parkway El Toro Road to Calle Cortez 45 mph
Moulton Parkway Calle Cortez to South City Limits 45 mph Ridge Route Drive Moulton Parkway to East City Limits 45 mph Santa Maria Avenue Moulton Parkway to Via Vista 40 mph
Santa Maria Avenue Santa Vittoria to Avenida Sosiega 40 mph This page is intentionally blank.

ITEM 8.2
Attachment B
Engineering and Traffic Survey (dated October 2, 2024)
This page is intentionally blank.

California MUTCD 2014 Edition Page 133
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) 04 If used, the Overhead Pedestrian Crossing sign shall be placed over the roadway at the crosswalk location.
05 An In-Street or Overhead Pedestrian Crossing sign shall not be placed in advance of the crosswalk to educate road users about the State law prior to reaching the crosswalk, nor shall it be installed as an educational display that is not near any crosswalk.

Guidance:
06 If an island (see Chapter 3I) is available, the In-Street Pedestrian Crossing sign, if used, should be placed on the island.

Option:
07 If a Pedestrian Crossing (W11-2) warning sign is used in combination with an In-Street or an Overhead Pedestrian Crossing sign, the W11-2 sign with a diagonal downward pointing arrow (W16-7P) plaque may be post-mounted on the right-hand side of the roadway at the crosswalk location.

Standard:
08 The In-Street Pedestrian Crossing sign and the Overhead Pedestrian Crossing sign shall not be used at signalized locations controlled approaches. 09 The STOP FOR legend shall only be used in States where the State law specifically requires that a driver must stop for a pedestrian in a crosswalk.
10 The In-Street Pedestrian Crossing sign shall have a black legend (except for the red STOP or YIELD sign symbols) and border on a white background, surrounded by an outer yellow or fluorescent yellowgreen background area (see Figure 2B-2). The Overhead Pedestrian Crossing sign shall have a black legend and border on a yellow or fluorescent yellow-green background at the top of the sign and a black legend and border on a white background at the bottom of the sign (see Figure 2B-2). 11 Unless the In-Street Pedestrian Crossing sign is placed on a physical island, the sign support shall be designed to bend over and then bounce back to its normal vertical position when struck by a vehicle.

Support:
12 The Provisions of Section 2A.18 concerning mounting height are not applicable for the In-Street Pedestrian Crossing sign.

Standard:
13 The top of an In-Street Pedestrian Crossing sign shall be a maximum of 4 feet above the pavement surface. The top of an In-Street Pedestrian Crossing sign placed in an island shall be a maximum of 4 feet above the island surface.

Option:
14 The In-Street Pedestrian Crossing sign may be used seasonably seasonally to prevent damage in winter because of plowing operations, and may be removed at night if the pedestrian activity at night is minimal. 15 In-Street Pedestrian Crossing signs, Overhead Pedestrian Crossing signs, and Yield Here To (Stop Here For) Pedestrians signs may be used together at the same crosswalk.

Section 2B.13 Speed Limit Sign (R2-1)
Support:
00 The setting of speed limits can be controversial and requires a rational and defensible determination to maintain public confidence. Speed limits are normally set near the 85th-percentile speed that statistically represents one standard deviation above the average speed and establishes the upper limit of what is considered reasonable and prudent. As with most laws, speed limits need to depend on the voluntary compliance of the greater majority of motorists. Speed limits cannot be set arbitrarily low, as this would create violators of the majority of drivers and would not command the respect of the public.

Artificially low speed limits can lead to poor compliance as well as large variations in speed within the traffic stream. Increased speed variance can also create more conflicts and passing maneuvers. 00a The most effective way to reduce speeds is through a combination of strategies using traffic control devices related to speed management, roadway design and engineering solutions, traffic calming techniques and measures, public education, and enforcement efforts. Effectively managing road user speed relies on numerous factors, which include enforcement, roadway characteristics, surrounding environment, adjacent land use, and traffic control devices. Many studies find that engineering changes, such as change a road’s infrastructure, are one of the most important factors in reducing vehicle operating speeds. Engineering changes are also one of the most effective interventions at reducing pedestrian injury and Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs California MUTCD 2014 Edition Page 134
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) fatality rates. Potential street engineering changes, such as curb extensions, median islands, raised crosswalks, roundabouts, and speed bumps or speed humps, naturally result in lower speeds. It is realized that these engineering changes can be costly and time-consuming to implement.

Standard:
01 Speed zones (other than statutory speed limits) shall only be established on the basis of an engineering and traffic survey (E&TS) study that has been performed in accordance with traffic engineering practices. The engineering study shall include an analysis of the current speed distribution of free-flowing vehicles. 02 The Speed Limit (R2-1) sign (see Figure 2B-3) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency based on the engineering study. The speed limits displayed shall be in multiples of 5 mph.
03 Speed Limit (R2-1) signs, indicating speed limits for which posting is required by law, shall be located at the points of change from one speed limit to another.
04 At the downstream end of the section to which a speed limit applies, a Speed Limit sign showing the next speed limit shall be installed. Additional Speed Limit signs shall be installed beyond major intersections and at other locations where it is necessary to remind road users of the speed limit that is applicable. 05 Speed Limit signs indicating the statutory speed limits shall be installed at entrances to the State and, where appropriate, at jurisdictional boundaries in urban areas.

Support:
06 In general, the maximum speed limits applicable to rural and urban roads are established:

A. Statutorily – a maximum speed limit applicable to a particular class of road, such as freeways or city streets, that is established by State law; or
B. As altered speed zones – based on engineering studies. 07 State statutory limits might restrict the maximum speed limit that can be established on a particular road, notwithstanding what an engineering study might indicate.

Option:
08 If a jurisdiction has a policy of installing Speed Limit signs in accordance with statutory requirements only on the streets that enter a city, neighborhood, or residential area to indicate the speed limit that is applicable to the entire city, neighborhood, or residential area unless otherwise posted, a CITYWIDE (R2-5aP), NEIGHBORHOOD (R2-5bP), or RESIDENTIAL (R2-5cP) plaque may be mounted above the Speed Limit sign and an UNLESS OTHERWISE POSTED (R2-5P) plaque may be mounted below the Speed Limit sign (see Figure 2B-3).

Guidance:
09 A Reduced Speed Limit Ahead (W3-5 or W3-5a) sign (see Section 2C.38) should be used to inform road users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering judgment indicates the need for advance notice to comply with the posted speed limit ahead. 10 States and local agencies should conduct engineering studies at least once every 5, 7 or 14 years, in compliance with CVC Section 40802 to reevaluate non-statutory speed limits on segments of their roadways that have undergone significant changes since the last review, such as the addition or elimination of parking or driveways, changes in the number of travel lanes, changes in the configuration of bicycle lanes, changes in traffic control signal coordination, or significant changes in traffic volumes. 11 No more than three speed limits should be displayed on any one Speed Limit sign or assembly. 12 When a speed limit within a speed zone is posted, it should be within 5 mph of the 85th-percentile speed of freeflowing traffic.

CVC Section 22358.6 – 85th-Percentile, Rounding, 5 mph Increment, 5 mph speed reduction and Maximum Speed Reduction
Standard:
12a When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic (CVC Section 22358.6(a)), except as shown in the two Options below for rounding down and using 5 mph speed reduction (CVC Section 22358.6(b)), or rounding up (CVC Section 22358.6(c)), or if using additional 5 mph speed reduction on local agency roadways for safety corridor designation (CVC Section 22358.7(a)(1)) or adjacent to land or facility generating high concentrations of bicyclists and pedestrians (CVC Section 22358.7(a)(2)).

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs
California MUTCD 2014 Edition Page 135
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Option:

1. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding down, the posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with CVC Sections 627 and 22358.5. CVC Sections 22353, 22353.2, 22353.3, 22353.4, and 22353.5, may also be considered, if applicable. See Standard below for documentation requirements. Refer to CVC Section 22358.6(b).

2. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used. Refer to CVC Section 21400(b). Refer to CVC Section 22358.6(c).

Standard:
12b If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lower speed limit shall be in compliance with CVC Sections 627 and 22358.5. Refer to Section 22358.6(b).
12c The total reduction in the speed limit using the nearest 5 mph increment (CVC Section 22358.6(a)), rounding up (CVC Section 22358.6(c)), rounding down and using 5 mph speed reduction (CVC Section22358.6(b)), additional 5 mph speed reduction for safety corridor designation (CVC Section 22358.7(a)(1)) or adjacent to land or facility generating high concentrations of bicyclists and pedestrians (CVC Section 22358.7(a)(2)), this speed reduction shall not exceed

12.4 mph from the 85th-percentile speed. Refer to CVC Section 22358.6(e).

Support:
12d Refer to Tables 2B-103(CA) and 2B-104(CA), which provides examples of 85th-percentile speed values and the application of the speed limit policies and criteria applicable per CVC 22358.6 and 22358.7. 12e Any existing E&TS that was performed before January 1, 2022 in accordance with previous traffic control device standards is not required to be updated until it is due for reevaluation per the 5, 7 or 14 year criteria.

CVC Sections 22358.7, 22358.8 and 22358.9 – Applicability on State Highway System & Local Agency Roadways Standard:
12f CVC Sections 22358.7, 22358.8 and 22358.9 and their related policies shall not be applicable to roadways on the State Highway System.

Support:
12g CVC Sections 22358.7, 22358.8 and 22358.9 and their related policies are applicable on local agency roadways. 12h CVC Sections 22358.7, 22358.8 and 22358.9 and their related policies are also applicable on any privately owned and maintained roads or commercial establishments, if the private road or private property has been subjected to the CVC application by the private property owner or a particular city or county enacts an ordinance or resolution to this effect. Refer to CVC Sections 21100, 21100.1, 21107, 21107.5, 21107.6, and 21107.7.

Standard:
12i The additional 5 mph speed reduction allowed by CVC Section 22358.7 on designated safety corridors or on portions of highway adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, shall not be applicable on any roadway segment that is on the State Highway System 12j The option allowed by CVC Section 22358.8 to retain the currently adopted speed limit or restore the immediately prior adopted speed limit, shall not be applicable on any roadway segment that is on the State Highway System. 12k Declaring prima facie speed limits of 25 mph or 20 mph on a highway contiguous to a business activity district allowed by CVC Section 22358.9 shall not be applicable on any roadway segment that is on the State Highway System.

CVC Section 22358.7 – Safety corridor and Land or Facilities Generating High Concentrations of Bicyclists and Pedestrians
Standard:
12l Additional lowering of the speed limits from those calculated using rounding (up or down) per CVC Section 22358.6(b) and 22358.6(c) and 5 mph speed reduction using CVC Section 22358.6(b), as included in paragraph 12a, and Options #1 and #2 processes, is prohibited, except for the local agency roadway segments designated as “safety corridor” or “land or facilities that generate high concentrations of bicyclists and pedestrians” in compliance with CVC Sections 22358.6(d) and 22358.7.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs
California MUTCD 2014 Edition Page 136
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Option:
12m Local agencies may additionally lower the speed limits by 5 mph from those calculated using rounding (up or down) per CVC Section 22358.6(b) and 22358.6(c) and 5 mph speed reduction using CVC Section 22358.6(b) if, after completing an E&TS, find that the speed limit is still more than is reasonable or safe, for either of the following reasons:

1. The portion of a highway has been designated as a safety corridor.

2. The portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused.

CVC Section 22358.7(a)(1) – “Safety Corridor” Definition Standard:
12n A safety corridor shall be defined as a roadway segment within an overall roadway network where the highest number of serious injury and fatality crashes occur.
12o One or more of the required crash weighting factors listed in the Table 2B-105(CA) shall be used to prioritize the locations of fatal and serious injury crashes in developing the “Safety Corridor”.

Option:
12p Data used to determine a safety corridor may be from the most recent Engineering and Traffic Survey (E&TS) performed.

The crash data source may include, but is not limited to, California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS).

Standard:
12q The prioritized subset of safety corridors shall:

1. Identify specific locations with high crash occurrences.

2. Identify corridor-level segments with a pattern of crash reoccurrence.

3. Be able to be stratified by mode.
12r Safety corridors shall represent a prioritized subset of the overall roadway network within an authority’s responsibilities and shall not exceed one-fifth of the overall roadway network.

Guidance:
12s A jurisdiction should use three to five years of the most recent crash data to determine a safety corridor based on Fatal and Serious Injury data.

Option:
12t For crash coverage, safety corridors may identify the subset of the overall roadway network where a minimum of 25% of the Fatal + Serious Injury (F+SI) crashes occur.
12u To identify logical termini, the geographic extent of a safety corridor may be determined by non-engineering staff.

Standard:
12v A licensed professional engineer shall sign off on logical termini identified for a safety corridor using existing E&TS.

Option:
12w Crash/Volume rate may be used to provide additional locations to be included in the safety corridor. Local agencies may use proactive measures as indicators.

CVC Section 22358.7(a)(2) – “Land or facility that generates high concentrations of bicyclists or pedestrians” definition Standard:
12x Except for the Option in first paragraph below, a land or facility that generates high concentrations of bicyclists or pedestrians shall be defined as the portion of the highway where one or more of any of the generators listed in Table 2B-106(CA) are present within a distance of 1320 feet.

Option:
12y Crash data that demonstrates a highway segment is within the top twenty percent of pedestrian and/or bicyclist fatalities or serious injuries over a three-to-five-year period may be used in lieu of one of the generators listed in Table 2B-106(CA).

Standard:
12z A highway segment shall be defined as the portion of the highway where a location that meets the aforementioned criteria is present within a distance of 1320 feet.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised February 6, 2023 Part 2 – Signs California MUTCD 2014 Edition Page 137
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Option:
12aa A highway segment may be longer than 1320 feet provided that a minimum of one location within the top twenty percent of fatal and serious injury pedestrian and/or bicyclist crashes within a three-to-five-year period is present for every 1320 feet.

Standard:
12ab The top twenty percent of pedestrian and/or bicyclist fatalities or serious injury crashes within a three to five year period shall be based on the geographic area within the jurisdiction of the Engineer performing the E&TS.

Option:
12ac A high concentration of pedestrians and bicyclists may be longer than 1320 feet provided that a minimum of one generator is present for every 1320 feet.
12ad Data used to determine high concentration locations may be obtained from the most recently performed Engineering and Traffic Survey (E&TS).

Standard:
12ae The provisions of CVC Section 22358.7 to additionally lower the speed limit (by designating safety corridor or on portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians), shall not be applicable until actions required per CVC Section 22358.7 by Department of Transportation and Judicial Council are completed or June 30, 2024, whichever is sooner.

CVC Section 22358.8 (Retain currently adopted or restore immediately prior speed limit) Option:
12af Local agency may retain the currently adopted speed limit without further reduction or restore the immediately prior adopted speed limit without further reduction as provided in CVC Section 22358.8.

Standard:
12ag Currently adopted speed limit or immediately prior adopted speed limit shall only be retained, by ordinance, if after completing an E&TS, local agency finds that the speed limit is still more than reasonable or safe, and that speed limit was established with an E&TS and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
12ah If local agency decides to use lower speed limit based on CVC Section 22358.8, after completing an E&TS and finding that the speed limit is still more than is reasonable or safe, it shall not be reduced by any more than 5 mph from the currently adopted speed limit not below the immediately prior speed limit. Refer to CVC Section 22358.8(b).

CVC Section 22358.9 – Business Activity District
Option:
12ai A local authority may, by ordinance, determine and declare a 25 or 20 mph prima facie speed limit on a highway contiguous to a business activity district when posted with a sign that indicates a speed limit of 25 or 20 mph if the highway segment meets all of the following conditions:

1. A maximum of four traffic lanes.

2. A maximum posted 30 mph prima facie speed limit immediately prior to and after the business activity district, if establishing a 25 mph speed limit.

3. A maximum posted 25 mph prima facie speed limit immediately prior to and after the business activity district, if establishing a 20 mph speed limit.
12aj A “business activity district” is that portion of a highway and the property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown or neighborhood scale and meets a least three of the following four requirements:

4. No less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway.

5. Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway.

6. Traffic control signals or stop signs regulating traffic flow on the highway, located at intervals of no more than 600 feet.

7. Marked crosswalks not controlled by a traffic control device.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs California MUTCD 2014 Edition Page 138
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Standard:
12ak A local authority shall not declare a prima facie speed limit on a portion of a highway where the local authority has already lowered the speed limit as permitted for designated safety corridors (CV Section 22358.7) or using the land or facility adjacent to high concentration of pedestrians and bicyclists (CVC Section 22358.7) or retained the currently adopted speed limit (CVC Section 22358.8) or have restored the immediately prior adopted speed limit (CVC Section 22358.8). Refer to CVC Section 22358.9(c).
13 Speed studies for signalized intersection approaches should be taken outside the influence area of the traffic control signal, which is generally considered to be approximately 1/2 mile, to avoid obtaining skewed results for the 85th-percentile speed.

Support:
14 Advance warning signs and other traffic control devices to attract the motorist’s attention to a signalized intersection are usually more effective than a reduced speed limit zone.

Guidance:
15 An advisory speed plaque (see Section 2C.08) mounted below a warning sign should be used to warn road users of an advisory speed for a roadway condition. A Speed Limit sign should not be used for this situation.

Option:
16 Other factors that may be considered when establishing or reevaluating speed limits are the following:

A. Road characteristics, shoulder condition, grade, alignment, and sight distance; B. The pace;
C. Roadside development and environment;
D. Parking practices and pedestrian activity; and
E. Reported crash experience for at least a 12-month period. 17 Two types of Speed Limit signs may be used: one to designate passenger car speeds, including any nighttime information or minimum speed limit that might apply; and the other to show any special speed limits for trucks and other vehicles.
18 A changeable message sign that changes the speed limit for traffic and ambient conditions may be installed provided that the appropriate speed limit is displayed at the proper times. 19 A changeable message sign that displays to approaching drivers the speed at which they are traveling may be installed in conjunction with a Speed Limit sign.

Guidance:
20 If a changeable message sign displaying approach speeds is installed, the legend YOUR SPEED XX MPH or such similar legend should be displayed. The color of the changeable message legend should be a yellow legend on a black background or the reverse of these colors.

Support:
21 Advisory Speed signs and plaques are discussed in Sections 2C.08 and 2C.14. Temporary Traffic Control Zone Speed signs are discussed in Part 6. The WORK ZONE (G20-5aP) plaque intended for installation above a Speed Limit sign is discussed in Section 6F.12. School Speed Limit signs are discussed in Section 7B.15. 22 Speed limits in California are governed by the California Vehicle Code (CVC), Sections 22348 through 22413; also, pertinent sections are found in Sections 627 and 40802 and others referenced in this section. See Section 1A.11 for information regarding this publication.
23 Refer to Part 6, Section 6C.01 for speed limit signs in temporary traffic control zones. Refer to Part 7 for speed limit signs in school areas.

Engineering and Traffic Survey (E&TS)
Support:
24 CVC Section 627 defines the term “Engineering and traffic survey” and lists its requirements.

Standard:
25 An engineering and traffic survey (E&TS) shall include, among other requirements deemed necessary by Caltrans, consideration of all of the following:

A. Prevailing speeds as determined by traffic engineering measurements.

B. Collision records.

C. Highway, traffic, and roadside conditions not readily apparent to the driver.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs
California MUTCD 2014 Edition Page 139
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Guidance:
26 The E&TS should contain sufficient information to document that the required three items of CVC Section 627 are provided and that other conditions not readily apparent to a driver are properly identified. 27 Prevailing speeds are determined by a speed zone survey. A speed zone survey should include:

A. The intent of the speed measurements is to determine the actual speed of unimpeded traffic. The speed of traffic should not be altered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements.

B. Only one person is required for the field work. Speeds should be read directly from a radar or other electronic speed measuring devices; or,
C. Devices, other than radar, capable of accurately distinguishing and measuring the unimpeded speed of free flowing vehicles may be used.

D. A location should be selected where prevailing speeds are representative of the entire speed zone section. If speeds vary on a given route, more than one speed zone section may be required, with separate measurements for each section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs.

E. Speed measurements should be taken during off-peak hours between peak traffic periods on weekdays. If there is difficulty in obtaining the desired quantity, speed measurements may be taken during any period with free flowing traffic.

F. The weather should be fair (dry pavement) with no unusual conditions prevailing.

G. The surveyor and equipment should not affect the traffic speeds. For this reason, an unmarked car is recommended, and the radar speed meter located as inconspicuously as possible.

H. In order for the sample to be representative of the actual traffic flow, the minimum sample should be 100 vehicles in each survey. In no case should the sample contain less than 50 vehicles.

I. Short speed zones of less than 0.5 miles should be avoided, except in transition areas.

J. Speed zone changes should be coordinated with changes in roadway conditions or roadside development.

K. Speed zoning should be in 10 mph increments except in urban areas where 5 mph increments are preferable.

L. Speed zoning should be coordinated with adjacent jurisdictions.

Support:
28 Physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. Refer to CVC 22358.5.

Option:
29 When qualifying an appropriate speed limit, local authorities may also consider all of the following findings:

A. Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:

1. Upon one side of the highway, within 0.25 miles, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.

2. Upon both sides of the highway, collectively, within a distance of 0.25 miles the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.

3. The portion of highway is larger than 0.25 miles but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph 1 or 2 above.

B. Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused. 30 The following two methods of conducting E&TS may be used to establish speed limits:

1. State Highways - The E&TS for State highways is made under the direction of the Caltrans District Traffic Engineer. The data includes:
a. One copy of the Example of Speed Zone Survey Sheet (See Figure 2B-101(CA)) showing:

A north arrow
Engineer's station or post mileage
Limits of the proposed zones
Appropriate notations showing type of roadside development, such as “scattered business,” “solid residential,” etc. Schools adjacent to the highway are shown, but other buildings need not be plotted unless they are a factor in the speed recommendation or the point of termination of a speed zone.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs
California MUTCD 2014 Edition Page 140
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Collision rates for the zones involved
Average daily traffic volume
Location of traffic signals, signs and markings
If the highway is divided, the limits of zones for each direction of travel Plotted 85th percentile and pace speeds at location taken showing speed profile b. A report to the District Director that includes:

The reason for the initiation of speed zone survey.

Recommendations and supporting reasons.

The enforcement jurisdictions involved and the recommendations and opinions of those officials.

The stationing or reference post in mileage at the beginning and ending of each proposed zone and any intermediate equations. Location ties must be given to readily identifiable physical features.

2. City and County Through Highways, Arterials, Collector Roads and Local Streets. a. The short method of speed zoning is based on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of motorists, and that by measuring motorists' speeds, one will be able to select a speed limit that is both reasonable and effective. Other factors that need to be considered include but are not limited to: the most recent two-year collision record, roadway design speed, safe stopping sight distance, superelevation, shoulder conditions, profile conditions, intersection spacing and offsets, commercial driveway characteristics, and pedestrian traffic in the roadway without sidewalks.
b. Determination of Existing Speed Limits - Figures 2B-103(CA) & 2B-104(CA) show examples of data sheets which may be used to record speed observations. Specific types of vehicles may be tallied by use of letter symbols in appropriate squares.
31 In most situations, the short form for local streets and roads will be adequate; however, the procedure used on State highways may be used at the option of the local agency. 32 Any agency may lower the speed limit below the prima facie speed limit after performing, and based on the results of an E&TS.

Guidance:
33 The establishment of a speed limit of more than 5 mph below the 85th percentile speed should be done with great care as studies have shown that establishing a speed limit at less than the 85th percentile generally results in an increase in collision rates; in addition, this may make violators of a disproportionate number of the reasonable majority of drivers.

Support:
34 Generally, the most decisive evidence of conditions not readily apparent to the driver surfaces in collision histories. 35 Speed limits are established at or near the 85th percentile speed, which is defined as that speed at or below which 85th percent of the traffic is moving. The 85th percentile speed is often referred to as the critical speed. Pace speed is defined as the 10 mph increment of speed containing the largest number of vehicles (See Figure 2B-102(CA)). The lower limit of the pace is plotted on the Speed Zone Survey Sheets as an aid in determining the proper zone limits. Speed limits higher than the 85th percentile are not generally considered reasonable and prudent. Speed limits below the 85th percentile do not ordinarily facilitate the orderly movement of traffic and require constant enforcement to maintain compliance. Speed limits established on the basis of the 85th percentile conform to the consensus of those who drive highways as to what speed is reasonable and prudent, and are not dependent on the judgment of one or a few individuals. 36 The majority of drivers comply with the basic speed law. Speed limits set at or near the 85th percentile speed provide law enforcement officers with a limit to cite drivers who will not conform to what the majority considers reasonable and prudent.

Further studies show that establishing a speed limit at less than the 85th percentile (Critical Speed) generally results in an increase in collision rates.

Option:
37 When roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, as indicated in collision records, speed limits somewhat below the 85th percentile may be justified. Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone.

Guidance:
38 Speed zones of less than 0.5 miles and short transition zones should be avoided.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs
California MUTCD 2014 Edition Page 141
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Signs
Standard:
39 The Speed Limit (R2-1) sign shall be used to give notice of a prima facie or maximum speed limit except as provided under Prima Facie Speed Limits in CVC 22352.
40 When used, the TRUCKS, 3 AXLES OR MORE 55 MAXIMUM (R6-3(CA)) sign shall be installed approximately 750 feet following each R2-1 sign.
41 The ALL VEHICLES WHEN TOWING 55 MAXIMUM (R6-4(CA)) sign shall be installed approximately 750 feet following the R6-3(CA) sign.

Guidance:
42 The R6-3(CA) and R6-4(CA) signs should be placed on highway segments where speeds in excess of 55 mph are permitted.

Option:
43 The existing AUTOS WITH TRAILERS, TRUCKS 55 MAXIMUM (R6-1(CA)) sign may remain in place until it is knocked down, damaged, stolen, vandalized, or otherwise reaches the end of its useful life. 44 The local California Highway Patrol office may be consulted to identify highway segments where enforcement is an issue.

On these segments early replacement of existing R6-1(CA) signs may be necessary.

Support:
45 Refer to CVC Section 22406 for types of vehicles subject to the 55 mph maximum speed limit.

Option:
46 The Speed Zone Ahead (R2-4(CA)) sign (see Figure 2B-3(CA)) may be used to inform the motorist of a reduced speed zone.

Standard:
47 The R2-4(CA) sign shall always be followed by a Speed Limit (R2-1) sign installed at the beginning of the zone where the reduced speed limit applies.
48 The End Speed Limit (R3(CA)) sign shall only be used to mark the end of a speed zone. 49 The R3(CA) sign shall not be used at a transition into a change in speed limits within a reduced zone.

Option:
50 The R3(CA) sign (see Figure 2B-3(CA)) may be used with the TRUCK (M4-4) plaque to mark the end of truck speed zones on descending grades.

Standard:
51 Speed limit signs shall be placed at the beginning of all restricted speed zones.

Option:
52 Where speed zones are longer than 1 mile, intermediate signs may be placed at approximate 1 mile intervals. For three or more lanes in each direction, dual installation may be used.

Standard:
53 The Speed Limit (R2-1) and End Speed Limit (R3(CA)) signs, as appropriate shall be placed at the end of all restricted speed zones.
54 Freeways with 65 mph and those segments where a speed limit of 70 mph has been approved by Caltrans, with approval by the California Highway Patrol, shall be posted as follows:

At the segment entrance, R2-1 signs shall be installed right of traffic off of the right shoulder.

R2-1 signs shall also be installed off of the right shoulder only, throughout the segment, at a maximum of 25 mile intervals.

Option:

The 25 mile interval may be modified to include locations following entrance ramps.

Standard:

The R6-3(CA) sign (see Figure 2B-3(CA)) shall be installed approximately 750 feet following each R2-1 sign, both at the beginning and throughout each 60, 65 or 70 mph segment.

The R6-4(CA) sign (see Figure 2B-3(CA)) shall be installed approximately 750 feet following each R6-3(CA) sign.

Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014 Part 2 – Signs
California MUTCD 2014 Edition Page 142
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Option:

The SLOWER TRAFFIC KEEP RIGHT (R4-3) signs may be installed at locations where there is a tendency of the motorists to drive in the left-hand lane(s) below the normal speed of traffic.

Standard:

Signs shall be placed in protected locations.

At the end of the 70/65 mph segment, R2-1 signs shall be installed off of the right shoulder. 55 Freeway segments where a 55 mph speed limit has been approved by Caltrans, with the approval of the California Highway Patrol, shall be posted as follows:

The beginning of the segment shall be posted with an R2-1 sign installed on the right shoulder and left shoulder where the median is of sufficient width to permit sign maintenance without lane closures.

Guidance:

Subsequent signs should then be posted on the right shoulder, on approximate 3 mile intervals, with no more than 3 interchanges between signs.

At the end of the segment, an R2-1 sign with the appropriate number for the next speed limit should be posted on the right shoulder.
56 Conventional highways with 55 mph speed limits should be posted as follows:

Standard:

The beginning of the segment shall be posted with an R2-1 sign installed on the right shoulder.

Guidance:

Subsequent signs should then be posted on approximate 5 to 10 mile intervals and immediately after locations where significant volumes of traffic enter the segment.

At the end of the segment, an R2-1 sign with the appropriate number for the next speed limit should be posted on the right shoulder.

Conventional highways with 65 mph speed limits should be posted as follows:

The beginning of the segment should be posted with an R2-1 sign installed on the right shoulder.

Subsequent signs should then be posted at 5 to 10 mile intervals and after locations where significant volumes of traffic enter the segment.

At the end of the segment, an R2-1 sign with the appropriate number for the next speed limit should be posted on the right shoulder.

Option:
57 Pavement markings with appropriate numerals (see Section 3B.21) may be used to supplement speed limit signs.

Standard:
58 The R2-1 and R6-3(CA) and R6-4(CA) signs giving maximum statewide speed limits for various types of vehicles shall be installed on all State highways near the points of entrance into California.

Guidance:
59 The R2-1 and R6-3(CA) and R6-4(CA) signs should be placed in a location to be most effectively viewed by the approaching motorists.

Standard:
60 Speed Limit (R2-1) signs shall be installed throughout segments of freeway with posted speed limits of 65 mph or 70 mph at a maximum of 25 mile intervals.

Option:
61 The 25 mile interval may be modified to include locations following entrance ramps.

Standard:
62 Speed Limit (R2-1) signs shall be installed throughout segments of conventional highways with a posted speed limit of 65 mph at 5 mile to 10 mile intervals.
63 Speed Limit (R2-1) signs shall be installed throughout segments of freeway with a posted speed limit of 55 mph at approximately 3 mile intervals with no more than 3 interchanges between signs. 64 Speed Limit (R2-1) signs shall be installed throughout segments of conventional highways with a posted speed limit of 55 mph at 5 mile to 10 mile intervals.

Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014 Part 2 – Signs
California MUTCD 2014 Edition Page 143
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Speed Enforced Signs
Option:
65 The SPEED ENFORCED BY RADAR (R48(CA)) sign (see Figure 2B-3(CA)) may be used where the California Highway Patrol has received authority to use radar and requests such signs.

Guidance:
66 One sign should be used in each direction at the beginning of the segment of roadway, and at intervening major route intersections, where radar enforcement is in effect.

Support:
67 The R48(CA) sign is a stand-alone sign intended to alert motorists that speed is enforced by radar on a particular segment of roadway.

Option:
68 The RADAR ENFORCED (R48-1(CA)) sign (see Figure 2B-3(CA)) may be used in combination with the Speed Limit (R2- 1) sign on any roadway where law enforcement has the authority to use radar.

Guidance:
69 When used, the R48-1(CA) sign should be placed below the R2-1 sign, at the beginning of the segment of roadway and at intervening major intersections, where radar enforcement is in effect.

Option:
70 The SPEED ENFORCED BY AIRCRAFT (R48-2(CA)) sign (see Figure 2B-3(CA)) may be placed, when requested by the California Highway Patrol, on sections of highway regularly patrolled by aircraft.

Standard:
71 The R48-2(CA) sign shall be used for both directions of travel.

Guidance:
72 The R48-2(CA) sign should be placed at the beginning of the section and spaced at 25 mile intervals. See Figure 3B105(CA).

Vehicle Speed Feedback Signs
Option:
73 A Vehicle Speed Feedback sign that displays to approaching drivers the speed at which they are traveling may be installed in conjunction with a Speed Limit (R2-1) sign.

Standard:
74 If a Vehicle Speed Feedback sign displaying approach speeds is installed, the legend shall be YOUR SPEED XX.

The numerals displaying the speed shall be white, yellow, yellow-green or amber color on black background. When activated, lights shall be steady-burn conforming to the provisions of CVC Sections 21466 and 21466.5. Vehicle Speed Feedback signs shall not alternatively be operated as variable speed limit signs.

Guidance:
75 To the degree practical, numerals for displaying approach speeds should be similar font and size as numerals on the corresponding Speed Limit (R2-1) sign.

Option:
76 When used, the Vehicle Speed Feedback sign may be mounted on either a separate support or on the same support as the Speed Limit (R2-1) sign.
77 In lieu of lights, legend may be retroreflective film for flip-disk systems. 78 The legend YOUR SPEED may be white on black plaque located above the changeable speed display.

Support:
79 Driver comprehension may improve when the Vehicle Speed Feedback Sign is mounted on the same support below the Speed Limit (R2-1) sign.
80 Vehicle Speed Feedback Signs are appropriate for use with advisory speed signs and with temporary signs in temporary traffic control zones.

Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014 Part 2 – Signs
California MUTCD 2014 Edition Page 144
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Basic Speed Law and Prima Facie Speed Limits – See CVC 22350 & 22352 Support:
81 The basic speed law states “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” Standard:
82 Prima facie speed limits are specific limits and shall apply unless changed based upon an engineering and traffic survey (E&TS) and signs are posted that display the new speed limit.

Option:
83 Prima facie speed limits may be preempted by the basic speed law, when roadway, traffic or weather conditions warrant a lower speed.

Use of Metric System Designations – See CVC 21351.3
Option:
84 Dual units for speed limits on signs may be placed on local streets and roads in both Metric and English units.

Guidance:
85 If used, dual unit speed limits should be rounded to the nearest 10 km/h for Metric and 5 mph for English units for posting on signs on local streets and roads.

Support:
86 Refer to AASHTO’s Traffic Engineering Metric Conversion Factors. See Section 1A.11 for information regarding this publication.

Standard:
87 Metric speed limits shall not be placed on State highways. For use in this California MUTCD, 70 mph shall be shown as a metric equivalent of 110 km/h, neither of which shall be used on any local street or road.

Legal Authority for Establishing Speed Limits
Support:
88 Delegation of legal authority to set speed limits on State highways is given to Caltrans District Directors. The District Director of each transportation district is authorized to issue orders regulating the speed of traffic, up to 65 mph on State highways. The Director of Caltrans retains the authority to approve variable, minimum, and maximum speeds up to 70 mph on State freeways.

Standard:
89 The speed limits shown in Table 2B-101(CA) shall apply, unless changed upon the basis of an engineering and traffic survey (E&TS).

Option:
90 The speed limits shown in Table 2B-102(CA) may apply, unless changed upon E&TS.

Variable Speed Limits on Freeways - See CVC 22355
Option:
91 The following speed limits may apply:

Whenever Caltrans determines based upon an engineering and traffic survey (E&TS) that the safe and orderly movement of traffic upon any freeway segment will be facilitated by the establishment of variable speed limits.

Caltrans may erect, regulate, and control signs upon the state highway which is a freeway, or any portion thereof, which, if used, signs shall be designed to permit display of different speeds at various times of the day or night.

Such signs need not conform to the standards & specifications per CVC 21400, but if used, shall be of sufficient size and clarity to give adequate notice of the applicable speed limit.

Minimum Speed Limits on State Highways - See CVC 22400
Option:
92 The following speed limits may apply:

Whenever Caltrans determines based upon an engineering and traffic survey (E&TS) that slow speeds on any part of a state highway consistently impede the normal and reasonable movement of traffic, Caltrans may determine and declare a minimum speed limit. Appropriate signs giving notice shall then be installed on that segment.

Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014 Part 2 – Signs
California MUTCD 2014 Edition Page 145
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) A motorist can be cited for stopping or impeding the normal and reasonable movement of traffic unless the stop is necessary for safe operation and in compliance with the law.

Speed Traps
Support:
93 Refer to CVC 40802 for Speed Traps.

Standard:
94 A speed trap shall not apply to a local street, road, school zone, senior zone, or business activity district.

Support:
95 Senior zone is an area approaching or passing a senior center building or other facility primarily used by senior citizens, or the grounds thereof that is contiguous to a highway and on which is posted a standard “SENIOR” warning sign pursuant to CVC Section 22352.
96 Business activity district is a section of highway described in CVC Section 22358.9(b) in which a standard 25 mph or 20 mph speed limit sign has been posted pursuant to CVC Section 22358.9(a)(1).

Standard:
97 A section of highway shall be defined as a speed trap if the prima facie speed limit is not justified by an engineering and traffic survey (E&TS) within five years, and the enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. 98 This time provision shall be extended to seven years when using radar and all of the following criteria are met:

The arresting officer has successfully completed a minimum of 24 hours of certified radar operator course training.

The radar used to measure the speed meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within three years of the alleged violation. 99 This time provision shall be extended to seven years when using laser or other electronic device (other than radar) and all of the following criteria are met:

The arresting officer has successfully completed a minimum of 24 hours of certified radar operator course training.

The arresting officer has successfully completed a minimum of 2 hours of additional approved certified training.

The radar used to measure the speed meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within three years of the alleged violation.

Option:
100 This time provision for an E&TS may be extended to ten years when all of the above conditions are met and no significant changes in roadway or traffic conditions have occurred, including changes in adjoining property or land use, roadway width, or traffic volume as determined by a registered engineer.

Truck Speed Zone on Descending Grades
Guidance:
101 Highway descending grades, if used for posting TRUCK Speed Limit signs (R2-1 and M4-4) for trucks travelling downhill, should have recorded incident history of runaway commercial vehicles. Descending grades shorter than 1 mile should be avoided for posting signs because deceleration of vehicles due to braking action can generally provide sufficient control on descending grades of less than 1 mile.

Support:
102 To establish a downhill truck speed limit, a physical profile showing length and gradient and a downhill speed profile for three or more axle commercial vehicles with a gross rating of 10,000 lbs. or more will be provided.

Standard:
103 Speed profiles for truck speed limits shall be prepared on the same form as other speed surveys. An analysis of collisions involving trucks shall be prepared.

Guidance:
104 Posted speeds should be on the low side of the scale, generally within the pace of loaded commercial vehicles.

Standard:
105 If warranted, the Caltrans District Director shall issue a standard speed zone order.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised January 6, 2023 Part 2 – Signs California MUTCD 2014 Edition Page 146
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Support:
106 Posting of the regulation will be by placement of a standard 36 x 45 inch Speed Limit (R2-1) sign with a TRUCK (M4-4) plate above.

Standard:
107 A standard End Speed Limit (R3(CA)) sign with TRUCK (M4-4) plate shall be posted at the end of the truck zone when appropriate.

Speed Zones in Temporary Traffic Control Areas
Support:
108 For signing and establishing speed zones in temporary traffic control areas, refer to Section 6C.01 in Part 6.

Speed Zones and Traffic Signals
Standard:
109 An agency changing the speed limits within its jurisdiction shall report the speed limit change to the agency operating and maintaining traffic signals within the speed zone no later than 30 days before changing the posted speed limit.

Support:
110 Changing the signal timing and adjusting the advance detector loops based on the revised speed limits can enhance the operations of the traffic signal.

Section 2B.14 Truck Speed Limit Plaque (R2-2P)
Standard:
01 Where a special speed limit applies to trucks or other vehicles, the legend TRUCKS XX or such similar legend shall be displayed below the legend Speed Limit XX on the same sign or on a separate R2-2P plaque (see Figure 2B-3) below the standard legend.
02 The Truck Speed Limit (R2-2) sign shall not be used in California. The TRUCK (M4-4) plaque placed above the Speed Limit (R2-1) sign shall be used instead.
03 The TRUCK (M4-4) plaque shall be placed above the Speed Limit (R2-1) sign to indicate the truck speed limit. It shall also be placed above the End Speed Limit (R3(CA)) sign to mark the end of truck speed limits.

Support:
04 Refer to Section 2B.13 for more details.

Section 2B.15 Night Speed Limit Plaque (R2-3P)
Standard:
01 Where different speed limits are prescribed for day and night, both limits shall be posted.

Guidance:
02 A Night Speed Limit (R2-3P) plaque (see Figure 2B-3) should be reversed using a white retroreflectorized legend and border on a black background.

Option:
03 A Night Speed Limit plaque may be combined with or installed below the standard Speed Limit (R2-1) sign.

Support:
04 Refer to CVC 22355.

Section 2B.16 Minimum Speed Limit Plaque (R2-4P)
Standard:
01 A Minimum Speed Limit (R2-4P) plaque (see Figure 2B-3) shall be displayed only in combination with a Speed Limit sign.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised March 27, 2020 Part 2 – Signs
Sign or Plaque Sign
Designation Section
Conventional Road
Single Expressway Freeway Minimum Oversized
Lane
MultiLane

FREEWAY - ACCESS RIGHTS

RESTRICTED ON THIS SECTION OF

HIGHWAY
S3-1(CA) 2B.39 30 x 24 30 x 24 --- --- --- ---

STATE PROPERTY - NO DUMPING -
NO PARKING - NO TRESPASSING S8(CA) 2B.111 36 x 22 36 x 22 --- --- --- ---

STATE PROPERTY - ANY PERSON

REMOVING OR MOLESTING SAME

WILL BE PROSECUTED
S20(CA) 2B.111 24 x 18 24 x 18 --- --- --- ---
Weigh Station Repair Service plaque S21(CA) 2B.60 36 x 24 36 x 24 --- --- --- --- Rest Area/Vista Point 8 HOUR
PARKING S23(CA) 2B.46, 2I.05 24 x 24 24 x 24 --- --- --- --- DAYLIGHT HEADLIGHT SECTION S30-1(CA) 2B.64 84 x 54 84 x 54 --- --- --- ---

TURN ON HEADLIGHTS NEXT X
MILES S30-2(CA) 2B.64 108 x 54 108 x 54 --- --- --- ---

END DAYLIGHT HEADLIGHT
SECTION S30-3(CA) 2B.64 84 x 66 84 x 66 --- --- --- --- TURN ON HEADLIGHTS S30-4(CA) 2B.64 84 x 42 84 x 42 --- --- --- --- CHECK HEADLIGHTS S30-5(CA) 2B.64 84 x 42 84 x 42 --- --- --- --- Safety Corridor Sign S33(CA) 2B.64 102 x 48 102 x 48 --- --- --- --- ____________________________________________________________________________________________ ____________________________________________________________________________________________ California MUTCD 2014 Edition Page 258
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Table 2B-1(CA). California Regulatory Sign and Plaque Sizes (Sheet 7 of 7) Table 2B-101(CA). Standard Application of Speed Limits per California Vehicle Code Speed Determined
by Roadway Facility CVC Section
15 mph State or
local authority
Railroad grade crossing with obstructed view
Uncontrolled highway intersection with obstructed view
An alley
22352.a.1
15 & 20 mph State or
local authority
Where the prima facie speed of 25 mph is more than is reasonable or safe Narrow street not exceeding 25 feet other than a State Highway in a business or residential area or in a public park
Road near a school or senior center facility
22358.3 &
22358.4
25 mph State or
local authority
Any highway in any business or residential district
A street contiguous to senior citizen facility other than a State highway Adjacent to a children’s playground in a public park, but only during particular hours or days when children are expected to use facilities 22352.b &
22357.1
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014 Part 2 – Signs
California MUTCD 2014 Edition Page 259
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Revised February 6, 2023 Table 2B-102(CA). Standard Application of Speed Limits per California Vehi Speed Determined by Roadway Facility CVC
Section
15 to 60 mph Caltrans State highway, based on an E&TS where ethe limit of 65 mph is more than reasonable or safe 22354
15 to 60 mph
Local city council
or county board
of supervisors for
Caltrans
State highway, local entities may conduct a public hearing on proposed increases or decreases and the State Department of Transportation shall take into consideration the results of the public hearing
22354.5
30 to 65 mph Local authority
Any street other than a State highway, by ordinance, may post a prima facie speed limit based on an E&TS where a speed > 25 mph would facilitate the orderly movement of vehicular traffic and would be reasonable and safe
22357
15 to 60 mph Local authority
Any street other than a State highway, by ordinance, may post a prima facie speed limit based on an E&TS where the limit of 65 mph is more than is reasonable and safe
22358.8(a)
20 to 50 mph for
Trucks
State or
local authority
Highways under their respective jurisdiction where 55 mph is more than is reasonable or safe for vehicles mentioned in CVC 22406 (Trucks and other large vehicles)
22407
Maximum Speed
55 mph
State or
local authority
Two-lane, undivided highway
Any highway if driving any of the following vehicles:
a. Motortruck or truck tractor with > 3 axles
b. Passenger vehicle or bus towing any other vehicle
c. School bus transporting any school pupil
d. A farm labor vehicle when transporting passengers
e. A vehicle transporting explosives
f. A trailer bus
22349.b & .c
and 22406
Maximum Speed
Limit of 65 mph
State or
local authority
Any highway, posted at 65 mph based upon an E&TS, for
vehicles not subject to CVC 22406
22349(a) &
22349
Maximum
Freeway Speed
Limit 70 mph
Caltrans
Freeways, after consultation with the California Highway Patrol, based upon an E&TS, or upon the basis of appropriate designs standards and projected traffic volumes in the case of newly constructed freeway segments, for vehicles not subject to CVC 22406
22356
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014 Part 2 – Signs Revised February 6, 2023
California MUTCD 2014 Edition Page 260
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Table 2B-103(CA). Examples showing applicability of rounding and additional speed reduction on State Highway System
85th-Percentile
Speed (mph)
Rounding to
nearest 5 mph
increment (CVC
22358.6(a))
If rounding to
nearest is up,
may round down
(CVC 22358.6(c))
If rounding to
nearest is down,
may additionally
lower by 5 mph
(CVC 22358.6(b))

47.5-50.0 50 45 N/A

45.1-47.4 45 N/A 40

42.5-45.0 45 40 N/A

40.1-42.4 40 N/A 35
Note – CVC Sections 22358.7, 22358.8 & 22358.9 are applicable to local agency roadways and public properties subjected to CVC, they are not applicable to the State Highway System. Refer to Section 2B.13 for more details.

Table 2B-104(CA). Examples showing applicability of rounding and additional speed reduction on Local Agency’s Roadways & Private Property Subjected to CVC
85th-Percentile
Speed (mph)
Rounding to
nearest 5 mph
increment (CVC
22358.6(a))
If rounding to
nearest is up,
may round down
(CVC 22358.6(c))
If rounding to
nearest is down,
may additionally
lower by 5 mph
(CVC 22358.6(b))
If safety corridor or
adjacent to high
concentration of
bicyclists &
pedestrians, may
additionally lower by
5 mph (CVC 22358.7)*

47.5-50.0 50 45 N/A 40

45.1-47.4 45 N/A 40 35

42.5-45.0 45 40 N/A 35

40.1-42.4 40 N/A 35 30
* Note – CVC Sections 22358.7, 22358.8 & 22358.9 are applicable to local agency roadways and private properties subjected to CVC, they are not applicable to the State Highway System. Refer to Section 2B.13 for more details.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised February 6, 2023 Part 2 – Signs
California MUTCD 2014 Edition Page 261
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Table 2B-105(CA). Safety Corridor Definition Requirements Category Factors
Crash Weighting Factors to
Develop One Serious/Fatal
Injury Safety Corridor
Crash weighting can be developed using fatal and serious injury crash data and other factors to prioritize safety corridors. Suggested weighting factors are as follows:

Crash severity: Fatal Crashes, Serious Injury Crashes
Mode: Pedestrian-bicycle related crashes, vehicle/other Disadvantaged Community Status: MPO/RTPA or locally defined disadvantaged community status based on most current version of CalEnviroScreen
Vulnerable Populations: Seniors (age 65 and older) and Youth (under age 15) based on the American Community Survey
School proximity (within 0.25 miles) based on the California School Campus Database
Crash Density
Each roadway segment block can be converted into ~ 0.25 mile overlapping “corridor” segments to create a consistent unit of measurement and asses the concentration of linear patterns of injuries within a define distance. The highest scoring (i.e. most fatal and serious injury crashes per mile) “corridor” segments within a street needs to be identified and an appropriate threshold set to determine safety corridor eligibility.

Maintenance The jurisdiction can establish a review and re-evaluation frequency for safety corridors. However, such frequency need not exceed seven years.

Chapter 2B – Regulatory Signs, Barricades, and Gates Revised February 6, 2023 Part 2 – Signs
Category Generator
Employment centers
Presence of retail
Parks, multi-use trails, and recreational destinations
Land Use Schools/universities
Senior Centers
Cultural areas, entertainment space areas, or areas of community significance Religious facilities
Health/medical facilities
Transit Factors Transit stops
Transit Oriented Developments/Transit Priority Areas
Sidewalk presence
Presence of Crosswalk presence
Pedestrian/Bicyclist Bikeway presence
Infrastructure Nearby signalized intersections on four-way intersections Presence of micromobility devices such as bicycles or scooters Demographic Factors
Presence of vulnerable groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused MPO/RTPA or locally defined disadvantaged community status Presence of students (all levels)
Local Data Need identified in a safety analysis such as a road safety audit or formalized planning document such as a local road safety plan
California MUTCD 2014 Edition Page 262
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Table 2B-106(CA). Requirements to determine Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians
Chapter 2B – Regulatory Signs, Barricades, and Gates Revised February 6, 2023 Part 2 – Signs

CamScanner

Appendix E – Collision Summary Reports is available on the City’s website at the following link, or at or from City Hall:
https://www.cityoflagunawoods.org/city-council-agendas-minutes-2024/

This page is intentionally blank.

ITEM 8.2
Attachment C
Existing Speed Limits Map
This page is intentionally blank.

Existing Speed Limits
City Council Ordinance No. 17-11
°
Source: Nearmap, City of Laguna Woods
Santa Maria Ave
Ridge Route Dr
Glenwood Dr
Laguna Hills Dr
Paseo de
Valencia
El Toro Rd
Moulton Pkwy
Aliso Creek Rd
§¨5
UV73
UV133
Laguna Woods City Limits
Speed Limits
35 mph
40 mph
45 mph
50 mph
Laguna Hills
Laguna Beach
Aliso Viejo
0 1,000 2,000
Feet
Lake Forest Calle
Sonora
This page is intentionally blank.

ITEM 8.2
Attachment D
Proposed Speed Limits Map
This page is intentionally blank.

Proposed Speed Limits
October 2, 2024 Engineering & Traffic Survey Source: Nearmap, City of Laguna Woods Santa Maria Ave
Ridge Route Dr
Glenwood Dr
Laguna Hills Dr
Paseo de
Valencia
El Toro Rd
Moulton Pkwy
Aliso Creek Rd
§¨5
UV73
UV133
Laguna Woods City Limits
Speed Limits*
35 mph
40 mph
45 mph
50 mph
*New Speed Limits Highlighted
Laguna Hills
Laguna Beach
Aliso Viejo
Lake Forest
°
0 1,000 2,000
Feet
Calle
Sonora
This page is intentionally blank.

9.1 FISCAL YEARS 2023-34 CAPITAL

IMPROVEMENT PROGRAM
This page is intentionally blank.

ITEM 9.1
CC  10-14-2024 ARM ITEM 9.1 – AR Page 1 of 2
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: October 14, 2024 Adjourned Regular Meeting
SUBJECT: Fiscal Years 2023-34 Capital Improvement Program Recommendation

1. Receive and file a quarterly report on the status of the Fiscal Years 2023-34 Capital Improvement Program and potential amendments thereof.

AND

2. Provide input to the City Manager on potential amendments of the Fiscal Years 2023-34 Capital Improvement Program.

Background
In accordance with Administrative Policy 2.9, and in order to assist with the longterm development of funding for major capital improvement projects on public property, the City Council adopts an 11-year Capital Improvement Program (“CIP”) as a part of each two-year budget. At each fiscal year intervening two-year budget adoptions, the City Council adopts an amended CIP for the same 11-year period in order to remain eligible to receive Measure M2 (OC Go) funds.

The City uses Measure M2 (OC Go) funds to support the maintenance, operation, and construction of roads and right-of-way.

The current CIP was adopted by the City Council on June 28, 2023 for an 11-year period spanning Fiscal Year 2023-24 through Fiscal Year 2033-34. The City Council most recently amended the CIP on May 15, 2024.

ITEM 9.1
ITEM 9.1 – AR Page 2 of 2 CC  10-14-2024 ARM
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on matters concerning the Fiscal Years 2023-34 CIP.

Staff will provide a quarterly report on the status of the Fiscal Years 2023-34 CIP.

The report will highlight progress toward the completion of CIP projects, as well as opportunities, needs, and challenges related to capital improvements.

CIP Projects – Construction Contract Awarded
El Toro Road and Moulton Parkway Water Quality Improvement Project: Phase 2 CIP Projects – Construction Contract Proposed
City Hall Refurbishment and Safety Project: Phase 4
Ridge Route Drive Drainage Repair Project
CIP Projects – Competitive Bidding Underway
Pavement Management Plan Project (Westbound El Toro Road between Calle Corta and City Limits) CIP Projects – Design Underway
Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 8 City Hall Complex Parking Lot Improvement Project
Woods End Wilderness Preserve Trail Drainage and Improvement Project POTENTIAL: Circulation Improvement Project – Fiscal Year 2024-25 CIP Projects – Pre-Design Underway
City Hall Refurbishment and Safety Project: Phase 5
Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 9 CIP Projects – Pending Grant Agreement
Paseo de Valencia - Moulton Parkway Confluence Bypass Corridor Project CIP Projects – Completed in Fiscal Years 2023-25
Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phases 6 and 6B Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 7 City Hall Electric Vehicle Charging Infrastructure Project City Hall/Public Library Project
El Toro Road and Moulton Parkway Water Quality Improvement Project: Phase 1 El Toro Road Medians Improvement Project (El Toro Road between Moulton Parkway and Calle Sonora) Pavement Management Plan Project (Westbound El Toro Road between Canyon Wren and Tanager) Fiscal Impact
This quarterly report is informational only.

Report Prepared With: April Baumgarten, Public Works Administrator