CITY of LAGUNA WOODS
CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, May 20, 2026
2:00 p.m.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, CA 92637
Pearl Lee
Mayor Pro Tem
Cynthia Conners
Councilmember
Annie McCary
Mayor
Shari L. Horne
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: Public comments/testimony are accepted 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 of Laguna Woods 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 or the California Relay Service at (800) 735- 2929/TTY (800) 735-2922. The City of Laguna Woods 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, the City of Laguna Woods posts agendas at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637; on the City of Laguna Woods’ 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 of Laguna Woods’ 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 except when prohibited by law.
Special and Emergency Meetings: Agenda posting and availability for special and emergency meetings is conducted pursuant to all applicable provisions of California Government Code.
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, visit www.cityoflagunawoods.org/emailnotifications, email [email protected], or contact the City Clerk’s Office at (949) 639- 0500. Please note that the City of Laguna Woods 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.
FOR ADDITIONAL INFORMATION
For additional information regarding this agenda, please contact the City Clerk’s Office at (949) 639- 0500, [email protected], or 24264 El Toro Road, Laguna Woods, CA 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, CA 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. /s/ Yolie Trippy 5/15/26
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda 05/20/2026 Regular Page 3 of 16
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.
To ensure each speaker is provided with an uninterrupted opportunity to speak for the full time allotted, members of the City Council and City staff are asked to reserve any responses they wish to make to public comments until after each speaker has completed their comments.
Speakers are requested, but not required, to identify themselves, both on any speaker cards and in comments/testimony. Speakers are advised that their names and any information submitted on speaker cards or otherwise provided in writing to the City may be disclosed or become a matter of public record. No speaker should expect privacy of such information.
2. In Writing
Written public comments/testimony should be clearly marked as such and may be mailed or 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 of Laguna Woods prior to 1:00 p.m. on the day of this meeting.
Written public comments/testimony will be provided to the Laguna Woods 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 of Laguna Woods may be disclosed or become a matter of public record. No party should expect privacy of such information.
REMOTE VIEWING AND/OR LISTENING OPPORTUNITIES
The City of Laguna Woods plans to offer the following remote viewing and/or listening opportunities as a courtesy for this meeting. These opportunities are not guaranteed to be operable, technically feasible, or uninterrupted. The instructions provided are not guaranteed to be correct or all-inclusive as Zoom and YouTube may modify interfaces and interfaces may differ by device or application. Members of the public who wish to ensure that they are able to view and/or listen to this meeting should attend in person.
1. Zoom (on a computer)
The City of Laguna Woods plans to live stream this meeting on Zoom (audio and/or video). Public comments/testimony will not be accepted via Zoom.
• Visit www.zoomgov.com
• Click on “Join” (if given an option select “by meeting ID”) • Enter the following meeting ID: 161 548 2089
• Click on “Join”
• Open the Zoom application following the on-screen prompts • Enter the following meeting passcode: 24264
• Follow any additional prompts and enter information as required by Zoom Parties are advised that information they provide to Zoom may be publicly visible and/or visible to the City of Laguna Woods and others. No party should expect privacy of such information.
2. Zoom (on a telephone)
The City of Laguna Woods plans to live stream this meeting on Zoom (audio and/or video). Public comments/testimony will not be accepted via Zoom.
• Call (669) 216-1590
• Follow the prompts and provide the information required by Zoom • When prompted for a meeting ID enter 161 548 2089
• There is no participant ID; follow prompts to bypass
• If asked for a passcode enter 24264
Parties are advised that their telephone number and information provided to Zoom may be publicly visible and/or visible to the City of Laguna Woods and others. No party should expect privacy of such information.
3. YouTube
The City of Laguna Woods plans to live stream this meeting on YouTube (audio and/or video).
Public comments/testimony will not be accepted via YouTube. • Visit www.youtube.com/@cityoflagunawoods
• Click on “Live”
• Click on “Laguna Woods Channel 3”
Parties are advised that information they provide to YouTube may be publicly visible and/or visible to the City of Laguna Woods and others. No party should expect privacy of such information.
4. Cable Television
The City of Laguna Woods plans to broadcast this meeting on cable television Channel 3 within Laguna Woods Village (audio and/or video). Public comments/testimony will not be accepted via cable television Channel 3.
Laguna Woods City Council Agenda 05/20/2026 Regular Page 5 of 16 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, oneby-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 determined by the City Council.
To ensure each speaker is provided with an uninterrupted opportunity to speak for the full time allotted, members of the City Council and City staff are asked to reserve any responses they wish to make to public comments until after each speaker has completed their comments.
Speakers are requested, but not required, to identify themselves, both on any 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 Asian American and Pacific Islander Heritage Month – May 2026 Recommendation: Approve and present the proclamation.
4.2 Older Adults Month – April 2026
Recommendation: Approve and present the proclamation.
4.3 Drowning Prevention Awareness Period – May-August 2026 Recommendation: Approve and present the proclamation.
4.4 Presentation – Foundation of Laguna Woods Village
Recommendation: Receive a presentation from the Foundation of Laguna Woods Village regarding the emergency help decal program.
4.5 Pride Month – June 2026
(agendized one month earlier than regularly scheduled by Administrative Policy 1.1 by Councilmember Conners)
Recommendation: Approve and present the proclamation.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. As a reminder, each speaker will have the opportunity to speak once for up to three minutes, unless otherwise determined by the City Council.
To ensure each speaker is provided with an uninterrupted opportunity to speak for the full time allotted, members of the City Council and City staff are asked to reserve any responses they wish to make to public comments until after each speaker has completed their comments.
Please note that, pursuant to state law, the City Council is unable to take action on or discuss items not appearing on this agenda, but may briefly respond to statements made or questions posed by speakers. The City Council may also refer items to City staff for follow up or response, request that City staff report back to the City Council at a subsequent meeting concerning items, or direct City staff to place items on a future agenda.
VI. CITY TREASURER’S REPORT
6.1 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of April 2026.
6.2 Quarterly Financial Report
Recommendation: Receive and file the Quarterly Financial Report for the third quarter of Fiscal Year 2025-26.
Laguna Woods City Council Agenda 05/20/2026 Regular Page 7 of 16
6.3 Operating Budget Excellence Award
Recommendation: Receive and file a report on the City’s receipt of an Operating Budget Excellence Award for Fiscal Years 2025-26 and 2026- 27 from the California Society of Municipal Finance Officers.
VII. CONSENT CALENDAR
About the Consent Calendar: All items appearing on the Consent Calendar are considered by the City Manager to be 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 any item appearing on the Consent Calendar at the time the item is considered, regardless of whether or not the item has been removed from the Consent Calendar.
Items that are removed from the Consent Calendar will be considered after the items remaining on the Consent Calendar.
7.1 City Council Minutes
Recommendation: Approve the City Council meeting minutes for the regular meeting on April 15, 2026.
7.2 Payment Register
Recommendation: Approve the payment register dated May 20, 2026 in the amount of $1,187,815.40.
7.3 Animal Control and Shelter Services
Recommendation: Approve an agreement with the City of Laguna Beach for animal control and services and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.
7.4 As Needed Financial Consulting Services
Recommendation:
1. As permitted by Laguna Woods Municipal Code Section 3.06.100(b), waive the competitive bidding requirements set forth in Laguna
Woods Municipal Code Section 3.06.080(c) for an extension and amendment of the agreement with Irwin B. Bornstein.
AND
2. Approve an extension and amendment of the agreement with Irwin B.
Bornstein for as needed financial consulting services and authorize the City Manager to execute the extension and amendment, subject to approval as to form by the City Attorney.
7.5 Law Enforcement Services
Recommendation: Approve an agreement with the County of Orange for law enforcement services and authorize the Mayor to execute the agreement, subject to approval as to form by the City Attorney.
7.6 Street Sweeping Services
Recommendation: Approve an agreement with SCA of CA, LLC for street sweeping services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
7.7 Traffic Engineering Services
Recommendation: Approve an agreement with Iteris, Inc. for traffic engineering services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
7.8 Traffic Signal, Street Light, and City Hall Lighting Maintenance Services Recommendation: Approve an extension of the agreement with Bear Electrical Solutions, Inc. for traffic signal, street light, and City Hall lighting maintenance services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.
7.9 Software Licensing and Implementation Services
Recommendation: Approve an amendment to the existing agreement with Tyler Technologies, Inc. for software licensing and implementation services to add Software as a Service (SaaS) for human resources management and authorize the City Manager to execute the amendment, subject to approval as to form by the City Attorney.
Laguna Woods City Council Agenda 05/20/2026 Regular Page 9 of 16
7.10 Waste Management Consulting Services
Recommendation:
1. As permitted by Laguna Woods Municipal Code Section 3.06.100(b), waive the competitive bidding requirements set forth in Laguna Woods Municipal Code Section 3.06.080(c) for an extension of the agreement with CityGreen Consulting, LLC.
AND
2. Approve an extension of the agreement with CityGreen Consulting, LLC for waste management consulting services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.
7.11 Woods End Wilderness Preserve Trail Drainage and Improvement Project Recommendation:
1. Approve the final record plans and specifications reflecting completion of the “Woods End Wilderness Preserve Trail Drainage and Improvement Project” as prepared by the project architect and their licensed professionals.
AND
2. Accept project completion of the contract agreement with Millsten Enterprises, Inc. for the construction of the “Woods End Wilderness Preserve Trail Drainage and Improvement Project” and authorize the City Manager to execute and record, or cause to be executed and recorded, a notice of completion with the County of Orange.
AND
3. Authorize the City Manager to release the contract retention payment withheld per state law, and exonerate project posted bonds, for the “Woods End Wilderness Preserve Trail Drainage and Improvement Project,” 35 days following recordation of the notice of completion with the County of Orange, to the extent allowed by state law.
7.12 Surveillance Cameras at the El Toro Water District’s Oso Lift Station
Recommendation: Approve a memorandum of understanding with the El Toro Water District to allow the City to install, operate, and maintain surveillance cameras at the El Toro Water District’s Oso Lift Station and authorize the Mayor to execute the memorandum of understanding, subject to approval as to form by the City Attorney.
7.13 General Municipal Election
Recommendation:
1. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026 FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATED TO GENERAL LAW CITIES
AND
2. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026 WITH THE GENERAL ELECTION TO BE HELD ON THE SAME
DATE, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 AND
3. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, INCLUDING, BUT
NOT LIMITED TO, THE AMOUNT OF THE CHARGE THAT WOULD BE
LEVIED AGAINST CANDIDATES FOR A CANDIDATE STATEMENT TO BE
INCLUDED IN VOTER INFORMATION GUIDES
Laguna Woods City Council Agenda 05/20/2026 Regular Page 11 of 16 AND
4. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, PROVIDING FOR TIE VOTES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026 TO BE RESOLVED BY LOT, IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 15651
7.14 City Manager Professional Development Expenditures Recommendation: Authorize expenditures from the existing General Fund budget for the City Manager’s membership in the International City/County Management Association (ICMA) and registration to participate in ICMA’s Annual Conference, October 17-21, 2026, in Long Beach, California, in an amount not to exceed $2,115.
VIII. PUBLIC HEARINGS
8.1 Conditional Use Permit CUP-2025-0007, a request by Andrew Fogg, Esq. with Cox, Castle & Nicholson LLP for approval of a conditional use permit to amend Planning Application PA99-0027 to allow for the modification of pavement striping, markings, and legends, as well as the installation of related signage, within an existing parking lot and parking structure to increase the number of accessible and alternative vehicle parking stalls, resulting in a net increase of one parking stall, at 24361 El Toro Road, Laguna Woods, CA 92637
Recommendation:
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP2025-0007 TO AMEND PLANNING APPLICATION PA99-0027 TO
ALLOW FOR THE MODIFICATION OF PAVEMENT STRIPING,
MARKINGS, AND LEGENDS, AS WELL AS THE INSTALLATION OF
RELATED SIGNAGE, WITHIN AN EXISTING PARKING LOT AND
PARKING STRUCTURE TO INCREASE THE NUMBER OF ACCESSIBLE
AND ALTERNATIVE VEHICLE PARKING STALLS, RESULTING IN A NET INCREASE OF ONE PARKING STALL, AT 24361 EL TORO ROAD,
LAGUNA WOODS, CA 92637, AND DETERMINING AND CERTIFYING
THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
8.2 Accessory Dwelling Units Ordinance
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
Laguna Woods City Council Agenda 05/20/2026 Regular Page 13 of 16 WOODS, CALIFORNIA, AMENDING SECTIONS 13.06.010 AND
13.26.230 OF THE LAGUNA WOODS MUNICIPAL CODE PERTAINING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS; AND DETERMINING AND CERTIFYING THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
IX. CITY COUNCIL BUSINESS
9.1 Public Participation in City Meetings and Events
Recommendation:
1. Provide direction to the City Manager on policies and procedures for public participation in City Council meetings including, but not limited to, implementation of California Senate Bill 707 (Durazo, Chapter 327, Statutes of 2025).
AND
2. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY 1.4
PERTAINING TO THE DISRUPTION OF TELEPHONIC OR INTERNET
SERVICE DURING MEETINGS OF THE CITY COUNCIL, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION
54953.4
AND
3. As permitted by Laguna Woods Municipal Code Section 3.06.100(b), waive the competitive bidding requirements set forth in Laguna Woods Municipal Code Section 3.06.040 for the purchase of a semicustom Americans with Disabilities Act (“ADA”)-style accessible lectern for use during City meetings and events from Key Code Media, Inc., and authorize the City Manager to make such purchase, in an amount not to exceed $13,000.
9.2 Audit Committee
Recommendation:
1. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY 1.5
PERTAINING TO THE ESTABLISHMENT AND OPERATION OF AN AUDIT
COMMITTEE OF THE CITY COUNCIL
AND
2. Appoint three members of the City Council to serve on the Audit Committee from May 20, 2026 through December 31, 2026.
AND
3. Designate members of the Audit Committee to serve as the Chair and Vice Chair of the Audit Committee from May 20, 2026 through December 31, 2026.
9.3 Road Repair and Accountability Act of 2017 Project List Recommendation: Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING A LIST OF FISCAL YEAR 2026-27
PROJECTS PROPOSED TO RECEIVE FUNDING FROM THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017’S LOCAL STREETS AND
ROADS FUNDING PROGRAM (ROAD MAINTENANCE AND
REHABILITATION ACCOUNT), AS REQUIRED BY CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 2034(A)(1), AND MAKING RELATED
AFFIRMATIONS AND AUTHORIZATIONS
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 of Laguna Woods and meetings attended at the expense of the City of Laguna Woods 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
Mayor McCary, First Alternate: Mayor Pro Tem Lee, Second Alternate:
Councilmember Conners
Laguna Woods City Council Agenda 05/20/2026 Regular Page 15 of 16
10.2 Orange County Fire Authority
Councilmember Horne
10.3 Orange County Library Advisory Board
Councilmember Moore; Alternate: Mayor McCary
10.4 Orange County Mosquito and Vector Control District Mayor Pro Tem Lee
10.5 San Joaquin Hills Transportation Corridor Agency
Councilmember Conners; Alternate: Mayor Pro Tem Lee
10.6 South Orange County Watershed Management Area
Councilmember Moore; Alternate: Mayor McCary
10.7 Other Comments and Reports
• Orange County Sheriff’s Advisory Council Medal of Valor Awards Ceremony, April 16, 2026 – Mayor McCary and Mayor Pro Tem Lee • California Joint Powers Insurance Authority (CJPIA) Elected Officials Summit, April 29-May 1, 2026 – Councilmember Moore
• Southern California Association of Governments (SCAG) 2026 General Assembly, May 7, 2026 – Councilmember Moore
• Other Comments and Reports
XI. CLOSED SESSION
Closed Session Note: While members of the public are not permitted to attend closed session, prior to convening in closed session, the City Council will accept public comments on items appearing on the closed session agenda.
11.1 The City Council will meet in closed session under the authority of California Government Code Section 54957(b)(1) to consider the following: Public Employee Performance Evaluation – City Manager.
11.2 The City Council will meet in closed session under the authority of California Government Code Section 54957.6 to conference with its labor negotiator.
City designated representative: Alisha Patterson, City Attorney Unrepresented employee: City Manager
XII. CLOSED SESSION REPORT
XIII. ADJOURNMENT
Next Regular Meeting: Wednesday, June 17, 2026 at 2 p.m.
Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, CA 92637
4.1 ASIAN AMERICAN AND PACIFIC ISLANDER
HERITAGE MONTH
– MAY 2026
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WHEREAS, Asian Americans and Pacific Islanders have played a critical role in the social, economic, and political development of the United States; and WHEREAS, Asian Americans and Pacific Islanders are one of the fastest growing ethnic populations in the state of California; and
WHEREAS, Cantonese, Chinese, Indian, Iranian, Japanese, Korean, Taiwanese, and other Asian Americans and Pacific Islanders represent more than 20 percent of the population of Laguna Woods; and
WHEREAS, Asian American and Pacific Islander clubs and communities throughout Laguna Woods actively promote cultural heritage and understanding; and WHEREAS, Asian Americans and Pacific Islanders have a proud legacy of service and dedication to our community, state, and country.
NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim May 2026 as “Asian American and Pacific Islander Heritage Month” in the City of Laguna Woods and encourages reflection on the accomplishments that Asian Americans and Pacific Islanders have made throughout history.
Dated this 20th day of May 2026
Proclamation
________________________________
Annie McCary
Mayor
________________________________
Attest: Yolie Trippy
City Clerk
City of Laguna Woods
Asian American and Pacific
Islander Heritage Month
May 2026
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4.2 OLDER ADULTS MONTH
– MAY 2026
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WHEREAS, Laguna Woods is a unique community with an average age of 75; and WHEREAS, throughout their lives, the residents of Laguna Woods have made countless contributions and sacrifices to ensure a better life for future generations; and WHEREAS, the City of Laguna Woods recognizes that older adults are trailblazers — advocating for themselves, their peers, and their communities — and paving the way for future generations; and
WHEREAS, the City of Laguna Woods is committed to raising awareness about issues facing older adults and helping older adults to thrive in communities of their choice for as long as possible; and
WHEREAS, our community can provide opportunities to enrich the lives of individuals of all ages by promoting and engaging in activity, wellness, and social involvement; emphasizing home- and community-based services that support independent living; and, ensuring that others can benefit from the contributions and experience of older adults.
NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim May 2026 as “Older Americans Month” in the City of Laguna Woods and encourages the recognition of older adults and the people who serve them as being powerful and vital to the fabric of our country.
Dated this 20th day of May 2026
Proclamation
________________________________
Annie McCary
Mayor
________________________________
Attest: Yolie Trippy
City Clerk
City of Laguna Woods
Older Americans Month
May 2026
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4.3 DROWNING PREVENTION AWARENESS
PERIOD
– MAY-AUGUST 2026
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WHEREAS, in the United States, unintentional drowning has seen a concerning rise, with over 4,500 deaths each year from 2020 to 2022, marking an increase of 500 annual fatalities compared to 2019; and WHEREAS, drowning is a leading cause of injury-related deaths among children under five in California, with approximately 60 children in this age group losing their lives to drowning each year; and WHEREAS, for every child who dies from drowning, another seven receive emergency care for nonfatal submersion injuries, which can result in long-term disabilities; and WHEREAS, drowning can occur silently and swiftly, often in as little as 20 to 60 seconds; and WHEREAS, drowning can occur in as little as two inches of water, including inflatable and built-in swimming pools, spas, bath tubs, buckets, the ocean, lakes, and anywhere else there is water; and WHEREAS, the themes of the Orange County Fire Authority’s 2025 water safety campaign are “Always Watch the Water” and “Never Swim Alone”; and
WHEREAS, the Orange County Fire Authority’s “ABCs of Water Safety” program is intended to increase public awareness regarding proper procedures to prevent the needless tragedy of drowning.
NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim May-August 2026 as “Drowning Awareness Prevention Period” in the City of Laguna Woods and encourages all residents, businesses, and homeowners associations to become partners in preparedness by increasing their knowledge of proper safety measures in drowning prevention.
Dated this 20th day of May 2026
Proclamation
________________________________
Annie McCary
Mayor
________________________________
Attest: Yolie Trippy
City Clerk
City of Laguna Woods
Drowning Prevention
Awareness Period
May-August 2026
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4.4 PRESENTATION
– FOUNDATION OF LAGUNA WOODS
VILLAGE
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ITEM 4.4
(Originally appeared in the Laguna Woods Globe on April 23, 2026) ITEM 4.4
4.5 PRIDE MONTH
– JUNE 2026
(AGENDIZED ONE MONTH EARLIER THAN
REGULARLY SCHEDULED BY ADMINISTRATIVE
POLICY 1.1 BY COUNCILMEMBER CONNERS)
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WHEREAS, Laguna Woods draws strength and vitality from the diversity of those who live, work, visit, and otherwise contribute to our community; and WHEREAS, diversity, reason, and respect are hallmarks of a civilized society and vital to maintaining the extraordinary character of our community; and WHEREAS, there are residents, members of the business community, and others who are a part of the lesbian, gay, bisexual, and transgender community; and WHEREAS, Pride Month is an opportunity to reflect on the ways that we all come together with a commitment to mutual respect and consideration; and WHEREAS, the City of Laguna Woods opposes discrimination in all its forms and supports the fair and equitable treatment of all people.
NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim June 2026 as “Pride Month” in the City of Laguna Woods and encourages individuals to support understanding, to fight prejudice and discrimination in their own lives, and to treat others with dignity and respect.
Dated this 20th day of May 2026
Proclamation
________________________________
Annie McCary
Mayor
________________________________
Attest: Yolie Trippy
City Clerk
City of Laguna Woods
Pride Month
June 2026
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6.1 CITY TREASURER’S REPORT
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Notes: The City of Laguna Woods uses a modified accrual basis of accounting, which generally means that revenues are recognized when a transaction occurs, and expenditures are recognized when obligations are created. As such, this monthly financial snapshot reflects only revenue known and expenditures paid for the month referenced as of the date prepared. In some cases, financial statements from financial dealers, depositories, and institutions may not have been received as of the date prepared and, therefore, some revenue and expenditures may not be reflected. Certificates of deposit may also have accrued interest that is not reflected because it is not yet vested. For more information on the specific information included in this monthly financial snapshot, please refer to the full City Treasurer’s Report.
Financial Assets IN THE BANK as of April 30, 2026
BY INVESTMENT TYPE
Cash and
Cash Equivalents
$
1,011,527
7.17% of portfolio
Pooled Money
Investment Accounts
$
6,995,766
49.62% of portfolio
This includes investments in a state
government investment pool and in the
California Asset Management Program pool.
Investments -
Earning
$
6,091,456
43.21% of portfolio
This includes certificates of deposit.
BY FUND
General Fund (Operating) $
6,809,272
General Fund (Reserves) $
4,651,600
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 $
2,637,877
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 April 30, 2026
C I T Y O F L A G U N A W O O D S
City Treasurer’s Report
Monthly Financial Snapshot
April 2026
(prepared 5/14/26)
California Employers’
Pension Prefunding Trust Fund
(CEPPT)
$603,043
• New Contributions $
0 • Gain/(Loss) from
Month Prior
$
28,866
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. $
167,174
$
0 $
6,636
Total (All Funds) $
14,098,749 Total (All Funds) $
14,098,749
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6.2 QUARTERLY FINANCIAL REPORT
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Amended
Budget
YTD Actual @
03/31/26
Actual %
of Budget
Variance
Explanation
Revenues:
Property Tax 3,705,800 $ 1,939,952 $ 52% Note 1
Property Transfer Tax 130,000 76,251 59% Note 2
Sales Tax 1,239,000 772,938 62% Note 3
Cannabis Business Tax 1,200,000 1,172,242 98%
Franchise Fees 883,200 450,456 51% Note 4
Transient Occupancy Tax 597,900 359,976 60% Note 5
Development Processing Fees 887,000 667,127 75%
Interest 395,000 284,193 72%
Miscellaneous 265,300 134,046 51% Note 6
Total Revenues 9,303,200 5,857,181 63%
Expenditures:
City Council 22,167 16,549 75%
General Government 1,591,864 858,099 54%
Administrative Services 593,935 396,569 67%
Engineering & Infrastructure Services 470,600 235,446 50% Planning & Environmental Services 2,263,799 1,401,601 62% Public Safety Services 3,907,119 2,667,709 68%
Information Technology & Cyber Security 42,869 3,002 7% Total Expenditures 8,892,353 5,578,975 63%
Transfers from Other Funds 153,767 153,767 100%
Transfers to Other Funds 2,605,359 2,605,359 100%
Net Change in Fund Balance (2,040,745) (2,173,386)
Beginning Fund Balance 11,070,164 11,070,164
Ending Fund Balance $ 9,029,419 $ 8,896,778
Fund Balance Detail: June 30, 2025 June 30, 2026
Nonspendable - Prepaid Items $ 31,869 $ -
Restricted
Employee Benefits 298,114 298,114
SMIP 5% 2,942 2,942
SB1473 10% 1,921 1,921
SB1473 10% 24 24
Committed
Waste Diversion 63,083 63,083
Assigned
Paid Leave Contingency 147,189 147,189 No change during quarter Self Insurance Contingency 50,000 500,000 Note 14
General Fund Contingency 3,556,511 4,004,411 Equals 50% of budgeted revenues (Three contingency accounts combined)
Unassigned 6,918,511 3,879,094
Total 11,070,164 $ 8,896,778 $
City of Laguna Woods
Fiscal Year 2025-26 Third Quarter Financial Report
Quarter Ended March 31, 2026
As required by Administrative Policy 2.9, "the Administrative Services Director/City Treasurer shall prepare and submit a quarterly budget report to the City Council within 60 days of the end of each quarter. The report shall include actual year-to-date revenue projections or anticipated expenditures by fund; information regarding any change in revenue projections or anticipated expenditures that is likely to impact the ability to carry out budgeted activities; and, notification of all expenditures made from the Paid Leave Contingency Fund and Self-Insurance Contingency Fund during the subject quarter." General Fund
(75% of Year Elapsed - Unaudited Amounts)
5/14/2026 Page 1
City of Laguna Woods
Fiscal Year 2025-26 Third Quarter Financial Report
Quarter Ended March 31, 2026
(75% of Year Elapsed - Unaudited Amounts)
Amended
Budget
YTD Actual @
03/31/26
Actual %
of Budget
Variance
Explanation
Fuel Tax
Revenues $ 529,000 $ 341,450 65% Note 7
Expenditures 404,557 263,418 65%
Net Change 124,443 78,032
Beginning Fund Balance 572,737 572,737
Ending Fund Balance $ 697,180 $ 650,769
Road Maintenance & Rehabilitation Program
Revenues $ 510,600 $ 294,559 58% Note 7
Expenditures 530,817 394,064 74%
Net Change (20,217) (99,505)
Beginning Fund Balance 1,398,055 1,398,055
Ending Fund Balance $ 1,377,838 $ 1,298,550
Measure M2 (OC Go)
Revenues $ 332,600 $ 226,237 68% Note 8
Expenditures 267,780 176,949 66%
Net Change 64,820 49,288
Beginning Fund Balance 296,758 296,758
Ending Fund Balance $ 361,578 $ 346,046
Service Authority for Abandoned Vehicles (SAAV)
Revenues $ 1,000 $ 395 40%
Expenditures - - -
Net Change 1,000 395
Beginning Fund Balance 42,209 42,209
Ending Fund Balance $ 43,209 $ 42,604
Supplemental Law Enforcement Services Act (SLESA)
Revenues $ 200,400 $ 201,747 101%
Expenditures 231,600 173,700 75%
Net Change (31,200) 28,047
Beginning Fund Balance 56,672 56,672
Ending Fund Balance $ 25,472 $ 84,719
Mobile Source Reduction
Revenues $ 28,000 $ 19,665 70%
Expenditures 10,000 810 8%
Net Change 18,000 18,855
Beginning Fund Balance 138,757 138,757
Ending Fund Balance $ 156,757 $ 157,612
Other Funds
5/14/2026 Page 2
City of Laguna Woods
Fiscal Year 2025-26 Third Quarter Financial Report
Quarter Ended March 31, 2026
(75% of Year Elapsed - Unaudited Amounts)
Amended
Budget
YTD Actual @
03/31/26
Actual %
of Budget
Variance
Explanation
PEG/Cable Television
Revenues $ 16,400 $ 2,374 14% Note 9
Expenditures 15,000 - 0%
Net Change 1,400 2,374
Beginning Fund Balance 86,417 86,417
Ending Fund Balance $ 87,817 $ 88,791
Senior Mobility
Revenues $ 424,900 $ 71,702 17% Note 8, 10
Expenditures 652,598 334,327 51%
Transfer In from General Fund 406,052 406,052 100%
Net Change 178,354 143,427
Beginning Fund Balance 24,021 24,021
Ending Fund Balance $ 202,375 $ 167,448
Community Development Block Grant (CDBG)
Revenues $ 500,000 $ - 0% Note 11
Expenditures 500,000 292,466 58%
Net Change - (292,466)
Beginning Fund Balance - -
Ending Fund Balance $ - $ (292,466)
Federal Grants Programs Fund
Revenues $ 277,000 $ 233,233 84% Note 12
Expenditures 233,233 233,233 100% Note 12
Net Change 43,767 -
Beginning Fund Balance - -
Ending Fund Balance $ 43,767 $ -
State of California Grants
Revenues $ 388,000 $ 200,427 52% Note 13
Expenditures 274,924 51,798 19%
Net Change 113,076 148,629
Beginning Fund Balance (200,374) (200,374)
Ending Fund Balance $ (87,298) $ (51,745)
Miscellaneous Special Revenue Fund
Revenues $ 400 $ 76 19%
Expenditures - - -
Net Change 400 76
Beginning Fund Balance 362 362
Ending Fund Balance $ 762 $ 438
5/14/2026 Page 3
City of Laguna Woods
Fiscal Year 2025-26 Third Quarter Financial Report
Quarter Ended March 31, 2026
(75% of Year Elapsed - Unaudited Amounts)
Amended
Budget
YTD Actual @
03/31/26
Actual %
of Budget
Variance
Explanation
Capital Projects
Revenues $ 85,000 $ 28,783 34%
Expenditures 2,886,407 645,694 22%
Transfer In from General Fund 2,199,307 2,199,307 100%
Transfer Out to General Fund 153,767 153,767 100%
Net Change (755,867) 1,428,629
Beginning Fund Balance 1,224,372 1,224,372
Ending Fund Balance $ 468,505 $ 2,653,001
Capital Projects Expenditure Detail:
City Centre Park Enhancement Project 66,936 $ 54,754 $ 82% Circulation Improvement Project 25,838 15,828 61%
CIP - Woods End Wilderness Trail Drainage and
Improvement Project 365,280 240,167 66%
Transit Shelter & Street Furniture Project 75,000 6,000 8% CIP - Paseo De Valencia-Moulton Parkway Confluence
Bypass Corridor Project 109,946 1,893 2%
Pavement Management Plan Project FY 25-26 93,700 59,814 64% Public Works Warehouse Project 50,000 - 0%
City Hall Refurb Safety: Ph 4 445,360 207,536 47%
City Hall Refurb Safety: Ph 5 1,604,347 42,293 3%
City Hall Complex Parking Lot Improvement Project 50,000 17,409 35% $ 645,694 2,886,407 $ 22%
Notes:
1. Includes only the first of two substantial property tax payments; second was received in May
2. 3.
4. 5.
6. Includes only the first of two waste and recycling services reimbursements from CR&R; second was received in April
7. 8.
9. 10.
11. 12.
13. Reimbursable grant; revenues are received after expenditures are incurred and submitted for reimbursement
14. Reimbursable grant; revenues are received after expenditures are incurred and submitted for reimbursement; received 48% of the budgeted amount in April
Pending reimbursement from the OCTA EMSD Grant; revenues are received after expenditures are incurred and submitted for reimbursement
ARPA funds were fully spent and recognized as revenue
Includes July through February revenue; March revenue was received in April Reserve amount was increased with City Council approval on August 20, 2025 (Resolution No. 25-25) Represents July through February revenue; March revenue was received in April Represents July through February Measure M2 revenue and earned interest income; March and April Measure M2 revenue will be received in May
Represents two quarters of PEG fees and earned interest income; third quarter PEG fees from Golden Rain Foundation were received in April
Represents July through January revenue; February revenue was received in April Represents two full quarters and one partial quarter of revenue due to franchise fee payment timing Includes July through February revenue; March revenue was received in April 5/14/2026 Page 4
6.3 OPERATING BUDGET EXCELLENCE AWARD
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City of Laguna Woods (949) 639-0500 [email protected]
CITY OF LAGUNA WOODS
PRESS RELEASE
City of Laguna Woods Receives Operating Budget Excellence Award
FOR IMMEDIATE RELEASE
May 1, 2026
LAGUNA WOODS, CA – The City of Laguna Woods is pleased to announce that it has received the California Society of Municipal Finance Officers’ “Operating Budget Excellence Award” for its Fiscal Years 2025-27 Operating Budget.
The operating budget is where the City of Laguna Woods budgets property tax, sales tax, cannabis business tax, Measure M2 proceeds, and other funds that support day-to-day operations, including the Orange County Sheriff’s Department’s law enforcement services, building safety services, public road and park maintenance services, and the free notary and document shredding services available to residents at Laguna Woods City Hall.
The California Society of Municipal Finance Officers is a statewide organization that serves local government finance professionals. The Operating Budget Excellence Award is earned by cities and other jurisdictions that meet certain “best practices” for robust, wellstructured, and transparent operating budgets. Two levels of awards are bestowed with the Operating Budget Excellence Award being the highest of the levels. “The City of Laguna Woods is proud to have a balanced operating budget, free of debt service obligations,” said Christopher Macon, Laguna Woods City Manager. “Best practices from the California Society of Municipal Finance Officers are among the tools we use to ensure our financial decision-making is responsible, prudent, and accessible to taxpayers.” The City of Laguna Woods has received the Operating Budget Excellence Award for every fiscal year beginning with Fiscal Year 2015-16.
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7.0 CONSENT CALENDAR SUMMARY
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ITEM 7.0
CC 05-20-2026 Item 7.0 – Page 1 of 7
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Macon, City Manager
FOR: May 20, 2026 City Council Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the May 20, 2026 Consent Calendar by single motion and City Council action.
Background
All items appearing on the Consent Calendar are considered by the City Manager to be 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 any item appearing on the Consent Calendar at the time the item is considered, regardless of whether or not the item has been removed from the Consent Calendar.
Items that are removed from the Consent Calendar will be considered after the items remaining on the Consent Calendar.
Summary
The May 20, 2026 Consent Calendar contains the following items:
7.1 City Council Minutes
Approval of the City Council meeting minutes for the regular meeting on April 15, 2026.
ITEM 7.0
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7.2 Payment Register
Approval of the payment register dated May 20, 2026 in the amount of $1,187,815.40. A list of payments is included in the agenda packet; detailed information about individual payments is available at or from City Hall.
7.3 Animal Control and Shelter Services
Approval of an agreement with the City of Laguna Beach for animal control and services and authorization for the Mayor to execute the agreement, subject to approval as to form by the City Attorney. The City has contracted with the City of Laguna Beach for animal control and shelter services since October 2000. The proposed agreement includes a comparable level of service to the current fiscal year, at an annual cost of $129,060 (a $4,668, or approximately
3.75%, increase from the current fiscal year’s cost of $124,392). The proposed agreement includes new language (including indemnification obligations) that would allow the City of Laguna Beach to provide periodic training and education services to Village Management Services staff related to animal control and coyote hazing (e.g., training security staff to use compressed-air devices that deploy high-velocity water pellets). The term of the proposed agreement is for one year through June 30, 2027.
7.4 As Needed Financial Consulting Services
[1] As permitted by Laguna Woods Municipal Code Section 3.06.100(b), waiver of the competitive bidding requirements set forth in Laguna Woods Municipal Code Section
3.06.080(c) for an extension and amendment of the agreement with Irwin B. Bornstein. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. Mr. Bornstein is a highly qualified finance professional and Certified Public Accountant. He earned a Master of Business Administration degree from Stanford University and has worked in management roles for the cities of Anaheim, Whittier, and Mission Viejo, where he retired in 2011 as Assistant City Manager/Administrative Services Director. Mr. Bornstein has provided as needed financial consulting services to the City for several years, and also provides or has provided similar services to the cities of Laguna Hills, Laguna Niguel, Placentia, San Marino, Stanton, Westminster, and others. Due to the continuing need for the services provided by Mr.
Bornstein and Mr. Bornstein’s qualifications and past performance, staff recommends waiving competitive bidding requirements for the proposed extension and amendment.
AND
[2] Approval of an extension and amendment of the agreement with Irwin B. Bornstein for as needed financial consulting services and authorization for the City Manager to execute the extension and amendment, subject to approval as to form by the City Attorney. The proposed extension is for one year through June 30, 2027, with a $10 per hour rate increase.
ITEM 7.0
CC 05-20-2026 Item 7.0 – Page 3 of 7
Mr. Bornstein’s hourly rate has not increased since July 1, 2025.
7.5 Law Enforcement Services
Approval of an agreement with the County of Orange for law enforcement services and authorization for the Mayor to execute the agreement, subject to approval as to form by the City Attorney. The proposed agreement includes a comparable level of service to the current fiscal year, at an annual cost of $3,634,846 (a $45,851, or approximately 1.28%, increase from the current fiscal year’s cost of $3,588,995). The cost will increase during the upcoming fiscal year, after the County of Orange reaches new labor agreements with its public safety bargaining units. The proposed agreement increases the overtime budget by 128 hours to accommodate standby services for more frequently occurring protests and assemblies. The term of the proposed agreement is for one year through June 30, 2027.
7.6 Street Sweeping Services
Approval of an agreement with SCA of CA, LLC for street sweeping services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. A Request for Proposals for street sweeping services was released on March 26, 2026 with proposals due by April 17, 2026. Two proposals were received (CMAX Commercial Maintenance, Inc. and SCA of CA, LLC). After reviewing both proposals, staff recommends that the City Council award the proposed agreement to SCA of CA, LLC due to factors including, but not limited to, cost and past performance. SCA of CA, LLC has provided street sweeping services to the City since assuming the former agreement with Jonset Corporation d/b/a Sunset Property Services on April 22, 2022 (the existing agreement will end on June 30, 2026). SCA of CA, LLC provides or has provided similar services for the County of Orange and the cities of Aliso Viejo, Laguna Hills, Mission Viejo, and Newport Beach. The term of the proposed agreement is for a four-year period through June 30, 2030, with the potential for additional extensions through June 30, 2032.
Table 1: Cost Proposals Received – Street Sweeping Services* Proposer Routine Services As Needed Services
CMAX Commercial Maintenance, Inc. $1,200 per week $350 per hour SCA of CA, LLC $896.10 per week $195 per hour
* The costs in Table 1 would increase as set forth in Exhibit B of the proposed agreement.
7.7 Traffic Engineering Services
Approval of an agreement with Iteris, Inc. for traffic engineering services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. A Request for Proposals for traffic engineering services was released on March 26, 2026 with proposals due by April 17, 2026. Despite directly distributing the Request for Proposals to 14 firms and publishing a public notice in the Laguna Woods Globe, no ITEM 7.0
Item 7.0 – Page 4 of 7 CC 05-20-2026
proposals were received prior to the deadline. The City subsequently contacted Iteris and negotiated the proposed agreement. Iteris has provided traffic engineering services to the City since 2012, first as a subcontractor to CivilSource (through August 18, 2020) and subsequently as a direct contractor (the existing agreement will end on June 30, 2026). Iteris provides or has provided similar services for the cities of Anaheim, Irvine, Laguna Niguel, Lake Forest, and Seal Beach, as well as the Orange County Transportation Authority. The term of the proposed agreement is for a three-year period through June 30, 2029, with the potential for additional extensions through June 30, 2031.
7.8 Traffic Signal, Street Light, and City Hall Lighting Maintenance Services Approval of an extension of the agreement with Bear Electrical Solutions, Inc. for traffic signal, street light, and City Hall lighting maintenance services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The City Council approved the existing agreement with Bear Electrical Solutions on June 28, 2023. The term of the proposed extension is for a two-year period through June 30, 2028, as allowed by the existing agreement, with no other changes to terms and conditions.
7.9 Software Licensing and Implementation Services
Approval of an amendment to the existing agreement with Tyler Technologies, Inc. for software licensing and implementation services to add Software as a Service (SaaS) for human resources management and authorization for the City Manager to execute the amendment, subject to approval as to form by the City Attorney. The proposed amendment would provide the City with new human resources management software integrated with the existing ERP Pro 10 software. The City currently uses ERP Pro 10 for finance and accounting purposes. The addition of human resources management software is intended to centralize and modernize personnel management and recordkeeping activities that staff currently handle using paper files, spreadsheets, and unintegrated, web-based training software.
7.10 Waste Management Consulting Services
[1] As permitted by Laguna Woods Municipal Code Section 3.06.100(b), waiver of the competitive bidding requirements set forth in Laguna Woods Municipal Code Section
3.06.080(c) for an extension of the agreement with CityGreen Consulting, LLC. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. CityGreen Consulting has provided as needed waste management services to the City since July 1, 2024. For many years prior to that date, the City contracted directly with CityGreen Consulting’s President, Michael Balliet, for similar services. CityGreen Consulting (and/or Mr. Balliet) provides or has provided similar services to the cities of Costa Mesa, Fountain Valley, Irvine, Los Alamitos, Newport Beach, and Villa Park. Due to the continuing need for the services provided by CityGreen Consulting and CityGreen Consulting’s qualifications and past performance, as ITEM 7.0
CC 05-20-2026 Item 7.0 – Page 5 of 7
well as CityGreen Consulting’s willingness to maintain existing rates for an additional year, staff recommends waiving competitive bidding requirements for the proposed extension.
AND
[2] Approval of an extension of the agreement with CityGreen Consulting, LLC for waste management consulting services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for one year through June 30, 2026, with no increase in rates.
7.11 Woods End Wilderness Preserve Trail Drainage and Improvement Project [1] Approval of the final record plans and specifications reflecting completion of the “Woods End Wilderness Preserve Trail Drainage and Improvement Project” as prepared by the project architect and their licensed professionals.
AND
[2] Acceptance of project completion of the contract agreement with Millsten Enterprises, Inc. for the construction of the “Woods End Wilderness Preserve Trail Drainage and Improvement Project” and authorization for the City Manager to execute and record, or cause to be executed and recorded, a notice of completion with the County of Orange.
AND
[3] Authorization for the City Manager to release the contract retention payment withheld per state law, and exonerate project posted bonds, for the “Woods End Wilderness Preserve Trail Drainage and Improvement Project,” 35 days following recordation of the notice of completion with the County of Orange, to the extent allowed by state law.
An agenda report is included with additional information.
7.12 Surveillance Cameras at the El Toro Water District’s Oso Lift Station Approval of a memorandum of understanding with the El Toro Water District to allow the City to install, operate, and maintain surveillance cameras at the El Toro Water District’s Oso Lift Station and authorization for the Mayor to execute the memorandum of understanding, subject to approval as to form by the City Attorney. The proposed memorandum of understanding would allow surveillance cameras to be installed, operated, and maintained at the El Toro Water District’s Oso Lift Station for the purpose of surveilling Woods End Wilderness Preserve, public right-of-way, and the Oso Lift Station. The installation of surveillance cameras at the proposed location has been contemplated since the initiation of the Woods End Wilderness Preserve Trail Drainage and Improvement Project, in part, due to human activity being a leading cause of wildfires. Locating surveillance cameras on an ITEM 7.0
Item 7.0 – Page 6 of 7 CC 05-20-2026
existing pole on the El Toro Water District’s property would serve public safety purposes for both agencies and avoid placing a new pole. The proposed memorandum of understanding would not allow the installation of automated license plate recognition systems.
7.13 General Municipal Election
[1] Adoption of a resolution calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 3, 2026 for the election of certain officers as required by the provisions of the laws of the State of California related to general law cities.
AND
[2] Adoption of a resolution requesting the Board of Supervisors of the County of Orange to consolidate a general municipal election to be held on Tuesday, November 3, 2026 with the general election to be held on the same date, pursuant to California Elections Code Section 10403.
AND
[3] Adoption of a resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the general municipal election to be held on Tuesday, November 3, 2026, including, but not limited to, the amount of the charge that would be levied against candidates for a candidate statement to be included in voter information guides.
AND
[4] Adoption of a resolution providing for tie votes at the general municipal election to be held on Tuesday, November 3, 2026 to be resolved by lot, in accordance with California Elections Code Section 15651.
The proposed resolutions pertain to the General Municipal Election that will be held on November 3, 2026, for the regularly scheduled election of two members of the City Council for the full term of four years (the offices currently held by Mayor McCary and Councilmember Moore).
The candidate filing period will be July 13 through August 7, 2026. If one or more incumbents does not file by August 7, 2026, the filing deadline will be extended through August 12, 2026 for non-incumbents only.
Recommendation #3 (Attachment C) includes adoption of the amount of the charge that would be levied against candidates for a candidate statement to be included in voter information guides. Including a candidate statement in voter information guides is optional and at the discretion of each candidate. While state law allows the City to charge candidates ITEM 7.0
CC 05-20-2026 Item 7.0 – Page 7 of 7
for the actual cost of candidate statements (and many cities do so), the City’s longstanding practice has been to charge candidates a flat amount less than the actual cost. For the past six elections (2012-2024), the flat amount has been $300. For the last three elections (2000, 2022, and 2024), the City’s actual costs per candidate statement were $500.28, $502.16, and $616.35, respectively, meaning that the City subsidized candidate statements by approximately 40% in 2020 and 2022 and approximately 51% in 2024. In anticipation of actual costs continuing to increase, staff recommends setting the flat amount at $370 for the 2026 election, which would be 60% of the actual cost per 2024 candidate statement, rounded to the nearest whole dollar. The proposed resolution includes the $370 flat amount.
7.14 City Manager Professional Development Expenditures Authorization of expenditures from the existing General Fund budget for the City Manager’s membership in the International City/County Management Association (ICMA) and registration to participate in ICMA’s Annual Conference, October 17-21, 2026, in Long Beach, California, in an amount not to exceed $2,115. ICMA is an association of professional city and county managers and other employees who serve local governments. More information on ICMA is available at www.icma.org. ICMA’s Annual Conference is not typically held in California, which has limited the City Manager’s ability to participate in prior years (e.g., in 2025 it was held in Florida, and in 2027 it will be held in Canada).
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7.1 CITY COUNCIL MINUTES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.1
April 15, 2026 1 City Council Regular Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
April 15, 2026
2:00 P.M.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
I. CALL TO ORDER
Mayor McCary called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:01 p.m.
II. ROLL CALL
COUNCILMEMBER: PRESENT: Conners, Horne, Moore, Lee, McCary 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
Councilmember Moore led the pledge of allegiance.
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 Community College Awareness Month – April 2026
City Clerk Trippy read the proclamation.
Carolyn Inmon, President of the Board of Trustees, South Orange County Community College District (“SOCCCD”), made comments.
Councilmembers made comments.
Moved by Councilmember Moore, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to approve and present the proclamation.
Julianna Barnes, Chancellor, SOCCCD, made comments.
ITEM 7.1
April 15, 2026 2 City Council Regular Meeting Minutes
4.2 Donate Life Month – April 2026
City Clerk Trippy read the proclamation.
Councilmembers made comments.
Moved by Councilmember Horne, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to approve and present the proclamation.
Mayor McCary called for a brief recess.
The meeting was called back to order at 2:21 p.m.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
City Clerk Trippy read aloud written public comments submitted by Jay Laessi, resident, regarding coyotes and citrus fruit.
Nancy Allen, Donna Karbach, and Renee Jeske, Laguna Woods Crazy Quilters Club, presented a quilt to Mayor McCary.
Councilmembers briefly commented on the quilt.
Mayor McCary called for a brief recess.
The meeting was called back to order at 2:35 p.m.
Kathryn Freshley, resident, spoke in support of the USA 250 Plaza Clock Project and fundraising.
Mayor McCary left the meeting at 2:41 p.m. Mayor Pro Tem Lee presided over the meeting in the Mayor’s absence.
VI. CITY TREASURER’S REPORT
6.1 City Treasurer Report
Administrative Services Director/City Treasurer Torres made a presentation.
Mayor McCary returned to the meeting at 2:44 p.m.
Moved by Councilmember Conners, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to receive and file the City Treasurer’s Report for the month of March 2026.
VII. CONSENT CALENDAR
ITEM 7.1
April 15, 2026 3 City Council Regular Meeting Minutes
Moved by Councilmember Moore, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 7.1-7.9.
7.1 City Council Minutes
Approved the City Council meeting minutes for the regular meeting on March 18, 2026.
7.2 Payment Register
Approved the payment register dated April 15, 2026, in the amount of $1,333,757.95.
7.3 Informational Signage on Laguna Woods Village Trash Enclosures
1. Approved an amendment of the memorandum of understanding with Third Laguna Hills Mutual to allow the City to install informational signage on trash enclosures on Third Laguna Hills Mutual property and authorized the Mayor to execute the memorandum of understanding, subject to approval as to form by the City Attorney.
AND
2. Approved an amendment of the memorandum of understanding with United Laguna Woods Mutual to allow the City to install informational signage on trash enclosures on United Laguna Woods Mutual property and authorized the Mayor to execute the memorandum of understanding, subject to approval as to form by the City Attorney.
7.4 City Hall Refurbishment and Safety Project: Phase 4
1. Approved the final record plans and specifications reflecting completion of the “City Hall Refurbishment and Safety Project: Phase 4” as prepared by the project architect and their licensed professionals.
AND
2. Accepted project completion of the contract agreement with Estate Design and Construction, Inc. for the construction of the “City Hall Refurbishment and Safety Project: Phase 4” and authorized the City Manager to execute and record, or cause to be executed and recorded, a notice of completion with the County of Orange.
AND
3. Approved an agreement and release of claims with Estate Design and Construction, Inc. to resolve matters pertaining to the “City Hall Refurbishment and Safety Project:
Phase 4” and authorized the City Manager to execute the agreement and release of claims, subject to approval as to form by the City Attorney.
7.5 Local Signal Synchronization Plan
ITEM 7.1
April 15, 2026 4 City Council Regular Meeting Minutes
Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, CONCERNING THE UPDATE OF THE
LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE
M (M2) PROGRAM, AND DETERMINING AND CERTIFYING THAT
THE RESOLUTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
7.6 Fiscal Years 2026-36 Pavement Management Plan
Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, CONCERNING THE STATUS AND UPDATE
OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE
M2 (M2) PROGRAM, REPEALING RESOLUTION NO. 26-05,
ADOPTING A PAVEMENT MANAGEMENT PLAN FOR FISCAL
YEARS 2026-27 THROUGH 2035-36, AND DETERMINING AND
CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
7.7 Employee Compensation and Benefits
Adopted a resolution changing the name of one City-observed holiday for consistency with California Assembly Bill 2156 (Rivas/Limón, Chapter, Statues of 2026) titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, REPEALING RESOLUTION NO. 26-04, AND
ESTABLISHING AND MODIFYING A COMPENSATION SCHEDULE
AND BENEFITS FOR CITY EMPLOYEES, INCLUDING THE CITY
MANAGER AND OTHER LOCAL AGENCY EXECUTIVES AS
DEFINED IN CALIFORNIA GOVERNMENT CODE SECTION 3511.1
7.8 Fiscal Years 2025-27 Budget Adjustments
Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2025-27 BUDGET AND WORK PLAN FOR FISCAL YEAR
2025-26 COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026, AND FISCAL YEAR 2026-27 COMMENCING JULY 1, 2026 AND
ENDING JUNE 30, 2027, INCREASING LAGUNA WOODS CIVIC
SUPPORT FUND FUND APPROPRIATIONS FOR A FUNDRAISING
PROGRAM TO SUPPORT THE CITY’S INSTALLATION OF A
ITEM 7.1
April 15, 2026 5 City Council Regular Meeting Minutes
CLOCK ON THE PLAZA ADJOINING CITY HALL AND THE PUBLIC
LIBRARY TO COMMEMORATE THE 250TH ANNIVERSARY OF
THE SIGNING OF THE DECLARATION OF INDEPENDENCE
7.9 Liaisons to Laguna Woods Community Bridge Builders
(agendized by Mayor McCary and Councilmember Horne)
With Laguna Woods Community Bridge Builders now successfully established, and noting continued appreciation for their work, rescinded the appointments of Mayor McCary and Councilmember Horne as liaisons to Laguna Woods Community Bridge Builders.
VIII. PUBLIC HEARINGS – None
IX. CITY COUNCIL BUSINESS
9.1 Emergency Management Ordinance
City Manager Macon made a presentation.
Moved by Councilmember Moore, seconded by Councilmember Horne, and carried unanimously on a 5-0 vote, to approve the 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 7.04 OF
THE LAGUNA WOODS MUNICIPAL CODE PERTAINING TO
EMERGENCY MANAGEMENT INCLUDING, BUT NOT LIMITED
TO, ORGANIZATION, FUNCTION, POWERS, AND DUTIES; AND
DETERMINING AND CERTIFYING THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
9.2 Fiscal Years 2025-27 Budget and Work Plan & Fiscal Years 2025-36 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:
1. Adopt an updated Chapter 8.0 (City Capital Projects) of the Fiscal Years 2025-27 Budget & Work Plan reflecting changes in the scope, timing, cost, and funding of projects, and other amendments.
ITEM 7.1
April 15, 2026 6 City Council Regular Meeting Minutes
AND
2. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING AND ADOPTING THE FISCAL
YEARS 2025-27 BUDGET AND WORK PLAN FOR FISCAL YEAR
2025-26 COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026, AND FISCAL YEAR 2026-27 COMMENCING JULY 1, 2026 AND
ENDING JUNE 30, 2027, INCREASING GENERAL FUND AND
CAPITAL PROJECTS FUND APPROPRIATIONS FOR THE “CITY
HALL COMPLEX EMERGENCY BACKUP GENERATOR PROJECT,”
INCREASING GENERAL FUND AND CAPITAL PROJECTS FUND
APPROPRIATIONS FOR THE “CITY HALL REFURBISHMENT AND
SAFETY PROJECT: PHASE 5,” INCREASING GENERAL FUND AND
CAPITAL PROJECTS FUND APPROPRIATIONS FOR THE “CITY
HALL REFURBISHMENT AND SAFETY PROJECT: PHASE 6,”
REALLOCATING EXISTING ROAD MAINTENANCE AND
REHABILITATION PROGRAM FUND APPROPRIATIONS TO THE
“PAVEMENT MANAGEMENT PLAN PROJECT (WESTBOUND EL
TORO ROAD BETWEEN MOULTON PARKWAY AND HOME
DEPOT/TOWN CENTRE, NORTHBOUND AND SOUTHBOUND
MOULTON PARKWAY BETWEEN EL TORO ROAD AND VIA
CAMPO VERDE),” INCREASING ROAD MAINTENANCE AND
REHABILITATION PROGRAM FUND APPROPRIATIONS TO THE
“PAVEMENT MANAGEMENT PLAN PROJECT (WESTBOUND EL
TORO ROAD BETWEEN MOULTON PARKWAY AND HOME
DEPOT/TOWN CENTRE, NORTHBOUND AND SOUTHBOUND
MOULTON PARKWAY BETWEEN EL TORO ROAD AND VIA
CAMPO VERDE),” AND INCREASING GENERAL FUND AND
CAPITAL PROJECTS FUND APPROPRIATIONS FOR THE “WOODS
END WILDERNESS PRESERVE TRAIL DRAINAGE AND
IMPROVEMENT PROJECT”
AND
3. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING A NEW 11-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025-26
THROUGH 2035-36, IN CONFORMANCE WITH APPLICABLE CITY
POLICIES AND DISCRETION
4. Adopt a resolution titled:
ITEM 7.1
April 15, 2026 7 City Council Regular Meeting Minutes
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING A STATEMENT OF THE
TRANSPORTATION-RELATED PROJECTS AND MEASURE M2 (OC
GO) BUDGETS INCLUDED IN THE CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2026-27 THROUGH 2032-33, IN
CONFORMANCE WITH MEASURE M2 (OC GO) REQUIREMENTS
9.3 State Legislative Proposals
City Manager Macon made a presentation.
Paige Aberson, Representative of Senator Catherine Blakespear, presented on California Senate Bill 1135 (Blakespear; California Wildlife Coexistence Act.).
Councilmembers discussed the item.
Mayor Pro Tem Lee left the meeting at 3:15 p.m.
Connor Medina, Regional Public Affairs Manager of the Orange County Division of the League of California Cities, presented on California Assembly Bill 2517 (Calderon; Fire hazards: fire hazard severity zones.).
Mayor Pro Tem Lee returned to the meeting at 3:19 p.m.
Councilmembers discussed the item.
Moved by Councilmember Conners, seconded by Councilmember Moore, and carried unanimously on a 5-0 vote, to adopt the following positions on legislative proposals currently being considered by the California State Legislature and authorize the City Manager to prepare, and the Mayor or City Manager to sign, related correspondence on behalf of the City Council, now and in connection with potential future amendments of the legislative proposals, provided such amendments are substantially consistent with the purpose and intent of the legislative proposals as presently drafted:
• Support for California Senate Bill 1135 (Blakespear; California Wildlife Coexistence Act.); and
• Support for California Assembly Bill 2517 (Calderon; Fire hazards: fire hazard severity zones.).
X. CITY COUNCIL REPORTS AND COMMENTS
10.1 Coastal Greenbelt Authority
Mayor McCary stated that there had been no meeting since the last meeting.
10.2 Orange County Fire Authority
ITEM 7.1
April 15, 2026 8 City Council Regular Meeting Minutes
Councilmember Horne provided a report.
10.4 Orange County Mosquito and Vector Control District Mayor Pro Tem Lee provided a report.
10.5 San Joaquin Hills Transportation Corridor Agency
Councilmember Conners provided a report.
10.3 Orange County Library Advisory Board
Councilmember Moore provided a report.
10.6 South Orange County Watershed Management Area
Councilmember Moore stated that there had been no meeting since the last meeting and commented on water issues.
10.7 Liaisons to Community Bridge Builders
Councilmember Horne made comments.
Councilmember Conners briefly responded to Councilmember Horne’s comments.
10.8 Other Comments and Reports
Mayor McCary reported on her participation in the League of California Cities (Cal Cities) Community Services Policy Committee meeting on March 26, 2026 and responded to a question from Councilmember Moore.
Councilmember Horne commented on the upcoming California Senior Legislature Senior Rally Day.
XII. CLOSED SESSION – None
XIII. CLOSED SESSION REPORT – None
XIV. ADJOURNMENT
The meeting was adjourned at 3:53 p.m. The next adjourned regular meeting will be at 2:00 p.m. on Wednesday, May 20, 2026, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
ITEM 7.1
April 15, 2026 9 City Council Regular Meeting Minutes
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: May 20, 2026
__________________________________
ANNIE MCCARY, Mayor
This page is intentionally blank.
7.2 PAYMENT REGISTER
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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7.3 ANIMAL CONTROL AND SHELTER SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.3
1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 2026, which date is enumerated for purposes of reference only, by and between the CITY OF LAGUNA BEACH, a municipal corporation, hereinafter referred to as “LAGUNA BEACH,” and the CITY OF LAGUNA WOODS, a municipal corporation, hereinafter referred to as “LAGUNA WOODS.”
WITNESSETH:
LAGUNA WOODS desires to contract with LAGUNA BEACH for the performance of the hereinafter-described animal control and animal shelter services.
LAGUNA BEACH is willing and able to render such services on the terms and conditions hereinafter set forth.
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A. This Agreement shall become effective on July 1, 2026 and continue in effect for a period of twelve months
ending on June 30, 2027 unless otherwise terminated as
described in paragraph 2.
2. TERMINATION
A. Either party may terminate this Agreement without cause by providing written notice of said termination to the other party. The written notice of termination must be given at least six (6) months in advance of the effective date of the termination.
3. SERVICES
A. LAGUNA BEACH agrees to provide animal control services within the corporate limits of LAGUNA WOODS. The level of animal control and shelter services to be provided under this Agreement are enumerated below. Services provided by
LAGUNA BEACH shall include the enforcement of State statutes and Municipal Code sections deemed applicable to LAGUNA WOODS by LAGUNA BEACH. LAGUNA BEACH will not be
obligated to enforce any ordinances adopted by LAGUNA
WOODS except those adopted in compliance with Paragraph 5 of this Agreement and ordinances pertaining to spay, neutering, and number of animals permitted. Services shall be provided in the following categories:
ITEM 7.3
2 1) FIELD SERVICES: LAGUNA BEACH shall be responsible for and provide all animal control field services in LAGUNA WOODS. Field services shall generally be provided seven days a week, 365 days a year, between the hours of 6:00 a.m. and 4:00 p.m. and as late as 6:00 p.m. when overlapping staff are available. Calls for service will be dispatched and handled based first on priority and then as they were received. Field service activities shall include, but are not, at the discretion of the LAGUNA BEACH Animal Services staff, limited to: impounding and/or capture of stray dogs; impounding of unattended dogs or cats due to death or illness of the owner where a family member or other person is not available; pick up or disposal of injured raccoons, opossums, deer, bobcats, coyotes, mountain lions; transportation of all injured impounded animals to appropriate medical treatment; conduct cruelty investigations; bite investigations; chronic barking dog complaints; manage and conduct quarantine activities; enforcement of state laws and local ordinances and issuance of citations; impounding of dead animals for disposal; and public information and education services regarding barking dogs, wildlife or other animal concerns.
While LAGUNA BEACH intends to maintain routine coverage of two animal services officers each day in LAGUNA BEACH, LAGUNA WOODS accepts and understands that the animal services officers are limited in number, and as employees, routinely take leave in the form of vacation, sick, holidays, “Family Leave” as set forth in the Family Leave Act, and all other local, state and federally protected leave. During such periods of leave, the ability of LAGUNA BEACH to respond to calls in a timely manner may be significantly impacted. LAGUNA WOODS also accepts and understands that an animal services officer’s position may become vacant, which will also affect the ability of LAGUNA BEACH to respond to calls in a timely manner. In either event, calls for service will be dispatched and handled based first on priority and then as they were received.
2) TELEPHONIC SERVICES: LAGUNA BEACH staff will be available to receive calls for service seven days a week, twenty-four hours a day, 365 days a year. LAGUNA BEACH Animal Services staff will take or return calls during the hours when field staff is available to provide advice and/or referrals to members of the community of LAGUNA WOODS for the proper handling and/or disposal of feral cats, rats, mice, rabbits, gophers, squirrels, insects, spiders or other “vector” species.
3) SPECIAL SERVICES: LAGUNA BEACH shall be responsible for and provide all pet licensing and license renewal, canvassing, and animal facility licensing and inspection in LAGUNA WOODS. New license applications shall be made available at Laguna Woods City Hall, the Laguna Beach Animal Shelter, and in the field through routine contact ITEM 7.3
3 with Animal Services Officers. Pet License renewals shall be processed and issued by mail through the existing renewal process, or in person at the Laguna Beach Animal Shelter. LAGUNA BEACH will process renewals and answer telephone and in-person questions regarding licensing requirements. LAGUNA BEACH shall periodically canvass LAGUNA WOODS residences, as appropriate, to locate and license unlicensed dogs.
Some animal-related businesses in LAGUNA WOODS will be inspected annually as required by law and in response to any complaints to assure that facilities meet required laws and standards. LAGUNA BEACH shall provide advance notification of such inspections to LAGUNA WOODS, and will advise LAGUNA WOODS of any violations and/or enforcement action taken.
A low-cost vaccination clinic will be coordinated and conducted once a year. The clinic will be located at the Laguna Beach Animal Shelter at 20612 Laguna Canyon Road, or at another appropriate location within the City of Laguna Woods
4) SHELTER SERVICES: LAGUNA BEACH shall be responsible for and provide animal shelter services to LAGUNA WOODS. Services shall be provided at the Laguna Beach Animal Shelter, 20612 Laguna Canyon Road, Laguna Beach. The shelter will be open to the public to locate lost pets or for pet adoption seven days per week, except holidays. Public hours may vary from day to day, but will generally be between 11 a.m. and 4 p.m.
A. LAGUNA BEACH agrees to maintain its animal shelter in a humane manner and keep said premises in a clean condition at all times in accordance with policies and the budget approved by LAGUNA BEACH for the shelter, and that all services furnished by it hereunder shall be in accordance with the laws of the State of California, and that it will give required notices and use humane methods of care and destruction of any animal coming under its jurisdiction pursuant to its policies.
After review by the Evaluation Committee, vicious or seriously sick or injured domestic animals may be euthanized by lethal injection.
B. LAGUNA WOODS understands that while the cost of the services provided were originally based on the salary and benefits of one full-time Animal Services Officer, LAGUNA BEACH is entering into the agreement with the expectation that the actual field services provided should not exceed 1250 hours annually.
ITEM 7.3
4 LAGUNA WOODS understands that the expense of operating the entire Animal Services program also includes but is not limited to the operation of the Animal Shelter facility, medical treatment of animals, animal disposal, police communications, administration, management, supervision, report preparation, court testimony, ongoing training, and driving time between the two cities.
C. LAGUNA WOODS agrees to maintain all animal service-related fees and license fees equal to the fee schedule of LAGUNA BEACH.
D. LAGUNA WOODS understands that all revenues generated through licensing, fines, penalties, and fees generated through the activities and actions described in this agreement will not be reimbursed to LAGUNA WOODS. Such revenues will be used to offset the variable costs of setting up the licensing records of all licensed dogs, printing of related forms, notices, documents, tags, and care and feeding of impounded animals.
E. LAGUNA BEACH shall furnish and supply all necessary labor, supervision, equipment and supplies to provide the services described in this Agreement. In all instances wherein special supplies, stationery, notices, forms and the like are issued in the name of LAGUNA WOODS, the same shall be supplied by
LAGUNA WOODS at its own expense subject to approval by
LAGUNA WOODS.
F. The method by which services are provided, the standard of performance, any other matters incidental to the performance of such services, and the control of personnel so employed, shall be determined by LAGUNA BEACH. In the event of a dispute
between the parties as to the extent of the duties and functions to be provided hereunder, or the level and manner of such services, the parties shall meet in good faith to resolve their differences. In the event of an impasse, the decision of the City Manager of LAGUNA BEACH shall be final.
G. To facilitate the performance of services hereunder, LAGUNA BEACH shall have full cooperation and assistance from LAGUNA WOODS, its officers, agents and employees.
H. If agreeable to both parties, additional services may be rendered by LAGUNA BEACH and paid for by LAGUNA WOODS.
Additional services must be approved in writing by LAGUNA WOODS.
ITEM 7.3
5 I. The Laguna Beach Animal Shelter is under the direct supervision of the Laguna Beach Police Department. Complaints, concerns, and problems may be directed to the on-duty Police Department Watch Commander, Animal Shelter Manager, or Animal Services Manager (or other Police Department Supervisor or Management level employee.)
J. LAGUNA WOODS shall be responsible for negotiating, managing and paying for any contracts entered into with a private service provider to handle the abatement of coyotes, mountain lions, or any other non-domesticated animals that are deemed to be causing a nuisance.
5) TRAINING SERVICES. LAGUNA BEACH may provide periodic training and education services to the security staff of Village Management Services, Inc. related to animal control and coyote hazing at the sole discretion of LAGUNA BEACH. The schedule and substance of this training shall be determined by LAGUNA BEACH Animal Services staff and may be discontinued at any time and at the sole discretion of LAGUNA BEACH. Village Management Services, Incorporated, is a California based non-profit mutual benefit corporation located at 24351 El Toro Road, Laguna Woods, CA. 92637.
4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all persons employed by LAGUNA BEACH to provide said services shall be LAGUNA BEACH employees; no person employed hereunder shall have the right to any LAGUNA WOODS pension or civil service status. When performing services under this Agreement and for the purpose of giving official status to the performance therefor where necessary, but not for the purpose of liability or indemnification, every LAGUNA BEACH officer or employee shall be deemed to be an officer or agent of LAGUNA WOODS.
5. CONFORMITY OF LAWS OR REGULATIONS
Notwithstanding anything to the contrary herein contained, this Agreement shall terminate at any time that LAGUNA WOODS fails to enact, and to maintain in full force and effect an ordinance substantially the same as the provisions of Title 6 of the LAGUNA BEACH Municipal Code, and other regulations presently adopted by the LAGUNA BEACH City Council concerning animal control, including those which relate to fees. This Agreement shall also terminate if LAGUNA WOODS does not enact the same amendments to its Municipal Code as those adopted by LAGUNA BEACH City Council regarding animal control within sixty (60) days after a request to do so by LAGUNA BEACH’S City Manager. The LAGUNA BEACH City Manager, acting on behalf of LAGUNA ITEM 7.3
6 BEACH, may use discretion and need not request LAGUNA WOODS to adopt amendments, which do not apply to LAGUNA WOODS.
6. PREPARATION OF ANNUAL BUDGET
LAGUNA BEACH assumes all responsibility for the preparation of the Animal Services budget for Fiscal Year 2026-2027.
7. PREPARATION OF STATISTICAL REPORTS
LAGUNA BEACH will prepare and provide statistical information to LAGUNA WOODS on a monthly basis containing information on all animal services related calls for service in LAGUNA WOODS received by the LAGUNA BEACH Police
Communications Center; and all Animal Shelter related services provided to LAGUNA WOODS (e.g. licensing, permitting, and numbers of animals, duration held, and disposition).
LAGUNA BEACH will assist and provide LAGUNA WOODS
with special requests for information either on specific calls, special statistical information, or other similar requests as is reasonably available through the Police Department computerized dispatching system and Animal Shelter records.
8. PAYMENTS
A. BASIS FOR PAYMENT
LAGUNA WOODS shall pay LAGUNA BEACH for the
actual costs of providing animal control, animal shelter services, and other services contemplated by this
Agreement to the area located within LAGUNA WOODS.
B. PAYMENT METHOD
(1) In consideration for the animal control, licensing, and shelter services provided by LAGUNA BEACH during the
term of the Agreement, LAGUNA WOODS shall make a
Fiscal Year 2026-2027 Payment to LAGUNA BEACH in
the amount of $129,060.00 (“Annual Payment”).
(2) The 2026-2027 Fiscal Year Payment shall be paid to
LAGUNA BEACH in monthly installments, each payment
equal to $10,755.00 or one-twelfth (1/12) of the total
Annual Payment for the 2026-2027 Fiscal Year. The first payment is due on July 30, 2026, and subsequent monthly ITEM 7.3
7 payments shall be due on the 30th of each calendar month thereafter, with the last payment due on June 30, 2027. (3) If a payment is not received by LAGUNA BEACH within thirty (30) days after the due date, LAGUNA BEACH may
cease providing any further service under this Agreement with LAGUNA WOODS and may satisfy the indebtedness
in any manner prescribed by law.
(4) LAGUNA WOODS shall not be called upon to assume any liability for (1) the direct payment of any salaries, wages or other compensation to any LAGUNA BEACH personnel
performing services pursuant to this Agreement, (2) any liability for any LAGUNA BEACH employee for injury or
sickness arising out of his or her employment while
performing services pursuant to this Agreement: provided, however, the costs of such liabilities described in this subparagraph shall be considered expenditures for the
Animal Services program and shall be allocated pursuant to the terms of Paragraph 8C of this Agreement.
C. DETERMINATION OF COST OF SERVICES
(1) LAGUNA BEACH shall use the salary and benefits of one full-time Animal Services Officer to determine the Actual Cost of the animal control and shelter services provided to LAGUNA WOODS for each fiscal year during the term of
this Agreement. This figure will be adjusted annually to reflect any changes in those salary or benefits such as a negotiated salary increase.
D. FEE REVENUE
(1) LAGUNA BEACH shall receive all cooperation possible from LAGUNA WOODS to enable efficient enforcement
of fee collection. LAGUNA BEACH shall retain all fees
and revenue derived from the enforcement of the
LAGUNA WOODS ordinances pertaining to the animal
control services provided by LAGUNA BEACH.
(2) LAGUNA BEACH agrees to keep and make available to
LAGUNA WOODS a record of all license revenue
collected from residents of LAGUNA WOODS, and all fee
revenue generated from animals received from LAGUNA
WOODS residents or impounded within the corporate
limits of LAGUNA WOODS.
ITEM 7.3
8 9. CONSULTATION
LAGUNA BEACH agrees to consult with LAGUNA WOODS during the consideration of, and prior to any final decision and/or implementation of the following:
A. Any proposed change in the level of service, staffing, days or hours of operation of field services, special services or shelter services.
B. Any proposal to offer or contract for the provision of animal control and shelter services to another public agency.
C. Any proposed change to LAGUNA BEACH ordinances,
regulations, and fees concerning animal control services that LAGUNA BEACH would propose be adopted by LAGUNA
WOODS.
10. RECORDS
All records created or received by LAGUNA BEACH in accordance with this Agreement shall be LAGUNA BEACH records. LAGUNA BEACH agrees to keep such books and records in such form and manner as specified in the Municipal Code. Said Books shall be open for examination by LAGUNA WOODS at all reasonable times.
11. ALTERATION OF TERMS
This Agreement fully expresses all understandings of LAGUNA BEACH and LAGUNA WOODS with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.
12. INDEMNIFICATION
LAGUNA WOODS agrees to and shall defend, indemnify and hold LAGUNA BEACH, its elected officials, officers, agents and employees harmless from any and all claims actions and judgments for injury, loss or damage arising out of or resulting from the performance of services by LAGUNA BEACH under this Agreement in or for the benefit of LAGUNA WOODS; provided however, this obligation shall not apply where the alleged injury, loss or damage arises out of or results from an ITEM 7.3
9 act or omission of LAGUNA BEACH personnel not within the scope of employment or an act or omission constituting actual fraud, corruption or actual malice. LAGUNA WOODS’ obligation to defend, indemnify, and hold harmless shall extend to any claims, judgments, or damages arising out of LAGUNA BEACH’s training and education services provided to the staff of Village Management Services, Inc., including, but not limited to, any third party claims resulting from the actions of Village Management Services, Inc. employees or its agents. Village Management Services, Incorporated, is a California based non-profit mutual benefit corporation located at 24351 El Toro Road, Laguna Woods, CA. 92637.
LAGUNA BEACH agrees to and shall defend, indemnify and hold LAGUNA WOODS, its elected officials, officers, agents and employees harmless from any and all claims actions and judgments for injury, loss or damage arising out of or resulting from the performance of services by LAGUNA BEACH under this Agreement in or for the benefit of LAGUNA WOODS; provided however, this obligation shall not apply where the alleged injury, loss or damage arises out of or results from the enactment and maintenance by LAGUNA WOODS of the ordinance and regulations required under Section 5 of this Agreement; and provided further, however, this obligation shall not apply where the alleged injury, loss or damage arises out of or results from an act or omission of LAGUNA WOODS personnel not within the scope of employment or an act or omission constituting actual fraud, corruption or actual malice.
13. BREACH OF AGREEMENT
If either LAGUNA BEACH or LAGUNA WOODS defaults in the
performance of the terms or conditions of the Agreement, it shall have thirty (30) days after service upon it of a written notice of default in which to cure the default by rendering satisfactory performance. In the event that a party fails to cure its default within such period of time, the other party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, inequity, or under this Agreement. The failure of either party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either the term or condition, or of any other term or condition of this Agreement.
14. ATTORNEYS’ FEES
If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the ITEM 7.3
10 prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the party may be entitled.
15. NOTICES
Unless the persons or addresses are otherwise identified by notice given in the manner specified by this paragraph, all notices authorized or required by this Agreement shall be deemed effective when reduced to writing and deposited in the United States mail, certified, and addressed as follows:
To LAGUNA BEACH: City Manager
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
To LAGUNA WOODS: City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
IN WITNESS WHEROF, the City of Laguna Beach by motion duly adopted by its City Council caused this Agreement to be signed by its City Manager and attested by its City Clerk, and the City of Laguna Woods, by motion duly adopted by its City Council caused this Agreement to be signed by its Mayor and attested by its City Clerk, to become effective on the day first above written.
ITEM 7.3
11 IN WITNESS WHEROF, the parties hereto have executed this Agreement.
DATED:_____________________ DATED:_____________________ By:__________________________ By:__________________________ ANNIE McCARY DAVE KIFF
Laguna Woods Mayor Laguna Beach City Manager
DATED:_____________________ DATED:_____________________ By:__________________________ By:__________________________
YOLIE TRIPPY ANN MARIE MCKAY
Laguna Woods City Clerk Laguna Beach City Clerk
DATED:_____________________ DATED:_____________________ By:__________________________ By:__________________________
ALISHA PATTERSON MEGAN GARIBALDI
Laguna Woods City Attorney Laguna Beach City Attorney
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7.4 AS NEEDED FINANCIAL CONSULTING
SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.4
CLW-Irwin B. Bornstein – Extension-Amendment 5/20/2026
EXTENSION AND AMENDMENT OF THE
CONSULTANT SERVICES AGREEMENT
BETWEEN THE
CITY OF LAGUNA WOODS
AND
IRWIN B. BORNSTEIN
FOR AS NEEDED FINANCIAL SERVICES
This EXTENSION AND AMENDMENT of the CONSULTANT SERVICES AGREEMENT FOR AS NEEDED FINANCIAL SERVICES ("AGREEMENT") that was entered into on July 1, 2017, by and among the City of Laguna Woods, a general law city of the State of California ("CITY") and Irwin B. Bornstein, an individual ("CONSULTANT"), is made and entered into this _______________ by and among CITY and CONSULTANT.
WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2017 and 11:59 p.m. on June 30, 2018; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended by mutual written agreement; and
WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on June 30, 2026; and
WHEREAS, CITY has identified a need for and requested CONSULTANT provide services through 11:59 p.m. on June 30, 2027; and
WHEREAS, CONSULTANT is willing and able to provide the additional services requested by CITY, subject to the terms and conditions of this EXTENSION AND AMENDMENT.
NOW THEREFORE, the parties amend the AGREEMENT as follows:
1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2026 and ending at 11:59 p.m. on June 30, 2027 with no changes to the terms and conditions of the AGREEMENT except as specified herein.
2. CITY and CONSULTANT hereby agree to an AMENDMENT of the AGREEMENT consisting of an increase in compensation from the rate of One Hundred and Ten Dollars ($110.00) hourly to One Hundred and Twenty Dollars ($120.00) hourly, effective July 1, 2026.
[SIGNATURES ON NEXT PAGE]
ITEM 7.4
CLW-Irwin B. Bornstein – Extension-Amendment 5/20/2026
IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION AND AMENDMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS: Approved as to Form:
By
Christopher Macon, City Manager Alisha Patterson, City Attorney CONSULTANT:
By
Irwin B. Bornstein
7.5 LAW ENFORCEMENT SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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CONTRACT
With
City of Laguna Woods
For
Law Enforcement Services
This Contract for Law Enforcement Services, ( ) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California ( ) on behalf of Orange County Sheriff Department, , and the City of Laguna Woods, ( City ) with County and City sometimes individually referred to as
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A Scope of Work
Attachment B Payment Provisions
Attachment C Level of Service
Attachment D City Ordinances
Attachment E TVAP Resolution
Attachment F TVAP Form
Attachment G Forfeited and Seized Asset Policy
RECITALS
WHEREAS, City wishes to contract with County for law enforcement services; and WHEREAS, County is agreeable to the rendering of such services, as authorized in Government Code sections 51301, 54981, and 55632, on the terms and conditions hereinafter set forth, NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
General Terms and Conditions:
A. Term of Contract: This Contract shall commence July 1, 2026 and terminate June 30, 2027 unless earlier terminated by either Party or extended in the manner set forth herein.
B. Termination: County and City may terminate this Contract, without cause, upon one-hundred and eighty (180) days written notice to the other Party.
If the County and City have not entered into a written Contract for further law enforcement services thirty (30) days before this Contract terminates, then the County and City may execute an amendment that provides as follows and does not materially alter other terms of the Contract: County shall continue to provide to City all, or a designated part, of the law enforcement services specified herein, for sixty (60) days following the termination date of this Contract, and City shall pay County the full costs of providing such services. Such full costs may be greater than those listed herein.
C. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein.
D. Amendments: Unless expressly provided for in this Contract, no alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or Contract not ITEM 7.5
County of Orange
Sheriff Coroner Department
Laguna Woods Law Enforcement
Services
incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on either Party unless authorized in writing.
E. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
F. Headings: Headings used throughout this Contract are for convenience only and shall not affect the meaning or interpretation of any provisions of this Contract.
G. Independent Contractor: County is and at all times shall be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between City Sheriff shall retain
all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by County pursuant to this Contract. County, its agents and employees, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees.
H. Indemnification: City agrees to indemnify, defend with counsel approved in writing by County, and hold ) harmless from any claims, demands or
liability of any kind or nature, including but not limited to injury to or death of persons, or property damage, arising from or related to allegations based on acts or omissions of City related to this Contract.
County agrees to indemnify, defend with counsel approved in writing by City, and hold City and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors harmless from any claims, demands or liability of any kind or nature, including but not limited to injury to or death of persons, or property damage, arising from or related to allegations based on acts or omissions of County related to this Contract. County Indemnitees shall not be deemed to have assumed any liability for any dangerous or defective ordinances.
If judgement is entered against City and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, City and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
I. State Audit: Pursuant to Government Code Section 8546.7, City and County shall be subject to examination and audit by the State Auditor for a period of three years after final payment by City to County under this Contract. City and County shall retain all records relating to the performance of this Contract for said threeyear period, except that those records pertaining to any audit then in progress, or to any claims or litigation, shall be retained beyond said three-year period until final resolution of said audit, claim or litigation.
J. Notices: Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as below. All other notices authorized or required by this Contract shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
CITY: ATTN: CITY MANAGER
CITY OF LAGUNA WOODS
24264 EL TORO ROAD
LAGUNA WOODS, CA 92653
COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
-Signature Page to FollowITEM 7.5
County of Orange
Sheriff Coroner Department
Laguna Woods Law Enforcement
Services
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates opposite their respective signatures:
City: Laguna Woods
By: Title: Mayor
Print Name: Date:
Attest:
City Clerk
Approved as to Form
By: ____________________
City Attorney
County:
By: Title: Chair of the Board of Supervisors
Print Name: Date:
Signed and certified that a copy of this Contract has been delivered to the Chair of the Board Per Government Code section 25103; Resolution 79-1535.
Attest:
Robin Stieler
Clerk of the Board
County of Orange, California
Approved as to Form
Office of the County Counsel
Orange County, California
By: ____________________
Deputy
ITEM 7.5
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 1 of 5
ATTACHMENT A
SCOPE OF WORK
A. Regular Services By County:
1. Sheriff shall render to City law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of City, other than licensing ordinances.
2. The night, day and evening patrol and supervisory shifts will be established by Sheriff. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of Sheriff and City Manager, the need arises. Any long-term shift deployment change will be reported to the City Council.
3. The level of service, other than for licensing, to be provided by the County for this Contract is set forth in Attachment C.
4. Patrol Performance Goals shall be as follows:
Response to Priority One Calls: 5 minutes
Response to Priority Two Calls: 12 minutes
Response to Priority Three Calls: 20 minutes
The Police Services Chief will report to the City Manager regarding City Police Services in meeting these goals. In the event of a major incident outside the boundaries of City, adequate law enforcement personnel will remain in City to respond to Priority One and Priority Two calls for service.
5. For any service that is provided to City at less than 100% of a full-time Sheriff position, County retains the option to terminate such service in the event the other City or cities that contract(s) for the balance of the time of the employee providing the service no longer pay(s) for such service and City does not request the Contract be amended to pay 100% of the cost of the employee providing such service. The Maximum Obligation of City will be adjusted accordingly.
6. All services contracted for in this Contract may not be operational on the precise date specified in this Contract. In those instances, Sheriff shall notify City Manager of the date or dates such service or services are to be implemented. If the City pays for a service before its implementation, the County shall provide a credit, based on the
7. During emergencies, such as mutual aid situations, Sheriff will attempt to leave in City the Captain in charge of City Police Services. If Sheriff determines that the Captain is needed elsewhere, Sheriff will notify Manager within four hours. Sheriff will return the Captain to City as soon as possible once the emergency situation is under control.
8. complete investigations relating to such applications. Said investigations shall be forwarded to City Manager who is responsible for the disposition of the application and notification to the applicant. County shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. County shall not provide any administrative or investigatory services related to the licensing ordinances, except the investigations relating to initial applications for which this subsection provides.
9. With the limitations set forth below, Sheriff, on behalf of County, is authorized to execute written amendments to this Contract to increase or decrease the level of service, when Sheriff and City mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Contract shall concomitantly increase or decrease the cost of services payable by City. Sheriff and appropriate City personnel shall Clerk. Except for costs related to Employee Bargaining has defined herein, changes to this Contract executed by ITEM 7.5
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 2 of 5
Sheriff and City Manager may not, in the aggregate, increase or decrease the cost of services payable by City by more than one percent (1%) of the Maximum Obligation.
B. Enhanced And Supplemental Services By County:
1. Enhanced services for events on City property. At the request of City, through its City Manager, Sheriff may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by City. Sheriff shall determine personnel and equipment needed for such enhanced services. City shall reimburse County for such additional services, at an amount computed by Sheriff, based on the The cost of these enhanced services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event.
2. Supplemental services for occasional events operated by private individuals and entities on non-City property. At the request of City, through its City Manager, Sheriff may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non-City property. Sheriff shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if Sheriff is able to do so without reducing the normal and regular ongoing services that Sheriff otherwise would provide to City pursuant to this Contract. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between County and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. City shall reimburse County its full, actual costs of providing such supplemental services at an amount computed by Sheriff, based on the current The cost of these supplemental services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event.
3. Supplemental services for events operated by public entities on non-City property. At the request of City, through its City Manager, Sheriff may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-City property.
Sheriff shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if Sheriff is able to do so without reducing services that Sheriff otherwise would provide to City pursuant to this Contract. City shall reimburse County its full, actual costs of providing such supplemental services at an amount computed by Sheriff, based on the current year's County law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event.
4. Notwithstanding the foregoing, City, through its permit process, may utilize the services of Sheriff at events, for which City issues permits, that are operated by private individuals or entities or public entities. Sheriff shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in this Contract, City shall reimburse County for such additional services at an amount computed by Sheriff, based The cost of these services shall be in addition to the
Maximum Obligation of City. Sheriff shall bill City immediately after said services are rendered.
5. In accordance with Government Code Section 51350, County has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. Sheriff through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the Maximum Obligation of City. County shall not charge any additional amounts for enhanced helicopter services without written notification to the City.
C. Body Worn Camera And In Car Video:
1. As part of the law enforcement services to be provided to City, County has provided, or will provide, body
2. Sheriff has the exclusive right to use said BWC and ICV for law enforcement services related to this Contract.
ITEM 7.5
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 3 of 5
3. City shall pay County the full costs to County of a) the acquisition of BWC and the acquisition and installation of ICV, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in the Maximum Obligation of City, unless City has already paid such costs.
4. If, following the initial acquisition of BWC and ICV referenced above, City requires BWC and ICV for additional BWC and ICV. Upon demand by County, City will pay to County a) the full costs of acquisition of additional BWC and the full cost of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in the Maximum Obligation.
5. County will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing.
City shall not be charged any additional charge to replace or upgrade BWC and ICV.
D. Traffic Violator Apprehension Program:
1. Sheriff, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the County and in the cities that contract with County for law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for City to participate in the Program, City has adopted fees pursuant to Vehicle Code Section 22850.5, in the same amount as approved by County, as set forth in the resolution that is Attachment E (hereinafter called a has directed that the revenue from such fee be used for the Program. participation in the Program may be terminated at any time by rescission or amendment of its TVAP resolution. In the event City 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains Attachment E to the Contract, as long as said amendment to this Contract does not materially change any other provision of this Contract. As County updates its fees for the Program periodically, County will provide written notice to City of the updated fees. participation in the Program will terminate if City determines not to adopt the updated fees for the Program.
2. County will make available for review, at the request of City, all financial data related to the Program as may be requested by City.
3. Fee revenue generated by County and participating cities will be used to fund the following positions, which will be assigned to the Program:
Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
One (1) Staff Specialist
(80 hours per two-week pay period)
One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by City may be used to reimburse City for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for ITEM 7.5
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Sheriff Coroner Department
Law Enforcement Services Page 4 of 5
reimbursement, City shall submit a request for and obtain pre-approval of the expenditure by using the form as shown in Attachment F.
The request shall be submitted within the budget schedule established by Sheriff. Sheriff shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase.
In the event that City terminates its participation in the Program, City agrees that the equipment purchased by City and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the
5. In the event the fees adopted by County, City and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, County, at the option of City, will reduce the level of Program service to be provided to City or will continue to provide the existing level of Program services.
County will charge City the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of City. The amount of any revenue shortfall charged to City will be determined, at the time the revenue shortfall is experienced, according share of Program services rendered.
In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to this Contract so providing. Decisions about how to reduce the level of Program service provided to City shall be made by Sheriff with the approval of City.
E. Mobile Data Computers:
1. As part of the law enforcement services to be provided to City, County has provided, or will provide, mobile designated by County for use within City limits.
2. Sheriff has the exclusive right to use said MDCs for law enforcement services related to this Contract.
3. City shall pay County the full costs to County of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to City, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.
The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in the Maximum Obligation of City unless City has already paid such costs.
4. If, following the initial acquisition of MDCs referenced above, City requires MDCs for additional patrol cars additional MDCs. Upon demand by County, City will pay to County a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in the Maximum Obligation of City.
5. County will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing. City shall not be charged any additional charge to replace or upgrade MDCs.
F. E-Citation Units:
1. As part of the law enforcement services to be provided to City, County has provided, or will provide, ECitation units designated by County for use within City limits.
2. Sheriff has the exclusive right to use said E-Citation units for law enforcement services related to this Contract.
3. City shall pay County the full costs to County of a) the acquisition of E-Citation units that are assigned to City, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.
ITEM 7.5
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 5 of 5
The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in the Maximum Obligation of City unless City has already paid such costs.
4. If, following the initial acquisition of E-Citation units referenced above, City requires additional E-Citation units designated for use in City, County will purchase said additional E-Citation units. Upon demand by County, City will pay to County a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in the Maximum Obligation of City.
5. County will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing.
City shall not be charged any additional charge to replace or upgrade E-Citation units.
G. Equipment:
1. As part of the law enforcement services to be provided to City, County shall purchase motorcycles and radios
2. City shall pay County the full costs to County of a) the acquisition of Equipment, b) recurring costs, c) the costs of maintenance, and d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete, as deemed necessary by County. The costs to be paid by City are included in the costs set forth in the Maximum Obligation of City.
3. The Equipment purchased by the County for services to the City shall be the property of the County.
4. Radios and motorcycles previously purchased by the City for County law enforcement services to the City shall be the property of and maintained by the City. Notwithstanding the Indemnification provisions of this Contract, omission.
H. Fuel:
1. City shall be responsible for the cost of fuel used for services in this Contract. City may: 1) provide fuel via Parties. For motorcycles, the City shall pay the County for the provision of fuel in a manner that is acceptable to both Parties. For all other vehicles, City and County shall mutually agree on which method shall be utilized. Limited reimbursement of such costs is included in the costs set forth in Attachment B.
I. Booking:
1. Persons detained in City will be booked into the Sheriff Intake-Release Center. Persons will not be booked or housed at the Police Station.
ITEM 7.5
County of Orange
Sheriff Coroner Department
ATTACHMENT B
PAYMENT PROVISIONS
1. Compensation: Pursuant to Government Code Section 51350, City agrees to pay to County the full costs of performing the services mutually agreed upon in this Contract. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and County General overhead.
The Maximum Obligation of City for services to be provided by the County for the period July 1, 2026 through June 30, 2027 shall be $ , , (herein The County shall provide the City with a new Maximum Obligation prior to the start of the new fiscal year term for the remaining fiscal years included in this Contract Term, if applicable.
The overtime costs included in the Contract are only an estimate. Sheriff shall notify City of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed Maximum Obligation.
2. Personnel and Deployment:
A. City shall pay the full costs of employees in the following instances:
1. County-paid holidays.
2. Sick leave to the extent that it does not exceed the greater of a.) 12 days per year, per position, or b.) the amount of leave accrued by an employee assigned to City during the time he or she has been assigned to City.
3. Vacation leave to the extent it does not exceed an amount permitted by County to be accumulated by an employee at any one time.
4. Training as mandated by the California Commission on Peace Officers Standards and Training (P.O.S.T.) or as mandated by Sheriff.
5. Bereavement leave as authorized by County.
6. Jury duty leave as authorized by County.
7. Responses to mutual aid and natural or man-made disasters or emergencies, unless the County provides a replacement employee, in which case the City will pay for one employee.
B.
Department shall be considered vacant. The County will provide a credit to the City for the hours a position is vacant. The credit may be offset with overtime and reconciled at fiscal year-end.
C. The Sheriff shall not charge the City when an employee, usually assigned to the City, participates in specialized Sheriff services that are available throughout the County, including in City, in accordance with County Resolution No. 89-1160. If the Sheriff determines that overtime coverage of the City.
Notwithstanding the above, in the event that County personnel provide services in response to mutual aid and natural or man-made disasters or emergencies and the County subsequently receives reimbursement for those services, the County will credit the reimbursement to the City.
3. Invoice: County shall invoice City monthly and will require payment by City of one-twelfth (1/12) of the Maximum Obligation of City. If a determination is made that increases due to Employee Bargaining must be paid, County thereafter shall include the pro-rata charges for such increases in its monthly invoices to City for the balance.
4. Employee Bargaining: At the time this Contract is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for County employees. If changes result in the County incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to City hereunder, City shall pay County, the full costs of said increases to the extent ITEM 7.5
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such increases are attributable to work performed by such personnel after the starting date of this Contract. City shall pay County in full for such increases on a pro-rata basis over the portion of the Contract term remaining after County notifies City that increases are payable.
If City is required to pay for such increases, County, at the request of City, will thereafter reduce the level of service provided to City to a level that will make the Maximum Obligation of City an amount specified by City.
The purpose of such adjustment of service levels will be to give City the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by City. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Contract. Decisions about how to reduce the level of service provided to City shall be made by Sheriff with the approval of City.
5. Billing Policy:
Billing Policy dated October 27, 1992. The provisions of the policy, including a discount for early payment, shall apply to this Contract. Payments made electronically via a credit card or through a banking system that charges Merchant Fees, Service Fees, or any other Fees shall be the responsibility of the City. If the County is charged any of the before mentioned fees, the City shall be responsible for payment of these fees to the County.
6. Late Penalties: County shall charge City late payment penalties in accordance with County Billing Policy.
7. Licensing Payments: As payment for the Licensing Services described in this Contract, County shall retain all fees paid by applicants for licenses pursuant to City ordinances. Retention of said fees by County shall constitute payment in full to County for costs incurred by County in performing the functions related to licensing; provided, however, that if any of said fees are waived or reduced by City, City shall pay to County the difference time this Contract was executed. If City increases the fee schedule for the licensing ordinances, either party shall have the right to seek amendment of this Contract with respect to the division of the increased fees between City and County.
8. Fees: Fees generated or collected by Sheriff contract personnel for response to false alarms or copying of documents related to the services provided in this Contract will be at County-established rates and will be credited to City on an annual basis. Narcotic asset forfeitures will be handled pursuant to Attachment G.
Revenue generated by City fees, including but not limited to the following, will be at rates established by City and will be retained by City:
a. Bicycle licensing
b. Fingerprinting
c. Visa letters
d. Report duplication
e. DUI cost recovery
f. Special police services
ITEM 7.5
ATTACHMENT C
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
INVESTIGATION SERVICES:
Investigator 0.50 $ 406,642 $ 203,321
PATROL AND TRAFFIC SERVICES:
Sergeant Patrol/Traffic 1.00 $ 425,954 $ 425,954
Sergeant Patrol/Traffic 0.34 $ 425,954 $ 144,825
Deputy Sheriff II Traffic 6.00 $ 344,470 $ 2,066,819
TOTAL POSITIONS 7.84 $ 2,840,919
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation Cost $
TRAFFIC:
Sergeant Traffic 0.60 2.37% $ 6,380
Investigator Traffic 1.00 2.37% $ 8,523
Deputy Sheriff II Traffic 3.00 2.37% $ 28,859
Investigative Assistant Traffic 2.00 2.37% $ 9,047
AUTO THEFT:
Sergeant Auto Theft 0.30 3.15% $ 4,225
Investigator Auto Theft 2.00 3.15% $ 26,376
Investigative Assistant Auto Theft 1.00 3.15% $ 6,062
Office Specialist Auto Theft 1.00 3.15% $ 4,515
DIRECT ENFORCEMENT:
Sergeant DET 1.00 0.00% $ -
Investigator DET 1.00 0.00% $ -
COURTS:
Investigative Assistant Courts 2.00 2.03% $ 7,243
TOTAL REGIONAL/SHARED 14.90 $ 101,230
OTHER CHARGES AND CREDITS:
OTHER CHARGES:
CREDITS:
TOTAL OTHER CHARGES AND CREDITS $ 692,697
TOTAL COST OF SERVICES $ 3,634,846
ORANGE COUNTY SHERIFF-CORONER
CITY OF LAGUNA WOODS
FY 2026-27
LEVEL OF SERVICE
Credits include: AB 109 (2011 Public Safety Realignment); estimated vacancy credits; reimbursement for false alarms; reimbursement for training and miscellaneous programs.
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for five and thirty-four hundredths (4.84) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education pay, MARTpay and on-call pay; services and supplies; and transportation charges.
LAW ENFORCEMENT CONTRACT
ITEM 7.5
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OCSD
BUDGET
USE ONLYR E Q U E S T C ER TI FI C AT I O N A P P R O V A L S
ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date
APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST
THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
APPREHENSION PROGRAM
CITY MANAGER REQUEST:
Printed Name
Signature: DATE
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER TVA PROGRAM
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
ITEM 7.5
5/7/2020 Rev.
ATTACHMENT
POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
BACKGROUND
The Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.
CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.
In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.
In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.
In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY.
Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.
Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency.
ITEM 7.5
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7.6 STREET SWEEPING SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.6
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
SCA OF CA, LLC
FOR STREET SWEEPING SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and SCA of CA, LLC ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on July 1, 2026 and ending at 11:59 p.m. on June 30, 2030. Such term may be extended upon written agreement of both parties to this AGREEMENT through a maximum of 11:59 p.m. on June 30, 2032.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part ITEM 7.6
of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 7.6
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 7.6
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
ITEM 7.6
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 7.6
its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of CONSULTANT's conduct.
ITEM 7.6
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
SECTION 14. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of ITEM 7.6
this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all ITEM 7.6
property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: SCA of CA, LLC
Attn: Legal
3031 N. Rocky Point Drive, West,
ITEM 7.6
Suite 730
Tampa, FL 33607
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled ITEM 7.6
to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Patrick Bobo, CLO, Secretary
Approved as to Form:
Alisha Patterson, City Attorney
Brad Becker, Regional Vice President
ITEM 7.6
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete street sweeping services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
Prevailing Wage Notice
CITY REQUIRES CONSULTANT TO PAY PREVAILING WAGE FOR ALL STREET
SWEEPING WORK PERFORMED UNDER THIS AGREEMENT, WITHOUT
EXCEPTION. CONSULTANT AGREES AND ACKNOWLEDGES, BY ITS
SIGNATURE ON THIS AGREEMENT, THAT PREVAILING WAGES WILL BE PAID ON ALL STREET SWEEPING SERVICES PERFORMED HEREUNDER. In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. CONSULTANT shall be required to pay to all persons employed for this work by CONSULTANT sums not less than the sums set forth in the documents entitled “General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770,1773,17733.1”
California Department of Industrial Relations Notice
California Department of Industrial Relations Registration Requirement – No contractor or subcontractor may be listed on a proposal for this work unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Types of Service
Street sweeping services are intended to maintain public streets, gutters, and related on-street right-of-way clean and free of debris. CONSULTANT shall provide street sweeping services, accordingly, on the portions of El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue that are located within CITY’s jurisdiction.
CONSULTANT shall provide the following services:
1. Routine Weekly Street Sweeping shall occur once per week on all portions of El Toro Road, Exhibit A – Page 1 of 5
ITEM 7.6
Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue that are located within CITY’s jurisdiction. Routine weekly street sweeping shall occur between 9 p.m. on Tuesday and 8 a.m. on the immediately following Wednesday.
a. CONSULTANT may reschedule any routine weekly street sweeping due to inclement weather when such weather would (1) imperil safety or (2) significantly interfere with the effective operation of equipment. Rescheduled dates shall be approved by CITY, in writing, and are subject to cancellation at CITY’s discretion.
2. As-Needed Street Sweeping shall occur as requested by CITY on any or all portions of El Toro Road, Moulton Parkway, Ridge Route Drive, and Santa Maria Avenue that are located within CITY’s jurisdiction. As-needed street sweeping may be required at any time, Monday through Sunday (including on federal holidays) with as little as 24 hours’ notice. This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation for as-needed street sweeping services.
Standards for Personnel
3. CONSULTANT shall designate a project manager who shall be responsible for overseeing all work performed under this AGREEMENT and coordinating the same with CITY.
He/she/they shall have at least two (2) years of experience involving street sweeping and be fluent in the English language.
4. CONSULTANT shall require its street sweeping personnel to either (1) wear a uniform identifying its company name or (2) wear an identification card identifying its company name visible at all times while performing street sweeping services. CONSULTANT shall be solely responsible for ensuring that its street sweeping personnel have access to, and properly utilize, all necessary supplies and equipment to perform work safely and accurately.
5. CONSULTANT’s personnel shall possess all of the following:
a. Proper licensure and training for operation of equipment utilized. b. Ability to operate equipment in accordance with the manufacturer’s recommendations. c. Ability to make required operator/mechanical adjustments to the equipment being used. d. Knowledge of safety regulations as they relate to street sweeping. e. Knowledge of the safety and uniform standards required by this AGREEMENT.
Standards of Practice
6. CONSULTANT shall provide street sweeping services in all of the following areas, unless otherwise noted, in writing, by CITY:
a. Street areas, including curb lines along both sides of streets. For street areas where no curb exists, street sweeping shall extend to the edge of the pavement.
Exhibit A – Page 2 of 5
ITEM 7.6
b. Median areas, including along all curbs on raised medians, along noses or ends of raised medians, along curb returns (radii), and over all portions of painted medians. c. Intersection turn pockets, center areas, dead spots, and cross-gutters.
7. CONSULTANT shall provide street sweeping services in the same direction as traffic flow, observing all applicable laws and regulations.
8. CONSULTANT shall provide street sweeping services in a manner that seeks to minimize total vehicle miles traveled.
9. CONSULTANT’s street sweeping services shall normally consist of a single pass over an area, however, additional passes shall be made and additional effort exerted, as necessary, to remove all loose debris that would normally be collected by a fully operational mechanical street sweeper (e.g., sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter).
Loose debris swept onto driveway aprons, sidewalks, and curb ramps shall require additional passes. If debris cannot be re-swept, CONSULTANT shall manually remove the debris.
10. CONSULTANT shall remove minor obstructions that cannot be swept over (e.g., small tree limbs, palm fronds, rocks, silt, mud, and trash) from the sweeping path, rather than sweep around. CONSULTANT shall report large obstructions (e.g., impaired vertical or horizontal clearance by tree limbs, parked vehicles, and construction waste) that cause any area to be unable to be swept, immediately, to CITY.
11. CONSULTANT shall be responsible for making lawful arrangements to obtain any water necessary to be used during street sweeping activities (e.g., hydrant meters). In the event that CONSULTANT encounters an inoperable or “dead” fire hydrant, CONSULTANT shall report such condition, immediately, to CITY and the El Toro Water District.
12. CONSULTANT shall prevent unnecessary noise resulting from its work and comply with the Laguna Woods Municipal Code’s noise standards, as may change from time-to-time.
Standards for Equipment
13. CONSULTANT’s street sweepers shall be combination vacuum/broom sweepers, unless an alternative street sweeper type is approved by CITY, in writing, at CITY’s discretion.
14. CONSULTANT’s street sweepers must be equipped with a left-gutter broom for medianadjacent work; all others may be single or dual gutter broom machines.
15. CONSULTANT’s street sweepers shall be capable of sweeping a minimum eight foot (8’) width as measured from the outside edge of the gutter broom in a single pass along a curb.
16. CONSULTANT’s street sweepers shall utilize a warning light (rotating or beacon) that is clearly visible from all sides of the street sweeper, and a rear-mounted left/right arrow stick, Exhibit A – Page 3 of 5
ITEM 7.6
or comparable traffic safety lights, at all times when providing street sweeping services.
17. CONSULTANT shall:
a. [CITY’s preference to help meet its annual recovered organic waste product procurement target under 14 California Code of Regulations (CCR) Section 18993.1] Use street sweepers fueled with renewable gas derived from organic waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or authorized by 14 CCR to recover organic waste, to the degree that such renewable gas is available. CONSULTANT shall maintain records pertaining to the renewable gas procured and used for street sweepers under this AGREEMENT and submit such records to CITY on a schedule to be determined by CITY. Records submitted to CITY shall include, but not be limited to, the following: (1) description of the street sweeper(s) using renewable gas; (2) description of when and where the renewable gas was used; (3) quantity of renewable gas solely used for street sweeping services for each month of the term of this AGREEMENT; (4) type and source of the renewable gas, including the name, physical location, and contact information for each entity, operation, or facility from which the renewable gas was procured; and, (4) invoices or other records demonstrating procurement of the renewable gas.
AND/OR
b. Use street sweepers powered by alternative fuels, meaning street sweepers with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid-electric and dual-fuel technologies that use diesel fuel are not considered to be street sweepers powered by alternative fuels.
AND/OR
c. Use street sweepers fueled with low-sulfur diesel, meaning diesel fuel that has a maximum sulfur content of 15 parts per million.
18. CONSULTANT shall keep all equipment in good working order and shall maintain, operate, and utilize the same in full compliance with applicable manufacturer’s instructions, California Department of Transportation (DOT) requirements, and California Division of Occupational Safety and Health (Cal/OSHA) requirements.
Clean-up and Waste Disposal
19. CONSULTANT shall not permit any personnel or member of the public to collect, salvage, or remove any debris resulting from street sweeping.
20. If CONSULTANT chooses to utilize a third-party to haul debris resulting from any street sweeping services, it shall be a requirement to use CITY’s franchise solid waste handling services provider (currently CR&R Incorporated), as may change from time-to-time.
Exhibit A – Page 4 of 5
ITEM 7.6
CONSULTANT shall provide CITY with documentation of the tonnage and composition of debris disposed of, and the manner and location of disposition, before any compensation is provided for services rendered. Documentation shall be in form sufficient to CITY.
Exhibit Exhibit A – Page 15 of 15
ITEM 7.6
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated using the following rates:
• Routine Weekly Street Sweeping – $896.10 per week
• As-Needed Street Sweeping – $195.00 per hour
The rates set forth in this EXHIBIT “B” are all-inclusive. CITY shall not provide separate or supplemental compensation to CONSULTANT.
CONSULTANT’s rates shall increase on July 1 of each calendar year in the amount of any increase in the Bureau of Labor Statistics’ Los Angeles-Long Beach-Anaheim Consumer Price Index for All Urban Consumers (CPI-U), between May of the then-current and previous years.
Exhibit B – Page 1 of 1
ITEM 7.6
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Professional liability insurance.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $2,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per claim and no less than $1,00,000 general aggregate.
Exhibit C – Page 1 of 3
ITEM 7.6
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
Exhibit C – Page 2 of 3
ITEM 7.6
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
7.7 TRAFFIC ENGINEERING SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.7
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
ITERIS, INC.
FOR TRAFFIC ENGINEERING SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and Iteris, Inc. ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on July 1, 2026 and ending at 11:59 p.m. on June 30, 2029. Such term may be extended upon written agreement of both parties to this AGREEMENT through a maximum of 11:59 p.m. on June 30, 2031.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This ITEM 7.7
AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 7.7
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 7.7
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
ITEM 7.7
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 7.7
its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of ITEM 7.7
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
SECTION 14. INSURANCE.
ITEM 7.7
CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
ITEM 7.7
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: Iteris, Inc.
Attn: Legal Department
ITEM 7.7
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled ITEM 7.7
to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Steven Bradley, Senior Vice President
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 7.7
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete traffic engineering services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
Regular services shall include the following, unless cancelled in writing by CITY:
Daily Tasks (Monday through Friday, excluding CONSULTANT’s observed holidays) (not to exceed 25 hours per month without CITY’s prior written authorization) • Log into CITY’s Centracs traffic signal system and video detection camera systems for approximately one hour during AM or PM peak periods
• Monitor traffic conditions in real time
• Observe traffic signal operations at all signalized intersections controlled by CITY • Ensure all detections are working properly
• Address any issues found (e.g., minor timing change) immediately. If an issue is hardware related, notify CITY and CITY’s traffic signal maintenance contractor immediately.
Monthly Task (once per month)
(not to exceed two hours per month without CITY’s prior written authorization) • Provide monitoring reports to CITY that summarize the specific changes made and tasks done during the month, as well as the date and times that all routine daily tasks were performed (first four bullets under “Daily Tasks” above). The reports are intended to keep CITY informed of the current state of the intersections and traffic signal operations, as well as to provide supporting documentation for invoices. CITY shall not pay invoices from CONSULTANT until after all reports have been received for the month invoiced.
As-needed services may include the following, only when requested by CITY:
As-Needed Traffic Signal Operations
• Update traffic signal timing parameters per applicable federal or state standards (e.g., pedestrian flashing-don’t walk, yellow change interval, etc.) • Design, implement, fine-tune, and monitor traffic signal synchronization and progression • Respond to requests for traffic signal timing check
• Prepare and implement traffic responsive or “flush” timing plans • Prepare traffic signal timing sheets
• Implement and fine-tune traffic signal timing for new or modified signals • Review traffic signal timing sheets prepared by others • Prepare traffic signal operations simulation models
Exhibit A – Page 1 of 3
ITEM 7.7
As-Needed Traffic Engineering Design
CONSULTANT shall prepare traffic engineering plans, specifications, and estimates that conform to applicable CITY and Caltrans standards, including for:
• New traffic signal installation
• Traffic signal modifications
• Signing and striping
• Street lighting
• Work area traffic control
• Traffic signal interconnect (twisted-pair copper, fiber-optic, and/or wireless) • Intelligent Transportation System (ITS) (e.g., video detection and CCTV cameras) As-Needed Construction Inspection Services
CONSULTANT shall assist CITY during the construction of traffic-related projects, including:
• Construction bidding
• Responses to contractor’s requests for information (RFI) • Pre-construction meetings
• Review material submittals and shop drawings
• Construction inspections
• Review contractor’s change order requests
• Traffic signal timing setup and intersection start up • Review and approve punch lists
• Prepare as-built drawings
• Assist with negotiating construction deficiency remedies As-Needed Transportation Planning Study Preparation
• Traffic impacts studies
• Parking studies
• Traffic circulation analysis
• Vehicle miles traveled (VMT) analysis
• General plan circulation elements
• Travel demand forecasting
• Corridor studies
• Infrastructure transportation planning studies
• Multi-modal transportation planning projects (e.g., rail, highway, non-motorized, goods movement, bus rapid transit, and advanced technologies) As-Needed Warrant Analysis
CONSULTANT shall perform or review warrant analysis, engineering studies and investigation, including:
• Traffic signal warrant analysis
• Left-turn warrant analysis
• Stop warrant analysis
• Crosswalk request
Exhibit A – Page 2 of 3
ITEM 7.7
• Speed hump request
• Line-of-sight analysis
As-Needed CITY Representation
CONSULTANT shall represent CITY or accompany CITY personnel and/or CITY officials to any meetings or presentations and support them on any traffic engineering-related issues and negotiations. Meetings may include, but are not limited to, City Council meetings, committee meetings, public outreach meetings, meetings with private developers and consultants, meetings with other cities, and meetings with other agencies (e.g., Caltrans, County of Orange, Orange County Transportation Authority, and Southern California Association of Governments).
As-Needed Safety Monitoring
CONSULTANT’s safety monitoring services range from evaluating existing traffic conditions and traffic safety to reviewing design plans as it relates to private development. Traffic safety assessments typically involve the review of accident data to assess recent accident history and the development of collision diagrams to identify the locations of accidents, by type, frequency, and cause. CONSULTANT shall use such data to determine locations where field observations are necessary to identify factors which may contribute to the accidents or safety concerns.
As-Needed Speed Survey Preparation
CONSULTANT shall prepare engineering and traffic surveys for speed limits in accordance with applicable provisions of the California Vehicle Code.
As-Needed Plan Check and Report Review
CONSULTANT shall provide plan checking and report review services to CITY for any types of traffic and transportation engineering deliverables prepared by others, including:
• Traffic signal plans
• Signing and striping plans
• Street lighting plans
• Work area traffic control plans
• Traffic signal interconnect (twisted-pair copper, fiber-optic, and/or wireless) plans • ITS plans
• Traffic impacts study reports
• Parking study reports
• Traffic analysis portion of environment impact reports (EIR) Exhibit A – Page 3 of 3
ITEM 7.7
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated on an hourly basis using the following rates:
Table B-1: Compensation Schedule
CONSULTANT Personnel Title Hourly Rate1
Assistant Engineer $135
Associate Engineer $160
Engineer $180
Senior Engineer $210
Assistant City Traffic Engineer $250
City Traffic Engineer $275
Expert Advisor $310
1 Hourly rates are not subject to minimums or maximums and are all inclusive. CONSULTANT shall not receive separate compensation for travel, lodging, mileage, telephone services, internet service, equipment, supplies, food, drink, any other expense, except as provided below.
The hourly rates listed in Table B-1 are all inclusive, with the exception of permits and licenses obtained by CONSULTANT on behalf of CITY; reproduction/scanning completed by a party other than CONSULTANT; oversized printing completed by a party other than CONSULTANT; postage; delivery service completed by a party other than CONSULTANT; and, subcontracting, all of which must be authorized by CITY, in advance, and may only be charged to CITY at cost without markup (as evidenced by receipts).
Hourly and other compensation rates set forth in this EXHIBIT "B" shall increase by 3% each July 1 beginning on July 1, 2027 for the term of this AGREEMENT.
Except as otherwise provided in EXHIBIT "A", CONSULTANT shall provide all services under this AGREEMENT only as requested by CITY. This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation.
Exhibit B – Page 1 of 1
ITEM 7.7
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Professional liability insurance.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per claim and no less than $1,00,000 general aggregate.
Exhibit C – Page 1 of 3
ITEM 7.7
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
Exhibit C – Page 2 of 3
ITEM 7.7
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
7.8 TRAFFIC SIGNAL, STREET LIGHT, AND CITY
HALL LIGHTING MAINTENANCE SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.8
CLW-Bear Electrical Solutions, Inc. – Extension 5/20/2026
EXTENSION OF THE
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
BEAR ELECTRICAL SOLUTIONS, INC.
FOR TRAFFIC SIGNAL, STREET LIGHT, AND CITY HALL LIGHTING
MAINTENANCE SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on June 28, 2023, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and Bear Electrical Solutions, Inc. ("CONSULTANT"), is made and entered into this _______________ by and among the CITY and CONSULTANT.
WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2023 and 11:59 p.m. on June 30, 2026; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT through a maximum of 11:59 p.m. June 30, 2028; and
WHEREAS, the AGREEMENT allows for amendments to the AGREEMENT provided they are made in writing and approved by both parties to the AGREEMENT; and WHEREAS, CITY has identified a need for and requested CONSULTANT provide services through 11:59 p.m. on June 30, 2028; and
WHEREAS, CONSULTANT is willing and able to provide the additional services requested by CITY, subject to the terms and conditions of this EXTENSION.
NOW THEREFORE, the parties amend the AGREEMENT as follows:
1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2026 and ending at 11:59 p.m. on June 30, 2028 with no changes to the terms and conditions of the AGREEMENT except as provided herein. [SIGNATURES ON NEXT PAGE]
ITEM 7.8
CLW-Bear Electrical Solutions, Inc. – Extension 5/20/2026
IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.
CITY OF LAGUNA WOODS: Approved as to Form:
By
Christopher Macon, City Manager Alisha Patterson, City Attorney CONSULTANT:
By
Robert Asuncion, Vice President
7.9 SOFTWARE LICENSING AND
IMPLEMENTATION SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
2026-608849-M3N4D3 CONFIDENTIAL Page 1
Billing Address: Shipping Address
LAGUNA WOODS, CA CITY OF City of Laguna Woods
ATTN: ACCOUNTS PAYABLE 24264 El Toro Rd
24264 EL TORO ROAD
LAGUNA WOODS CA 92637 Laguna Woods CA 92637-3488
Chris Macon
+1 (949) 639-0525
[email protected]
Quoted By Brandon Swanson
Quote Expiration 10/21/26
Quote Name HR Management
Tyler Annual Software – SaaS
Description List Price Discount Annual
ERP Pro
ERP Pro 10 Financial Management Suite
Human Resources Management (Includes Position Budgeting) $ 4,498 $ 900 $ 3,598 TOTAL: $ 4,498 $ 900 $ 3,598
Third Party Software & Hardware
Description Quantity Unit Price
Extended
Price Annual
ERP Pro
Third Party Software
Third Party Verification Services - Work Number by Equifax 1 $ 0 $ 0 $ 0 TOTAL: $ 0 $ 0
ITEM 7.9
2026-608849-M3N4D3 CONFIDENTIAL Page 2
Services
Description Hours/Units Extended Price
ERP Pro 10 Financial Management Suite
Professional Services 88 $ 10,560
Other Services
Project Management 1 $ 250
TOTAL: $ 10,810
Summary One Time Fees Recurring Fees
Total SaaS $ 3,598
Total Third Party Hardware, Software, Services $ 0 $ 0
Total Tyler Services $ 10,810
Summary Total $ 10,810 $ 3,598
ITEM 7.9
2026-608849-M3N4D3 CONFIDENTIAL Page 3
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Third Party Verification Services Work Number by
Equifax
Third Party Verification Services will be provided pursuant to the Equifax Verification Terms of Service, and Client will comply with such terms and obligations of furnishers under the FCRA, in each case, found at https://www.tylertech.com/client-terms/equifax-verificationterms-of-service.
Human Resources Management (Includes
Position Budgeting)
Includes Position Budgeting, Tyler University, and Fraud, Risk & Compliance.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, WITH RESPECT TO ALL CYBERSECURITY OFFERINGS, INCLUDING FRAUD, RISK & COMPLIANCE, (A) TYLER DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO OUTCOMES OR ERRORS AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, (B) IN NO EVENT WILL TYLER BE LIABLE FOR THE ACTIONS OF ANY MALICIOUS OR CRIMINAL ACTORS, AND (C) TYLER DOES NOT WARRANT THAT SUCH OFFERINGS WILL PREVENT A BREACH OF SYSTEM SECURITY FROM OCCURRING.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible. • Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.
Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered.
ITEM 7.9
2026-608849-M3N4D3 CONFIDENTIAL Page 4
• Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at then-current rates.
• Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
• Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. • If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saasservices.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
ITEM 7.9
7.10 WASTE MANAGEMENT CONSULTING
SERVICES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.10
CLW-City Green Consulting, LLC – Extension 5/20/2026
EXTENSION OF THE
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
CITYGREEN CONSULTING, LLC
FOR WASTE MANAGEMENT CONSULTING SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on June 5, 2025, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and CityGreen Consulting, LLC ("CONSULTANT"), is made and entered into this _______________ by and among the CITY and CONSULTANT.
WHEREAS, the initial term of the AGREEMENT was for the period between July 1, 2024 and 11:59 p.m. on June 30, 2025; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT; and WHEREAS, the AGREEMENT allows for amendments to the AGREEMENT provided they are made in writing and approved by both parties to the AGREEMENT; and WHEREAS, the term of the AGREEMENT was previously extended for periods through 11:59 p.m. on June 30, 2026; and
WHEREAS, CITY has identified a need for and requested CONSULTANT provide services through 11:59 p.m. on June 30, 2027; and
WHEREAS, CONSULTANT is willing and able to provide the additional services requested by CITY, subject to the terms and conditions of this EXTENSION.
NOW THEREFORE, the parties amend the AGREEMENT as follows:
1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on July 1, 2026 and ending at 11:59 p.m. on June 30, 2027 with no changes to the terms and conditions of the AGREEMENT except as provided herein. [SIGNATURES ON NEXT PAGE]
ITEM 7.10
CLW-City Green Consulting, LLC – Extension 5/20/2026
IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.
CITY OF LAGUNA WOODS: Approved as to Form:
By
Christopher Macon, City Manager Alisha Patterson, City Attorney CONSULTANT:
By
Michael Balliet, President
7.11 WOODS END WILDERNESS PRESERVE TRAIL
DRAINAGE AND IMPROVEMENT PROJECT
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.11
CC 05-20-2026 Item 7.11 – Page 1 of 2
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Macon, City Manager
FOR: May 20, 2026 City Council Meeting
SUBJECT: Woods End Wilderness Preserve Trail Drainage and Improvement Project
Recommendation
1. Approve the final record plans and specifications reflecting completion of the “Woods End Wilderness Preserve Trail Drainage and Improvement Project” as prepared by the project architect and their licensed professionals.
AND
2. Accept project completion of the contract agreement with Millsten Enterprises, Inc. for the construction of the “Woods End Wilderness Preserve Trail Drainage and Improvement Project” and authorize the City Manager to execute and record, or cause to be executed and recorded, a notice of completion with the County of Orange.
AND
3. Authorize the City Manager to release the contract retention payment withheld per state law, and exonerate project posted bonds, for the “Woods End Wilderness Preserve Trail Drainage and Improvement Project,” 35 days following recordation of the notice of completion with the County of Orange, to the extent allowed by state law.
Summary
The Woods End Wilderness Preserve Trail Drainage and Improvement Project is included in the Fiscal Years 2025-36 Capital Improvement Program.
ITEM 7.11
Item 7.11 – Page 2 of 2 CC 05-20-2026
The City Council awarded the construction contract agreement for the Woods End Wilderness Preserve Trail Drainage and Improvement Project to Millsten Enterprises, Inc. on October 15, 2025. Construction is now complete.
TheWoods EndTrailhead reopenedto the public onMay 5, 2026. A press release announcing the reopening is included as Attachment A.
Documents Available for Review
The final record plans and specifications reflecting completion of the Woods End Wilderness Preserve Trail Drainage and Improvement Project as prepared by the project architect (RJM Design Group) and their licensed professionals (civTEC, Glasir Design, and GMU) are available for public review at City Hall during normal working hours.
Report Prepared With: April Baumgarten, Public Works Administrator Attachment: A – Press Release dated May 5, 2026
ITEM 7.11 – Attachment A
City of Laguna Woods (949) 639-0500 [email protected]
CITY OF LAGUNA WOODS
PRESS RELEASE
Woods End Trailhead Reopens After Renovation
FOR IMMEDIATE RELEASE
May 5, 2026
LAGUNA WOODS, CA – The City of Laguna Woods’ Woods End Trailhead reopened on May 5, 2026, after having been closed for several months of renovation.
The Woods End Trailhead is part of a 10.6-acre property owned by the City of Laguna Woods and operated by OC Parks that provides hiking access to the Laguna Coast Wilderness Park, including the nearby James Dilley Greenbelt Preserve and Barbara’s Lake.
It is located at 24995 El Toro Road, Laguna Woods, CA 92637, just north of the intersection of El Toro Road and Aliso Creek Road.
The Laguna Woods City Council and representatives from Assemblymember Dixon’s Office, Senator Choi’s Office, OC Parks, and the Coastal Greenbelt Authority celebrated the City of Laguna Woods’ renovation of the Woods End Trailhead at a small gathering on May 5, 2026. The renovation was partially funded by California Proposition 68 and includes new monument signage, new facilities to manage stormwater runoff, and refreshed street-side fencing and landscaping. Four on-street parking spaces are provided.
The Woods End Trailhead property was purchased by the City of Laguna Woods in 2002 for open space preservation and wilderness park access. Prior to its purchase, private owners had contemplated constructing single-family homes on the property.
For more information on the Woods End Trailhead or the Laguna Coast Wilderness Park, please call OC Parks at (949) 923-2235 or visit www.ocparks.com/lagunacoast. # # #
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7.12 SURVEILLANCE CAMERAS AT THE EL TORO
WATER DISTRICT’S OSO LIFT STATION
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.12
MOU – City of Laguna Woods/ETWD Surveillance Cameras – Oso Lift Station | 1 of 5
MEMORANDUM OF UNDERSTANDING
TO ALLOW THE CITY OF LAGUNA WOODS TO INSTALL, OPERATE, AND MAINTAIN SURVEILLANCE CAMERAS AT THE EL TORO WATER DISTRICT’S OSO LIFT STATION (“MOU”)
1. AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN SURVEILLANCE CAMERAS.
Effective on the date of execution below, the El Toro Water District, a California Water District formed and existing pursuant to Section 34000 et seq. of the California Water Code (“ETWD”) consents to the City of Laguna Woods, a California municipal corporation (“CITY”) causing surveillance cameras to be installed, operated, and maintained at the El Toro Water District’s Oso Lift Station for the purpose of surveilling Woods End Wilderness Preserve, public right-of-way, and the Oso Lift Station. CITY’s integration of such surveillance cameras with the Orange County Sheriff’s Department’s Connect Orange County program – should CITY elect to do so – is also specifically authorized by ETWD. The Oso Lift Station is located at Orange County Assessor’s Parcel Number 622-071-21 in the City of Laguna Woods in the vicinity of the intersection of El Toro Road and Aliso Creek Road. The term of the parties’ agreement as set forth in this MOU shall commence on the date of execution below and end at 11:59 p.m. on June 30, 2036. Such term may be terminated by either party to this MOU with 30 calendar days written notice to the other party.
Such term may be extended upon written agreement of both parties to this MOU.
2. PURCHASE. CITY shall be responsible for purchasing all surveillance cameras and associated equipment at its sole expense. The specific make and model of the surveillance cameras shall be subject to mutual agreement of CITY’s City Manager and ETWD’s General Manager.
Surveillance cameras and associated equipment purchased by CITY shall remain its property at all times and be removed by CITY within 30 calendar days of the expiration or termination of this MOU, whichever occurs first.
3. LOCATION AND MANNER OF INSTALLATION. CITY shall only install surveillance cameras on the light pole at the Oso Lift Station highlighted on the site plan attached hereto as Exhibit A. Surveillance cameras and associated equipment shall be pole-mounted and connected to existing electrical service at the Oso Lift Station. No ground-mounted equipment shall be installed. The specific installation location(s) and manner(s) of installation on the light pole shall require the prior approval of ETWD’s General Manager. This MOU does not obligate ETWD to consent to any specific installation location(s) or manner(s) of installation.
4. ELECTRICAL SERVICE. Once installed, the cost of electrical service to the surveillance cameras and associated equipment shall be ETWD’s responsibility at its sole expense. ETWD’s obligation to provide electrical service shall not extend beyond paying utility service costs. Any costs associated with installing and maintaining connections between the surveillance cameras, all associated equipment, and the electrical service for such connections, shall be CITY’s responsibly at its sole expense.
5. MAINTENANCE AND REPLACEMENT. CITY shall be responsible for all necessary maintenance and replacement of surveillance cameras and associated equipment, with the only exception being electrical service which shall be ETWD’s responsibility at its sole expense. CITY agrees to maintain surveillance cameras and associated equipment in good working condition.
ITEM 7.12
MOU – City of Laguna Woods/ETWD Surveillance Cameras – Oso Lift Station | 2 of 5 CITY and ETWD shall perform their obligations under this Section 5 at their sole expense.
6. ACCESS. ETWD shall provide CITY and its contractors with access to the Oso Lift Station, as necessary, to perform obligations under this MOU. Such access shall require escort by ETWD and be coordinated with ETWD at least 72 hours in advance, unless otherwise agreed. Such access shall be provided during ETWD’s normal working hours, unless otherwise agreed. Should access outside ETWD’s normal working hours be required, CITY agrees to compensate ETWD for overtime costs. This Section 6 shall not be interpreted as preventing CITY from performing its obligations under this MOU from its property adjacent to the Oso Lift Station (e.g., with a crane or boom truck), provided CITY provides ETWD with prior notice of its intent to do so and ETWD does not object, which objection shall not be unreasonable. ETWD agrees to not unreasonably withhold CITY’s access to the Oso Lift Station.
7. USE. CITY shall provide ETWD with access to real-time and recorded footage captured by the surveillance cameras, at no cost to ETWD. CITY’s and ETWD’s access to and use of footage captured by the surveillance cameras shall comply with all applicable federal, state, and local laws and regulations including, without limitation, privacy laws. The surveillance cameras shall not function as, or be part of, an “automated license plate recognition system,” as that term is defined in California Civil Code Section 1798.90.5(d), or successor state statute.
8. NOTICES. All notices required or permitted to be given under this MOU shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To ETWD: El Toro Water District
ATTN: General Manager
24251 Los Alisos Blvd.
Lake Forest, CA 92630
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
9. INSURANCE. CITY shall obtain and keep in force during the term of this MOU a program of self-insurance or commercial general liability insurance to cover CITY’s liability arising from CITY’s performance of its obligations hereunder with limits no less than one million dollars ($1,000,000.00) and a policy or policies of workers’ compensation insurance with limits no less than one million dollars ($1,000,000.00) per accident for bodily injury or disease. The commercial general liability policy shall be written on Insurance Services Office Form CG 00 01 covering commercial general liability on an “occurrence” basis.
ITEM 7.12
MOU – City of Laguna Woods/ETWD Surveillance Cameras – Oso Lift Station | 3 of 5 CITY shall include in the policies required hereunder an Additional Insured endorsement and Primary Non-contributory endorsement naming the El Toro Water District, its elected and appointed officials, officers, agents, and employees as an additional insured.
CITY shall provide proof of its required insurance coverage to ETWD.
10. INDEMNIFICATION. CITY agrees to the fullest extent permitted by law, to indemnify and hold ETWD, ETWD’s directors, officers, employees, and agents harmless from and against damages, liability, and costs (including reasonable attorneys’ fees and costs of defense) as a result of CITY’s installation, operation, and maintenance of surveillance cameras as specified herein.
11. ASSIGNMENT. This MOU shall not be assigned. Any purported assignment of this MOU shall be void and of no effect.
12. NO THIRD-PARTY BENEFICIARIES. This MOU, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and ETWD. Unless otherwise stated herein, no other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either CITY or ETWD of any of the obligations under this MOU.
13. BINDING EFFECT. This MOU shall be binding upon the heirs, executors, administrators, successors, and assigns of CITY and ETWD.
14. AUTHORITY TO EXECUTE. The person or persons executing this MOU on behalf of CITY and ETWD has reviewed the terms and conditions of this MOU and has had the opportunity to consult with legal counsel regarding them as CITY and ETWD has deemed appropriate.
The person or persons executing this MOU on behalf of CITY and ETWD represents and warrants that he/she/they has/have the authority to so execute this MOU and to bind CITY or ETWD to the performance of its obligations hereunder.
15. COUNTERPARTS. This MOU may be executed in counterparts, each of which, when both parties hereto have signed this MOU, shall be deemed an original.
16. ENTIRE AGREEMENT. This MOU is the entire, complete, final, and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and ETWD prior to the execution of this MOU. No statements, representations, or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this MOU shall be valid and binding unless in writing duly executed by CITY and ETWD or their authorized representatives.
17. SEVERABILITY. If any term, condition, or covenant of this MOU is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU shall not be affected thereby and the MOU shall be read and construed without the invalid, void, or unenforceable provision(s).
ITEM 7.12
MOU – City of Laguna Woods/ETWD Surveillance Cameras – Oso Lift Station | 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed as of the latter day and year dated below.
CITY OF LAGUNA WOODS:
Annie McCary, Mayor Date
THE ABOVE SIGNATURE SHALL BE NOTARIZED.
ATTACH ACKNOWLEDGEMENT FORM.
Approved by the City Council on: _______________, 2026
Approved as to Form:
Alisha Patterson, City Attorney
EL TORO WATER DISTRICT:
Kathryn Freshley, President Date
Dennis Cafferty, General Manager/Secretary Date
THE ABOVE SIGNATURES SHALL BE NOTARIZED.
ATTACH ACKNOWLEDGEMENT FORM.
Approved by the Board of Directors on: _______________, 2026 Approved as to Form:
Gilbert J. Granito, General Counsel
ITEM 7.12
MOU – City of Laguna Woods/ETWD Surveillance Cameras – Oso Lift Station | 5 of 5 Exhibit A
Permitted Installation Location
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7.13 GENERAL MUNICIPAL ELECTION
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
This page is intentionally blank.
ITEM 7.13 – Attachment A
R 26-XX 1 XX-XX-2026
CITY OF LAGUNA WOODS
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATED TO GENERAL LAW CITIES WHEREAS, under the provision of the laws of the State of California relating to general law cities, a General Municipal Election shall be held on Tuesday, November 3, 2026, for the regularly scheduled election of two (2) members of the City Council for the full term of four (4) years.
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. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Laguna Woods, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing two (2) members of the City Council for the full term of four (4) years (“Election”).
SECTION 3. The ballots to be used at the Election shall be in the form and content as required by law.
SECTION 4. The City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the Election.
SECTION 5. The precincts, ballot drop box locations and hours of operation, vote center locations and hours of operation, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the Election shall be the same as those utilized by the County of Orange.
SECTION 6. In all particulars not recited in this resolution, the Election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election.
SECTION 7. Notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the ITEM 7.13 – Attachment A
R 26-XX 2 XX-XX-2026
Election in time, form, and manner as required by law.
SECTION 8. The City Clerk is authorized to administer the Election and all reasonable and actual Election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 9. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED this XX day of XX 2026.
_____________________________________
ANNIE MCCARY, 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. 26-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 7.13 – Attachment B
R 26-XX 1 XX-XX-2026
CITY OF LAGUNA WOODS
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 WITH THE GENERAL ELECTION TO BE HELD ON THE SAME DATE, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 WHEREAS, the City Council has called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of electing two (2) members of the City Council for the full term of four (4) years; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the General Election to be held on the same date and that within the City, the precincts, voting methods (i.e., ballot drop boxes, vote centers, and vote-by-mail balloting), and election officers of the two elections be the same, and that the County of Orange Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
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. Pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Election on Tuesday, November 3, 2026, for the purpose of the electing two (2) members of the City Council for the full term of four (4) years (“Election”).
SECTION 3. The form for election of the members of the City Council is to appear on the ballot substantially as follows:
CITY OF LAGUNA WOODS
Member of the City Council
Vote for no more than Two
(Candidate names to be inserted along with a write-in opportunity)
SECTION 4. The County of Orange Registrar of Voters is authorized to canvass the returns of the Election. The Election shall be held in all respects as if there were only one ITEM 7.13 – Attachment B
R 26-XX 2 XX-XX-2026
election, and only one form of ballot shall be used. The Election shall be held and conducted in accordance with the provisions of law regulating the General Election, including without limitation, California Elections Code Section 10418.
SECTION 5. The Board of Supervisors of the County of Orange is requested to issue instructions to the County of Orange Registrar of Voters to take any and all steps necessary for the holding of the consolidated Election.
SECTION 6. The City recognizes that additional costs will be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County of Orange for any costs upon presentation of a properly submitted bill.
SECTION 7. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and the County of Orange Registrar of Voters.
SECTION 8. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED this XX day of XX 2026.
_____________________________________
ANNIE MCCARY, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 7.13 – Attachment B
R 26-XX 3 XX-XX-2026
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. 26-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
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ITEM 7.13 – Attachment C
R 26-XX 1 XX-XX-2026
CITY OF LAGUNA WOODS
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026,
INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF THE CHARGE THAT WOULD
BE LEVIED AGAINST CANDIDATES FOR A CANDIDATE STATEMENT TO BE
INCLUDED IN VOTER INFORMATION GUIDES
WHEREAS, the City Council has called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of electing two (2) members of the City Council for the full term of four (4) years; and
WHEREAS, California Elections Code Section 13307 provides for the City Council to adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statements.
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. This resolution shall apply only to the General Municipal Election to be held on Tuesday, November 3, 2026.
SECTION 3. General Provisions. Pursuant to California Elections Code Section 13307, each candidate for elective office to be voted for at the General Municipal Election to be held on Tuesday, November 3, 2026, may prepare a candidate statement on an appropriate form provided by the City Clerk. The candidate statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself/herself/themselves. The candidate statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition to these restrictions, pursuant to California Elections Code Section 13308, the candidate statement shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The City Clerk shall not cause to be printed or circulated any statement that he/she/they determines is not so limited or that includes any reference prohibited by this section. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the ITEM 7.13 – Attachment C
R 26-XX 2 XX-XX-2026
close of the nomination period. These general provisions shall also apply to candidate statements that will not be printed in the voter information guide, but will be posted on the County of Orange Registrar of Voters’ website.
SECTION 4. Foreign Language Policy.
a) Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by law and identified by the California Secretary of State as applicable to Orange County, pursuant to California Elections Code Section 14201, as may be amended.
b) The County of Orange Registrar of Voters will print and mail voter information guides, which include candidate statements filed by candidates who paid for such publication, translated into particular languages to only those voters who are on the County of Orange voter file as having requested a voter information guide in a particular language.
c) The County of Orange Registrar of Voters will make voter information guides and candidate statements in the required languages available at all polling places, on the County of Orange’s website, and as required by law.
d) The City Clerk shall make sample ballots and candidate statements in the required languages available upon request in the Office of the City Clerk.
SECTION 5. Payment. The City Clerk shall require each candidate filing a candidate statement to pay $370.00 to the City at the time of filing as a condition of his/her/their candidate statement being included in voter information guides. The candidate shall not be required to pay any additional costs.
SECTION 6. Miscellaneous.
a) All translations of candidate statements shall be provided by translators as provided in California Elections Code Section 13307.
b) The City Clerk shall require candidate statements to be formatted in a manner that is consistent with the standardized formatting guidelines utilized by the County of Orange Registrar of Voters.
c) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 7. Additional Materials. No candidate shall be permitted to include additional materials in voter information guides.
ITEM 7.13 – Attachment C
R 26-XX 3 XX-XX-2026
SECTION 8. The City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nominating petitions are issued.
SECTION 9. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED this XX day of XX 2026.
_____________________________________
ANNIE MCCARY, 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. 26-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
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ITEM 7.13 – Attachment D
R 26-XX 1 XX-XX-2026
CITY OF LAGUNA WOODS
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, PROVIDING FOR TIE VOTES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 TO BE RESOLVED BY LOT, IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 15651 WHEREAS, the City Council has called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of electing two (2) members of the City Council for the full term of four (4) years; and
WHEREAS, California Elections Code Section 15651 allows a tie vote for any one or more offices of the City Council to be resolved by lot.
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. This resolution shall apply only to the General Municipal Election to be held on Tuesday, November 3, 2026.
SECTION 3. In the event of a tie vote (if any two or more candidates receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the City Council shall set a date, time, and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot, in accordance with California Elections Code Section 15651.
SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED this XX day of XX 2026.
_____________________________________
ANNIE MCCARY, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 7.13 – Attachment D
R 26-XX 2 XX-XX-2026
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. 26-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
7.14 CITY MANAGER PROFESSIONAL
DEVELOPMENT EXPENDITURES
For additional information on this item,
please refer to Item 7.0 (Consent Calendar Summary).
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ITEM 7.14
CC 05-20-2026 Item 7.14 – Page 1 of 1
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Macon, City Manager
FOR: May 20, 2026 City Council Meeting
SUBJECT: City Manager Professional Development Expenditures Recommendation
Authorize expenditures from the existing General Fund budget for the City Manager’s membership in the International City/County Management Association (ICMA) and registration to participate in ICMA’s Annual Conference, October 17-21, 2026, in Long Beach, California, in an amount not to exceed $2,115.
For Additional Information
Please refer to Item 7.0 (Consent Calendar Summary).
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8.1 CONDITIONAL USE PERMIT CUP-2025-0007, A
REQUEST BY ANDREW FOGG, ESQ. WITH
COX, CASTLE & NICHOLSON LLP FOR
APPROVAL OF A CONDITIONAL USE PERMIT
TO AMEND PLANNING APPLICATION PA99-
0027 TO ALLOW FOR THE MODIFICATION OF
PAVEMENT STRIPING, MARKINGS, AND
LEGENDS, AS WELL AS THE INSTALLATION OF
RELATED SIGNAGE, WITHIN AN EXISTING
PARKING LOT AND PARKING STRUCTURE TO
INCREASE THE NUMBER OF ACCESSIBLE AND
ALTERNATIVE VEHICLE PARKING STALLS,
RESULTING IN A NET INCREASE OF ONE
PARKING STALL, AT 24361 EL TORO ROAD,
LAGUNA WOODS, CA 92637
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ITEM 8.1
CC 05-20-2026 Item 8.1 – Page 1 of 5
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Macon, City Manager
FOR: May 20, 2026 City Council Meeting
SUBJECT: Conditional Use Permit CUP-2025-0007, a request by Andrew Fogg, Esq. with Cox, Castle & Nicholson LLP for approval of a conditional use permit to amend Planning Application PA99-0027 to allow for the modification of pavement striping, markings, and legends, as well as the installation of related signage, within an existing parking lot and parking structure to increase the number of accessible and alternative vehicle parking stalls, resulting in a net increase of one parking stall, at 24361 El Toro Road, Laguna Woods, CA 92637
Recommendation
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, ITEM 8.1
Item 8.1 – Page 2 of 5 CC 05-20-2026
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP-2025-0007 TO AMEND PLANNING APPLICATION PA99-0027 TO ALLOW FOR THE MODIFICATION OF
PAVEMENT STRIPING, MARKINGS, AND LEGENDS, AS WELL AS THE
INSTALLATION OF RELATED SIGNAGE, WITHIN AN EXISTING PARKING LOT AND
PARKING STRUCTURE TO INCREASE THE NUMBER OF ACCESSIBLE AND
ALTERNATIVE VEHICLE PARKING STALLS, RESULTING IN A NET INCREASE OF ONE PARKING STALL, AT 24361 EL TORO ROAD, LAGUNA WOODS, CA 92637, AND
DETERMINING AND CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Background
Andrew Fogg, Esq. with Cox, Castle & Nicholson LLP (“Applicant”) has submitted a land use application seeking approval of Conditional Use Permit CUP-2025-0007, which would amend Planning Application PA99-0027 to allow for the modification of pavement striping, markings, and legends, as well as the installation of related signage, within an existing parking lot and parking structure to increase the number of accessible and alternative vehicle parking stalls, resulting in a net increase of one parking stall, at 24361 El Toro Road, Laguna Woods, CA 92637.
The project location is located generally northeast of the intersection of El Toro Road and Calle Sonora and includes a two-story professional office building with a ground-level parking structure that is sometimes referred to as the “Garden Building” or “Garden Office Building.” The project, if approved, would result in modifications to only the ground-level parking structure and the existing surface parking lot at the project location.
The Orange County Assessor’s Parcel Number for the project location is 616-012-21 and the property owner is Juniper Town Centre PB, LLC, a Delaware limited liability company.
A vicinity map is included as Attachment B.
Table 1: Surrounding Land Uses
General
Location
General Plan
Land Use Designation
Land Use
North Residential Community /
Open Space /
Commercial
Calle Sonora (private road) /
Laguna Woods Village landscaped area
adjacent to Gate 7 and Calle Sonora /
Laguna Woods Village Community Center
surface parking lot
South Residential Community /
Commercial
Calle Sonora (private road) /
Portions of Town Centre and the Home
Depot Center across El Toro Road
East Commercial Portions of Town Centre including, but not ITEM 8.1
CC 05-20-2026 Item 8.1 – Page 3 of 5
limited to, the Laguna Woods Village
Community Center
West Residential Community /
Open Space
Calle Sonora (private road) /
Laguna Woods Village landscaped area
adjacent to Gate 7 and Calle Sonora
The project location is within the Professional and Administrative Office (PA) zoning district.
Professional and Administrative Office designates areas to “provide for the development and preservation of an optimal environment for low to moderate intensity professional and administrative office uses and related uses on sites with large pervious open spaces and offstreet parking facilities” (Laguna Woods Municipal Code Section 13.10.010).
Prior to the City’s incorporation, the County of Orange approved Planning Application PA99- 0027 to allow for the development of the project location. As part of that approval, a total of 170 parking stalls were required across the parking lot and parking structure.
Discussion
The City Council is asked to conduct a public hearing on the application for Conditional Use Permit CUP-2025-0007 and, thereafter, consider approval of the same (Attachment A). Staff recommends approval, subject to the proposed conditions of approval (Exhibit A to Attachment A). The proposed conditions of approval would regulate the project in a manner consistent with the Laguna Woods Zoning Code.
At some point subsequent to the County of Orange’s approval of Planning Application PA99- 0027 and without City approval, the parking structure was modified to convert two standard parking stalls to one accessible parking stall and an access aisle, resulting in a reduction of one required parking stall and deviation from the approved parking plan.
The proposed conditional use permit would resolve inconsistency between the parking required by Planning Application PA99-0027, the parking that currently exists, and the parking required by applicable codes, to ensure adequate parking is provided for the existing uses. “Adequate parking” includes ensuring that parking demands generated by all allowed uses at the project location are accommodated on-site at the project location.
The proposed conditional use permit includes modifications of pavement striping, markings, and legends, as well as the installation of related signage, to do the following:
• Parking Lot – Convert three standard parking stalls into four alternative vehicle parking stalls and one “no parking” aisle
• Parking Structure – Convert two standard parking stalls into two accessible parking stalls and one access aisle
The proposed modifications would result in a net increase of one parking stall.
ITEM 8.1
Item 8.1 – Page 4 of 5 CC 05-20-2026
The proposed conditional use permit would apply to the existing parking lot and parking structure based on existing uses within the building served by the same, as well as eligible successors, at the project location.
Fiscal Impact
The City’s expenses associated with processing this project are recovered through planning services fees.
Environmental Review
The City Council is asked to find that the project 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.
The City Council is also asked to find that, even if the project were subject to CEQA, it would be categorically exempt pursuant to Section 15301 of Title 14 of the California Code of Regulations, in that it consists of the operation or permitting of existing private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 of Title 14 of the California Code of Regulations states explicitly that the “key consideration [in determining whether such an exemption applies to a project] is whether the project involves negligible or no expansion of use.”
Prior to the City’s incorporation, the County of Orange approved Planning Application PA99- 0027 to allow for the development of the project location. As part of that approval, a total of 170 parking stalls were required across the parking lot and parking structure. At some point subsequent to the County of Orange’s approval of Planning Application PA99-0027 and without City approval, the parking structure was modified to convert two standard parking stalls to one accessible parking stall and an access aisle, resulting in a reduction of one required parking stall and deviation from the approved parking plan. The proposed conditional use permit would allow for modifications of pavement striping, markings, and legends, as well as the installation of related signage, to resolve inconsistency between the parking required by Planning Application PA99-0027, the parking that currently exists, and the parking required by applicable codes.
No change in the uses currently approved for the project location are included in the project.
Physical alterations included in the project are limited to exterior site improvements, including the installation of parking signage and minor modifications to pavement striping, ITEM 8.1
CC 05-20-2026 Item 8.1 – Page 5 of 5
markings, and legends. Topographical features, impervious area, and the size of the existing building on the project site would remain unchanged.
Documents Available for Review
Related documents – including the applicant’s application and Planning Application PA99- 0027 – are available for public review at City Hall during normal working hours.
Report Prepared With: Nadia Cook, Planning & Environmental Services Director Justin Faylona, Senior Planner
Attachments: A – Proposed Resolution
Exhibit A – Proposed Conditions of Approval
B – Vicinity Map
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ITEM 8.1 – Attachment A
R 26-XX 1 XX-XX-2026
CITY OF LAGUNA WOODS
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP-2025-0007 TO AMEND PLANNING APPLICATION PA99-0027 TO ALLOW FOR THE MODIFICATION OF
PAVEMENT STRIPING, MARKINGS, AND LEGENDS, AS WELL AS THE INSTALLATION
OF RELATED SIGNAGE, WITHIN AN EXISTING PARKING LOT AND PARKING
STRUCTURE TO INCREASE THE NUMBER OF ACCESSIBLE AND ALTERNATIVE
VEHICLE PARKING STALLS, RESULTING IN A NET INCREASE OF ONE PARKING STALL, AT 24361 EL TORO ROAD, LAGUNA WOODS, CA 92637, AND DETERMINING
AND CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, Andrew Fogg, Esq. with Cox, Castle & Nicholson LLP (“Applicant”) submitted an application for Conditional Use Permit CUP-2025-0007 to amend Planning Application PA99-0027 to allow for the modification of pavement striping, markings, and legends, as well as the installation of related signage, within an existing parking lot and parking structure to increase the number of accessible and alternative vehicle parking stalls, resulting in a net increase of one parking stall, at 24361 El Toro Road, Laguna Woods, CA 92637 (“project” or “proposed project”); and
WHEREAS, the proposed project will resolve inconsistency between the parking required by Planning Application PA99-0027, the parking that currently exists, and the parking required by applicable codes, to ensure adequate parking is provided for the existing uses. In this context, “adequate parking” includes ensuring that parking demands generated by the proposed project and all other allowed uses at the project location are accommodated on-site at the project location; and
WHEREAS, on May 20, 2026, the City Council of the City of Laguna Woods, after giving notice thereof as required by law, held a public hearing regarding Conditional Use Permit CUP-2025-0007; and
WHEREAS, the City Council has carefully considered all pertinent testimony, as well as all information contained in the agenda report prepared for Conditional Use Permit CUP-2025-0007, as presented at the public hearing; and
WHEREAS, staff has reviewed the environmental form submitted by the Applicant in accordance with the City’s procedures. Based upon the information received and staff’s assessment of the information, Conditional Use Permit CUP-2025-0007 has been determined to not be subject to the California Environmental Quality Act (“CEQA”); however, even if the project were subject to CEQA, it would be categorically exempt pursuant to Section 15301 of CEQA; and
ITEM 8.1 – Attachment A
R 26-XX 2 XX-XX-2026
WHEREAS, all legal prerequisites have occurred prior to the adoption of this resolution; and
WHEREAS, the City Council makes the following findings subject to the conditions of approval:
Findings for All Discretionary Permits
1. The use or project proposed is consistent with the General Plan.
The proposed project is consistent with the Commercial land use designation of the General Plan, which is intended to allow for “a broad range of non-residential and non-industrial uses.” The project location includes an existing building primarily used for professional offices, which are explicitly identified in the General Plan as typical commercial uses. The proposed project does not include any change in the uses currently approved for the project location. The proposed project is either in conformance with the General Plan’s maximum floor area ratio of 0.30 for the Commercial land use designation or was constructed prior to the effective date of such maximum floor area ratio. The proposed project does not include any change in the size of the existing building at the project location. Policy Objective M-8.1 of the General Plan Mobility Element is to “establish and apply standards for development projects to provide adequate parking facilities for the proposed land uses based on location and expected trip generation.” The proposed project will resolve inconsistency between the parking required by Planning Application PA99- 0027, the parking that currently exists, and the parking required by applicable codes, to ensure adequate parking is provided for the existing uses.
2. The use, activity or improvement(s) proposed is consistent with the provisions of the Zoning Code.
The improvements included in the proposed project are consistent with the purpose and intent of the Professional and Administrative Office (PA) zoning district, which is to “provide for the development and preservation of an optimal environment for low to moderate intensity professional and administrative office uses and related uses on sites with large pervious open spaces and off-street parking facilities.” The proposed project is parking-related with all improvements occurring within existing off-street parking facilities serving existing low to moderate intensity professional and administrative office uses. The proposed project does not include any change in the uses currently approved for the project location. Several of the conditions of approval for the proposed project address public health, safety, and general welfare (see Finding #5 below), which further promotes consistency with the provisions of the Laguna Woods Zoning Code.
3. The approval of the permit application is in compliance with the requirements of ITEM 8.1 – Attachment A
R 26-XX 3 XX-XX-2026
the California Environmental Quality Act.
Based on the information received from the Applicant and City staff’s assessment of the same, the proposed project has been determined to not be subject to the California Environmental Quality Act (“CEQA”); however, even if the proposed project were subject to CEQA, it would be categorically exempt pursuant to Section 15301 of CEQA. Additional information is contained in Section 2 of this resolution and incorporated herein by this reference.
4. The location, size, design and operating characteristics of the proposed use will not create conditions or situations that may be incompatible with other permitted uses in the vicinity.
The proposed project does not include any change in the uses currently approved for the project location. Physical alterations included in the proposed project are limited to exterior site improvements, including the installation of parking signage and minor modifications to pavement striping, markings, and legends.
Topographical features, impervious area, and the size of the existing building at the project location will remain unchanged. All proposed improvements will occur within existing off-street parking facilities. Both the building and off-street parking facilities have existed for many years. There is no history of incompatibility with the other permitted uses in the vicinity. No incompatibilities with other permitted uses in the vicinity were identified as a result of the review of the Applicant’s application for this conditional use permit. The proposed project will resolve inconsistency between the parking required by Planning Application PA99-0027, the parking that currently exists, and the parking required by applicable codes, to ensure adequate parking is provided for the existing uses. By doing so, the proposed project will ensure that parking demands generated by the proposed project and all other allowed uses at the project location are accommodated on-site at the project location, rather than impacting other permitted uses in the vicinity.
5. The approval of the permit application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
The conditions of approval for the proposed project will regulate it in a manner consistent with the purpose and intent of the Professional and Administrative Office (PA) zoning district as set forth in Laguna Woods Municipal Code Section
13.10.010(c) (“To provide for the development and preservation of an optimal environment for low to moderate intensity professional and administrative office uses and related uses on sites with large pervious open spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas.”). As conditioned, the proposed project will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
ITEM 8.1 – Attachment A
R 26-XX 4 XX-XX-2026
Several of the conditions of approval relate to public health, safety, and general welfare including, but not limited to, reservation of the City’s rights to require additional security or safety measures, if warranted. Such conditions of approval will assist in protecting the public from potential risk or danger. The conditions of approval also explicitly require the proposed project to comply with all applicable, then-current requirements of the Laguna Woods Municipal Code and the California Building Standards Code, as well as federal, state, and local laws, rules, and regulations. The proposed project will resolve inconsistency between the parking required by Planning Application PA99-0027, the parking that currently exists, and the parking required by applicable codes, to ensure adequate parking is provided for the existing uses. By doing so, the proposed project will ensure compliance with the California Building Standards Code and other applicable laws, rules, and regulations, which will promote public safety and welfare.
6. The approval of the permit application is in compliance with all City-required public facilities regulations.
The proposed project has been evaluated against all City-required public facilities regulations through the conditional use permit process and is deemed to be in compliance, subject to the conditions of approval. The proposed project will not require the addition or modification of any public facilities, nor heightened levels of service for any public services operating from public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that the project 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.
After reviewing the entire project record, the City Council also hereby determines and certifies that, even if the project were subject to CEQA, it would be categorically exempt pursuant to Section 15301 of Title 14 of the California Code of Regulations, in that it consists of the operation or permitting of existing private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 of Title 14 of the California Code of Regulations states explicitly ITEM 8.1 – Attachment A
R 26-XX 5 XX-XX-2026
that the “key consideration [in determining whether such an exemption applies to a project] is whether the project involves negligible or no expansion of use.” Prior to the City’s incorporation, the County of Orange approved Planning Application PA99-0027 to allow for the development of the project location. As part of that approval, a total of 170 parking stalls were required across the parking lot and parking structure. At some point subsequent to the County of Orange’s approval of Planning Application PA99- 0027 and without City approval, the parking structure was modified to convert two standard parking stalls to one accessible parking stall and an access aisle, resulting in a reduction of one required parking stall and deviation from the approved parking plan. The project will allow for modifications of pavement striping, markings, and legends, as well as the installation of related signage, to resolve inconsistency between the parking required by Planning Application PA99-0027, the parking that currently exists, and the parking required by applicable codes.
No change in the uses currently approved for the project location are included in the project.
Physical alterations included in the project are limited to exterior site improvements, including the installation of parking signage and minor modifications to pavement striping, markings, and legends. Topographical features, impervious area, and the size of the existing building on the project site will remain unchanged.
SECTION 3. The City Council hereby approves Conditional Use Permit CUP-2025- 0007 (on file with the City Clerk’s Office), subject to the conditions of approval attached to this resolution (Exhibit A), both of which are incorporated herein by this reference.
SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED this XX day of XX 2026.
_____________________________________
ANNIE MCCARY, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.1 – Attachment A
R 26-XX 6 XX-XX-2026
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. 26-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 1 of 7
City of Laguna Woods
Conditions of Approval for Conditional Use Permit CUP-2025-0007 Conditional Use Applicant (Applicant): Andrew Fogg, Esq. with Cox, Castle & Nicholson LLP Conditional Use Address: 24361 El Toro Road, Laguna Woods, CA 92637 Conditional Use Assessor’s Parcel Number: 616-012-21
Property Owner of Assessor’s Parcel Number 616-012-21 (Owner): Juniper Town Centre PB, LLC, a Delaware limited liability company
City Council Approval Date: [INSERT APPROVAL DATE HERE]
STANDARD CONDITIONS OF APPROVAL
1. The Owner and occupant(s) of the property to which this conditional use permit applies shall comply with all of the conditions of approval as part of CONDITIONAL USE PERMIT CUP-2025-0007 (“conditional use permit”). Failure to comply with any one or more of the conditions imposed herein constitute grounds for revocation of said conditional use permit by the City Council.
This conditional use permit allows all of the following:
• Modification of pavement striping, markings, and legends, as well as the installation of related signage, within an existing parking lot and parking structure to increase the number of accessible and alternative vehicle parking stalls, resulting in a net increase of one parking stall This conditional use permit amends Planning Application PA99-0027, which was approved on June 23, 1999, only to the extent necessary to reflect the approved parking configuration. The conditions of approval for Planning Application PA99-0027 continue to apply and are incorporated herein by this reference. The conditions of approval for Planning Application PA99-0027 are supplemented by these additional conditions of approval for Conditional Use Permit CUP-2025-0007.
2. This conditional use permit shall be constructed, developed, used, operated, and permanently maintained in accordance with the terms of the application, plans, drawings, and conditions imposed herein.
3. The Owner and occupant(s) of the property to which this conditional use permit applies shall comply with all then-current requirements of the Laguna Woods Municipal Code and the California Building Standards Code, as well as federal, state, and local laws, rules, and regulations, as they pertain to the improvements and uses sought in this application, and such requirements are made a condition of this approval. These include, but are not limited to, all requirements related to building permits, encroachment permits, grading permits, and sign permits; engineering ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 2 of 7
review, landscaping review, water quality review, and plan review, generally, of proposed construction plans; accessibility, including accessibility required by the federal Americans with Disabilities Act; best management practices and other actions or improvements required by National Pollutant Discharge Elimination System permit(s); and, restrictions on parking, circulation, lighting, and noise.
4. This conditional use permit does not eliminate the need to obtain building permits, encroachment permits, grading permits, or sign permits, nor does it include any action or finding as to compliance or approval of any other applicable federal, state or local ordinance, regulation, rule, or requirement.
5. This conditional use permit does not include any approval for signage, nor does it represent or imply that any signage proposed in connection with this application, or at any time in the future, will or will not be approved by the City.
6. Public Safety Services: In the event of repeated or disproportionately high numbers of calls for law enforcement or other public safety service, or based upon input from the Orange County Sheriff’s Department (or successor law enforcement agency) or surrounding residents or businesses, the City Manager may require, at his/her/their discretion, that the Owner and occupant(s) of the property to which this conditional use permit applies provide at their own cost additional on-site security and/or safety measures, as may be reasonably calculated to address situations or circumstances leading to or causing such increased calls for service, or complaints or comments from surrounding residents or businesses. For the purpose of this condition, “repeated or disproportionately high numbers of calls” shall be determined following the nuisance abatement procedure set forth in Laguna Woods Municipal Code Chapter 1.08, as may change from time to time, with the City Council’s declaration of a public nuisance required. Use of this remedy shall be at the sole discretion of the City and nothing in this condition shall prevent the City from initiating civil, criminal, or other legal or equitable proceedings as an alternative to the procedure outlined herein.
7. Inspection: City staff, or their authorized representatives, shall have the right to access and enter the property to which this conditional use permit applies to make reasonable Owner- or occupant(s) of the property to which this conditional use permit applies-authorized scheduled inspections, or unscheduled inspections in areas otherwise open to the public, to observe and enforce compliance with the conditions imposed herein. Except for inspections meant to investigate matters that would constitute imminent threats to public health, safety, or welfare, or inspections authorized by a court order, the City shall make reasonable efforts to request inspections of areas that are not open to the public at least seventy-two (72) hours in advance.
8. Responsibility for Costs Incurred: In accordance with policies adopted by the City, ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 3 of 7
the Owner and occupant(s) of the property to which this conditional use permit applies shall be responsible for costs incurred as a result of local law enforcement, public safety, or code enforcement investigation/inspection that results in a finding of violation of any applicable laws and/or conditions imposed herein.
9. Modification of Conditions of Approval: Any request to modify conditions imposed herein shall be made in accordance with policies adopted by the City at the time such request is made.
10. Revocation: This conditional use permit may be revoked in accordance with Laguna Woods Municipal Code Section 13.24.080, as may change from time to time, for any of the reasons set forth therein, which include, but are not necessarily limited to, failure to comply with any condition imposed herein.
11. Transfer: In the event of transfer of the property to which this conditional use permit pertains, the transferee shall, prior to exercising the rights granted hereunder, arrange and attend a conference with the City to review the conditions imposed herein, and document the manner in which activities will occur and the manner in which conditions imposed herein will be met. The transferee may, alternatively, file with the City a signed letter confirming receipt of these conditions, prior to exercising the rights granted hereunder. In either case, the Owner’s obligations with respect to this condition are satisfied by consenting to the recordation of these conditions in the office of the Clerk-Recorder for the County of Orange.
12. Termination: Upon approval, this conditional use permit shall become null and void (A) upon failure to obtain all necessary building permits to construct this project within 365 calendar days of the date this conditional use permit is approved, (B) upon the expiration of any building permit, due to inactivity, obtained to construct this project, or (C) after this project has been constructed, 365 calendar days after such time the approved use at the property to which this conditional use permit applies ceases to be operated as noted by lapse of California Department of Tax & Fee Administration (or successor agency) permit or date documented by City staff following site verification of abandonment or discontinuance. The City Manager may grant an extension of up to 365 calendar days to obtain any necessary building permit upon a showing of financial hardship or other adequate justification by the applicant, and provided the associated building plans comply with the then-current Laguna Woods Municipal Code and California Building Standards Code at the time the building permit(s) is(are) issued. Nothing in this condition is intended to, nor will be interpreted by the City, as limiting the ability for City-issued permits to be extended as allowed by applicable law.
13. Indemnification: The Owner and occupant(s) of the property to which this conditional use permit applies, and successor(s) in interest, shall as a condition of issuance of this approval, at its sole expense, defend, indemnify, and hold harmless ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 4 of 7
the City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (“INDEMNITEES”) from any claim, action, or proceeding against the INDEMNITEES to attach, set aside, void or annul an approval of the City Council or other decision-making body, or staff action concerning this conditional use approval, or its implementation, except when occurring solely as a result of the negligent or willful acts or omissions of the INDEMNITEES. The Owner and occupant(s) of the property to which this conditional use permit applies shall pay all of the City’s defense costs incurred by counsel of the City’s choosing, and shall reimburse the City for any and all court costs and other parties’ attorney fees that the City may be required by a court to pay as a result of such defense. The Owner and occupant(s) of the property to which this conditional use permit applies may at their sole discretion participate in the defense of any such action under this condition, with its own counsel.
14. Requirement to Acknowledge Conditions of Approval: The Owner shall sign and have notarized (acknowledgement) the “Owner Acknowledgement of Conditions of Approval for Conditional Use Permit CUP-2025-0007” and return one wet-signed original to the City Manager with a copy of a recordable legal description of all affected properties in form acceptable to the City Manager.
SPECIAL CONDITIONS OF APPROVAL
15. Exhibit A (Sheet A-001) is attached hereto and incorporated by reference including, without exception, all of the requirements set forth therein as notes, standards, and details. Full compliance with Exhibit A is required.
16. This conditional use permit shall be limited to the modification of pavement striping, markings, and legends, as well as the installation of related signage, within the existing parking lot and parking structure at the project location. No expansion or intensification of use is authorized.
17. The project location shall maintain 170 off-street parking stalls, consisting of the following, within the existing parking lot and parking structure at the project location, as shown on Exhibit A (Sheet A-001):
• 160 standard parking stalls;
• Four alternative vehicle parking stalls;
• Four standard accessible parking stalls; and
• Two van-accessible parking stalls.
18. No off-street parking stall shall be striped, marked, or signed as “reserved” or designated for exclusive use. This Condition of Approval #18 is not intended to prohibit striping, markings, legends, or signage required by the California Building Standards Code or other applicable federal, state, or local laws or regulations.
ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 5 of 7
19. All off-street parking stalls, access aisles, and “no parking” areas shall be maintained clear and unobstructed in the dimensions shown on Exhibit A (Sheet A-001). This Condition of Approval #19 is not intended to prohibit the use of off-street parking stalls and access aisles for the lawful vehicular circulation and parking purposes for which they are intended.
20. All signage and painted pavement and curb striping, markings, and legends shown on or required by Exhibit A shall be maintained in good working order, free from visible damage or defects, and free from fading, peeling, chipping, or other deterioration.
Signage, striping, markings, and legends shall be replaced or repainted by the Owner or his/her/their designee within 10 weekdays (Monday through Friday) of notification by City staff to the Owner as to City staff’s determination that any of the same are not in good working order or show signs of damage, defect, fading or other deterioration.
To ensure timely compliance with this condition, the City strongly advises the Owner to maintain, or caused to be maintained, a stockpile of replacement signs and paint of the required type and color (and/or “standby” contract agreements with third party contractors to provide the same within the timeframes required) so as to effectuate rapid replacement or repainting.
21. All exterior improvements, as shown in Exhibit A (Sheet A-001) and contemplated herein, shall be completed within 60 calendar days of approval of Conditional Use Permit CUP-2025-0007 (no later than 11:59 p.m. on July 19, 2026). [EXHIBIT A FOLLOWS]
ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 6 of 7
EXHIBIT A – PAGE 1 OF 1
Note: A larger version of this exhibit is available at or from City’s City Clerk’s Office.
ITEM 8.1 – Exhibit A to Attachment A
CUP-2025-0007 Conditions of Approval | Page 7 of 7
OWNER ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT CUP-2025-0007 (“ACKNOWLEDGEMENT”)
1. ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL. The person or persons executing this ACKNOWLEDGEMENT on behalf of the Owner has reviewed all Conditions of Approval for ConditionalUse Permit CUP-2025-0007 and has had the opportunity to consult with legal counsel regarding them as the Owner has deemed appropriate.
2. PURPOSE. The purpose of this ACKNOWLEDGEMENT is to ensure the Owner is aware of the Conditions of Approval for Conditional Use Permit CUP-2025-0007, which “run with the land.” References to “Owner” in the Conditions of Approval for Conditional Use Permit CUP-2025-0007 are not intended to, and will not be interpreted by the City as, conferring any additional legal responsibility or liability upon the Owner beyond that which otherwise exists in applicable law, or otherwise changing the Owner’s existing legal obligations.
3. RECORDATION. The person or persons executing this ACKNOWLEDGEMENT on behalf of the Owner consents to the recordation of the Conditions of Approval for Conditional Use Permit CUP-2025-0007, including this ACKNOWLEDGEMENT, in the office of the Clerk-Recorder for the County of Orange.
4. AUTHORITY TO EXECUTE. The person or persons executing this ACKNOWLEDGEMENT on behalf of the Owner represents and warrants that he/she/they has/have the authority to so execute this ACKNOWLEDGEMENT and to bind the Owner to its obligations hereunder.
5. SEVERABILITY. If any term, condition or covenant of this ACKNOWLEDGEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this ACKNOWLEDGEMENT shall not be affected thereby and the ACKNOWLEDGEMENT shall be read and construed without the invalid, void or unenforceable provision(s).
Property Owner – Juniper Town Centre PB, LLC, a Delaware limited liability company Signature: Date:
Full Name: Title:
SIGNATURE MUST BE NOTARIZED; ATTACH ACKNOWLEDGEMENT.
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Vicinity Map for Conditional Use Permit CUP-2025-0007 0 100 200 Feet
Source: Nearmap, City of Laguna Woods
Moulton Pkwy
El Toro Rd
Via Buena
Vis
t
a
Bluebird Ln
Cardinal Ave
Calle Sonora
Calle Sonora
Town
Centre
Legend
Laguna Woods Boundary
24361 El Toro Road, APN 616-012-21
Parcels
ITEM 8.1 - Attachment B
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8.2 ACCESSORY DWELLING UNITS ORDINANCE
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ITEM 8.2
CC 05-20-2026 Item 8.2 – Page 1 of 4
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Macon, City Manager
FOR: May 20, 2026 City Council Meeting
SUBJECT: Accessory Dwelling Units Ordinance
Recommendation
1. Receive staff report.
AND
2. Open public hearing.
AND
3. Receive public testimony.
AND
4. Close public hearing.
AND
5. Approve the introduction and first reading of an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING SECTIONS 13.06.010 AND 13.26.230 OF THE LAGUNA
WOODS MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS; AND DETERMINING AND CERTIFYING THAT
THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ITEM 8.2
Item 8.2 – Page 2 of 4 CC 05-20-2026
Background
The General Plan Housing Element includes the following program:
“Program H-1.4.1. Continue to maintain an ordinance that conforms to the provisions of California Government Code Section 65852.2 related to accessory dwelling units and junior accessory dwelling units, including amending the ordinance as necessary.” State law defines an “accessory dwelling unit” as an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, as amended from time to time or replaced with a successor statute. b. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, as amended from time to time or replaced with a successor statute.
State law defines a “junior accessory dwelling unit” as a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence.
A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
The existing accessory and junior accessory dwelling units ordinance was adopted by the City Council on August 19, 2020 (Ordinance No. 20-01).
On December 5, 2025, the City received a letter from the California Department of Housing and Community Development (“HCD”) advising that due to “the numerous changes to State ADU Law since the adoption of [Ordinance No. 20-01], [Ordinance No. 20-01] may be outdated and out of compliance with State ADU Law” (Attachment B). Staff subsequently began working internally, and with HCD staff, to identify and draft necessary amendments.
Discussion
Today’s meeting is an opportunity for City Council action and public input on an ordinance that would amend Sections 13.06.010 and 13.26.230 of the Laguna Woods Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units (Attachment A).
Staff recommends that the City Council conduct a public hearing and initiate the adoption process for the proposed ordinance to ensure that regulations are clear and consistent with state law, and clarify and enhance ease of use and application of Section 13.26.230 of the Laguna Woods Municipal Code, both for internal parties and the public.
ITEM 8.2
CC 05-20-2026 Item 8.2 – Page 3 of 4
Information on relevant state laws, including changes to state laws over time, is summarized in the California Department of Housing and Community Development’s Accessory Dwelling Unit Handbook (https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/aduhandbook-update.pdf).
Irrespective of whether the City Council adopts the proposed ordinance, state law requires the City to permit the development of accessory dwelling units and junior accessory dwelling units that comply with applicable provisions of state law.
The proposed ordinance does NOT:
• Require the development of accessory dwelling units or junior accessory dwelling units. State law requires the City to permit the development of accessory dwelling units and junior accessory dwelling units, but the ultimate decision to pursue such development remains the purview of private property owners.
OR
• Interfere with or prohibit private property owners or homeowners’ associations’ ability to regulate or prohibit accessory dwelling units or junior accessory dwelling units on lots for which they have lawful control to do so. State law requires homeowners’ associations to comply with California Civil Code Section 4751 and California Government Code sections 65852.2 and 65852.22 as they apply to accessory dwelling units on lots zoned for single-family residential.
If the recommended action is taken at today’s meeting, staff anticipates scheduling the second reading and consideration of adoption of the proposed ordinance for the City Council’s next regular meeting on June 17, 2026. If adopted on June 17, 2026, the ordinance would take effect 30 days thereafter.
Fiscal Impact
Sufficient funds to support this project are included in the City’s budget.
Environmental Review
The City Council is asked to find that the proposed ordinance is statutorily exempt from 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 Section 15282(h) (the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code).
ITEM 8.2
Item 8.2 – Page 4 of 4 CC 05-20-2026
The City Council is also asked to find that even if the proposed ordinance were not statutorily exempt from CEQA, it would not be subject to 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.
Documents Available for Review
Related documents – including the proposed ordinance and the Laguna Woods Municipal Code – are available for public review at or from City Hall during normal working hours. The Laguna Woods Municipal Code is also available for review at www.cityoflagunawoods.org.
Report Prepared With: Nadia Cook, Planning & Environmental Services Director Attachments: A – Proposed Ordinance
Exhibit A – Proposed Code Amendments – Section 13.06.010 Exhibit B – Proposed Code Amendments – Section 13.26.230 B – HCD Letter dated December 5, 2025
ITEM 8.2 – Attachment A
O 26-XX 1 XX-XX-2026
CITY OF LAGUNA WOODS
ORDINANCE NO. 26-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING SECTIONS 13.06.010 AND 13.26.230 OF THE LAGUNA
WOODS MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS; AND DETERMINING AND CERTIFYING THAT
THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, staff has recommended amending sections 13.06.010 and 13.26.230 of the Laguna Woods Municipal Code (“Code Amendments”) pertaining to accessory dwelling units and junior accessory dwelling units to ensure that regulations are clear and consistent with state law, and clarify and enhance ease of use and application of Section
13.26.230 of the Laguna Woods Municipal Code, both for internal parties and the public; and
WHEREAS, at the regular meeting on May 20, 2026, the City Council held a duly noticed public hearing on this Ordinance at which it considered all of the information, evidence, and testimony presented, both written and oral; and WHEREAS, at the regular meeting on June 17, 2026, the City Council considered this Ordinance for a second time in open session and also considered all of the information, evidence, and testimony presented, both written and oral.
THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that the Ordinance is statutorily exempt from 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 Section 15282(h) (the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code).
After reviewing the entire project record, the City Council hereby finds that, even if the Ordinance were not statutorily exempt from CEQA, it would not be subject to 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 ITEM 8.2 – Attachment A
O 26-XX 2 XX-XX-2026
“[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 hereby finds 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 13.06.010 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. Section 13.26.230 of the Laguna Woods Municipal Code is hereby amended to read as set forth in Exhibit B, attached to this Ordinance and incorporated herein by this reference.
SECTION 5. This Ordinance shall take effect and be in full force and operation 30 calendar days after adoption.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 7. The Mayor shall sign this Ordinance.
SECTION 8. 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 9. 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 2026.
_____________________________________
ANNIE MCCARY, Mayor
ITEM 8.2 – Attachment A
O 26-XX 3 XX-XX-2026
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________________
ALISHA PATTERSON, City Attorney
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. 26-XX was duly introduced and placed upon its first reading at a regular meeting of the City Council on the XX day of XX 2026, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the XX day of XX 2026 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
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ITEM 8.2 – Exhibit A to Attachment A
EXHIBIT A
CODE AMENDMENTS – SECTION 13.06.010
Created: 2026-03-24 10:38:58 [EST]
(Supp. No. 38)