Lake Forest City Council
February 15, 2022

February 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 1

AGENDA

LAKE FOREST CITY COUNCIL

Regular Meeting of the City Council
Tuesday, February 15, 2022

Public Session 6:30 p.m.

City Council Chambers, 100 Civic Center Drive, Lake Forest, California

NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required. The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.

AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/129/Agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.

AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.

AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. To ensure that the City Council receives your comments, you may submit written comments or voicemail messages to the City Clerk prior to the meeting. The City provides the Facebook Live stream as an additional service to the public. However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.

SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:

ASSEMBLY BILL 361: This meeting will occur in accordance with Government Code section 54953(e) et seq. (“AB 361”) wherein the City of Lake Forest City Council may continue to participate in meetings via teleconference.

PUBLIC PARTICIPATION: In addition to attending in person, pursuant to AB 361 members of the public may access the meeting live on our website at https://www.lakeforestca.gov/129/Agendas.

PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.

PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting or remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.

February 15, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 2

CALL TO ORDER: 6:30 p.m.

Council Members: Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño

City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund

PUBLIC SESSION: 6:30 p.m.

PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed "Request to Speak" form to the City Clerk prior to City Council action.

INVOCATION: The Invocation will be provided by Pastor Kathleen Bratun, The Connection Church.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Voigts.

PRESENTATIONS: (Item Nos. 1 – 2)

1. ORANGE COUNTY SHERIFF’S DEPARTMENT PRESENTATION ON

PUBLIC SAFETY

RECOMMENDED ACTION: Receive and file a presentation from the Orange County Sheriff’s Department regarding Public Safety in Lake Forest.

2. ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

PRESENTATION ON THE STERILIZED INSECT TECHNIQUE

RECOMMENDED ACTION: Receive and file a presentation from the Orange County Mosquito and Vector Control District.

February 15, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 3

PUBLIC COMMENTS:

Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.

Members of the public may also provide comments in- person at the meeting or remotely. Those wishing to provide comments in - person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584 - 2401 and enter meeting number 5038350# followed by Passcode 10 04#.

CONSENT CALENDAR: (Item Nos. 3 – 14)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.

3. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES

RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 18, 2022

RECOMMENDED ACTION: Approve as submitted.

5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 1, 2022

RECOMMENDED ACTION: Approve as submitted.

6. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 1, 2022

RECOMMENDED ACTION: Approve as submitted.

7. NOTICE OF COMPLETION FOR NEIGHBORHOOD PARK
RENOVATIONS: DARRIN PARK, MONTBURY PARK, AND PEBBLE
CREEK PARK (PW 2017-17B)

RECOMMENDED ACTION: 1. Find that Horizons Construction Company International, Inc. has completed construction of the Neighborhood Park Renovations: Darrin Park, Montbury Park, and Pebble Creek Park (PW 2017-17B).

February 15, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 4

2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.

3. Authorize City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of the City Council approval, as required by Section 9204 of the California Civil Code.

4. Authorize staff to release any unencumbered retention in accordance with California law.

8. NOTICE OF COMPLETION FOR ARBOR MINI PARKS (PW2019-17)

RECOMMENDED ACTION: 1. Find that Elegant Construction, Inc. has completed construction of the Arbor Mini Parks (PW 2019-17).

2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.

3. Authorize City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of the City Council approval, as required by Section 9204 of the California Civil Code.

4. Authorize staff to release any unencumbered retention in accordance with California law.

9. RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO
CALRECYCLE FOR SB 1383 LOCAL ASSISTANCE GRANT PROGRAM

AND RESOLUTION ADJUSTING THE CITY BUDGET

RECOMMENDED ACTION: 1. Adopt a Resolution entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

FOREST, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR THE

DIRECTOR OF FINANCE AS DESIGNEE, TO FILE AND SUBMIT A

GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR ALL

CALRECYCLE GRANTS FOR WHICH THE CITY OF LAKE FOREST IS

ELIGIBLE

February 15, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 5

2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE
BUDGET FOR 2021-2023; AMENDING APPROPRIATIONS FOR THE
FISCAL YEAR 2021-22.

10. RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO

SUBMIT HAZARD MITIGATION GRANT APPLICATION

RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,

CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR HIS/HER

DESIGNEE, TO FILE AND SUBMIT HAZARD MITIGATION GRANT

APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF FORESTRY

AND FIRE PROTECTION (CAL FIRE) FOR THE LOCAL HAZARD

MITIGATION WILDFIRE PREVENTION PROJECT

11. Second Reading of an Ordinance entitled: AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,
ADDING SECTION 11.24.040 TO CHAPTER 11.24 OF DIVISION III OF TITLE 11 OF THE LAKE FOREST MUNICIPAL CODE ESTABLISHING

REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF

CATALYTIC CONVERTERS IN THE CITY

RECOMMENDED ACTION: 1. Conduct Second Reading of Ordinance No. 349 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING SECTION 11.24.040 TO CHAPTER 11.24 OF DIVISION III OF TITLE 11 OF THE LAKE

FOREST MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY.

2. Adopt Ordinance No. 349.

February 15, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 6

12. LEGISLATIVE MATTERS - SUPPORT FOR VETERANS CEMETERY AB 1595 AND RESOLUTION SUPPORTING THE ELIMINATION OF

FENTANYL USE IN LAKE FOREST

RECOMMENDED ACTION: 1. Exercise City Council discretion in supporting California Assembly Bill 1595.

2. Exercise City Council discretion in adopting a Resolution entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA DESCRIBING THE CITY’S COMMITMENT TO
ELIMINATING THE PRESENCE OF FENTANYL IN THE COMMUNITY.

13. CONTRACT AWARD TO RJM DESIGN GROUP FOR CONSTRUCTION

SUPPORT FOR THE NEIGHBORHOOD PARK IMPROVEMENT

PROGRAM

RECOMMENDED ACTION: 1. Approve the Agreement with RJM Design Group, Inc. for construction support services for the Neighborhood Park Improvement Project with a compensation amount of $30,000.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Agreement with RJM Design Group, Inc. substantially in the form attached.

14. AMERICAN RESCUE PLAN ACT GRANT PLAN IMPLEMENTATION
UPDATE

RECOMMENDED ACTION: 1. Receive and file an update related to the City's progress in implementing the American Rescue Plan Act Grant Plan.

2. Affirm the Spending Categories and Budgets Established by the American Rescue Plan Act Grant Plan.

3. Affirm the City’s Intent to Accept the $10 Million Standard Allowance Provided by the American Rescue Plan Act Final Rule.

February 15, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 7

PUBLIC HEARING(S): (Item No. 15)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing. 6. Take appropriate action. Those wishing to address the City Council during the Public Hearing must complete a "Request to Speak" form and provide it to the City Clerk prior to the hearing.

The public hearing for Item 15 is held in accordance with California Elections Code §21607.1, which includes in part, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the City Council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs (Cal. Elec. Code §21607.1(d)).

If live translation, in Spanish, is needed for this public hearing or if a reasonable accommodation in accordance with the American with Disabilities Act is needed, please submit a request at least 72-hour before the public hearing. Requests can be submitted by telephone at (949) 461-3400 or via email at [email protected].

15. REDISTRICTING PUBLIC HEARING NO. 3

RECOMMENDED ACTION: 1. Conduct Public Hearing No. 3 at a time certain of 6:45 p.m.

2. Receive a presentation from Bear Demographics and Research, LLC on the Proposed Draft Map.

3. Select one of the Draft or Public Maps.

4. Direct staff to return to the City Council on March 15, 2022 with an ordinance adopting the new district boundaries.

DISCUSSION/ACTION ITEMS: (Item No. 16)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the "Request to Speak" form and give to the City Clerk.

16. 1ST AIR NAVAL GUNFIRE LIAISON COMPANY, UNITED STATES

MARINE CORPS, CAMP PENDLETON, ADOPTION DISCUSSION

RECOMMENDED ACTION: Exercise City Council discretion regarding the support and/or adoption of the 1st Air Naval Gunfire Liaison Company (“ANGLICO”) of the United States Marine Corps based at Camp Pendleton.

CITY MANAGER'S REPORT:

At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.

February 15, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 8

CITY COUNCIL COMMENTS:

At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).

Council Member Moatazedi:

Council Member Tettemer:

Council Member Voigts:

Mayor Pro Tem Cirbo:

Mayor Pequeño:

ADJOURNMENT:

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas. Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.

The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.

Phone: (949) 461-3400. FAX (949) 461-3511

CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review on February 10, 2022.

Lisa Berglund
City Clerk

CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Manager
SUBJECT:

ORANGE COUNTY SHERIFF’S DEPARTMENT PRESENTATION ON PUBLIC SAFETY
RECOMMENDED ACTION(S):

Receive and file a presentation from the Orange County Sheriff’s Department regarding Public Safety in Lake Forest
EXECUTIVE SUMMARY:

Brittney Oldham, Crime Prevention Specialist of the Orange County Sheriff’s Department, Lake Forest Police Services, will be giving a presentation on public safety. The presentation will focus on crime trends in the City of Lake Forest and how Lake Forest residents can take practical steps to avoid and/or reduce their exposure to crime incidents. Topics will include strategies to prevent burglaries, vehicle and bicycle thefts, scams, and an overview of neighborhood watch programs.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 1
9 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Clerk
SUBJECT:

ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

PRESENTATION ON THE STERILIZED INSECT TECHNIQUE
RECOMMENDED ACTION(S):

Receive and file a presentation from the Orange County Mosquito and Vector Control District.

EXECUTIVE SUMMARY:

Rick Howard, General Manager of the Orange County Mosquito and Vector Control District (District) will be giving a presentation on current mosquito suppression strategies. The District is currently exploring and investigating different sterilization techniques to reduce the population of the invasive Aedes mosquito. Mosquito sterilization is an environmentally-sound method to control insects that can spread diseases, including certain types of mosquitoes.

Identifying and implementing innovative methods to control mosquito populations and limiting their abundance is one of the Districts key priorities.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
10 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Clerk
SUBJECT:

MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):

Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

EXECUTIVE SUMMARY:

California Government Code 36934 allows titles of ordinances and resolutions to be waived.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
11 LAKE FOREST CITY COUNCIL MINUTES JANUARY 18, 2022
Page No. 1

MINUTES OF THE REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, January 18, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m.

ROLL CALL:

Councilmembers:

Mayor Pro Tem
Mayor:

City Manager:

City Attorney:

City Clerk:

Mark Tettemer
Scott Voigts
Neeki Moatazedi (teleconference)
Doug Cirbo
Robert Pequeño

Debra Rose
Matthew Richardson
Lisa Berglund

CLOSED SESSION: (Item No: 1)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: 23742 El TORO ROAD, LAKE FOREST, 92630
APN: 617-064-27
AGENCY DESIGNATED NEGOTIATOR(S): CITY ATTORNEY AND CITY

MANAGER
NEGOTIATING PARTIES: CITY OF LAKE FOREST AND MATT & MICHELLE PANNEK, DBA BRÜ GRILL & MARKET, LLC AND THEIR AUTHORIZED

AGENTS OR REPRESENTATIVES
UNDER NEGTIATION: PRICE AND TERMS OF PAYMENT FOR LEASE

ACTION: Closed session was conducted.

RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.

RECONVENE: City Council reconvened at 6:30 p.m. to continue regular City business.

PUBLIC SESSION:

INVOCATION: The Invocation was provided by Chaplain Jim Davis, Orange County Sheriff’s Department.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pro Tem Cirbo.

CLOSED SESSION REPORT: City Attorney Richardson had no action to report.

Item: 4
12 LAKE FOREST CITY COUNCIL MINUTES JANUARY 18, 2022
Page No. 2

REPORT FROM STUDENT LIAISON: A report was received by Natasha Quinn, student from El Toro High School.

PRESENTATIONS: (Item Nos. 2 - 4)
A motion was made by Council Member Voigts and seconded by Mayor Pro Tem Cirbo to receive the presentations.

2. RECOGNITION OF ALONDRA DIAZ AS CALIFORNIA TEACHER OF THE YEAR

ACTION: Certificate of Recognition was presented.

3. RECOGNITION OF THE EL TORO HIGH SCHOOL GIRLS’ VOLLEYBALL TEAM

ACTION: Certificates of Recognition were presented.

4. RECOGNITON OF THE EL TORO HIGH SCHOOL GIRLS’ CROSS-COUNTRY TEAM

ACTION: Certificates of Recognition were presented.

PUBLIC COMMENTS: Public comments were received by Andrew O’Connor and Walter Nobrega.

CONSENT CALENDAR: (Item Nos. 5 - 10)
MOTION: It was moved by Council Member Voigts and seconded by Mayor Pro Tem Cirbo to approve Consent Calendar Item Nos. 5, 6, 7, and 9 - 10. Council member Tettemer requested to remove Item No. 8 from the consent calendar in order to add the following language to the City’s 2022 legislative platform, “The City supports efforts to allow maximum flexibility with regard to expending grant funds that address economic recovery associated with COVD-19”. The motion was carried by a vote of 5/0.

After the motion and vote on the consent calendar, there was a request from Andrew O’Connor to speak on Item No. 7. City Attorney Richardson clarified that Mr. O’Connor has the right to speak on Item No. 7 since a speaker card was received by the City Clerk. Hence, Mr. O’Connor made his comments.

As a matter of procedure Council Member Voigts made a motion to reconsider Item No.

7. Mayor Pro Tem Cirbo seconded the motion. The motion was carried by a vote of 5/0.

Council Member Voigts made a motion to approve Item No. 7. Mayor Pro Tem Cirbo seconded the motion. The motion was carried by a vote of 5/0.

Item: 4
13 LAKE FOREST CITY COUNCIL MINUTES JANUARY 18, 2022
Page No. 3

5. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
ACTION: Said Ordinances and Resolutions appearing on the public agenda were determined to have been read by title and further reading waived.

6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 4, 2022

ACTION: The minutes of January 4, 2022, were approved as submitted.

7. LEASE AGREEMENT WITH BRÜ GRILL & MARKET

ACTION:

1. The proposed Lease Agreement with Brü Grill & Market was found not subject to the requirements of the California Environmental Quality Act (“CEQA”) because of the commonsense exemption.

2. The proposed Lease Agreement with Brü Grill & Market was approved and authorize the City Manager to execute, and the City Clerk to attest, the document.

8. 2022 LEGTISLATIVE PLATFORM

Council member Tettemer requested to remove this matter from the consent calendar in order to add the following language to the City’s 2022 legislative platform, “The City supports efforts to allow maximum flexibility with regard to expending grant funds that address economic recovery associated with COVD- 19”.

ACTION: The proposed 2022 Legislative Platform was adopted substantially in the form attached along with Council Member Tettemer’s additional language added related to grant funds and COVID-19.

9. LOCAL APPOINTMENT LIST “MADDY ACT”

ACTION: The City of Lake Forest Local Appointment List, was affirmed as submitted.

10. MONTHLY TREASURER’S REPORT – DECEMEBER 2021

ACTION: The monthly treasurer’s report was received and filed.

Item: 4
14 LAKE FOREST CITY COUNCIL MINUTES JANUARY 18, 2022
Page No. 4

DISCUSSION: (Item No. 11 - 12)

11. STRATEGIC PLAN QUARTERLY UPDATE

City Manager Rose introduced this item and referred to Assistant to the City Manager Sean McGovern to summarize the item.

ACTION: The presentation was received and filed.

12. ANNUAL REVIEW OF CITY COUNCIL POLICIES

ACTION: City Manager Rose introduced this item and referred to Assistant to the City Manager Sean McGovern to summarize the policies before the City Council for review and approval. Discussion ensured and questions were asked and answered.

A) RECOGNITIONS – PROCLAMATIONS, CERTIFICATES, RESOLUTIONS

AND/OR CITY PARAPHERNALIA

B) APPONTMENT OF COMMISSIONERS POLICY

C) CENSURE POLICY

D) CONSENSUS FOR PLACING ITEMS ON THE AGENDA

E) ETHICS POLICY
F) MAYOR’S AWARD POLICY
G) MAYOR’S MINUTE VIDEO SEGMENT POLICY

H) ORDER OF THE AGENDA POLICY

I) PUBLIC COMMENT POLICY

J) REQUESTS FOR CITY ATTORNEY USE POLICY

K) TRAVEL AND EXPENSE REIMBURSEMENT POLICY

L) WRITTEN COMMUNICATION POLICY

M) ANNUAL JOINT CITY COUNCIL/COMMISSION WORKSHOP POLICY

N) FINANCIAL MANAGEMENT AND BUDDGETARY POLICY

O) AUDIT COMMITTEE POLICY

2. ADOPT THE REVISED VERSIONS OF THE FOLLOWING CITY COUNCIL POLICIES:

A) RECOGNITIONS-PROCLAMATIONS, CERTIFICATES, RESOLUTIONS

AND/OR CITY PARAPHERNALIA

B) CONSENSUS FOR PLACING ITEMS ON THE AGENDA

C) TRAVEL AND EXSPENSE REIMBURSEMANT POLICY

D) FINANCIAL MANAGEMENT AND BUDGETARY POLICY

E) AUDIT COMMITTEE POLICY

MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve the policies as presented with a stipulation to the Item: 4
15 LAKE FOREST CITY COUNCIL MINUTES JANUARY 18, 2022
Page No. 5

Financial Management and Budgetary policy. As part of the motion, Council Member Tettemer requested that staff include language to the Financial Management and Budgetary policy addressing his concerns with a 10-year agreement for banking services.

Council Member Voigts accepted Council Member Tettemer’s comments as a friendly amendment to the motion on the floor. The motion was carried by a vote of 5/0.

CITY MANAGERS REPORT:

City Manager Rose announced that City facilities remain open during the latest increase in COVID-19 omicron cases.

CITY COUNCIL COMMENTS:

Council Member Moatazedi:

Council Member Moatazedi had no further comments.

Council Member Tettemer:

Council Member Tettemer had no further comments.

Council Member Voigts:

Council Member Voigts had no further comments.

Mayor Pro Tem Cirbo:

Mayor Pro Tem Cirbo announced that today is
National Popcorn Day.

Mayor Pequeño:

Mayor Pequeño thanked the City Manager and staff
for their hard work. He welcomed new employee Noel
Gomez to the city.

ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:48 p.m.

Respectfully submitted: APPROVED:

__
LISA BERGLUND, MPA ROBERT PEQUEÑO

CITY CLERK MAYOR

Item: 4
16 LAKE FOREST CITY COUNCIL MINUTES FEBRUARY 1, 2022
Page No. 1

MINUTES OF THE REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, February 1, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:00 p.m.

ROLL CALL:

Councilmembers:

Mayor Pro Tem
Mayor:

City Manager:

City Attorney:

City Clerk:

Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Doug Cirbo
Robert Pequeño

Debra Rose
Matthew E. Richardson
Lisa Berglund

CLOSED SESSION: (Item No: 1)

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES:1
ACTION: Closed session was conducted.

RECESS: The City Council recessed to Closed Session for the purpose of conducting regular City business.

RECONVENE: City Council will reconvene at 6:30 p.m. to continue regular City business.

PUBLIC SESSION:

INVOCATION: The Invocation was provided by Deacon, Dan Diesel, Santiago de Compostela Catholic Church.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Mayor Pequeño.

CLOSED SESSION REPORT: City Attorney Richardson announced that the City Council unanimously directed the City Attorney to file litigation against an illegal business operating in Lake Forest.

PRESENTATIONS: (Item Nos. 2-3)
A motion was made by Council Member Tettemer and seconded by Council Member Voigts to receive the presentations.

Item: 5
17 LAKE FOREST CITY COUNCIL MINUTES FEBRUARY 1, 2022
Page No. 2

2. NEWLY ADOPTED DISTRICT MAPS FOR THE CONRESSIONAL, STATE

SENATE, STATE ASSEMBLY, AND BOARD OF SUPERVISORS DISTRICTS

REPRESENTING LAKE FOREST

ACTON: A presentation was received from Orange County Board of Supervisors Vice Chairman Donald P. Wagner, Third District Supervisor.

3. SOUTHERN CALIFORNIA GAS COMPANY UPDATE

RECOMMENDED ACTON: A presentation was received by Juan Gonzalez, Public Affairs Manager of SoCalGas.

PUBLIC COMMENTS: Public comments were received by Walter Nobrega and David Antenesse.

CONSENT CALENDAR: (Item Nos. 4 - 9)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Consent Calendar Item Nos. 4-9. The motion was carried by a vote of 5/0 with Council Member Cirbo abstaining from the ACMS warrant and Council Member Moatazedi abstaining from the Southern CA Gas warrant listed in Item No. 4.

STATEMENTS READ INTO THE RECORD:

Pro Tem Cirbo: There is a warrant on the register to All City Management Services. My wife is an employee of ACMS and I have determined that I have a remote interest in this warrant and will abstain from voting on that warrant.

Council Member Tettemer: There is a warrant on the register to the Irvine Water Ranch District. I am an employee of the Irvine Water Ranch District, but do not work for the department that generated the warrant and because I do not work for the department in question, I have determined that I have a non- interest in this warrant and will vote on this warrant.

Council Member Moatazedi: There is a warrant on the register to The Gas Company. I am an employee of the Gas Company and have determined that I have a remote interest in this warrant and will abstain from voting on that warrant.

Council Member Voigts: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but do not work for the department that generated the warrants. Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in these warrants and will vote on this item.

Item: 5
18 LAKE FOREST CITY COUNCIL MINUTES FEBRUARY 1, 2022
Page No. 3

4. CERTIFICATION OF WARRANT REGISTER

ACTON: The warrant register was approved in the amount of $2,929,781.12, as submitted.

5. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES

ACTION: All ordinances and resolutions which appeared on the public agenda were determined to have been read by title and further reading waived.

6. CONTINUING TO HOLD VIRTUAL MEETINS PUSUANT TO AB 361

ACTION: The Council made renewed findings that a state of emergency remains in effect and those state and local officials continue to recommend measures that promote social distancing.

7. AWARD OF AGREEMENT FOR SOLID WASTE CONSULTING SERVICES

ACTION:

1. An a professional services agreement to EcoNomics, Inc., in the amount of $347,440, for Solid Waste Consulting Services was approved.

2. The Mayor was authorized to sign, and the City Clerk to attest, the Agreement with EcoNomics, Inc. substantially in the form that was attached.

8. CONTRACT AWARD FOR ASSET MANAGEMENT PROGRAM

ACTON:

1. A professional consultant services agreement to Kayuga Solution, Inc., in the amount of $447,240, for asset management program and services was approved.

2. The Mayor was authorized to sign, and the City Clerk to attest, the Agreement with Kayuga Solution, Inc., substantially in the form that was attached.

9. CONTRACT AWARD FOR LOW VOLTAGE SYSTEMS SUPPORT AND

MAINTENANCE

ACTION:

1. A professional consultant services Agreement to A&H Communication, Inc, in the amount of $212,700, for support and maintenance of the Civic Center low voltage systems was approved.

Item: 5
19 LAKE FOREST CITY COUNCIL MINUTES FEBRUARY 1, 2022
Page No. 4

2. The Mayor was authorized to sign, and the City Clerk to attest, the agreement with A&H Communications, Inc., substantially in the form that was attached.

DISCUSSION: (Item No. 10)

10. ORDINANCE PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC

CONVERTERS IN THE CITY

City Manager Rose introduced this item and referred to City Attorney Richardson to summarize the ordinance.

MOTION:

Council Member Voigts made a motion to move staff recommendation. Mayor Pequeno seconded the motion. The motion passed unanimously.

STAFF RECOMMENDTION:

1. Find that the proposed actions are exempt from CEQA under State CEQA Guidelines sections 15378(a), (b)(2).

2. Introduce the First Reading of an Ordinance entitled: AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING SECTION 11.24.040 TO CHAPTER 11.24 OF DIVISION III OF TITLE 11 OF THE LAKE FOREST MUNICIPAL CODE ESTABLISHING

REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF

CATALLYTIC CONVERTERS IN THE CITY

CITY MANAGERS REPORT:

City Manager Rose announced that the City held two successful events over the past weekend; Snowfest and a Bulky Item Drop Off event. Both events were an overwhelming success. There will be another Bulky Item Drop off event held on Saturday, April 23, 2022. The American Red Cross will host a blood drive at the Sports Park on Thursday, February 10, 2022.

CITY COUNCIL COMMENTS:

Council Member Tettemer:

Council Member Tettemer thanked staff for their hard
work. He complimented staff on the Snowfest event.

Council Member Moatazedi:

Council Member Moatazedi thanked staff for their hard
work on the Snowfest event. She also reported that
she serves on the Library Advisory Board and is
looking into bringing back reading times for youth and
downloadable material for parents.

Item: 5
20 LAKE FOREST CITY COUNCIL MINUTES FEBRUARY 1, 2022
Page No. 5
Council Member Voigts:

Council Member Voigts attended Snowfest. He
thanked staff for their hard work.

Council Member Voigts received consensus to discuss
a resolution related to the drug Fentanyl that was
recently adopted by the County.

Mayor Pro Tem Cirbo:

Mayor Pro Tem Cirbo attended both Snowfest and the
Bulky Item Drop Off Event. He expressed his
appreciation to staff coordinating the logistics of these events.

Mayor Pequeño:

Mayor Pequeno attended both Snowfest and the Bulky
Item Drop Off Event. He expressed his thanks to those
individuals that volunteered to help.

ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:28 p.m.

Respectfully submitted: APPROVED:

__
LISA BERGLUND, MPA Robert Pequeño

CITY CLERK MAYOR

Item: 5
21 LAKE FOREST CITY COUNCIL SPECIAL WORKSHOP MINUTES FEBRUARY 1, 2022 Page No. 1

MINUTES OF THE SPECIAL MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The Special Meeting of the City Council of the City of Lake Forest held Tuesday, February 1, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:00 p.m.

ROLL CALL:

Councilmembers:

Mayor Pro Tem
Mayor:

City Manager:

City Attorney:

City Clerk:

Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Doug Cirbo
Robert Pequeño

Debra Rose
Matthew E. Richardson
Lisa Berglund

PUBLIC SESSION:

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Mayor Pequeño.

PRESENTATIONS: (Item No. 1)
A motion was made by Council Member Voigts and seconded by Council Member Cirbo to receive the presentation.

1. EMERGENCY MANAGEMENT PRESENTATION RECOMMENDED

ACTON: A presentation was received from Jacob Green and Associates.

PUBLIC COMMENTS: No public comments offered.

ADJOURNMENT: The regular meeting of the City Council was adjourned at 5:58 p.m.

Respectfully submitted: APPROVED:

__
LISA BERGLUND, MPA Robert Pequeño

CITY CLERK MAYOR

Item: 6
22 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: Public Works
SUBJECT:

NOTICE OF COMPLETION FOR NEIGHBORHOOD PARK RENOVATIONS:

DARRIN PARK, MONTBURY PARK, AND PEBBLE CREEK PARK (PW 2017- 17B)
RECOMMENDED ACTION(S):

1. Find that Horizons Construction Company International, Inc. has completed construction of the Neighborhood Park Renovations: Darrin Park, Montbury Park, and Pebble Creek Park (PW 2017-17B).

2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.

3. Authorize City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of the City Council approval, as required by Section 9204 of the California Civil Code.

4. Authorize staff to release any unencumbered retention in accordance with California law.

EXECUTIVE SUMMARY:

The Neighborhood Park Renovations at Darrin, Montbury, and Pebble Creek Parks included a new playground structure at Darrin Park, picnic area upgrades, landscaping improvements, and site furnishings for all three parks. On February 2, 2021, the City Council awarded a contract to Horizons Construction Company International, Inc. ("HCCI") in the amount of $1,264,272.62.

The project began March 8, 2021 and was substantially complete October 22, 2021, with a final construction contract amount of $1,212,857.22. After final inspection, final quantities determined, approval of the project change orders, and progress payment processing, the project is now ready for the Notice of Completion. Staff recommends the City Council approve the Notice of Completion (Attachment 1) and direct staff to release any unencumbered retention in accordance with California law.

Item: 7
23 1
7 8
0 BACKGROUND:

In July 2018, the City Council approved the conceptual designs and authorized RJM Design Group (“RJM”), the City’s Park Design Consultant, to prepare final designs and construction documents for the ten (10) City Neighborhood Parks Renovation Project. The list of parks and their current standing are detailed in Table 1 below:

Table 1: Neighborhood Park Renovation Project Status
Previously
Completed
Recently Completed Out for Bid
Cherry Park Darrin Park Borrego Overlook Park
Peachwood Park Montbury Park Rancho Serrano Park
Pebble Creek Park Regency Park
Sundowner Park
Vintage Park
In August 2019, the City Council approved the 2017-2019 Capital Improvements Project Budget Amendment to advance construction funding for Peachwood Park. The City Council also approved the 2019-2021 Capital Improvement Plan, which allocated $3,150,000 in Fiscal Year (“FY”) 2019-20 and $3,500,000 in FY 2020-21. Cherry, Darrin, Montbury, and Pebble Creek Parks were selected to be renovated in FY 2019-20, while the remaining parks were scheduled to be renovated in FY 2020-21. All four parks were temporarily delayed in 2020 due to COVID-19. Subsequently, the City Council awarded the Cherry Park project in July 2020, which was completed in February 2021.

During the mid-cycle Capital Improvement Plan discussion at the September 1, 2020 City Council meeting, the City Council directed staff to move forward with bidding Darrin, Montbury, and Pebble Creek Parks. A construction contract for these parks was awarded to HCCI at the February 2, 2021 City Council Meeting.

DISCUSSION:

HCCI substantially completed construction activities on October 22, 2021. The City’s construction manager conducted a final inspection to ensure the project’s completion per the contract requirements. The project required two contract change orders (“CCO’s”). CCO’s were for additional work and quantity adjustments based on field conditions resulting in a credit of $51,415.40. The CCO’s were approved by the City Manager. The Notice of Completion establishes a date that limits the time subcontractors and material vendors may Item: 7
24 1
7 8
0 file stop notices or liens against the project. Following City Council approval, the City Clerk must submit the Notice of Completion to the Clerk-Recorder of Orange County within fifteen days of the Council action, as required by Section 9204 of the California Civil Code. Following approval and recordation, the Notice of Completion establishes a 30-day period for subcontractors and material vendors to file stop payment notices and initiates the start date for the warranty period.

Since the work has been completed and accepted by the City, staff recommends that the City Council approve the Notice of Completion and direct staff to release any unencumbered retention in accordance with California law.

FISCAL IMPACT:

Approving the recommended action would find the project complete, authorize the Mayor and City Clerk to sign the Notice of Completion and allow staff to release any unencumbered retention in accordance with California law. The original contract award for the project totaled $1,264,272.62. The two approved CCO’s for the project decreased the project cost by $51,415.40, for a final total project cost of $1,212,857.22. The 2019-2021 Capital Improvement Program Budget has sufficient funds available for the recommended action.

ATTACHMENTS:

Notice of Completion
Initiated By: Douglas Erdman, Engineering Services Mngr - Asst. City Eng.

Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 7
25 Attachment
Item: 7
26 RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Lake Forest
100 Civic Center Drive
Lake Forest, California, 92630 Fee Exempt – Gov’t Code §27383

NOTICE OF COMPLETION
(C.C.C. 9204 - PUBLIC WORKS)
NOTICE IS HEREBY GIVEN THAT:

1. The City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630, has completed a public work of improvement described as Neighborhood Park Renovations, Darrin, Montbury & Pebble Creek Park Project
(PW 2017-17B) and accepted by the awarding authority upon the date hereof.

2. Dat
e of completion: February 15, 2022

3. Description of work performed: Neighborhood Park Renovations,Darrin, Montbury & Pebble Creek Park Project (PW 2017-17B)
 Easement4. The City’s interest in the property in which the public work was completed is: X Fee  Lease.

5. T
he real property upon which said public work was performed in the City of Lake Forest is:

Darrin Park,
22461 Cherry Ave, Lake Forest, CA 92630
Montbury Park, 21962 Montbury Dr, Lake Forest, CA 92630 Pebble Creek Park, 26441 Pebble Creek, Lake Forest, CA 92630

6. The contractor was: Horizons Construction Company International, Inc.

Dat
ed ____________________________________ _________________________________________ Robert Pequeño, Mayor
ATT
EST:
________
_________________________________
Lisa Berglund, City Clerk

VERIFICATION
I, the undersigned, say: I am the Mayor of the City of Lake Forest , the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed at Lake Forest, California, on this ____ day of _________________, 2022. _________________________________________
Robert Pequeño, Mayor
ATT
EST:
________
__________________________________
Lisa Berglund, City Clerk
Item: 7
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: Public Works
SUBJECT:

NOTICE OF COMPLETION FOR ARBOR MINI PARKS (PW2019-17)
RECOMMENDED ACTION(S):

1. Find that Elegant Construction, Inc. has completed construction of the Arbor Mini Parks (PW 2019-17).

2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the City.

3. Authorize City Clerk to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of the City Council approval, as required by Section 9204 of the California Civil Code.

4. Authorize staff to release any unencumbered retention in accordance with California law.

EXECUTIVE SUMMARY:

The Arbor Mini Parks project renovated the mini park at the northwest corner of Rockfield Boulevard and El Toro Road (“Arbors”). The proposed renovation included the removal of the sidewalk areas and replacing these locations with drought- tolerant native California landscaping and installation of fencing around the perimeter of the site. In addition, the project installed fencing on the street- facing sides of the northeast corner as well as corner landscaping, like the northwest, to provide a more complete look for the Arbors.

On August 17, 2021, the City Council awarded a contract to Elegant Construction, Inc. (“ECI”) in the amount of $324,743.00. The project began September 20, 2020 and was substantially complete December 10, 2021, with a final construction contract amount of $336,767.50. After final inspection of the last change order, final quantities determined, and progress payment processing, the project is now ready for the Notice of Completion. Staff recommends the City Council approve the Notice of Completion (Attachment 1) and direct staff to release any unencumbered retention in accordance with California law.

Item: 8
28 1
7 8
5 BACKGROUND:

At the September 1, 2020, City Council meeting, the City Council authorized an appropriation for the final design and construction of the Arbor Mini Parks project as part of the 2019-21 CIP Mid-Cycle Update and Budget Amendment. The project includes improvements to the City-maintained areas located at the northeast and northwest corners of El Toro Road and Rockfield Boulevard. On August 20, 2019, the City Manager awarded a contract to RJM Design Group (“RJM”) to generate conceptual plans for improvements to the Arbors. On January 5, 2021, the City Council awarded a full design contract to RJM to provide final design services for the Arbor Mini Park project.

This project renovated the mini park at the northwest corner of Rockfield Boulevard and El Toro Road (Home Depot side) as well as added the first phase of fencing to the northeast corner (Brü/Lucille’s side). The proposed renovation removed the existing sidewalk areas and replaced them with drought-tolerant native California landscaping. In addition, decorative fencing was installed around the perimeter of the site as well as on the street-facing sides of the northeast corner.

DISCUSSION:

ECI substantially completed construction activities on December 10, 2021. The City’s construction manager conducted a final inspection to ensure the project’s completion per the contract requirements. The project required six contract change orders. Contract Change Orders (“CCOs”) were for additional work and quantity adjustments based on field conditions. These CCO’s resulted in an increase of $12,023.72. CCO’s were approved by the City Manager.

The Notice of Completion establishes a date that limits the time subcontractors and material vendors may file notices or liens against the project. Following City Council approval, the City Clerk must submit the Notice of Completion to the Clerk-Recorder of Orange County within fifteen days of the City Council action, as required by Section 9204 of the California Civil Code. Following approval and recordation, the Notice of Completion establishes a 30-day period for subcontractors and material vendors to file stop payment notices and initiates the start date for the warranty period. Since the work has been completed and accepted by the City, staff recommends that the City Council approve the Notice of Completion and direct staff to release any unencumbered retention in accordance with California law.

Item: 8
29 1
7 8
5 FISCAL IMPACT:

Approving the recommended action would find the project complete, authorize the Mayor and City Clerk to sign the Notice of Completion, and allow staff to release any unencumbered retention in accordance with California law. The original contract award for the project totaled $324,743.00. The six approved CCO’s for the project increased the project cost by $12,023.72 for a final total project cost of $336,767.50. The 2021-23 Capital Improvement Program Budget has sufficient funds available for the recommended action.

ATTACHMENTS:

Notice of Completion
Initiated By: Douglas Erdman, Engineering Services Mngr./Asst. City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 8
30 Attachment
Item: 8
31 RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Lake Forest
100 Civic Center Drive
Lake Forest, California, 92630 Fee Exempt – Gov’t Code §27383

NOTICE OF COMPLETION
(C.C.C. 9204 - PUBLIC WORKS)
NOTICE IS HEREBY GIVEN THAT:

1. The City of Lake Forest located at 100 Civic Center Drive, Lake Forest, California, 92630, has completed a public work of improvement described as Arbor Mini Parks Project (PW 2019-17) and accepted by the awarding authority upon the date hereof.

2. Date of completion: February 15, 2022

3. Description of work performed: Arbor Mini Parks Project (PW 2019-17)  Easement4. The City’s interest in the property in which the public work was completed is: X Fee  Lease.

5. The real property upon which said public work was performed in the City of Lake Forest is:

Arbor Mini Park, corner of El Toro Road and Rockfield Blvd, Lake Forest, CA 92630

6. The contractor was: Elegant Construction, Inc.

Dated
____________________________________ _________________________________________ Robert Pequeño, Mayor
ATTEST
:
___________
______________________________
Lisa Berglund, City Clerk

VERIFICATION
I, the undersigned, say: I am the Mayor of the City of Lake Forest , the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed at Lake Forest, California, on this ____ day of _________________, 2022. _________________________________________
Robert Pequeño, Mayor
ATTEST
:
___________
_______________________________
Lisa Berglund, City Clerk
Item: 8
32 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: Public Works
SUBJECT:

RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO
CALRECYCLE FOR SB 1383 LOCAL ASSISTANCE GRANT PROGRAM AND

RESOLUTION ADJUSTING THE CITY BUDGET
RECOMMENDED ACTION(S):

1. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LAKE FOREST, CALIFORNIA, AUTHORIZING THE CITY

MANAGER, OR THE DIRECTOR OF FINANCE AS DESIGNEE, TO FILE

AND SUBMIT A GRANT APPLICATION TO THE CALIFORNIA

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) FOR ALL CALRECYCLE GRANTS FOR WHICH THE
CITY OF LAKE FOREST IS ELIGIBLE.

2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR 2021-2023; AMENDING APPROPRIATIONS FOR THE FISCAL
YEAR 2021-22.

EXECUTIVE SUMMARY:

The State of California designated $57 million in grant funding to help jurisdictions achieve compliance with the mandates contained in Senate Bill 1383 (“SB 1383”). CalRecycle, the grant administration agency, has estimated that the City of Lake Forest could receive $111,899 as part of the one-time SB 1383 Local Grant Assistance Grant Program, with such funds to be used toward activities directly related to the implementation of the SB 1383 efforts. As part the application process, CalRecycle requires each applicant’s governing body to declare, by resolution, certain authorizations related to program administration.

The proposed first attached resolution (Attachment 1) authorizes the City Manager to submit an application to CalRecycle for such grant funds.

The City adopted its 2021-23 Operating Budget prior to the establishment of the grant. The attached budget resolution (Attachment 2) would amend the budget to include both revenue and expenditures, of equal amounts, associated with the anticipated grant award.

Item: 9
33 1
8 4
8 BACKGROUND:

Senate Bill 1383 (“SB 1383”) is the most extensive waste reduction mandate to be adopted in California in the past 30 years. The impacts of the legislation will affect every resident and business in the City of Lake Forest. The law requires the City to implement food waste collection services, establish an edible food recovery program, procure recycled organic products, conduct outreach and education, assist the County of Orange in conducting capacity planning, adopt an organics diversion ordinance with enforceable mechanisms, and maintain accurate and timely records of SB 1383 compliance.

The City has completed the following compliance efforts:
Amended the Solid Waste Franchise Agreement to include food waste collection services and other SB 1383-related requirements in April 2021. Implemented food waste collection for residential, multi-family, and commercial businesses beginning in July 2021
Adopted a Mandatory Organics Waste Disposal Reduction Ordinance in October 2021
Adopted a revised Environmental Purchasing Policy which includes the procurement of recycled organic materials in December 2021 Continued to collaborate with the County in conducting capacity planning beginning with surveying edible food recovery organizations located in the City in November 2021.
Updated the City’s website to include an Edible Food Recovery information page in January 2022.
Continued outreach and education efforts with multiple direct mailers, updating information on the City’s website, articles in the Leaflet, and presentations at a HOA roundtable and to the Leadership Academy. CR&R, staff, and the City’s solid waste consultant continue to monitor the organics waste collection for compliance at residential, multi-family, and commercial properties. This work began in January 2022 and is an ongoing process that will continue indefinitely in accordance with SB 1383.

DISCUSSION:

California Senate Bill 170 (“Budget Act of 2021”) designated $57 million to be administered by CalRecycle as a non-competitive, one-time grant program meant to provide aid to jurisdictions in the implementation of SB 1383. Based on its population, CalRecycle allocated $111,899 to the City of Lake Forest.

Additionally, unclaimed funding by jurisdictions that do not apply or are not eligible may be distributed to eligible applicants in the future.

Item: 9
34 1
8 4
8 Funding provided through the SB 1383 Local Assistance Grant Program are restricted to the City’s SB 1383 implementation efforts. Eligible uses include education and outreach, enforcement and inspection, personnel, consultant assistance, program evaluation and gap analysis, and record keeping software.

Staff completed the SB 1383 requirements that were due prior to January 1, 2022. Looking forward, the City will continue outreach and education, and its cooperation with the County in its edible food capacity planning. The City is also required to monitor and gain compliance with all facets of the law. Concurrently, the City is required to maintain accurate and detailed records related to its monitoring and compliance efforts. With this in mind, staff proposes to use a portion of the grant funds for acquiring SB 1383-specific recording keeping software and a portion on professional consultant services to assist in monitoring compliance.

There are two parts to the application process. Staff submitted the initial application, which was due on February 1, 2022. The second component of the application process requires the City Council to adopt a resolution (Attachment 1) prior to March 1, 2022, authorizing the application and allowing the City Manager or Director of Finance, as designee, to sign grant documents.

The City adopted its operating budget prior to the establishment of the SB 1383 grant program. Therefore, grant revenue and associated expenditures were not reflected in the operating budget. It is prudent to adopt the resolution (Attachment 2) to amend revenue and expenditure appropriations in equal amounts for the Fiscal Year 2021-22 appropriated budget, and the 2021-23 Operating Budget in the amount of the expected grant award of $111,899.

The City Attorney’s Office reviewed the attached resolutions and approved them as to form.

FISCAL IMPACT:

Approval of the proposed resolution is required for the City to apply for funds through the SB 1383 Local Assistance Grant Program. Equal revenue and expenditure appropriations in the amounts of $111,899 will be increased for this program with the signing of the resolution.

ATTACHMENTS:

1. City Council Resolution for the SB 1383 Local Assistance Grant Program

2. City Council Budget Resolution
Item: 9
35 1
8 4
8 Initiated By: Christine Groves, Senior Management Analyst Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 9
36 4
9 9
9 9
ATTACHMENT 1
Item: 9
37 4
9 9
9 9
RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, AUTHORIZING THE CITY

MANAGER, OR THE DIRECTOR OF FINANCE AS DESIGNEE,

TO FILE AND SUBMIT A GRANT APPLICATION TO THE

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING

AND RECOVERY (CALRECYCLE) FOR ALL CALRECYCLE

GRANTS FOR WHICH THE CITY OF LAKE FOREST IS

ELIGIBLE
WHEREAS, Public Resources Code Sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (“CalRecycle”) to administer various grant programs in furtherance of the State of California’s efforts to reduce, recycle, and reuse solid waste generated in the state, thereby preserving landfill capacity, protecting public health and safety, and protecting the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of such grants; and WHEREAS, CalRecycle is seeking grant applications to provide aid in the implementation of regulations adopted by CalRecycle to implement Senate Bill 1383 (Lara, Statutes of 2016) (the “SB 1383 Regulations”); and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, AS FOLLOWS:

Section 1. The City of Lake Forest authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Lake Forest is eligible.

Section 2. The City Manager, or Director of Finance, as designee, is hereby authorized and empowered to execute in the name of the City of Lake Forest all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

Section 3. These authorizations are effective for five (5) years from the date of adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 15 th day of February 2022, by the following vote, to wit:

Item: 9
38 4
9 9
9 9
ROBERT PEQUEÑO
MAYOR
ATTEST:
_

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:
_
MATTHEW E. RICHARDSON

CITY ATTORNEY
Item: 9
39 4
9 9
9 9

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the __ day of __________ 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________

LISA BERGLUND

CITY CLERK
Item: 9
40 55136.00500\34796798.1
5 0
0 6
1 ATTACHMENT 2
Item: 9
41 55136.00500\34796798.1
5 0
0 6
1 RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE BUDGET FOR 2021-23; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2021-22
WHEREAS, the Operating Budget for 2021-23 and the appropriations for Fiscal Year 2021-22 were adopted by the City Council on June 15, 2021; and WHEREAS, modifications are now required as a result of changes during Fiscal Year 2021-22 as it relates to organic waste recycling overseen by the Public Works department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE

FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER
AS FOLLOWS:

Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.

Section 2. The Public Works budget is amended to increase its organic waste recycling appropriation for Fiscal Year 2021-22 as demonstrated in Exhibit A.

Section 3. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.

Item: 9
42 55136.00500\34796798.1
5 0
0 6
1 PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following vote, to wit:

ATTEST:

ROBERT PEQUEÑO
MAYOR

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY
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1 STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 15th day of February 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK
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1 EXHIBIT A

AMENDMENTS TO REVENUE ESTIMATES
FISCAL YEAR 2021-22
Organic Waste Recycling – Public Works Department:

Current Budget $0
Adjustment – SB1383 Local Assistance Grant Program 111,899 Amended Budget $ 111,899

AMENDMENTS TO OPERATING BUDGET
FISCAL YEAR 2021-22
Organic Waste Recycling – Public Works Department:

Current Budget $0
Adjustment – SB1383 Local Assistance Grant Program 111,899 Amended Budget $ 111,899
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1 EXHIBIT B

AMENDMENT TO OPERATING BUDGET
FISCAL YEAR 2021-22
Funding Source Name FY 2021-22
Adopted
FY 2021-22
Amended
General Fund $53,208,400 $53,208,400
Gas Tax 2,049,800 2,049,800
Road Maintenance Rehab 1,627,300 1,627,300
Measure M2 Local Fair Share 1,353,000 1,353,000
Measure M2 Senior Mobility 82,500 82,500
Air Quality Management District 110,000 110,000
Police Grants 125,000 125,000
Beverage Recycling 21,300 21,300
Waste Recycling 45,800 45,800
Organic Waste Recycling 0 111,899
CDBG 709,700 709,700
Housing Authority 12,600 12,600
Affordable Housing Projects 316,300 316,300
Certified Access Specialist Program 5,000 5,000
Foothill Ranch Phasing Plan 2,032,300 2,032,300
Park Development 515,000 515,000
Lake Forest Traffic Mitigation 759,100 759,100
Opportunities Study Area Capital Projects 13,264,800 13,264,800 Total $76,237,900 $76,349,799
Funding Source/Expenditure Program FY 2021-22
Adopted
FY 2021-22
Amended
Gas Tax – Public Works $2,137,000 $2,137,000
Measure M2 Senior Mobility –
Community Services
82,500 82,500
Air Quality Management District – Public
Works
59,200 59,200
Police Grants – Police Services 185,000 185,000
Beverage Recycling – Public Works 15,500 15,500
Waste Recycling – Public Works 45,800 45,800
Organic Waste Recycling 0 111,899
CDBG – Community Development 425,500 431,000
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1 Housing Authority – Community
Development
99,700 99,700
Certified Access Specialist Program –
Community Development
5,000 5,000
Total $3,055,200 $3,172,599
Item: 9
47 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: Community Development
SUBJECT:

RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO SUBMIT

HAZARD MITIGATION GRANT APPLICATION
RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, AUTHORIZING THE CITY MANAGER,

OR HIS/HER DESIGNEE, TO FILE AND SUBMIT HAZARD MITIGATION

GRANT APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF FORESTRY

AND FIRE PROTECTION (CAL FIRE) FOR THE LOCAL HAZARD MITIGATION WILDFIRE PREVENTION PROJECT.

EXECUTIVE SUMMARY:

In 2020, the Silverado Fire and Bond Fire significantly impacted residents in Foothill Ranch and Portola Hills. Developing a Local Hazard Mitigation Plan (“LHMP”) benefits the community by identifying natural disaster risks and vulnerabilities common in the area, such as wildfires, floods, landslides, etc. A LHMP is used to identify risks and vulnerabilities associated with natural disasters and develop long-term strategies for protecting people and property from future hazards. A Federal Emergency Management Agency-approved LHMP is beneficial to the City as it is a condition for receiving certain types of pre- and post-disaster funding.

On October 5, 2021, the City awarded a Professional Consultant Services Agreement to Jacob Green & Associates (“Agreement”) to develop an LHMP, and the planning process is expected to begin in Fiscal Year 2022-2023. In December 2021, the California Department of Forestry and Fire Protection (“CAL FIRE”) released the Fire Prevention Grants Program to fund fire prevention planning, such as the development of an LHMP. To submit a project application package, the City Council will need to adopt a resolution designating the City Manager, or his/her designee, to execute hazard mitigation grant applications.

The proposed resolution (Attachment) satisfies these designation requirements.

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6 BACKGROUND:

On October 5, 2021, the City entered into the Agreement with Jacob Green & Associates for Emergency Management Consulting and Training Services. The Agreement includes the development of an LHMP. In accordance with the Disaster Mitigation Act of 2000 (2CFR), Part 200 (Uniform Administrative Requirements), Senate Bill (“SB”) 379, and the Federal Emergency Management Agency’s (“FEMA”) Local Mitigation Planning Handbook March 2013, municipalities are required to adopt a LHMP. The LHMP will address mitigation of multiple natural hazards, including flood, wind, fire, and geologic threats. Per the Agreement, Jacob Green & Associates will perform all necessary planning, administration, professional analysis, supporting documentation, and work required to be in full compliance with the requirements of applicable State law.

Completion of the LHMP will allow the City to receive proper reimbursement should a natural disaster impact Lake Forest.

The 2021-23 Operating Budget included General Fund Community Development funds of $75,000 to be appropriated in Fiscal Year 2022-23 for the development of a LHMP. The development of a LHMP is also identified in the City’s Strategic Business Plan (Goal A, Strategy C). The LHMP preparation is scheduled to begin in Fiscal Year 2022-23 as part of the Agreement with Jacob Green & Associates.

DISCUSSION:

CAL FIRE released the Fire Prevention Grants Program that provides funding for fire prevention projects and activities in and near fire threatened communities. It focuses on increasing the protection of people, structures, and communities.

Grant-funded activities include reducing hazardous fuels, wildfire prevention, and prevention education. The purpose of an LHMP is to identify the City’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to mitigate potential risks to reduce or eliminate long- term impacts to people and structures from natural and man-made hazards.

Therefore, the development of an LHMP is a qualifying activity under the wildfire prevention planning project type.

The grant is funded through the State of California General Fund and Cap-and- Trade auction proceeds appropriated by the California Legislature to agencies that administer California Climate Investments and the General Fund. Although CAL FIRE provides technical expertise and management oversight of grants, the grantee must have the ability to plan, administer, and complete the grant project.

Staff has prepared the grant application to cover the total cost of developing the LHMP ($75,000), and $7,000 for staff time dedicated to creating the final document for adoption by FEMA. The total grant request is $82,000.

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6 A resolution designating authorized agents to execute hazard mitigation grant applications must be included in the project application package to receive a grant agreement package. In support of the City’s efforts to develop long-term strategies associated with natural disasters for protecting people and property from future hazards, staff recommends the City Council authorize the proposed resolution designating the City Manager, or his/her designee, to execute hazard mitigation grant applications (Attachment).

FISCAL IMPACT:

If approved, the proposed resolution would authorize staff to submit a grant application requesting $82,000 from the CAL FIRE-administered Fire Prevention Grant Program. If awarded the grant, $75,000 in funds would be used to offset the LHMP-related costs of the Agreement with Jacob Green & Associates and $7,000 would be used to cover the City’s operational costs associated the preparing the LHMP for FEMA adoption.

ATTACHMENTS:

Resolution Authorizing City Manager or Designee to Submit Hazard Mitigation Grant Application Documents
Initiated By: Ashley Melchor, Management Assistant
Submitted By: Gayle Ackerman, Director of Community Development Approved By: Debra Rose, City Manager
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7 Attachment
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7 RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, AUTHORIZING THE CITY

MANAGER, OR HIS/HER DESIGNEE, TO FILE AND SUBMIT

HAZARD MITIGATION GRANT APPLICATIONS TO THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE

PROTECTION (CAL FIRE) FOR THE LOCAL HAZARD

MITIGATION WILDFIRE PREVENTION PROJECT

WHEREAS, the Governor of the State of California, in cooperation with the California State Legislature, has enacted California Climate Investments, which, among other things, provide funds to the State of California and its political subdivisions for fire prevention programs; and
WHEREAS, the State Department of Forestry and Fire Protection (“CAL FIRE”) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program; and WHEREAS, CAL FIRE established and set procedures governing the application for the Fire Prevention Grants Program (the “Program”); and WHEREAS, CAL FIRE’s grant application procedures for the Program require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CAL FIRE grants; and WHEREAS, in order to qualify for hazard mitigation funding under the Program, the City of Lake Forest must designate one or more individuals to act on the City’s behalf in submitting the appropriate applications.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Forest as follows:

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein, and by this reference made an operative part hereof.

Section 2. California Environmental Quality Act (“CEQA”). The City Council finds and determines that pursuant to the provisions of the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.,) and the State CEQA Guidelines (California Code of Regulations, title 14, section 15000 et seq.,):

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7 1. This action is not a “project” as defined in the Public Resources Code section 21065 and CEQA Guidelines section 15378(b)(4) because it is a government funding mechanism which does not make a commitment to any specific project that may result in a potentially significant physical impact on the environment and is therefore not subject to CEQA pursuant to CEQA Guidelines Section 15060(c) and no further environmental review is necessary. (State CEQA Guidelines, § 15060, subd. (c)(3) [“[a]n activity is not subject to CEQA if . . . [t]he activity is not a project as defined in [State CEQA Guidelines] Section 15378”].);

2. In the alternative, if the action is a project within the meaning of CEQA, the City Council finds and determines that this action is exempt from CEQA under the common sense exemption set forth in State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is to authorize staff to apply for funding but the City has yet to identify a specific project or proposal for which the monies would be spent.

Section 3. The City Council of the City of Lake Forest does hereby authorize and empower the City Manager, or his/her designee, to execute for and on behalf of the City of Lake Forest, a local government entity, established under the laws of the State of California, all grant documents, including, but not limited to, applications, agreements, amendments, and requests for payment necessary to secure financial assistance, and a Notice of Exemption for this action.

Section 4. The City Council of the City of Lake Forest does hereby certify that it has or will have sufficient funds under its jurisdiction to operate and maintain the Program.

Section 5. All grant funds will be expended before March 15, 2026.

Section 6. Custodian of Records. The City Clerk is hereby designated the official “Custodian of Records” with regard to all applications submitted and agreements entered into pursuant to this Resolution. The Custodian of Records is hereby authorized to carry out the City-wide records program and any related policies and procedures under the direction of the City Manager. The Custodian of Records is further authorized to update the records retention schedule from time to time to incorporate changes in local, state, and federal laws affecting retention of City records. The documents comprising the administrative record for this action are available at City Hall, which is located at 100 Civic Center Drive, Lake Forest, CA 92630.

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7 Section 7. Severability.The provisions of this Resolution are severable and if any provision of this Resolution is held invalid by a court of competent jurisdiction, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

Section 8. Effective Date. This Resolution shall take effect and be operative immediately upon its adoption.

Section 9. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022.

ROBERT PEQUEÑO
MAYOR
ATTEST:

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY
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7 STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022-____was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ___ day of February 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK
Item: 10
55 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Clerk
SUBJECT:

ADOPTION OF ORDINANCE NO. 349 RELATED TO PROHIBITING THE

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY RECOMMENDED ACTION(S):

1. Conduct Second Reading of Ordinance No. 349 entitled: AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING SECTION 11.24.040 TO CHAPTER 11.24 OF DIVISION III OF TITLE 11 OF

THE LAKE FOREST MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY.

2. Adopt Ordinance No. 349.

EXECUTIVE SUMMARY:

At its regular meeting of February 1, 2022, the City Council considered and conducted the first reading of Ordinance No. 349. This Ordinance authorizes the amendments of the Lake Forest Municipal Code, adding chapters to Title 11 to establish regulations prohibiting the unlawful possession of catalytic converters in the City of Lake Forest. At this time, staff recommends that the City Council conduct the second reading and adopt the aforementioned Ordinance.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

Ordinance No. 349
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7 Initiated By: Jennifer Weiss, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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57 Attachment
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CITY COUNCIL ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA, ADDING SECTION 11.24.040
TO CHAPTER 11.24 OF DIVISION III OF TITLE 11 OF THE

LAKE FOREST MUNICIPAL CODE ESTABLISHING

REGULATIONS PROHIBITING THE UNLAWFUL

POSSESSION OF CATALYTIC CONVERTERS IN THE CITY

WHEREAS, the citizens of Lake Forest have experienced catalytic converter thefts from automobiles over the past several years; and

WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Lake Forest to define and punish catalytic converter thefts absent an identifiable victim; and

WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Lake Forest requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and

WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter theft s for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and

WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and

WHEREAS, the citizens of Lake Forest and the Orange County Sheriff’s Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero- tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Lake Forest and the Orange County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
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WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and

WHEREAS, this Ordinance is necessary to provide the City of Lake Forest and the Orange County Sheriff’s Department clear legal authority to better protect the public and deter this criminal activity.

NOW, THEREFORE, the City Council of the City of Lake Forest DOES HEREBY ORDAIN as follows:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. Section 11.24.040 of Chapter 11.24 of Division III of Title 11 of the Lake Forest Municipal Code is hereby added to read in its entirety as follows:

11.24.040 – Unlawful possession of a catalytic converter prohibited.

A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

B. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”

C. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with photographs.

2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated.

D. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures Item: 11
60 55136.00000\34554300.3
authorized by the Lake Forest Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

E. It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for any person to violate any provision of this section.

F. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law.

INTRODUCED by the City Council of the City of Lake Forest at a regular meeting held on the day of , 2022, and PASSED and ADOPTED by the City Council of the City of Lake Forest at a regular meeting held on the day of , 2022.

ATTEST:
_

ROBERT PEQUENO

MAYOR OF THE CITY OF LAKE FOREST

LISA BERGLUND

CITY CLERK OF THE CITY OF LAKE FOREST
Item: 11
61 55136.00000\34554300.3

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )

I, LISA BERGLUND, City Clerk of the City of Lake Forest, HEREBY DO CERTIFY that the foregoing ordinance was introduced for first reading on the day of , 2022 and duly adopted at a regular meeting of the City Council of the City of Lake Forest, held on the day of , 2022.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

LISA BERGLUND

CITY CLERK OF THE CITY OF LAKE FOREST
Item: 11
62 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Manager
SUBJECT:

LEGISLATIVE MATTERS - SUPPORT FOR VETERANS CEMETERY AB 1595

AND RESOLUTION SUPPORTING THE ELIMINATION OF FENTANYL USE IN

LAKE FOREST
RECOMMENDED ACTION(S):

1. Exercise City Council discretion in supporting California Assembly Bill 1595.

2. Exercise City Council discretion in adopting a Resolution entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA DESCRIBING THE CITY’S COMMITMENT TO
ELIMINATING THE PRESENCE OF FENTANYL IN THE COMMUNITY.

EXECUTIVE SUMMARY:

On August 18, 2021, the City Council approved Resolution No. 2021-31 in support of the creation of a veterans cemetery in Anaheim Hills, California (Attachment 1). The location of the proposed veterans cemetery is south of State Route 91 on Gypsum Canyon Road. On January 3, 2022, California Assemblymembers Steven Choi and Sharon Quirk-Silva introduced Assembly Bill 1595 (“AB 1595”) (bill text and Quirk-Silva fact sheet provided as Attachment 2). If enacted, AB 1595 would allow the California Department of Veterans Affairs (“CalVet”) to design, develop, and construct a State-operated veterans cemetery in Orange County.

The proposed veterans cemetery on Gypsum Canyon Road has received a land allocation and $20 million in financial support from the County of Orange. The Orange County Cemetery District plans to construct a civilian cemetery adjacent to the proposed veterans cemetery site and has agreed to cover the costs of constructing utilities to serve both cemetery sites.

The attached letter (Attachment 3) will document the City Council’s support for the veterans cemetery to be designed, constructed, and operated by CalVet. On January 11, 2022, the County of Orange issued a similar letter of support for AB Item: 12
63 1
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4 1595 (Attachment 4). Staff recommends the City Council exercise discretion in approving the letter of support.

On February 1, 2022, the City Council received an update from Orange County Supervisor Donald (“Don”) Wagner related to the Orange County Sheriff’s Department’s efforts to eliminate the presence of fentanyl in the region. In his presentation, Supervisor Don Wagner requested the Lake Forest City Council consider a resolution supporting Orange County’s efforts to eliminate the presence of fentanyl in the community. To eliminate fentanyl in the region, the Orange County Sheriff’s Department and the Orange County District Attorney’s Office plan to pursue heightened enforcement and criminal charges (including murder charges) for repeat drug-related offenders that provide drugs that can lead to the death of the user. The Orange County Board of Supervisors memorialized their support of this approach with the approval of Orange County Resolution No. 22-014 on January 25, 2022 (Attachment 5). The attached draft resolution would memorialize the City of Lake Forest’s support for this approach and is based on the resolution approved by the Orange County Board of Supervisors (Attachment 6).

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. City Council Resolution No. 2021-31

2. Assembly Bill 1595 Bill Summary & Text

3. Draft Lake Forest Letter of Support for Assembly Bill 1595

4. County of Orange Letter of Support for Assembly Bill 1595

5. Orange County Board of Supervisors Resolution No. 22-014 Supporting the Elimination of Fentanyl Use in Orange County

6. City Council Resolution Supporting the Elimination of Fentanyl Use in Lake Forest
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 12
64 ATTACHMENT 1
Item: 12
65 Item: 12
66 Item: 12
67 Item: 12
68 ATTACHMENT 2
Item: 12
69 ASSEMBLYWOMAN QUIRK-SILVA, 65TH DISTRICT
AB 1595 (QUIRK-SILVA & CHOI): VETERANS CEMETERY

SUMMARY
Assembly Bill 1595 seeks to authorize a state veterans cemetery at a location within the County of Orange.

BACKGROUND
Orange County is the State ’s largest county without a veterans cemetery. In 2014, the California Department of Veterans Affairs (CalVet) estimated that the County of
Orange was home to approximately 117,000 veterans.

Yet, Orange County veterans and their families must
travel to the Riverside National Cemetery in order for
their service members to be interred at a final and proper resting place.

In 2014, the Legislature approved Assemb ly Bill (AB)
1453 to begin the process of bringing a state veterans
cemetery to Orange County at the Amended and Restated
Development Agre ement (ARDA) site located at the
decommissioned Marine Corps Air Station El Toro in the
City of Irvine. However, a l ack of consensus, public
opposition, and cost concerns prompted a renewed debate around the most suitable location for an Orange County
Veterans Cemetery.

In 2017, a second local site known as the “Strawberry
Fields” was proposed and accepted by the City of Irvine for consideration. Subsequently, in 2018, a grass roots initiative was passed at the local level overturning the City’s previous action. The City then directed staff to study a third proposed site known as the “Golf Course”
site, prompting the introduction and passage of AB 368 in 2019.

AB 368 directed CalVet to work with the Department of
General Services to deliver a site study analysis on both the ARDA and Golf Course locations. Upon the
completion of the study in 2021, the Irvine City Council received a presentation on the outcome of the site study and took no action, effectively preventing CalVet from
submitting an application for a federal grant to move the process of building an Orange County Veterans Cemetery
forward.

Each time a new site is proposed, the Legislature has to introduce a new bill to amend the current law. The
legislative process takes a year or more.

AB 1595 removes the legislative step out of the process by broadly authorizing CalVet to: acquire, study, design,
develop, construct, and equip a state owned and state - operated Southern California Veterans Cemetery within
the County of Orange.

EXISTING LAW
Existing law only authorizes CalVet to evaluate the
placement of a veterans cemetery in one of two locations in Orange County, thereby excluding from consideration
any other site that might be deemed suitable by CalVet and the local community.

AB 1595 simplifies this process by broadly authorizing
CalVet in cooperation with the regional local government entities, to acquire, study, design, develop, construct and equip a state owned and operated Southern California
Veterans Cemetery within the County of Orange.

THIS BILL
AB 1595 will authorize a state veterans cemetery within the County of orange with input and support by the local community. The bill also includes an urgency clause so
that CalVet can promptly start an acquisition study of a proposed cemetery location, as required by law. AB 1595 represents an important milestone in finding a final resting place for Orange County veterans and their families.

SUPPORT
 None received
Item: 12
70 ASSEMBLYWOMAN QUIRK-SILVA, 65TH DISTRICT
AB 1595 (QUIRK-SILVA & CHOI): VETERANS CEMETERY

CONTACT INFORMATION
Christopher Aguilera
Legislative Aide
Office of Assemblymember Sharon Quirk-Silva,
(916) 319-2065
[email protected]
Item: 12
71 california legislature—2021–22 regular session
ASSEMBLY BILL No. 1595
Introduced by Assembly Members Quirk-Silva and Choi
January 3, 2022
An act to amend Section 1410 of the Military and Veterans Code, relating to v eterans, and declaring the ur gency thereof, to tak e effect immediately.
legislative counsel’s digest
AB 1595, as introduced, Quirk-Silva. Veterans cemetery: County of Orange.

Existing law requires the Department of Veterans Affairs to acquire, study, design, de velop, construct, and equip a state-o wned and state-operated Southern California Veterans Cemetery in the County of Orange at one of 2 possible sites, as specified. Existing law requires the department to, after completing acquisition studies on both sites, consult with the Department of General Services to determine which site to pursue based on the economic feasibility , benefits to v eterans and City of Irvine residents, and availability of each location. Existing law makes honorably discharged veterans, their spouses, and dependent children eligible for interment in the cemetery, as specified.

This bill w ould delete those site selection requirements and w ould instead require the department to acquire, study , design, de velop, construct, and equip a state-o wned and state-operated Southern California Veterans Cemetery in the County of Orange.

This bill w ould declare that it is to tak e effect immediately as an urgency statute.

Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​

99 Item: 12
72 The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1410 of the Military and Veterans Code line 2 is amended to read:
line 3 1410. (a)  (1)  Pursuant to Section 1412, the department, in line 4 voluntary cooperation with local government entities in the County line 5 of Orange, shall acquire, study, design, develop, construct, and line 6 equip a state-owned and state-operated Southern California line 7 Veterans Cemetery, which shall be located at either the site of the line 8 former Marine Corps Air Station El Toro, on 125 acres known as line 9 the Amended and Restated De velopment Agreement Site in the line 10 Orange County Great P ark in the City of Irvine or at the line 11 approximately 100 acres kno wn as the Golf Course Site in the line 12 Orange County Great P ark in the City of Irvine, as described and line 13 adopted by the City Council of the City of Irvine at the July 23, line 14 2019, special joint meeting. The department shall, after completing line 15 acquisition studies on both sites, consult with the Department of line 16 General Services to determine which site to pursue based on the line 17 economic feasibility , benefits to v eterans and City of Irvine line 18 residents, and a vailability of each location. in the County of line 19 Orange.
line 20 (2) The department shall oversee and coordinate the acquisition, line 21 study, design, development, and construction of the cemetery. line 22 (3) For purposes of this chapter, “department” shall mean means line 23 the Department of Veterans Affairs.
line 24 (b) (1)  Subject to the eligibility requirements described in line 25 Section 2402 of Title 38 of the United States Code, as it may be line 26 amended, honorably discharged veterans and their spouses and line 27 eligible dependent children are eligible for interment in the line 28 cemetery. The department shall establish a fee to be charged for line 29 interment of veteran spouses and eligible dependent children. The line 30 amount of the fee shall not exceed the reasonable costs to the line 31 department for interment in the cemetery.
line 32 (2) Subject to Section 1418, for the purposes of this subdivision, line 33 the department shall adopt regulations to specify the eligibility line 34 requirements for interment in the cemetery.
line 35 (3) All fees received pursuant to paragraph (1) shall be deposited line 36 in the Southern California Veterans Cemetery Perpetual line 37 Maintenance Fund created pursuant to Section 1412. 99 — 2 — AB 1595
Item: 12
73 line 1 SEC. 2. This act is an ur gency statute necessary for the line 2 immediate preservation of the public peace, health, or safety within line 3 the meaning of Article IV of the California Constitution and shall line 4 go into immediate effect. The facts constituting the necessity are:
line 5 It is necessary that this act tak e effect immediately in order to line 6 commence with the design, development, and construction of the line 7 Southern California Veterans Cemetery at the earliest possible line 8 time.

O
99 AB 1595 — 3 —

Item: 12
74 ATTACHMENT 3
Item: 12
75 www.lakeforestca.gov
Lake Forest City Hall
100 Civic Center Drive
Lake Forest, CA 92630
General: (949) 461-3400
Fax: (949) 461-3511

CITY OF LAKE FOREST
February 15, 2022
The Honorable Sharon Quirk-Silva
Assemblymember, 65th District
1440 North Harbor Boulevard, Suite 270
Fullerton, CA 92835
The Honorable Steven Choi, Ph.D.

Assemblymember, 68th District
3240 El Camino Real, Suite 110
Irvine, CA 92602
SUBJECT: AB 1595 –Veterans Cemetery, County of Orange–SUPPORT Dear Assemblymember Quirk-Silva and Assemblymember Choi:

On behalf of City of Lake Forest thank you for authoring Assembly Bill (AB) 1595 to allow the California Department of Veterans Affairs (CalVet) to design, develop, and construct a state-operated veterans cemetery in Orange County. Home to former Army, Navy, and Marine bases and an estimated 104,949 veterans, Orange County is California’s largest county without a veterans cemetery.

On July 27, 2021, the Board of Supervisors unanimously approved allocating $20 million exclusively for site development of a veterans cemetery at Gypsum Canyon and adopted a resolution to move forward with planning and developing a site to honor and respect the men and women who served our great country. The Board previously allocated over 200 acres of county-owned land at Gypsum Canyon in Anaheim Hills near the intersection of the 91 freeway and 241 toll road, which has been deeded to the Orange County Cemetery District (OCCD) for the purpose of building a veterans cemetery.

The County and OCCD have met with CalVet regarding the Gypsum Canyon site. CalVet is aware that the property will have a separate public civilian cemetery adjacent to it, and that it will be constructed and financed by OCCD separately from a veterans cemetery. OCCD will pay all costs to bring utilities and shared infrastructure to the property.

After years of delay due to lack of consensus on a location, the County’s $20 million commitment along with OCCD’s financing plan offer an unprecedented opportunity to immediately begin funding the site. All 34 Orange County cities have adopted resolutions supporting the Gypsum Canyon site. In addition, a bipartisan majority of Orange County state and federal delegation members, numerous veterans organization leaders, and more than 140 local elected officials all enthusiastically support a veterans cemetery at Gypsum Canyon. However, legislation is needed to amend the Military & Veterans Code in order to proceed.

Mayor
Robert Pequeño
Mayor Pro Tem
Doug Cirbo
Council Members
Neeki Moatazedi
Mark Tettemer
Scott Voigts
City Manager
Debra DeBruhl Rose
DRAFT
Item: 12
76 AB 1595 would allow CalVet to acquire, study, design, develop, construct, and equip a state-owned and state- operated Southern California Veterans Cemetery in Orange County so that we may honor the men and women who served our country and who deserve the right to be buried in Orange County. For these reasons, City of Lake Forest supports AB 1595.

Sincerely,

Robert Pequeño, Mayor
City of Lake Forest

Cc: Assemblymember Jacqui Irwin: Chair, Assembly Military & Veterans Affairs Committee Senator Bob Archuleta, Chair – Senate Military & Veterans Affairs Committee Christian Burkin – Chief Consultant, Assembly Military & Veterans Affairs Committee Veronica Badillo – Staff Director, Senate Military & Veterans Affairs Committee Members, Orange County Legislative Delegation
Members, Orange County Board of Supervisors

DRAFT
Item: 12
77 ATTACHMENT 4
Item: 12
78 DOUG CHAFFEE

CHAIRMAN

ORANGE COUNTY BOARD OF SUPERVISORS

SUPERVISOR, FOURTH DISTRICT

O

RANGE COUNTY HALL OF ADMINISTRATION
333 W. SANTA ANA BLVD.

SANTA ANA, CALIFORNIA 92701 PHONE (714) 834-3440 FAX (714) 834-2045 [email protected]
bos.ocgov.com/fourth
January 11, 2022
T
he Honorable Sharon Quirk-Silva
Assemblymember, 65th District
1440 North Harbor Boulevard, Suite 270
Fullerton, CA 92835
T
he Honorable Steven Choi, Ph.D.

Assemblymember, 68th District
3240 El Camino Real, Suite 110
Irvine, CA 92602
SUBJECT: AB 1595 –Veterans Cemetery, County of Orange – SPONSOR/SUPPORT D
ear Assemblymember Quirk-Silva and Assemblymember Choi:

O
n behalf of the Orange County Board of Supervisors, I write to thank you for authoring Assembly Bill (AB) 1595 to allow the California Department of Veterans Affairs (CalVet) to design, develop, and construct a state-operated veterans cemetery in Orange County. Home to former Army, Navy, and Marine bases and an estimated 104,949 veterans, Orange County is California’s largest county without a veterans cemetery.

O
n July 27, 2021, the Board of Supervisors unanimously approved allocating $20 million exclusively for site development of a veterans cemetery at Gypsum Canyon and adopted a resolution to move forward with planning and developing a site to honor and respect the men and women who served our great country. The Board previously allocated over 200 acres of county- owned land at Gypsum Canyon in Anaheim Hills near the intersection of the 91 freeway and 241 toll road, which has been deeded to the Orange County Cemetery District (OCCD) for the purpose of building a veterans cemetery.

T
he County and OCCD have met with CalVet regarding the Gypsum Canyon site. CalVet is aware that the property will have a separate public civilian cemetery adjacent to it, and that it will be constructed and financed by OCCD separately from a veterans cemetery. OCCD will pay all costs to bring utilities and shared infrastructure to the property.

A
fter years of delay due to lack of consensus on a location, the County’s $20 million commitment along with OCCD’s financing plan offer an unprecedented opportunity to immediately begin funding the site. All 34 Orange County cities have adopted resolutions supporting the Gypsum Canyon site. In addition, a bipartisan majority of Orange County state and federal delegation members, numerous veterans organization leaders, and more than 140 local elected officials all enthusiastically support a veterans cemetery at Gypsum Canyon. However, legislation is needed to amend the Military & Veterans Code in order to proceed.

A
B 1595 would allow CalVet to acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery in Orange County so that we may honor the men and women who served our country and who deserve the right to be buried in Orange County.

Item: 12
79 Assemblymembers Quirk-Silva and Choi
January 11, 2022

F
or these reasons, the Orange County Board of Supervisors enthusiastically supports AB 1595 and respectfully requests to be added as a co-sponsor. If you have any questions, or would like more information, please contact Peter DeMarco, Director of Legislative Affairs, at 714-834-5777.

S
incerely,
D
oug Chaffee
Chairman, Orange County Board of Supervisors
Supervisor, Fourth District
Cc
: Assemblymember Jacqui Irwin: Chair, Assembly Military & Veterans Affairs Committee Senator Bob Archuleta, Chair – Senate Military & Veterans Affairs Committee Christian Burkin – Chief Consultant, Assembly Military & Veterans Affairs Committee Veronica Badillo – Staff Director, Senate Military & Veterans Affairs Committee Members, Orange County Legislative Delegation
Members, Orange County Board of Supervisors
Frank Kim, County Executive Officer
Item: 12
80 ATTACHMENT 5
Item: 12
81 Item: 12
82 Item: 12
83 ATTACHMENT 6
Item: 12
84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA DESCRIBING THE CITY’S COMMITMENT TO ELIMINATING THE

PRESENCE OF FENTANYL IN THE COMMUNITY
WHEREAS, the increasing prevalence of fentanyl poses a significant public health and safety risk to Orange County communities; and WHEREAS, nationwide drug-related deaths exceeded 100,000 between April 2020 and April 2021. Fentanyl is a significant contributing factor to this alarming statistic; and
WHEREAS, Orange County fentanyl-related deaths have increased 1100% from 37 in 2016 to 432 in 2020. In that same period statewide fentanyl related deaths increased over 1600% from 239 to 3,857; and
WHEREAS, many of these deaths are the result of drug dealers selling counterfeit pills containing illicit fentanyl. The person consuming is unaware of the fentanyl presence; and
WHEREAS, the Orange County Sheriff’s Department continues efforts to interdict and seize illicit narcotics. From 2017-2020 Sheriff’s narcotics teams seized 388 pounds of fentanyl. These seizures potentially contained 88 million lethal doses and had a total street value is $43 million. Each dose taken off the street represents a potential life saved; and
WHEREAS, the Orange County Sheriff’s Department and municipal police agencies have begun issuing advisements to all those arrested for selling narcotics.

The advisement states that if a dealer sells, furnishes, or distributes drugs to someone, and that person dies as a result of using the drugs, they can be charged with murder.

Similarly, the Orange District Attorney’s Office adopted a policy to advise offenders convicted of certain drug-related charges that if they commit a drug-related crime again and someone dies as a result they can be charged with murder; and WHEREAS, the Drug Enforcement Agency has launched a public campaign, “One Pill Can Kill,” to raise awareness that pills purchased outside of a licensed pharmacy are illegal, dangerous, and potentially deadly. This message is also reiterated in the Orange County Sheriff’s Department’s “Above the Influence” school education program; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that the City of Lake Forest joins with Orange County law enforcement in committing to eliminate the threat of fentanyl to our community. The City of Lake Forest commits to devoting resources to the interdiction of narcotics, holding accountable drug traffickers, and raising public awareness about the dangers of drug use.

Item: 12
85 PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following vote, to wit:

ROBERT PEQUEÑO
MAYOR
ATTEST:
_

LISA BERGLUND

CITY CLERK
APPROVED AS TO FORM:
_
MATTHEW E. RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the __ day of __________ 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Item: 12
86 __________________________

LISA BERGLUND

CITY CLERK

Item: 12
87 CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: Public Works
SUBJECT:

CONTRACT AWARD TO RJM DESIGN GROUP FOR CONSTRUCTION

SUPPORT FOR THE NEIGHBORHOOD PARK IMPROVEMENT PROGRAM
RECOMMENDED ACTION(S):

1. Approve the Agreement with RJM Design Group, Inc. for construction support services for the Neighborhood Park Improvement Project with a compensation amount of $30,000.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Agreement with RJM Design Group, Inc. substantially in the form attached.

EXECUTIVE SUMMARY:

On December 5, 2017, the City Council awarded a contract to RJM Design Group, Inc. (“RJM”) to complete the design for Phase II of the Neighborhood Park Improvement Program. The program contained 10 neighborhood parks for renovations: Borrego Overlook Park; Cherry Park; Darrin Park; Montbury Park; Peachwood Park; Pebble Creek Park; Rancho Serrano Park; Regency Park; Sundowner Park; and Vintage Park. Staff is in need of bidding and construction support from the designer of the renovation plans for the parks, RJM. However, due to COVID-19-related delays, the RJM contract expired on November 21, 2021.

As RJM was the designer for these parks, staff is recommending the award of a new Professional Consultant Services Agreement to RGM (“Agreement”) via sole source procurement. The compensation amount for the proposed Agreement is $30,000 and includes the provision of construction support for the remaining parks in the Neighborhood Park Renovation Project. The term of the proposed Agreement is for one-year with two optional one-year extensions. The Capital Improvements Project Budget includes sufficient funding to cover the costs of the recommended action.

Item: 13
88 1
8 8
7 BACKGROUND:

On December 5, 2017, the City Council awarded a contract to RJM to design Phase II of the Neighborhood Park Improvement Program with a compensation amount of $518,163 and a three-year term (Attachment 1). On November 22, 2020, the City Council approved an amendment to that contract extending the term for one year and adding an additional $51,800 of compensation. After approving this extension, the total contract compensation amount increased to $569,963. The Neighborhood Park Improvement Program contains 10 neighborhood parks for renovations: Borrego Overlook Park; Cherry Park; Darrin Park; Montbury Park; Peachwood Park; Pebble Creek Park; Rancho Serrano Park; Regency Park; Sundowner Park; and Vintage Park. In August 2019, City Council approved the 2017-19 Capital Improvement Projects Budget Amendment to advance construction funding for Peachwood Park. The Peachwood Park project has been completed.

The City Council approved the 2019-2021 Capital Improvement Plan (“CIP”), which allocated $3,150,000 in Fiscal Year (“FY”) 2019-20 and $3,500,000 in FY 2020-21 to the Neighborhood Park Improvement Program. Cherry, Darrin, Montbury, and Pebble Creek parks were selected to be renovated in FY 2019-20.

Due to COVID-19, the park renovations were delayed, with Cherry Park being completed in March 2021. Darrin, Montbury, and Pebble Creek Parks were completed in November 2021. The remaining park renovation work for Vintage, Sundowner, Borrego Overlook, Rancho Serrano, and Regency Parks are currently out to bid.

DISCUSSION:

The five remaining parks (Vintage, Sundowner, Borrego Overlook, Rancho Serrano, and Regency) are currently being advertised for bid. Staff is in need of bidding and construction support from the designer of the renovations for these parks, RJM. However, due to COVID-19-related delays, the RJM contract which included bid phase and construction support within the scope of services inadvertently expired on November 21, 2021.

As RJM was the designer for the park renovations, they are uniquely suited to provide support during bidding and construction. This would include answering technical questions related to the project, reviewing submittals, and responding to Requests for Information. Section 3.12.160 of the municipal code allows the City Council to waive the RFP process if the decision to do so is in the best interest of the City.

Staff recommends the City Council waive the RFP process and approve the proposed Agreement with RJM with a compensation amount of $30,000 and a Item: 13
89 1
8 8
7 term of one year for bidding and construction support for the remaining five parks in the Neighborhood Park Improvement Program (Attachment 2). The term of the Agreement includes two optional one-year extensions. The Finance Department prepared the proposed Agreement with RJM and the City Attorney reviewed and approved it as to form.

FISCAL IMPACT:

The proposed Agreement with RJM includes a compensation amount of $30,000 for bidding and construction support services over a one-year term with two optional one-year extensions. The Neighborhood Park Improvement Fund Capital Improvements Project Budget currently has $ 3,839,128 in available allocated funding. Sufficient funds exist for the recommended actions.

ATTACHMENTS:

1. December 5, 2017, City Council Staff Report and Phase II of the Neighborhood Park Improvement Program Design Contract with RJM

2. Proposed Agreement with RJM Design Group, Inc.

Initiated By: Douglas Erdman, Engineering Services Mngr - Asst. City Eng.

Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 13
90 Attachment 1
Item: 13
91 City Council Agenda Report
Meeting Date: December 5, 2017
Department: Community Services
SUBJECT:

AWARD OF CONTRACT FOR DESIGN SERVICES FOR THE

NEIGHBORHOOD PARK IMPROVEMENT PLAN
RECOMMENDED ACTION(S):

1. Award a contract to RJM Design Group in the amount of $518,163 to complete the final design for Phase II of the Neighborhood Park Improvement Plan

2. Authorize the Mayor to sign and the City Clerk to attest the agreement with RJM, substantially in the form attached
EXECUTIVE SUMMARY:

City staff solicited proposals for Final Design Services to complete Phase II of the Neighborhood Park Improvement Plan. The Plan will focus on the following 10 parks: Borrego Overlook Park; Cherry Park; Darrin Park; Montbury Park; Peachwood Park; Pebble Creek Park; Rancho Serrano Park; Regency Park; Sundowner Park; and Vintage Park. Based on the outcome of the City’s selection process, staff recommends an award of contract to RJM Design Group (“RJM”) in the not-to-exceed amount of $518,163. Pending award of contract, RJM’s scope of services includes public workshops, the first of which is planned for January 2018, and presentation of conceptual designs for each park to the Parks and Recreation Commission and City Council for approval.

BACKGROUND:

In 2007, the City initiated Phase I of a Neighborhood Park Improvement Plan to assess resident satisfaction in programs provided by the Community Services Department and to evaluate the state of parks, facilities, and amenities. This study was used to guide $8 million in renovations in 10 City parks over the subsequent 7 years and to expand recreational programming. Since the last survey was completed, the City opened Baker Ranch Community Park, the Sports Park and added the Barker Ranch Dog Park to its inventory.

Attachment 1
Item: 13
92 In 2016, the City hired a Consultant (“BMLA”) to begin Phase II of the Neighborhood Park Improvement Plan to focus on parks that were not part of the comprehensive $8 million renovation effort. The Consultant conducted community workshops to solicit input regarding proposed renovations at 10 of the City’s smaller parks and summarized community input in a final report. The final report also evaluated the general condition of each park and identified needed improvements to ensure that parks remain valued recreational assets in the future. The Scope of Work for this contract did not include preparation of Conceptual Designs for each park.

DISCUSSION:

Staff initiated a competitive procurement process to solicit proposals to complete the design work for Phase II of the Neighborhood Park Improvement Plan. The Scope of Work includes conducting three community workshops to solicit feedback from residents, the presentation of Conceptual Designs to the Parks and Recreation Commission and City Council, the completion of Final Designs for each facility and supporting the bidding and construction phases of the project.

The City received proposals from the following six firms:
 BMLA Landscape Architecture (Corona, CA)
 Community Works Design (Riverside, CA)
 David Volz Design (Costa Mesa, CA)
 MIG Inc. (Fullerton, CA)
 Nuvis Landscape Architecture (Costa Mesa, CA)
 RJM Design Group (San Juan Capistrano, CA)
A City Manager-approved Selection Committee consisted of:
 Director of Community Services
 Both Recreation Managers
 Assistant City Engineer.

The Selection Committee reviewed the proposals and interviewed the top four firms that scored the highest on the technical review. The chart below reflects the scores for the both the technical review and interviews:

Attachment 1
Item: 13
93 Technical
Review
Qualification
Interview
Rater: Rater:

Firm 1 2 3 4
Technical
Review
Subtotal
1 2 3 4
Interview
Subtotal Total
RJM Design 90 94 93 86 363 95 94 95 95 379 742
BMLA 95 95 97
80 367 94 95 95 90 374 741
Community
Works Design 93 88 97 78 356 85 90 85 85 345 701
Nuvis Landscape
Architecture 85 83 82 77 327 80 85 85 85 335 662
David Volz
Design 70 79 80 74 303 0 0 0 0 N/A 303
MIG Inc. 75 70 80 67 292 0 0 0 0 N/A 292
As reflected above, RJM received the highest cumulative score based upon its written proposal and interview. RJM’s vast experience in park design demonstrates the qualifications needed to conduct Phase II of the Neighborhood Park Improvement Plan. Their proposal and interview reflected a thorough understanding of the process of evaluating parks and facilities and the community consultation process.

RJM has completed noteworthy designs for the Lake Forest Nature Park and most recently, the Lake Forest Sports Park and Recreation Center. In addition, RJM is well versed in the community consultation process which will be an important component of this project. RJM will conduct no fewer than 3 community workshops to solicit community feedback and present conceptual designs to the Parks and Recreation Commission and the City Council for approval. Staff feels confident that RJM’s past design experience with the City will enable the firm to successfully complete Phase II of the Neighborhood Park Improvement Plan.

Attachment 1
Item: 13
94 Project Design Budget and Cost Proposals:

The FY 2017-19 Capital Improvement Budget includes $350,000 to design specific renovations for Phase II of the Neighborhood Park Improvement Plan.

Staff estimated this budget prior to completing the community consultation process and receiving design recommendations from the initial consultant, BMLA. The renovations requested by the public and recommended by BMLA include new shade structures, restrooms, a parking lot, gazeebos, resilient playground surfacing, playground equipment and accessibility and lighting improvements. The proposers utilized this information to prepare their cost proposals which range from $451,180 to $580,575.

For the City Council’s reference, the cost proposals submitted by each firm are listed below:

Firm
Total
Points
% of
Total
Points
Cost
Proposal
RJM
Design
742 93% $518,163
BMLA 741 93% $580,575
Community
Works
Design
701 88% $562,320
Nuvis
Landscape
Architecture
662 83% $451,180
Staff believes that RJM’s proposal represents the best combination of technical expertise, experience and value. The selection panel awarded both RJM and BMLA 93% of the points possible yet RJM’s cost proposal is 12% lower than BMLA’s cost proposal. RJM also scored ten percentage points higher than the firm with the lowest cost proposal. Further, staff believes RJM’s cost proposal is appropriate based upon the scope of the renovations desired by the community and recommended by BMLA based on its analysis of the park sites.

Considering the ratings awarded to RJM by the Selection Committee, the completion of similar projects and positive reference checks, staff recommends the City Council award a contract to RJM for Final Design Services for Phase II of the Neighborhood Park Improvement Plan in the not-to-exceed amount of $518,163. If the City Council approves the contract, RJM will begin by conducting community design meetings in January and February of 2018 to discuss specific details and preliminary drawings for the proposed renovations. From these discussions, RJM will develop Conceptual Designs for each park that will be Attachment 1
Item: 13
95 presented to the Parks and Recreation Commission and City Council in April. It is anticipated that Final Designs will be complete by July and City staff will work with RJM to complete the renovations.

Alternatively, should the City Council wish to remain within the originally allocated design budget, options include, but are not limited to: (1) directing staff to revise the scope of services with RJM; (2) direct staff to repeat the procurement process with a revised scope of services; and (3) direct staff to reduce the number of parks to be renovated or reduce the type of renovations to be included in the project, or some combination thereof.

FISCAL IMPACT:

The FY 2017-19 Capital Improvement Budget includes $350,000 for the Phase II Neighborhood Park Improvement Plan design. Awarding an agreement to RJM will require additional funds be allocated to the CIP budget. Sufficient funds are available in the Park Development Fund to increase the appropriation by the required $168,163.

ATTACHMENTS:

1. Contract Agreement for Phase II of the Neighborhood Improvement Plan

2. Reference Check
Initiated By: Laura Lisack, Recreation Manager
Submitted By: Scott Wasserman, Director of Community Services Approved By: Debra Rose, City Manager
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REFERENCE CHECKS ~ Neighborhood Park Improvement Project – RJM Contact Information: Reference 1 Reference 2 Reference 3 Agency City of Mission Viejo City of Ontario City of Chino Hills Contact Title Director Director Director

Did you find the company to be: (Y=Yes; S=Somewhat; N=No; N/A= Not Applicable) Responsive? Yes Yes Yes
Cost Effective? Yes Yes Yes
Thorough? Yes Yes Yes
Did the company Meet or Exceed
Agency Expectations? Yes Yes Yes

Overall Satisfaction:

Would the Agency Hire the Company
Again? Yes Yes Yes

Additional Comments:

The City of Mission
Viejo has utilized RJM
for several park
projects and VERY
satisfied with their
finished designs.

Highly recommend.

Their design drawings
are very detailed and
complete.

The City of Ontario would
highly recommend RJM for
future park projects.

The City of Chino Hills
City holds RJM in high
regard. The Director
mentions that RJM
always has positive
forward thinking when
presenting designs. The
City is always very
happy with their work
and easy to work with.

Attachment 1
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Attachment 2
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(BB&K 2019)
55136.00200\31918793.1 -1-

CITY OF LAKE FOREST

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and RJM Design Group , Inc., a California corporation, with its principal place of business at 31591 Camino Capistrano, San Juan Capistrano, California 92675 ("Consultant").

City and Consultant are sometimes individ ually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional park design consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional park design consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional park design consulting services for the Neighborhood Park Improvement Plan Phase II project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional park design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 16, 2022 to February 15, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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(BB&K 2019)
55136.00200\31918793.1 -2-

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement . Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, offi cers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such person nel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, i ncome tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agree ment. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personne l, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Larry P. Ryan, Principal.

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3.2.5 City's Representative. The City hereby designates Thomas Wheeler, P.E.

Director of Public Works/ City Engineer, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Larry P. Ryan, Principal, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions Item: 13
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of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shor ing, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable pr ovisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to desig n and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:

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https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).asp

3.2.12.4 Standard of Care. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further represents that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associate d with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies descr ibed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed THIRTY THOUSAND DOLLARS ($30,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of C onsultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant s hall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business a nd at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the Item: 13
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submission of payroll records directly to the DIR.

3.5 Accounting Records.

3.5.1 Maintenance a nd Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provid e such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
ATTN: Larry P. Ryan, Principal
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its Item: 13
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applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input recor d data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant w hich is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary informati on ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation; Further Acts . The Parties shall fully co operate with one another, and shall take any additional acts or sign any additional documents as may be necessary, Item: 13
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appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of al l damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to emp loy other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, Item: 13
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hypothecates or transferees shall acquire no right or interest by reason of such att empted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and para graphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily give n or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and wa rrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it Item: 13
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Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
The Scope of Services includes the following tasks:

1. Bid Phase and Construction Support - The Consultant shall provide support during the bid and construction phases of proposed renovations at the following parks:
 Borrego Overlook Park
 Rancho Serrano Park
 Regency Park
 Sundowner Park
 Vintage Park
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Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.

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Exhibit “C”-1
EXHIBIT "C"

COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services, the not to exceed amount of thirty thousand dollars ($30,000).

Services will be billed at the following hourly rates:

Classification Hourly Rate
RJM Design Group
Principal Landscape Architect $175-$195
Associate Landscape Architect $160-$170
Landscape Architect $145-$155
Job Captain/Landscape Designer $130-$140
CADD Technician / Graphics $115-$125
Word Processor $85
civTEC (Civil Engineering)
Principal $185
Project Manager $150
Project Engineer $125
Project Surveyor $120
Design Engineer $100
Draftsperson $75
Project Assistant $60
2-Man Survey Crew $265
3-Man Survey Crew $345
Glasir Design (Irrigation Design)
Irrigation Design $110
Site Observation $135
Classification Hourly Rate
FBA Engineering (Electrical Engineering)
Principal – Project Director $210
Associate – Project Manager $160
Construction Support $135
Electrical Designer $110
CAD Designer $90
Technical Typist $50
Creative Recreation Systems
Playground Inspections $360 per site
Charges for reimbursable expenses and subconsultant services are billed at cost plus a 15% coordination fee.

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Exhibit “D”-1

EXHIBIT “D”

INSURANCE REQUIREMENTS

3.2.11 Insurance.

3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, t he Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liabili ty Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifi cally include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:

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Exhibit “D”-2

(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(C) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.11.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.11.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.2.11.6 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.11.7 Waiver of Subrogation . All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to Item: 13
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waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.11.8 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention.

3.2.11.9 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or e ndorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the ex piration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.11.10 Failure to Maintain Coverage . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the req uired coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.11.11 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.11.12 Enforcement of Agreement Provisions (non estoppel) .

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.11.13 Requirements Not Limiting . Requirement of specif ic coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.11.14 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Item: 13
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subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Co nsultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Manager
SUBJECT:

AMERICAN RESCUE PLAN ACT GRANT PLAN IMPLEMENTATION UPDATE RECOMMENDED ACTION(S):

1. Receive and file an update related to the City's progress in implementing the American Rescue Plan Act Grant Plan.

2. Affirm the Spending Categories and Budgets Established by the American Rescue Plan Act Grant Plan.

3. Affirm the City’s Intent to Accept the $10 Million Standard Allowance Provided by the American Rescue Plan Act Final Rule.

EXECUTIVE SUMMARY:

On August 17, 2021, the City Council approved the City’s American Rescue Plan Act Grant Programmatic Spending Plan (“ARPA Grant Plan”)(Attachment 1).

The City Council also approved two resolutions (Resolutions No. 2021-29 and No. 2021-30) which formally established ARPA Grant Plan budget allocations and authorized the City Manager to administer funds. The adopted ARPA Grant Plan includes $12,774,385 in funding directed at local business assistance, personnel rehiring, and administrative cost recovery. The plan includes among other items $3,803,350 in economic assistance for restaurants, $2,500,000 in assistance for hotels, and $2,000,000 in assistance for other impacted industries.

Since the passage of the ARPA Grant Plan, staff have worked with the City Council Audit Committee (“Audit Committee”) and the American Rescue Plan Act (“ARPA”) Working Group to develop programs that comply with ARPA guidelines and fall within the program budgets identified by the ARPA Grant Plan.

On January 6, 2022, the U.S. Department of the Treasury (“Treasury”) issued the finalized regulations related to the programming of ARPA funds. Commonly referred to as the “Final Rule,” these finalized regulations provide municipalities the option to select a “standard allowance” of $10 million to be applied towards revenue loss (Attachment 2). If selected, the standard allowance amount could be applied towards general government operations costs, such as the provision of public safety, administrative, and other traditional government services.

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Before the Final Rule was issued by Treasury, cities were required to calculate revenue loss through a Treasury-prescribed formula. The City of Lake Forest, and many other cities throughout the country with similar revenue systems, did not have qualifying revenue loss per this formula. As a result, Lake Forest was required to follow the most restrictive regulatory route provided by ARPA, which presents great difficulty in designing economic development programs that attract interest from local businesses.

On January 21, 2022, the ARPA Working Group received a presentation from staff describing the impact that selecting the standard allowance would have on the implementation of the City’s ARPA Grant Plan. In summary, accepting the standard allowance would enable the City to implement the economic development programs in the ARPA Grant Plan more quickly and effectively, while reducing the administrative burden of the effort. While this approach allows the City to develop economic assistance programs with greater flexibility, all programs will still be subject to the City’s traditional procurement and budgeting procedures, including the annual comprehensive audit. The ARPA Working Group concurred with staff’s recommendation to accept the standard allowance.

By accepting the standard allowance, the economic development programs, and part of the staff retention program described in the ARPA Grant Plan will be funded via the City’s General Fund. Staff recommends the City Council affirm the spending categories and budgets established by the ARPA Grant Plan. Staff also recommends the City Council affirm the acceptance of the $10 million standard allowance provided by the Final Rule and apply up to $10 million towards general government services.

As the ARPA grant program continues to evolve, staff will update the City Council on implementing the adopted plan and any potential future amendments to the plan.

BACKGROUND:

On August 17, 2021, the City Council approved the ARPA Grant Plan (Attachment 1). The ARPA Grant Plan serves as the City’s blueprint for the programming and expenditure of the City’s $12,774,385 ARPA allocation. Table 1 below includes the program categories and their associated budgets.

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Table 1: ARPA Grant Plan Budget Allocations
Category ARPA Allocation
Restaurant Industry Assistance $3,803,350 (30%)
Hotel Industry Assistance $2,500,000 (20%)
Other Impacted Industry
Assistance
$2,000,000 (16%)
Personnel Rehiring $3,193,596 (25%)
Administrative Costs $1,277,439 (10%)
Total ARPA Grant $12,774,385 (100%)
The spending restrictions related to ARPA are detailed in the Interim Final Rule (“IFR”). The IFR was a temporary collection of regulations in effect before the issuance of the Final Rule on January 6, 2022. The IFR provided two pathways for municipalities to program and spend ARPA funds, as summarized below. (1) Programmatic Spending Route – For all ARPA grant funds not accounted for through the revenue loss calculation formula prescribed by Treasury, recipient municipalities must follow the programmatic spending route. All programmatic spending must comply with program requirements Treasury established for specific categories. For example, programmatic spending on economic development assistance for non-hospitality industries are subject to specific economic loss thresholds, requirements to document that loss, and restrictions related to how economic assistance funds are spent. The compliance burden of programmatic spending is onerous, both on the municipalities administering funds and businesses or other entities receiving assistance.
(2) Revenue Loss Spending Route – For all ARPA grant funds accounted for through the revenue loss calculation formula prescribed by Treasury, recipient municipalities can apply these funds towards general government service costs. General government services include public safety, general government administration, and other traditional functions of local government. The compliance burden for revenue loss spending is relatively modest compared to the programmatic spending route, but still subject to local financial regulations and policies.

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Since the passage of the ARPA Grant Plan, staff have worked with the Audit Committee and the ARPA Working Group to develop spending programs for each of the three economic development categories. The ARPA Working Group is made up of staff leading the ARPA Grant Program rollout, Mayor Pro Tem Cirbo, and Council Member Tettemer. On December 13, 2021, the City issued a Request for Proposals (“RFP”) for American Rescue Plan Act Administration Services. The intent of the RFP is to secure consultant support to help develop and administer programs in each of the three economic development categories of the ARPA Grant Plan, including the associated complex reporting documentation required by Treasury.

On January 18, 2022, the City Council approved the City’s 2022 Legislative Platform. The 2022 Legislative Platform includes the following new legislative priority for the City:
“21. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with COVID-

19.”
On January 6, 2022, Treasury released the ARPA Final Rule. The Final Rule provides the City with the option to achieve revenue loss by accepting a $10 million standard allowance (Attachment 2). Treasury redesigned the revenue loss calculation method in response to a high volume of requests from municipalities across the country that faced great difficulty in spending ARPA funds efficiently. The Final Rule provides the City the opportunity to achieve flexibility in designing programs in accordance with the intent of the ARPA Grant Plan, which satisfies the desire laid out by priority number 21 of the City’s 2022 Legislative Platform.

DISCUSSION:

On January 31, 2022, staff submitted a quarterly report to Treasury which recorded the City’s desire to accept the $10 million standard allowance and apply funds received towards the City’s general government services costs. This approach is in full compliance with Federal regulations related to the use of ARPA funding.

In addition, the City now has greater flexibility in designing programs for the three economic development categories of the ARPA Grant Plan (Restaurant, Hotel, and Other Impacted Industry Assistance). Staff plan to complete the procurement process for the ARPA consultant by the spring of this year.

Following authorization of an agreement with the consultant, the City Council will have the opportunity to consider specific assistance programs for each economic development category in the ARPA Grant Plan.

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While the standard allowance provided by the Final Rule allows the City to develop economic assistance programs with greater flexibility, all programs will still be subject to the City’s traditional procurement and budgeting procedures, including the annual comprehensive audit. Also, staff still plan to develop programs that are generally consistent with the intent of the ARPA, which is to mitigate the economic damage caused by COVID-19. Businesses will still be required to document the negative impact they experienced by providing appropriate financial records to the City and the ARPA consultant. Since the compliance burden afforded by the Final Rule is lower, the City will require less consultant resources for Treasury compliance.

Beyond receiving this report, staff recommends the City Council affirm the spending categories and budgets established by the ARPA Grant Plan. Staff also recommend the City Council affirm the acceptance of the $10 million standard allowance provided by the Final Rule. The City will apply these funds to recent and future costs incurred by the provision of general government services in accordance with the Final Rule. As the ARPA grant program continues to evolve, staff will update the City Council on implementing the adopted plan and any potential future amendments to the plan.

FISCAL IMPACT:

Utilizing the standard allowance in accordance with the ARPA Final Rule allows the City to fund general government services. This approach also makes up to $10 million available in the City’s General Fund to be used for hotel recovery, restaurant recovery and other impacted industries assistance as outlined in the City’s adopted ARPA Grant Plan.

ATTACHMENTS:

1. American Rescue Plan Act Grant Plan

2. Overview of the Final Rule
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
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Coronavirus State & Local
Fiscal Recovery Funds:

Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
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The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions.

The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program.

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Contents
Introduction .................................................................................................................................................. 4 Overview of the Program.............................................................................................................................. 6 Replacing Lost Public Sector Revenue .......................................................................................................... 9 Responding to Public Health and Economic Impacts of COVID-19............................................................. 12 Responding to the Public Health Emergency.......................................................................................... 14 Responding to Negative Economic Impacts............................................................................................ 16 Assistance to Households ................................................................................................................... 17 Assistance to Small Businesses ........................................................................................................... 21 Assistance to Nonprofits ..................................................................................................................... 23 Aid to Impacted Industries.................................................................................................................. 24 Public Sector Capacity............................................................................................................................. 26 Public Safety, Public Health, and Human Services Staff ..................................................................... 26 Government Employment and Rehiring Public Sector Staff............................................................... 27 Effective Service Delivery.................................................................................................................... 28 Capital Expenditures ............................................................................................................................... 30 Framework for Eligible Uses Beyond those Enumerated ....................................................................... 32 Premium Pay ............................................................................................................................................... 35 Water & Sewer Infrastructure .................................................................................................................... 37 Broadband Infrastructure ........................................................................................................................... 39 Restrictions on Use ..................................................................................................................................... 41 Program Administration ............................................................................................................................. 43 Item: 14
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Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to:

Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
Maintain vital public services, even amid declines in revenue, and Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.

EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water.

As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders.

KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below.

Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation.

Recipients that select the standard allowance may use that amountin many cases their full awardfor government services, with streamlined reporting requirements.

Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.

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In addition, the final rule provides an expanded set of households and communities that are presumed by the pandemic, thereby allowing recipients to
provide responses to a broad set of households and entities without requiring additional analysis.

Further, the final rule provides a broader set of uses available for these communities as part of COVID- 19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.

Further, the final rule allows for a broader set of uses to restore and support government employment, -pandemic baseline, providing funds to employees that
experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.

Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.

Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.

FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program. ,
even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule website, for more information on compliance with the interim final rule and the final rule.

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Overviewof the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific.

Recipients may use SLFRF funds to:

Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic.

Recipients may determine their revenue loss by choosing between two options:

A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program;
each year
formula, which compares actual revenue to a counterfactual trend.

Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise.

Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector.

Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic.

To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts.

Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence.

Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits.

Each category includes assistance forand
classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities.

To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services.

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Eligible uses for assistance to impacted households include aid for re- employment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses.

Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses.

Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis.

Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule.

Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts.

Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors.

Recipients may provide premium pay to eligible workers generally those working in- person in key economic sectors who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work.

Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet.

Recipients may fund a broad range of water and sewer projects, including those eligible under the Clean Water State Revolving Fund, Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units.

Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program.

While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include:

For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law.

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For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability.

For all recipients:No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations.

Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF
In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fundto fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund most vulnerable homeowners; the Emergency Rental Assistance Programto assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiativeto fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information.

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Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for government servicesin an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency.

Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements.

In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services.

DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made.

1. standard allowance$10 million to spend on government services through the period of performance.

Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss
All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase total allocation.

2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule.

Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule.

To calculate revenue loss at each of these dates, recipients must follow a four-step process:

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a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date:

The growth adjustment is the greater of either a standard growth rate5.2 percentor average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date.

Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022.

Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenueminus actual revenue(adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.

Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date.

The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section.

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SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any servicetraditionally provided by a government, unless Treasury has stated otherwise.Here are some common examples, although this list is not exhaustive:

Construction of schools and hospitals
Road building and maintenance, and
other infrastructure
Health services
General government administration,
staff, and administrative facilities
Environmental remediation
Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.

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12 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts.

The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories:
public health,
assistance to households,
assistance to small businesses,
assistance to nonprofits,
aid to impacted industries, and
public sector capacity.

In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted.

To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a non- exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or of beneficiaries that experienced pandemic impacts and provide services to those classes. 1However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section.

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13 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
Types of responses can include a
program, service, or capital
expenditure
Response should be related and
reasonably proportional to the harm
Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact.2Then, recipients should refer to the relevant section for more details on each sub-category.

While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition:

Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category.

Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section onFramework for
2For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the -
receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact.

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14 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations.

COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include:

Vaccination programs, including vaccine
incentives and vaccine sites
Testing programs, equipment and sites
Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
Public communication efforts
Public health data systems
COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
Medical and PPE/protective supplies
Support for isolation or quarantine
Ventilation system installation and
improvement
Technical assistance on mitigation of
COVID-19 threats to public health and
safety
Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
Public telemedicine capabilities for COVID-
19 related treatment
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15 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including:

Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
Emergency medical response expenses
Treatment of long-term symptoms or effects
of COVID-19
Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services.
behavioral health and recipients can provide these services to the general public to respond.

Enumerated eligible uses include:

Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
Enhanced behavioral health services in
schools
Services for pregnant women or infants
born with neonatal abstinence
syndrome
Support for equitable access to reduce
disparities in access to high-quality
treatment
Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
Behavioral health facilities & equipment
Preventing and responding to violence. Recognizing that violence and especially gun violence has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through:

Referrals to trauma recovery services for
victims of crime
Community violence intervention
programs, including:

Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
In communities experiencing increased
gun violence due to the pandemic:

Law enforcement officers focused
on advancing community policing
Enforcement efforts to reduce gun
violence, including prosecution
Technology & equipment to support
law enforcement response
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16 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery.

The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as households, communities, small businesses, and nonprofits.

At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre- existing disparities exacerbated the impact of the pandemic. The final rule describes these as y households, communities, small businesses, and nonprofits.

To simplify administration of the program, the final rule presumes that certain populations were and by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a non- exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule.

As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses.

However, note that the final rule maintains that general infrastructure projects, including roads, streets, and surface transportation infrastructure, would generally not be eligible under this eligible use category, unless the project responded to a specific pandemic public health need or a specific negative economic impact. Similarly, general economic development or workforce developmentactivities that do not respond to negative economic impacts of the pandemic but rather seek to more generally enhance the business climatewould generally not be eligible under this eligible use category.

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17 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:

Low- or-moderate income households or
communities
Households that experienced
unemployment
Households that experienced increased
food or housing insecurity
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the areamedian income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible.

Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts .
3For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year.

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18 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities:

Food assistance & food banks
Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
Health insurance coverage expansion
Benefits for surviving family members of
individuals who have died from COVID-19
Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newly-
employed workers, subsidized employment,
grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
Financial services for the unbanked and
underbanked
Burials, home repair & home weatherization
Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
Cash assistance
Paid sick, medical, and family leave programs
Assistance in accessing and applying for
public benefits or services
Childcare and early learning services, home
visiting programs, services for child welfare-
involved families and foster youth & childcare
facilities
Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
Certain contributions to an Unemployment
Insurance Trust Fund4
4Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement).

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19 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the pandemic:

Low -income households and communities
Households residing in Qualified Census
Tracts
Households that qualify for certain federal
5benefits
Households receiving services provided by
Tribal governments
Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond.
5These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year
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20 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities:

Pay for community health workers to help
households access health & social services
Remediation of lead paint or other lead
hazards
Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
Investments in neighborhoods to promote
improved health outcomes
Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
Schools and other educational equipment &
facilities
7Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds.

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21 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded theeffects.

Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition ofspecifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees establishedby the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8(which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:

Decreased revenue or gross receipts
Financial insecurity
Increased costs
Capacity to weather financial hardship
Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:

Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
815 U.S.C. 632.

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22 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Small businesses operating in Qualified
Census Tracts
Small businesses operated by Tribal
governments or on Tribal lands
Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:

Rehabilitation of commercial properties,
storefront improvements & façade
improvements
Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
Support for microbusinesses, including
financial, childcare, and transportation costs
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23 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Nonprofits
Nonprofits have faced significant challenges due to theincreased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees.

Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition ofspecifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations.

Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:

Decreased revenue (e.g., from donations
and fees)
Financial insecurity
Increased costs (e.g., uncompensated
increases in service need)
Capacity to weather financial hardship
Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses:

Loans or grants to mitigate financial
hardship
Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:

Nonprofits operating in Qualified Census
Tracts
Nonprofits operated by Tribal
governments or on Tribal lands
Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts.

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24 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.

Recipients should first designate an impacted industry and then provide aid to address the impacted negative economic impact.

This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services.

1. Designating an impacted industry. There are two main ways an industry can be designated as

1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.

2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9or
b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency.

Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted.

2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs.
9 and the national Leisure & Hospitality sector in the three months before the pandemic (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry.

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25 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Treasury recognizes the enumerated projects below as eligible responses to impacted industries.

Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
Technical assistance, counseling, or
other services to support business
planning
COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated.

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26 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports -19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.

Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, time spent responding to COVID-19. Recipients should follow the steps below.

1. Identify eligible public safety, public health, and human services staff. Public safety staff include:

Police officers (including state police
officers)
Sheriffs and deputy sheriffs
Firefighters
Emergency medical responders
Correctional and detention officers
Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:

Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:

Employees providing or administering
social services and public benefits
Child welfare services employees
Child, elder, or family care employees

2. Assess portion of time spent on COVID-19 response for eligible staff. to COVID-19, including using reasonable estimatessuch as estimating the share of time based on discussions with staff and applying that share to all employees in that position.

For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the Item: 14
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27 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
-
dedicated to responding to COVID-19.

Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours.

3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of spent on COVID-19 response, as calculated above, through the period of performance.

Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention.

Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance.

If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps:
a. Identify the on January 27, 2020. This includes all
budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted pre- pandemic baseline.
c. Identify the March 3, 2021, which is the beginning
of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEsfrom the adjusted pre-pandemic baselineto calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic.

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Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs).

Supporting and retaining public sector workers.Recipients can also use funds in other ways that support the public sector workforce.10These include:
o Providing additional funding for employees who experienced pay reductions or were furloughed
taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in compensationto persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met.

Covering administrative costs associated with administering the hiring, support, and retention programs above.

Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include:

Supporting program evaluation, data, and outreach through:
10Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses.

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Program evaluation and evidence
resources
Data analysis resources to gather,
assess, share, and use data
Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
Community outreach and engagement
activities
Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
Addressing administrative needs, including:

Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic.

Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds.

Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class.

For ease of administration, the final rule identifies enumerated types of capital expenditures that the applicable sub-
category of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre- approval is required for capital expenditures.
(with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically:

If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to TreasuryWritten Justification required and recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:

Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected.

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Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate.

Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures.

Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets.

Treasury presumes that the following capital projects are generally ineligible:

Construction of new correctional
facilities as a response to an increase in
rate of crime
Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible:

Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
Types of responses can include a
program, service, or capital
expenditure
Response should be related and
reasonably proportional to the harm
Response should also be reasonably
designed to benefit impacted
individual or class

1. Identify a COVID-19 public health or negative economic impact on an individual or a class. -19 public health emergency or its negative economic impacts as well as the specific impact itself.
consequences of the economic disruptions resulting from or exacerbated by the COVID- 19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic.
public health or economic outcomes from the pandemic; Treasury recognizes that pre- existing disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic.

The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance).

Recipients also have broad flexibility to identify a class or a group of households, small businesses, or nonprofits that experienced an impact. In these cases, the recipients should Item: 14
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first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area.

Recipients should keep the following considerations in mind when designating a class:

There should be a relationship between the definition of the class and the proposed response.Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms.

Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood.

Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients:
o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources.
o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases.

Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups.

Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services.

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the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.

For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic.

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Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program.

Recipients should undergo the following steps to provide premium pay to eligible workers.

1. Identify an eligibleworker. Eligible workers include eligible:

Health care
Emergency response
Sanitation, disinfection & cleaning
Maintenance
Grocery stores, restaurants, food
production, and food delivery
Pharmacy
Biomedical research
Behavioral health
Medical testing and diagnostics
Home and community-based health care
or assistance with activities of daily living
Family or child care
Social services
Public health
Mortuary
Critical clinical research, development,
and testing necessary for COVID-19
response
State, local, or Tribal government
workforce
Workers providing vital services to
Tribes
Educational, school nutrition, and other
work required to operate a school
facility
Laundry
Elections
Solid waste or hazardous materials
management, response, and cleanup
Work requiring physical interaction with
patients
Dental care
Transportation and warehousing
Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions.

2. Verify that the eligible worker performs essential work,meaning work that:

Is not performed while teleworking from a residence; and Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by, patients, the public, or coworkers of the individual that is performing the work.

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3. COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways:

Eligible worker receiving premium pay is earning (with the premium included) at or below defined by the Bureau of Labor StatisticsOccupational Employment and Wage Statistics, whichever is higher, on an annual basis; or
Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or
If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential workers duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff.

Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers.

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37 U.S. DEPARTMENT OF THE TREASURY
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Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.

Recipients may undertake the eligible projects below:

PROJECTS ELIGIBLE UNDER
Eligible projects under the CWSRF, and the final rule, include:

Construction of publicly owned
treatment works
Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
Management and treatment of
stormwater or subsurface drainage
water
Water conservation, efficiency, or
reuse measures
Development and implementation of a
conservation and management plan
under the CWA
Watershed projects meeting the
criteria set forth in the CWA
Energy consumption reduction for
publicly owned treatment works
Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRFfor a full list of eligibilities.

Eligible drinking water projects under the DWSRF, and the final rule, include:

Facilities to improve drinking water
quality
Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
Storage of drinking water, such as to
prevent contaminants or equalize
water demands
Purchase of water systems and
interconnection of systems
New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRFfor a full list of eligibilities.

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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projectssuch as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs beyond the CWSRF and DWSRF, if they are found to be final rule and outlined below.

Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.

Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess cost- effectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

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39 U.S. DEPARTMENT OF THE TREASURY
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Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake.

Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments.

BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure project:

1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment.

Recipients have broad flexibility to define need in their community. Examples of need could include:

Lack of access to a reliable high-speed
broadband connection
Lack of affordable broadband
Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams.

2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds.

Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives.

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3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either:

Affordable
Connectivity Program (ACP)
Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs.

CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

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Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply.

OFFSET A REDUCTION IN NET TAX REVENUE
States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury.

DEPOSITS INTO PENSION FUNDS
No recipients except Tribal governments may use this funding to make a deposit to a pension fund.
purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:

Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
Occur at the regular time for pension
contributions but is larger than a regular
payment would have been

ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:

No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds).

No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.

However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs.

Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that Item: 14
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undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights).

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Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions.

TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.

TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the localitaward and increase the state award amounts.

LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions.

NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
F revenue loss sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the non- and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.

SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.

ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs.

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REPORTING, COMPLIANCE & RECOUPMENT
Compliance and Reporting Guidance, which includes
submitting mandatory periodic reports to Treasury.

Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.

REVISIONS TO THE OVERVIEW OF THE FINAL RULE:

January 18, 2022 (p. 4, p. 16): Clarification that the revenue loss $10 million under the Replacing Lost Public Sector Revenue eligible use category; addition of further information on the eligibility of general infrastructure, general economic development, and worker development projects under the Public Health and Negative Economic Impacts eligible use category.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: City Clerk
SUBJECT:

REDISTRICTING PUBLIC HEARING NO. 3
RECOMMENDED ACTION(S):

1. Conduct Public Hearing No. 3 at a time certain of 6:45 p.m.

2. Receive a presentation from Bear Demographics and Research, LLC on the Proposed Draft Map.

3. Select one of the Draft or Public Maps.

4. Direct staff to return to the City Council on March 15, 2022 with an ordinance adopting the new district boundaries.

EXECUTIVE SUMMARY:

On January 26, 2022, the City Clerk held another public community workshop on redistricting. Video recordings of both public workshops are available on the City’s Redistricting 2021 webpage, which is located at:
https://lakeforestca.gov/Redistricting.

Tonight is the third public hearing to discuss realignment of the Lake Forest City Council Districts and will occur at 6:45 p.m. during the regularly scheduled City Council meeting. The City’s demographer, Andrew Westall of Bear Demographics and Research, LLC (“BDR”) will be present to review the two draft maps introduced to the City Council on January 4, 2022 (Attachments 1 and 2).

Mr. Westall will also introduce the four potential maps received by members of the public since January 4, 2022 (Attachments 3-6). Maps submitted by the public are considered “potential maps” until they have been considered by the City Council during a public hearing. Once potential maps are considered, they are referred to as “draft maps.” Lastly, Mr. Westall will summarize the next steps of the redistricting process.

Staff recommends the City Council conduct this public hearing at a time certain of 6:45 p.m., receive a presentation from BDR related to the draft City Council district map, and provide comments on the map as presented.

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BACKGROUND:

Each city with district-based elections is required to realign the district boundaries every ten years following the receipt of updated population data from the U.S.

Census Bureau. Since the City of Lake Forest has district-based elections for five City Council Member seats, the City is required to realign the district boundaries prior to the 2022 General Election.

City Council Districts 2, 3 and 4 transitioned to districts in 2018. City Council Districts 1 and 5 transitioned to districts in 2020. Although the City established the district boundaries in 2018 for the November 2018 election, the boundaries are based on 2010 census data. The U.S. Census Bureau published the results of the 2020 Census in September of 2021. After analyzing the Census data, the City must realign the City Council district boundaries through the redistricting process to accommodate the demographic changes recorded in the 2020 Census.

On November 2, 2021, the City Council held its first public hearing without a map to receive input from the public regarding City Council district boundaries. During the November 2, 2021 City Council meeting, Andrew Westall of BDR provided a presentation that summarized the redistricting process. Mr. Westall also reviewed the overall population changes within the City according to the 2020 Census data and assessed the legal requirements under the FAIR MAPS Act that must be considered when drawing district boundaries. Also during the November 2, 2021 meeting, the City Council approved the timeline for the redistricting process.

Staff held community workshops at both the Foothill Ranch and El Toro libraries.

One workshop was held on Wednesday, December 15, 2021, at 4:30 p.m., at the Foothill Ranch Library and the second workshop was held on Wednesday, January 26, 2021, at 4:30 p.m., at the El Toro Library. During the community workshops, the City Clerk provided information on redistricting and guidance for drawing district boundary maps using the mapping software. During the community workshops, no members of the public provided maps for consideration.

DISCUSSION:

Tonight is the third public hearing for the 2021-2022 redistricting process. During this public hearing, BDR will introduce the two draft maps, and four potential maps received by members of the public. All maps have been posted on the Item: 15
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City’s redistricting webpage at https://www.lakeforestca.gov/1084/Redistricting--- 2021. Paper copies of the draft maps are available at the City Clerk’s Office.

Since the last public hearing held on January 4, 2022, the City Clerk’s Office has received an additional four maps from members of the public. The maps received by the public are referred to in this report as Public Submitted Map A -D and are attached to the staff report for reference (Attachments 3-6). The City Council has the discretion to consider and choose one of the maps before them this evening as the final district boundary map. Each of the maps attached to this report meet the legal requirements of the FAIR Maps Act.

Proposed District Boundary Maps for Consideration
During tonight’s public hearing, BDR will provide a presentation to the City Council and review the the two draft maps (these are the maps reviewed on January 4, 2022). He will also review the potential maps that have been received from members of the public since January 4, 2022.

Members of the public will have an opportunity to provide input regarding any of the maps before the City Council for consideration. Also, staff is requesting the City Council select a pre-final map of Lake Forest district boundaries. The introduction of a draft ordinance, which will include the new district boundary maps, is scheduled to take place during the fourth public hearing on Tuesday, March 15, 2022. The final reading of that ordinance is scheduled to take place on Tuesday, April 5, 2022. These dates were carefully selected to ensure the City completes the redistricting process before the official deadline, as a new district boundary map must be adopted by the City Council no later than April 17, 2022. Once the ordinance is adopted by the City Council and a second reading of the ordinance is held, the ordinance will take effect 30 days from the date of the second reading. The final map will be in effect in time for the 2022 General Municipal Election.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Draft Map 1

2. Draft Map 2

3. Public Submitted Map A

4. Public Submitted Map B
Item: 15
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5. Public Submitted Map C

6. Public Submitted Map D
Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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City of Lake Forest
Draft Map #1 12-20-21 Demographic Profile
Council District 1 2 3 4 5 Total
Total Population (Pop) 2020 Adjusted 17,569 16,780 16,890 17,703 17,023 85,965 Deviation 376 (413) (303) 510 (170) % Deviation 2.2% -2.4% -1.8% 3.0% 1.0% 5.4%
Latino 14.0% 19.7% 28.0% 24.3% 42.3% 25.6%
White 53.0% 44.6% 46.8% 53.1% 37.9% 47.2%
Black 2.0% 2.3% 2.8% 2.0% 1.7% 2.1%
American Indian 1.1% 0.8% 1.0% 0.8% 0.6% 0.9%
Asian 27.2% 30.5% 19.2% 17.7% 15.6% 22.0%
Hawaiian, Pacific Islander 0.3% 0.3% 0.3% 0.3% 0.4% 0.3% Other Race 1.8% 1.2% 1.2% 1.2% 1.2% 1.3%
Multi Minority Race 0.7% 0.6% 0.8% 0.6% 0.4% 0.6%
Voting Age Population (VAP) 2020 Adjusted 13,577 12,890 13,297 14,017 13,870 67,651 Latino 13.0% 18.2% 25.2% 21.8% 37.8% 23.3%
White 55.7% 47.2% 50.1% 56.7% 42.0% 50.4%
Black 1.8% 2.3% 2.7% 1.9% 1.6% 2.1%
American Indian 1.1% 0.9% 1.1% 0.8% 0.7% 0.9%
Asian 26.1% 29.6% 19.0% 17.1% 16.1% 21.4%
Hawaiian, Pacific Islander 0.2% 0.3% 0.3% 0.2% 0.4% 0.3% Other Race 1.6% 1.0% 1.2% 1.0% 1.1% 1.2%
Multi Minority Race 0.5% 0.5% 0.6% 0.5% 0.4% 0.5%
Citizen Voting Age Population (CVAP) 2019 13,145 9,274 11,183 13,227 11,889 58,717 Latino 9.2% 14.6% 17.4% 17.1% 25.8% 16.8%
White 64.3% 54.9% 64.3% 64.6% 54.4% 60.9%
Black 2.3% 6.8% 1.8% 0.3% 2.8% 2.6%
Asian 22.8% 22.7% 15.8% 16.0% 14.6% 18.3%
All Other 1.4% 1.0% 1.0% 2.0% 2.5% 1.6%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
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City of Lake Forest
Draft Map #1 12-20-21 Demographic Profile
Council District 1 2 3 4 5 Total
Total Households (By Household Income) 7,231 5,218 6,236 5,958 5,901 30,544 Less than $35,000 6.2% 12.8% 14.5% 7.8% 22.1% 12.4%
$35,000 to $75,000 15.3% 21.7% 22.3% 17.5% 28.4% 20.8%
$75,000 to $150,000 32.8% 30.9% 38.8% 32.2% 27.6% 32.6% $150,000 or more 45.8% 34.6% 24.4% 42.6% 22.0% 34.3%
Population 25 years and over (By Education Level)14,046 10,207 11,685 12,792 13,202 61,932 No High School Diploma 2.5% 3.6% 4.4% 6.9% 15.1% 6.6%
Diploma, No College Degree 25.2% 33.9% 39.5% 34.3% 42.1% 34.8% Any College Degree 72.4% 62.5% 56.1% 58.9% 42.8% 58.6%
Occupied Housing Units 7,231 5,218 6,236 5,958 5,901 30,544 Owner occupied 75.2% 63.6% 56.5% 81.2% 68.6% 69.3%
Renter occupied 24.8% 36.4% 43.5% 18.8% 31.4% 30.7%
Population 5 years and over (By Language Spoken at
Home) 19,481 12,676 15,036 17,273 17,119 81,585 English only 64.6% 65.8% 69.4% 71.8% 55.4% 65.3%
Spanish 5.0% 10.2% 12.3% 17.0% 29.3% 14.8%
Asian and Pacific Island languages 19.2% 16.9% 9.2% 7.7% 12.7% 13.2% Other Indo-European languages 11.2% 7.1% 9.2% 3.6% 2.6% 6.7% Population With Poverty Status Determined (by Poverty
Status and Age) 21,181 13,904 16,194 18,463 17,713 87,455 Income Below Poverty Level Past 12 Months 3.7% 6.3% 7.3% 3.7% 14.9% 7.0% Income At or Above Poverty Level Past 12 Months96.3% 93.7% 92.7% 96.3% 85.1% 93.0% 2019 ACS Reformatted Tables -Tract Tabulation
2019 ACS Reformatted Tables -Block Group Tabulation
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City of Lake Forest
Draft Map #2 Demographic Profile
Council District 1 2 3 4 5 Total
Total Population (Pop) 2020 Adjusted 17,569 16,597 17,030 16,894 17,874 85,965 Deviation 376 (596) (163) (299) 682 % Deviation 2.2% -3.5% -0.9% -1.7% 4.0% 7.5%
Latino 14.0% 18.8% 26.6% 24.9% 43.0% 25.6%
White 53.0% 47.0% 47.3% 51.8% 37.1% 47.2%
Black 2.0% 2.3% 2.7% 2.1% 1.7% 2.1%
American Indian 1.1% 0.8% 0.9% 0.8% 0.6% 0.9%
Asian 27.2% 29.2% 20.2% 18.2% 15.6% 22.0%
Hawaiian, Pacific Islander 0.3% 0.3% 0.2% 0.3% 0.4% 0.3% Other Race 1.8% 1.1% 1.3% 1.2% 1.2% 1.3%
Multi Minority Race 0.7% 0.5% 0.8% 0.6% 0.4% 0.6%
Voting Age Population (VAP) 2020 Adjusted 13,577 12,766 13,376 13,418 14,514 67,651 Latino 13.0% 17.2% 23.9% 22.4% 38.5% 23.3%
White 55.7% 50.0% 50.4% 55.3% 41.2% 50.4%
Black 1.8% 2.3% 2.6% 2.0% 1.6% 2.1%
American Indian 1.1% 0.9% 1.0% 0.9% 0.7% 0.9%
Asian 26.1% 28.0% 20.0% 17.7% 16.1% 21.4%
Hawaiian, Pacific Islander 0.2% 0.3% 0.2% 0.2% 0.4% 0.3% Other Race 1.6% 0.9% 1.2% 1.0% 1.1% 1.2%
Multi Minority Race 0.5% 0.5% 0.6% 0.5% 0.4% 0.5%
Citizen Voting Age Population (CVAP) 2019 13,145 9,164 11,720 12,316 12,372 58,717 Latino 9.2% 13.3% 17.5% 17.0% 26.3% 16.8%
White 64.3% 60.8% 61.9% 63.7% 53.5% 60.9%
Black 2.3% 6.4% 2.1% 0.4% 2.7% 2.6%
Asian 22.8% 18.5% 17.9% 16.8% 15.1% 18.3%
All Other 1.4% 1.0% 0.9% 2.1% 2.5% 1.6%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
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City of Lake Forest
Draft Map #2 Demographic Profile
Council District 1 2 3 4 5 Total
Total Households (By Household Income) 7,231 5,042 6,265 5,865 6,140 30,544 Less than $35,000 6.2% 12.0% 12.5% 10.8% 21.4% 12.4%
$35,000 to $75,000 15.3% 20.2% 22.0% 18.9% 28.3% 20.8%
$75,000 to $150,000 32.8% 31.2% 37.3% 33.4% 27.8% 32.6% $150,000 or more 45.8% 36.7% 28.2% 36.9% 22.4% 34.3%
Population 25 years and over (By Education Level)14,046 9,647 12,346 12,161 13,732 61,932 No High School Diploma 2.5% 3.2% 4.3% 7.1% 14.9% 6.6%
Diploma, No College Degree 25.2% 32.9% 39.1% 34.8% 42.1% 34.8% Any College Degree 72.4% 63.9% 56.6% 58.1% 43.1% 58.6%
Occupied Housing Units 7,231 5,042 6,265 5,865 6,140 30,544 Owner occupied 75.2% 64.1% 59.8% 76.7% 69.1% 69.3%
Renter occupied 24.8% 35.9% 40.2% 23.3% 30.9% 30.7%
Population 5 years and over (By Language Spoken at
Home) 19,481 12,682 15,579 16,030 17,814 81,585 English only 64.6% 67.9% 69.1% 71.3% 55.4% 65.3%
Spanish 5.0% 8.5% 13.2% 17.0% 29.4% 14.8%
Asian and Pacific Island languages 19.2% 16.8% 9.2% 7.7% 12.5% 13.2% Other Indo-European languages 11.2% 6.9% 8.5% 4.1% 2.8% 6.7% Population With Poverty Status Determined (by Poverty
Status and Age) 21,181 13,913 16,755 17,151 18,456 87,455 Income Below Poverty Level Past 12 Months 3.7% 5.1% 7.7% 4.1% 14.5% 7.0% Income At or Above Poverty Level Past 12 Months96.3% 94.9% 92.4% 95.9% 85.5% 93.0% 2019 ACS Reformatted Tables -Tract Tabulation
2019 ACS Reformatted Tables -Block Group Tabulation
23 Item: 15
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MAP A
Item: 15
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District Population_B20 Deviation% Deviation LATPOP_B20% LATPOP_B20 WHIPOP_B20% WHIPOP_B20 BLAPOP_B20% BLAPOP_B20 AMIPOP_B20% AMIPOP_B20 1 17,555 362 2.11% 2,465 14.04% 9,327 53.13% 346 1.97% 182 1.04% 2 17,251 58 0.34% 3,188 18.48% 8,023 46.51% 404 2.34% 143 0.83% 3 16,390 -803 -4.67% 4,454 27.18% 7,805 47.62% 425 2.59% 153 0.93% 4 16,894 -299 -1.74% 4,210 24.92% 8,749 51.79% 359 2.13% 141 0.84% 5 17,875 682 3.97% 7,679 42.96% 6,638 37.13% 296 1.65% 114 0.64% Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 1 Item: 15
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District ASIPOP_B20% ASIPOP_B20 HPIPOP_B20% HPIPOP_B20 OTHPOP_B20% OTHPOP_B20 MMRPOP_B20% MMRPOP_B20 VAP_B20% VAP_B20 1 4,733 26.96% 47 0.27% 317 1.81% 138 0.79% 13,564 77.27% 2 5,170 29.97% 55 0.32% 189 1.1% 79 0.46% 13,252 76.82% 3 3,173 19.36% 32 0.2% 219 1.34% 129 0.79% 12,903 78.72% 4 3,071 18.18% 55 0.33% 201 1.19% 107 0.63% 13,418 79.42% 5 2,792 15.62% 64 0.36% 215 1.2% 78 0.44% 14,514 81.2%
Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 2 Item: 15
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District LATVAP_B20% LATVAP_B20 WHIVAP_B20% WHIVAP_B20 BLAVAP_B20% BLAVAP_B20 AMIVAP_B20% AMIVAP_B20 ASIVAP_B20% ASIVAP_B20 1 1,778 13.11% 7,563 55.76% 249 1.84% 147 1.08% 3,503 25.83% 2 2,234 16.86% 6,546 49.4% 319 2.41% 114 0.86% 3,817 28.8% 3 3,148 24.4% 6,561 50.85% 329 2.55% 129 1% 2,471 19.15% 4 2,999 22.35% 7,416 55.27% 269 2.01% 120 0.89% 2,375 17.7% 5 5,584 38.48% 5,984 41.23% 233 1.6% 102 0.7% 2,338 16.11% Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 3 Item: 15
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District HPIVAP_B20% HPIVAP_B20 OTHVAP_B20% OTHVAP_B20MMRVAP_B20% MMRVAP_B20 tcvap_D19% tcvap_D19 lcvap_D19% lcvap_D19 wcvap_D19 1 31 0.23% 222 1.64% 71 0.52% 13,995 103.18% 1,305 9.32% 8,836 2 44 0.33% 121 0.91% 57 0.43% 8,339 62.93% 1,126 13.5% 5,204 3 27 0.21% 158 1.22% 80 0.62% 11,694 90.63% 2,050 17.53% 7,231 4 27 0.2% 139 1.04% 73 0.54% 12,316 91.79% 2,098 17.03% 7,849 5 58 0.4% 161 1.11% 54 0.37% 12,372 85.24% 3,257 26.33% 6,614 Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 4 Item: 15
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District % wcvap_D19 bcvap_D19% bcvap_D19 acvap_D19% acvap_D19 aocvap_D19% aocvap_D19 1 63.13% 308 2.2% 3,328 23.78% 207 0
2 62.4% 573 6.87% 1,371 16.44% 73 0
3 61.84% 240 2.05% 2,088 17.85% 110 0
4 63.73% 48 0.39% 2,067 16.78% 253 0
5 53.45% 338 2.73% 1,864 15.06% 313 0
Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 5 Item: 15
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Total Population (Pop) 2020 Adjusted
Latino
White
Black
American Indian
Asian
Hawaiian, Pacific Islander
Other Race
PopulationB20
LATPOP_20
WHTPOP_20
BLKPOP_0
AINPOP_20
ASNPOP_20
HPIPOP_20
OTHPOP_20
MMRPOP_20 Multi Minority Race
VAP_B20 Voting Age Population (VAP) 2020 Adjusted
LATVAP_B20 Latino
WHTVAP_B20 White
BLKVAP_B20 Black
AINVAP_B20 American Indian
ASNVAP_B20 Asian
HPIVAP_B20 Hawaiian, Pacific Islander
OTHVAP_B20 Other Race
MMRVAP_B20 Multi Minority Race
tcvap_D19 Citizen Voting Age Population (CVAP)
lcvap_D19 Latino
wcvap_D19 White
bcvap_D19 Black
acvap_D19 Asian
aocvap_D19 All Other
27 Item: 15
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MAP B
Item: 15
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District Population_B20 Deviation% Deviation LATPOP_B20% LATPOP_B20 WHIPOP_B20% WHIPOP_B20 BLAPOP_B20% BLAPOP_B20 AMIPOP_B20% AMIPOP_B20 1 17,555 362 2.11% 2,465 14.04% 9,327 53.13% 346 1.97% 182 1.04% 2 17,251 58 0.34% 3,188 18.48% 8,023 46.51% 404 2.34% 143 0.83% 3 16,390 -803 -4.67% 4,454 27.18% 7,805 47.62% 425 2.59% 153 0.93% 4 16,894 -299 -1.74% 4,210 24.92% 8,749 51.79% 359 2.13% 141 0.84% 5 17,875 682 3.97% 7,679 42.96% 6,638 37.13% 296 1.65% 114 0.64% Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 1 Item: 15
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District ASIPOP_B20% ASIPOP_B20 HPIPOP_B20% HPIPOP_B20 OTHPOP_B20% OTHPOP_B20 MMRPOP_B20% MMRPOP_B20 VAP_B20% VAP_B20 1 4,733 26.96% 47 0.27% 317 1.81% 138 0.79% 13,564 77.27% 2 5,170 29.97% 55 0.32% 189 1.1% 79 0.46% 13,252 76.82% 3 3,173 19.36% 32 0.2% 219 1.34% 129 0.79% 12,903 78.72% 4 3,071 18.18% 55 0.33% 201 1.19% 107 0.63% 13,418 79.42% 5 2,792 15.62% 64 0.36% 215 1.2% 78 0.44% 14,514 81.2%
Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 2 Item: 15
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District LATVAP_B20% LATVAP_B20 WHIVAP_B20% WHIVAP_B20 BLAVAP_B20% BLAVAP_B20 AMIVAP_B20% AMIVAP_B20 ASIVAP_B20% ASIVAP_B20 1 1,778 13.11% 7,563 55.76% 249 1.84% 147 1.08% 3,503 25.83% 2 2,234 16.86% 6,546 49.4% 319 2.41% 114 0.86% 3,817 28.8% 3 3,148 24.4% 6,561 50.85% 329 2.55% 129 1% 2,471 19.15% 4 2,999 22.35% 7,416 55.27% 269 2.01% 120 0.89% 2,375 17.7% 5 5,584 38.48% 5,984 41.23% 233 1.6% 102 0.7% 2,338 16.11% Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 3 Item: 15
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District HPIVAP_B20% HPIVAP_B20 OTHVAP_B20% OTHVAP_B20MMRVAP_B20% MMRVAP_B20 tcvap_D19% tcvap_D19 lcvap_D19% lcvap_D19 wcvap_D19 1 31 0.23% 222 1.64% 71 0.52% 13,995 103.18% 1,305 9.32% 8,836 2 44 0.33% 121 0.91% 57 0.43% 8,339 62.93% 1,126 13.5% 5,204 3 27 0.21% 158 1.22% 80 0.62% 11,694 90.63% 2,050 17.53% 7,231 4 27 0.2% 139 1.04% 73 0.54% 12,316 91.79% 2,098 17.03% 7,849 5 58 0.4% 161 1.11% 54 0.37% 12,372 85.24% 3,257 26.33% 6,614 Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 4 Item: 15
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District % wcvap_D19 bcvap_D19% bcvap_D19 acvap_D19% acvap_D19 aocvap_D19% aocvap_D19 1 63.13% 308 2.2% 3,328 23.78% 207 0
2 62.4% 573 6.87% 1,371 16.44% 73 0
3 61.84% 240 2.05% 2,088 17.85% 110 0
4 63.73% 48 0.39% 2,067 16.78% 253 0
5 53.45% 338 2.73% 1,864 15.06% 313 0
Districts in Plan (5); Maximum (5)Mon Jan 24 11:47:39 2022 Page 5 Item: 15
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Total Population (Pop) 2020 Adjusted
Latino
White
Black
American Indian
Asian
Hawaiian, Pacific Islander
Other Race
PopulationB20
LATPOP_20
WHTPOP_20
BLKPOP_0
AINPOP_20
ASNPOP_20
HPIPOP_20
OTHPOP_20
MMRPOP_20 Multi Minority Race
VAP_B20 Voting Age Population (VAP) 2020 Adjusted
LATVAP_B20 Latino
WHTVAP_B20 White
BLKVAP_B20 Black
AINVAP_B20 American Indian
ASNVAP_B20 Asian
HPIVAP_B20 Hawaiian, Pacific Islander
OTHVAP_B20 Other Race
MMRVAP_B20 Multi Minority Race
tcvap_D19 Citizen Voting Age Population (CVAP)
lcvap_D19 Latino
wcvap_D19 White
bcvap_D19 Black
acvap_D19 Asian
aocvap_D19 All Other
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District Population_B20 Deviation% Deviation LATPOP_B20% LATPOP_B20 WHIPOP_B20% WHIPOP_B20 BLAPOP_B20% BLAPOP_B20 1 17,155 -38 -0.22% 2,503 14.59% 9,108 53.09% 388 2.26% 2 17,194 1 0.01% 3,261 18.97% 7,683 44.68% 343 1.99%
3 17,228 35 0.2% 4,582 26.6% 8,261 47.95% 492 2.86%
4 17,312 119 0.69% 3,977 22.97% 9,401 54.3% 341 1.97%
5 17,076 -117 -0.68% 7,673 44.93% 6,089 35.66% 266 1.56% Districts in Plan (5); Maximum (5)Wed Feb 9 14:50:55 2022 Page 1 Item: 15
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District AMIPOP_B20% AMIPOP_B20 ASIPOP_B20% ASIPOP_B20 HPIPOP_B20% HPIPOP_B20 OTHPOP_B20% OTHPOP_B20 MMRPOP_B20 1 170 0.99% 4,548 26.51% 46 0.27% 275 1.6% 117
2 153 0.89% 5,351 31.12% 51 0.3% 243 1.41% 109
3 167 0.97% 3,324 19.29% 45 0.26% 219 1.27% 138
4 140 0.81% 3,111 17.97% 56 0.32% 201 1.16% 85
5 103 0.6% 2,605 15.26% 55 0.32% 203 1.19% 82
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District % MMRPOP_B20 VAP_B20% VAP_B20 LATVAP_B20% LATVAP_B20 WHIVAP_B20% WHIVAP_B20 BLAVAP_B20% BLAVAP_B20 1 0.68% 13,257 77.28% 1,785 13.46% 7,413 55.92% 271 2.04% 2 0.63% 13,210 76.83% 2,324 17.59% 6,224 47.12% 277 2.1% 3 0.8% 13,541 78.6% 3,246 23.97% 6,941 51.26% 369 2.73% 4 0.49% 14,251 82.32% 2,918 20.48% 8,155 57.22% 276 1.94% 5 0.48% 13,392 78.43% 5,470 40.85% 5,337 39.85% 206 1.54% Districts in Plan (5); Maximum (5)Wed Feb 9 14:50:55 2022 Page 3 Item: 15
235
District AMIVAP_B20% AMIVAP_B20 ASIVAP_B20% ASIVAP_B20 HPIVAP_B20% HPIVAP_B20 OTHVAP_B20% OTHVAP_B20MMRVAP_B20% MMRVAP_B20 1 134 1.01% 3,373 25.44% 32 0.24% 185 1.4% 64 0.48%
2 131 0.99% 3,984 30.16% 39 0.3% 164 1.24% 67 0.51%
3 143 1.06% 2,565 18.94% 31 0.23% 161 1.19% 85 0.63%
4 119 0.84% 2,525 17.72% 44 0.31% 151 1.06% 63 0.44%
5 85 0.63% 2,057 15.36% 41 0.31% 140 1.05% 56 0.42%
Districts in Plan (5); Maximum (5)Wed Feb 9 14:50:55 2022 Page 4 Item: 15
236
District tcvap_D19% tcvap_D19 lcvap_D19% lcvap_D19 wcvap_D19% wcvap_D19 bcvap_D19% bcvap_D19 acvap_D19% acvap_D19 1 9,696 73.14% 868 8.95% 6,555 67.6% 212 2.19% 1,933 19.93% 2 12,663 95.86% 1,684 13.3% 6,950 54.89% 711 5.61% 3,157 24.93% 3 11,810 87.22% 1,979 16.76% 7,748 65.61% 178 1.51% 1,778 15.05% 4 13,499 94.72% 2,280 16.89% 8,828 65.4% 123 0.91% 2,139 15.84% 5 11,049 82.5% 3,024 27.36% 5,652 51.15% 283 2.56% 1,711 15.48% Districts in Plan (5); Maximum (5)Wed Feb 9 14:50:55 2022 Page 5 Item: 15
237
District aocvap_D19% aocvap_D19
1 114 1.18%
2 165 1.31%
3 147 1.24%
4 141 1.04%
5 388 3.52%
Districts in Plan (5); Maximum (5)Wed Feb 9 14:50:55 2022 Page 6 Item: 15
238
Total Population (Pop) 2020 Adjusted
Latino
White
Black
American Indian
Asian
Hawaiian, Pacific Islander
Other Race
PopulationB20
LATPOP_20
WHTPOP_20
BLKPOP_0
AINPOP_20
ASNPOP_20
HPIPOP_20
OTHPOP_20
MMRPOP_20 Multi Minority Race
VAP_B20 Voting Age Population (VAP) 2020 Adjusted
LATVAP_B20 Latino
WHTVAP_B20 White
BLKVAP_B20 Black
AINVAP_B20 American Indian
ASNVAP_B20 Asian
HPIVAP_B20 Hawaiian, Pacific Islander
OTHVAP_B20 Other Race
MMRVAP_B20 Multi Minority Race
tcvap_D19 Citizen Voting Age Population (CVAP)
lcvap_D19 Latino
wcvap_D19 White
bcvap_D19 Black
acvap_D19 Asian
aocvap_D19 All Other
27 Item: 15
239
Item: 15
240
Item: 15
241
District Population_B20 Deviation% Deviation LATPOP_B20% LATPOP_B20 WHIPOP_B20% WHIPOP_B20 BLAPOP_B20% BLAPOP_B20 1 17,683 490 2.85% 4,014 22.7% 8,917 50.43% 439 2.48%
2 17,177 -16 -0.09% 2,467 14.36% 7,738 45.05% 418 2.43% 3 16,729 -464 -2.7% 4,064 24.29% 8,254 49.34% 351 2.1%
4 17,197 4 0.02% 4,161 24.2% 9,091 52.86% 323 1.88%
5 17,179 -14 -0.08% 7,290 42.44% 6,542 38.08% 299 1.74% Districts in Plan (5); Maximum (5)Wed Feb 9 15:06:50 2022 Page 1 Item: 15
242
District AMIPOP_B20% AMIPOP_B20 ASIPOP_B20% ASIPOP_B20 HPIPOP_B20% HPIPOP_B20 OTHPOP_B20% OTHPOP_B20 MMRPOP_B20 1 169 0.96% 3,687 20.85% 33 0.19% 284 1.61% 140
2 162 0.94% 6,006 34.97% 53 0.31% 231 1.34% 102
3 157 0.94% 3,517 21.02% 59 0.35% 211 1.26% 116
4 136 0.79% 3,135 18.23% 53 0.31% 198 1.15% 100
5 109 0.63% 2,594 15.1% 55 0.32% 217 1.26% 73
Districts in Plan (5); Maximum (5)Wed Feb 9 15:06:50 2022 Page 2 Item: 15
243
District % MMRPOP_B20 VAP_B20% VAP_B20 LATVAP_B20% LATVAP_B20 WHIVAP_B20% WHIVAP_B20 BLAVAP_B20% BLAVAP_B20 1 0.79% 13,821 78.16% 2,832 20.49% 7,381 53.4% 333 2.41% 2 0.59% 13,057 76.01% 1,752 13.42% 6,213 47.58% 307 2.35% 3 0.69% 13,170 78.73% 2,916 22.14% 6,882 52.26% 275 2.09% 4 0.58% 13,623 79.22% 2,955 21.69% 7,680 56.38% 250 1.84% 5 0.42% 13,980 81.38% 5,288 37.83% 5,914 42.3% 234 1.67% Districts in Plan (5); Maximum (5)Wed Feb 9 15:06:50 2022 Page 3 Item: 15
244
District AMIVAP_B20% AMIVAP_B20 ASIVAP_B20% ASIVAP_B20 HPIVAP_B20% HPIVAP_B20 OTHVAP_B20% OTHVAP_B20MMRVAP_B20% MMRVAP_B20 1 147 1.06% 2,822 20.42% 32 0.23% 196 1.42% 78 0.56%
2 126 0.96% 4,409 33.77% 32 0.25% 160 1.23% 58 0.44%
3 133 1.01% 2,694 20.46% 41 0.31% 153 1.16% 76 0.58%
4 109 0.8% 2,392 17.56% 33 0.24% 135 0.99% 69 0.51%
5 97 0.69% 2,187 15.64% 49 0.35% 157 1.12% 54 0.39%
Districts in Plan (5); Maximum (5)Wed Feb 9 15:06:50 2022 Page 4 Item: 15
245
District tcvap_D19% tcvap_D19 lcvap_D19% lcvap_D19 wcvap_D19% wcvap_D19 bcvap_D19% bcvap_D19 acvap_D19% acvap_D19 1 10,923 79.03% 1,692 15.49% 7,370 67.47% 273 2.5% 1,474 13.49% 2 11,665 89.34% 1,220 10.46% 6,415 54.99% 399 3.42% 3,452 29.59% 3 11,233 85.29% 1,623 14.45% 7,103 63.23% 459 4.09% 1,966 17.5% 4 12,915 94.8% 2,198 17.02% 8,373 64.83% 52 0.4% 2,097 16.24% 5 11,981 85.7% 3,101 25.89% 6,472 54.02% 324 2.7% 1,728 14.42% Districts in Plan (5); Maximum (5)Wed Feb 9 15:06:50 2022 Page 5 Item: 15
246
District aocvap_D19% aocvap_D19
1 111 1.01%
2 184 1.58%
3 95 0.85%
4 200 1.55%
5 365 3.05%
Districts in Plan (5); Maximum (5)Wed Feb 9 15:06:50 2022 Page 6 Item: 15
247
Total Population (Pop) 2020 Adjusted
Latino
White
Black
American Indian
Asian
Hawaiian, Pacific Islander
Other Race
PopulationB20
LATPOP_20
WHTPOP_20
BLKPOP_0
AINPOP_20
ASNPOP_20
HPIPOP_20
OTHPOP_20
MMRPOP_20 Multi Minority Race
VAP_B20 Voting Age Population (VAP) 2020 Adjusted
LATVAP_B20 Latino
WHTVAP_B20 White
BLKVAP_B20 Black
AINVAP_B20 American Indian
ASNVAP_B20 Asian
HPIVAP_B20 Hawaiian, Pacific Islander
OTHVAP_B20 Other Race
MMRVAP_B20 Multi Minority Race
tcvap_D19 Citizen Voting Age Population (CVAP)
lcvap_D19 Latino
wcvap_D19 White
bcvap_D19 Black
acvap_D19 Asian
aocvap_D19 All Other
27 Item: 15
248

CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/15/2022
DEPARTMENT: Management Services
SUBJECT:
1ST AIR NAVAL GUNFIRE LIAISON COMPANY, UNITED STATES MARINE

CORPS, CAMP PENDLETON, ADOPTION DISCUSSION
RECOMMENDED ACTION(S):

Exercise City Council discretion regarding the support and/or adoption of the 1st Air Naval Gunfire Liaison Company (“ANGLICO”) of the United States Marine Corps based at Camp Pendleton.

EXECUTIVE SUMMARY:

At the City Council meeting on January 4, 2022, Mayor Pro Tem Cirbo received majority consensus from Mayor Pequeño and City Council Member Voigts to agendize a discussion on the potential adoption of the 1st ANGLICO of the United States Marine Corps, which is based at Camp Pendleton. Many communities form volunteer led adoption committees to provide support to service members and their families. The City Council previously adopted the 1st Law Enforcement Battalion (“1LEB"), United States Marine Corps, based out of Camp Pendleton in 2013. A Lake Forest United States Marine Corps Support Committee (“Support Committee”) comprised of community volunteers was established to coordinate support activities and fundraising.

The 1LEB was deactivated in 2020. In turn, the Support Committee was asked by Camp Pendleton administrative staff to support the United States Marine Corps 1st ANGLICO unit. On February 9, 2022, staff received a letter from the Support Committee requesting the City Council formally adopt 1st ANGLICO. In that letter, the Support Committee requests the ability to utilize meeting space on a regular basis and produce fundraising materials with the official City logo. This is the same accommodation the City provided the Support Committee in the past to facilitate fundraising and support efforts for the 1LEB.

The City Council may wish to adopt the 1st ANGLICO unit and continue its relationship with the Support Committee. Therefore, staff has provided background on past adoptions, how the City Council could move forward with an adoption process, and seeks City Council direction. Staff estimate the City’s cost to adopt the 1st ANGLICO would be similar to the costs incurred during the City’s Item: 16
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adoption relationship with the 1LEB, which was around $1,000 per year between staff time and facility use.

BACKGROUND:

The City Council adopted the 1st Law Enforcement Battalion (“1LEB”), United States Marine Corps, based at Camp Pendleton, at its meeting on September 17, 2013 via resolution (Attachment 1). 1LEB consisted of approximately 600 Marines and sailors engaged in providing law enforcement functions at Camp Pendleton, as well as deployable police services.

Adoption of the 1LEB resulted in supporting unit members and their families on an ongoing basis, both when stationed at Camp Pendleton or deployed abroad.

Typical support came in the form of assisting in the collection of items for care packages, conducting fundraising activities, or other actions. In return, the 1LEB participated in special events, senior dances, provided speakers when requested, and made the color guard available for public ceremonies and parades, including the City’s annual Fourth of July celebration. Staff time and financial costs to the City were minimal.

The Lake Forest United States Marine Corps Support Committee (“Support Committee”), a volunteer based 501 (c)(3) non-profit organization, was established to manage the relationship between residents, support organizations, and businesses of Lake Forest, and the members of the 1LEB and their families.

Formed upon the City Council’s adoption of the 1LEB in 2013, the Support Committee’s purpose was to plan events within the city, strengthening those ties.

The Support Committee met monthly at City Hall, free of charge.

The 1LEB was the final of three law enforcement battalions to deactivate in October 2020 as part of Force Design 2030. Force Design 2030 was an effort by the United States Marine Corps to adapt and remain combat relevant, with a focus on aviation and artillery, rather than infantry. Given the success and dedication of the Support Committee, Administrative Staff at Camp Pendleton reassigned them to support the United States Marine Corps 1st ANGLICO, which is also based in Camp Pendleton.

DISCUSSION:

At the City Council meeting on January 4, 2022, Mayor Pro Tem Cirbo received majority consensus from Mayor Pequeño and City Council Member Voigts to agendize a discussion on the potential adoption of the United States Marine Corps 1st ANGLICO (Attachment 2). With 163 members, the 1st ANGLICO specializes in combined arms, fire support, and communications capabilities to Item: 16
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support any assigned unit across the range of military operations. 1st ANGLICO has deployed with the Marine Expeditionary Unit (“MEU”), the Special Purpose Marine Air-Ground Task Forces (“SPMAGTF”), and other commands or major deployments, as directed.

Given that the previously adopted 1LEB was deactivated, the City Council may wish to consider adoption of another United States Marine Corps unit. The typical adoption process requires that the City Council approve a resolution stating its intent to adopt the unit. Following approval, the unit command and Support Group may schedule an official adoption ceremony. In 2013, a ceremony involving the 1LEB and elected officials was held at El Toro High School to mark the occasion, which was coordinated by the Support Committee.

Several local entities have adopted United States Marine Corps units, including the Cities of Laguna Hills, Mission Viejo, and Rancho Santa Margarita. The City of Mission Viejo supports its adopted unit through the coordination of care packages and toys for the troops and their families, paying for costs associated with a golf tournament fundraiser, organizing special events exclusively for the troops and their families, subsidizing costs for entry-level Marines to attend the Marine Corps Ball, and other efforts. In total, Mission Viejo contributes between $5,000-$10,000 a year to activities supporting its adopted unit. The City of Rancho Santa Margarita provides similar support to its adopted unit, resulting in approximately $2,500 - $5,000 per year in expenses. The City of Laguna Hills supports its adopted unit through its Memorial Day Half-Marathon, which results in direct costs of approximately $5,000 per year.

The Support Committee has provided staff a letter detailing its new role in supporting 1st ANGLICO and desire for the City Council to formally adopt them (Attachment 3). As such, the Support Committee would continue to work in conjunction with the City to provide support. This includes allowing the Support Committee to utilize a room in the Lake Forest Sports Park for its monthly meetings, as well as authorizing use of the City logo for fundraising efforts, organization website, and printed materials. Per the letter, support activities and the City’s interactions with 1st ANGLICO would remain very similar to the former 1LEB. As a result, staff projects this will result in approximately $1,000 per year of indirect costs, made up of staff time and facility use.

Staff recommends the City Council exercise discretion and direct staff with any potential next steps. Should the City Council direct staff to move forward with adopting 1st ANGLICO, staff will bring back a resolution at a future City Council meeting for formal adoption.

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FISCAL IMPACT:

The fiscal impact is dependent upon City Council discretion. If the City Council were to direct staff to move forward with adopting 1st ANGLICO, it is estimated that the City would annually incur approximately $1,000 of indirect expenses (facility use and staff time). Sufficient funds exist within the 2021-23 Operating Budget to cover this potential cost.

ATTACHMENTS:

1. 2013 Resolution Adopting the 1 st Law Enforcement Battalion, United States Marine Corps, Camp Pendleton

2. Excerpt from City Council Meeting Minutes, January 4, 2022

3. Letter from Lake Forest United States Marine Corps Support Committee Initiated By: Nicole Houston, Management Assistant
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
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Attachment 1
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Attachment 2
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LAKE FOREST CITY COUNCIL MINUTE EXCERPT PREPARED BY THE OFFICE OF THE CITY CLERK JANUARY 4, 2022
Page No. 1

MINUTE EXCERPT

LAKE FOREST REGULAR CITY COUNCIL MEETING
JANUARY 4, 2022
____________________________________________________________

COUNCIL COMMENTS:

Mayor Pro Tem Cirbo:

Mayor Pro Tem Cirbo received majority consensus to
discuss the possibility of adopting the Lake Forest
Marine Corp Support Committee which supports a unit
at Camp Pendleton referred to as 1st ANGLICO.

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Attachment 3
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