Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three- year period. The local government’s action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section.shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent (g) (i)(A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (b) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(i)(B) Except as provided in paragraph (g)(iiii), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(i)(C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (b).
(i)(D) A guideline that is adopted or amended by the Department of Housing and Community Development after a development is approved through the streamlined, ministerial approval process described in subdivision (b) shall not be used as a basis to deny proposed modifications.
(ii) Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. (iii) Notwithstanding paragraph (g)(i), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more. The Item: 12
243
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-17 ©Best Best & Krieger LLP calculation of the square footage of construction changes shall not include underground space.
(B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
The calculation of the square footage of construction changes shall not include underground space.
(C) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after first building permit application if agreed to by the development proponent.
(iv) The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification. (gh) (i ) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(ii) A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (b). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a “subsequent permit” means a permit Item: 12
244
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-18 ©Best Best & Krieger LLP required subsequent to receiving approval under subdivision (b), and includes, but is not limited to, demolition, grading, and building permits and final maps, if necessary. (hi) (i) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of Government Code section 65583.2(i). (ii) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Government Code section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(j) CEQA does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(i) Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (ii) Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (ik) For purposes of this section the following definitions shall apply:
(1)“Affordable housing cost” has the same meaning as set forth in section 50052.5 of the Health and Safety Code.
(2) (A) Subject to the qualification provided by subparagraph (B), “affordable rent” has the same meaning as set forth in Section 50063 of the Health and Safety Code.
(B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (k)(1), and Item: 12
245
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-19 ©Best Best & Krieger LLP “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(13) “Department” means the Department of Housing and Community Development.
(24) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section.
(35) “Completed entitlements” means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(46) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(7) “Moderate income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (58) “Production report” means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Government Code section 65400.
(9) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(610) “Subsidized” means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(711) “Reporting period” means either of the following:
(A) The first half of the regional housing needs assessment cycle. (B) The last half of the regional housing needs assessment cycle.
Item: 12
246
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-20 ©Best Best & Krieger LLP (812) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(l) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a “project” under CEQA.
(m) This section shall remain in effect until January 1, 2026. (Reference: Gov. Code, § 65913.4.)
b) MINISTERIAL APPROVAL PROCESS FOR URBAN LOT SPLITS AND HOUSING
DEVELOPMENTS WITH NO MORE THAN TWO RESIDENTIAL UNITS WITHIN A SINGLE-FAMILY RESIDENTIAL ZONE (SB 9)
(i) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, and shall therefore not be subject to CEQA, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel is not located on a site that is any of the following:
(a) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
(b) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
(c) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code—unless the parcel is a site excluded from the Item: 12
247
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-21 ©Best Best & Krieger LLP specified hazard zone by a local agency, or is a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
(d) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
(e) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, and by any local building department;
(f) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;
(g) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification;
(h) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resources protection plan;
(i) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; or lands under conservation easement; or (j) Lands under conservation easement.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
Item: 12
248
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-22 ©Best Best & Krieger LLP (a) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(b) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(c) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(a) If a local ordinance so allows; or
(b) The site has not been occupied by a tenant in the last three years (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
Other regulations governing the approval of a housing development under this section are set forth in Government Code section 65852.21(a). (ii) Notwithstanding any other provision of local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split—and such urban lot split shall therefore not be subject to CEQA—only if the local agency determines that the parcel map for the urban lot split meets all of the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) Both newly created parcels are no smaller than 1,200 square feet, except that a local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval.
(3) The parcel being subdivided meets all of the following requirements:
(a) The parcel is located within a single-family residential zone.
Item: 12
249
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-23 ©Best Best & Krieger LLP (b) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c) The parcel is not located on a site enumerated in Paragraph (a)(2) above.
(d) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights to withdraw
accommodations from rent or lease within 15 years before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three years.
(e) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(f) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(g) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
Other regulations governing the approval of an urban lot split under this section are set forth in Government Code section 65852.21(b).
Item: 12
250
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-24 ©Best Best & Krieger LLP c) APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER PARCEL IN CERTAIN CIRCUMSTANCES (SB 10) i) A local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. This subsection shall not apply to either of the following:
(1) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(2) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.
ii) An ordinance adopted in accordance with this section, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” under CEQA. iii) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from CEQA, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from CEQA. This subdivision, however, shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from CEQA. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section.
Other regulations governing the approval of an ordinance under this section are set forth in Government Code section 65913.5.
b)d) HOUSING SUSTAINABILITY DISTRICTS.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries. The general plan must contain seven mandatory elements, including a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Senate Bill 73 authorizes a city, county, or city and county, including a charter agency to establish by ordinance a housing sustainability district that meets specified requirements, including authorizing residential use Item: 12
251
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-25 ©Best Best & Krieger LLP within the district through the ministerial issuance of a permit. The agency is authorized to apply to the Department of Housing and Community Development for approval of a zoning incentive payment and requires the agency to provide specified information about the proposed housing sustainability district ordinance. The department is required to approve a zoning incentive payment if the ordinance meets the above-described requirements and the agency’s housing element is in compliance with specified law.
A city, county, or city and county with a housing sustainability district would be entitled to a zoning incentive payment, subject to appropriation of funds for that purpose, and require that 1/2 the amount be paid when the department approves the zone and 1/2 the amount paid when the department verifies that permits for the construction of the units have issued within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year. If the agency reduces the density of sites within the district from specified levels set forth in the Senate Bill 73, the agency would be required to return the full amount of zoning incentive payments it has received to the department. The bill also authorizes a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided.
As it relates specifically to CEQA, a lead agency designating a housing sustainability districts, is required to prepare an EIR pursuant to Government Code section 66201 to identify and mitigate, to the extent feasible, environmental impacts resulting from the designation. The EIR shall identify mitigation measures that may be undertaken by housing projects in the housing sustainability district to mitigate the environmental impacts identified in the EIR. Housing projects undertaken in the housing sustainability districts that meet specified requirements, including if the project satisfies certain design review standards applicable to development projects within the district provided the project is “complementary to adjacent buildings and structures and is consistent with the [agency’s] general plan” are exempt under CEQA. (Reference: Pub. Resources Code, § 21155.10, 21155.11.) c)e) INTERIM MOTEL HOUSING.
“Interim motel housing projects” are statutorily exempt from CEQA. A project is exempt from CEQA as an “interim motel housing project” where the project consists of the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing and the conversion meets at least one of the following conditions: (1) the conversion does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure; and (2) the conversion does not result in any significant effects relating to traffic, noise, air quality, or water quality.
If the City determines that a project is exempt from CEQA as an interim motel housing project, it must file a Notice of Exemption with the State Clearinghouse. (Reference: Pub. Resources Code, § 21080.50 [in effect until January 1, 2025].) Item: 12
252
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-26 ©Best Best & Krieger LLP d)f) SUPPORTIVE HOUSING AND “NO PLACE LIKE HOME”PROJECTS.
A decision by the City to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the “No Place Like Home Program” (set forth in Part 3.9 of Division 5 of the Welfare and Institutions Code, commencing with Section 5849.1) does not constitute a “project” under CEQA.
“Supportive housing” in areas where multifamily and mixed uses are permitted may be a “use by right” and thus exempt from CEQA if the supportive housing project meets certain criteria set forth in Government Code section 65651. A “supportive housing” project is a project that provides housing with no limit on length of stay, that is occupied by persons within the target population—i.e., persons with disabilities, families who are homeless, or homeless youth—and that is linked to onsite or offsite services that assist the supportive housing resident to retain housing, improve their health status, and maximize their ability to live and, when possible, work in the community. A policy by a city or county to approve as a use by right proposed housing developments with a limit higher than 50 units does not constitute a “project” under CEQA. To see the requirements of the exemptions relating to supportive housing, please see Government Code section 65651.
If a No Place Like Home project is not exempt from CEQA under Government Code section 65651, the development applicant may request, within 10 days after the City determines the type of environmental documentation required for the project under CEQA, that the City prepare and certify the record of proceeding for the environmental review of the No Place Like Home project in accordance with Public Resources Code section 21186.
If the City approves or determines to carry out a No Place Like Home project that is subject to CEQA, the City shall file a notice of that approval or determination in accordance with the requirements of Public Resources Code section 21151, subdivision (a), except that the Notice of Determination shall be filed within two working days after the approval or determination becomes final. Likewise, if the City approves or determines to carry out a No Place Like Home project that is not subject to CEQA, the City shall file a Notice of Exemption in accordance with the requirements of Public Resources Code section 21152, subdivision (b), except that the Notice of Exemption shall be filed within two working days after the approval or determination becomes final.
(Reference: Pub. Resources Code, § 21163, et seq.; Gov. Code, § 65651; Health & Safety Code, § 50675.14.)
e)g) SHELTER CRISIS AND EMERGENCY HOUSING.
An action taken by the County of Orange or any city located within the County of Orange to lease, convey, or encumber land owned by the city or county—or an action to facilitate the lease, conveyance, or encumbrance of land owned by the local government—for, or to provide financial assistance to, a homeless shelter constructed pursuant to the provisions of Government Code section 8698.4 is statutorily exempt from CEQA. To see all the requirements of this exemption, please see Government Code section 8698.4.
(Reference: Gov. Code, § 8698.4 [in effect until January 1, 2023].) Item: 12
253
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-1 ©Best Best & Krieger LLP 11) DEFINITIONS
Whenever the following terms are used in these Guidelines, they shall have the following meaning unless otherwise expressly defined:
11.01 “Agricultural Employee” means a person engaged in agriculture, including farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code section 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State CEQA Guidelines section 15191(a).)
11.02 “Applicant” means a person who proposes to carry out a project which requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance.
11.03 “Approval” means a decision by the decision making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project.
Item: 12
254
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-2 ©Best Best & Krieger LLP For purposes of these Guidelines, all environmental documents must be completed as of the time of project approval.
11.04 “Baseline” refers to the pre-project environmental conditions. By comparing the project’s potential impacts to the baseline, the Lead Agency determines whether the project’s impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence.
11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
11.06 “Categorical Exemption” means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment.
11.07 “CEQA” (the California Environmental Quality Act) means California Public Resources Code sections 21000, et seq.
11.08 “City” means the City of Lake Forest, California.
11.09 “Clerk” means either the “Clerk of the Board” or the “County Clerk” depending upon the county. Please refer to the “Index to Environmental Filing by County” in the Staff Summary to determine which applies.
11.10 “Community-Level Environmental Review” means either of the following:
(1) An EIR certified on any of the following: (A) a general plan; (B) a revision or update to the general plan that includes at least the land and circulation elements; (C) an applicable community plan; (D) an applicable specific plan; (E) a housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.
(2) A negative declaration or mitigated negative declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan, or an applicable specific plan, provided that the subsequent environmental review document is allowed by CEQA following a master EIR or a program EIR, or is required pursuant to Section 21166.
Item: 12
255
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-3 ©Best Best & Krieger LLP
11.11 “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural significance.
11.12 “Cumulative Impacts” means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
11.13 “Cumulatively Considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
11.14 “Decision Making Body” means the body within the City, i.e., the City Council or Planning Commission, with final approval authority over the particular project.
11.15 “DEIR” means an EIR containing the information summarized in Local Guidelines Section 7)o).
11.16 “Developed Open Space” means land that meets all of the following criteria: (1) land that is publicly owned, or financed in whole or in part by public funds, (2) is generally open to, and available for use by, the public, and (3) is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed open space may include land that has been designated for acquisition by a public agency for developed open space but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.
11.17 “Development Project” means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code section 65928.)
11.18 “Director” means the Development Services Director, or his or her designee.
Item: 12
256
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-4 ©Best Best & Krieger LLP
11.19 “Discretionary Project” means a project for which approval requires the exercise of independent judgment, deliberation, or decision making on the part of the City.
11.20 “EIR” (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project.
EIR may mean a Draft or a Final EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR.
11.21 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage.
11.22 “Endangered, Rare or Threatened Species” means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is “endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more cause, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is “threatened” when it is listed as a threatened species pursuant to the California Endangered Species Act or the federal Endangered Species Act. A species or subspecies of animal or plant is “rare” when either:
(1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered “threatened” as that term is used in the Federal Endangered species Act.
For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the federal Endangered Species Act.
This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks).
11.23 “Environment” means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and man-made conditions.
Item: 12
257
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-5 ©Best Best & Krieger LLP
11.24 “Feasible”means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
11.25 “Final EIR” means an EIR containing the information contained in the DEIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received.
11.26 “Greenhouse Gas” includes, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
11.27 “Highway” shall have the same meaning as defined in Section 360 of the Vehicle Code.
11.28 “Historical Resources” include:
Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources.
A resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria:
Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; Is associated with the lives of persons important in our past; Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or Has yielded, or may be likely to yield, information important in prehistory or history.
A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria:
The survey has been or will be included in the State Historic Resources Inventory;
The survey and the survey documentation were prepared in accordance with office procedures and requirements; and The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523.
Resources included in a local register of historical resources on a list of properties officially designated or recognized as historically significant by a local government Item: 12
258
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-6 ©Best Best & Krieger LLP pursuant to a local ordinance or resolution as defined in Public Resources Code section 5020.1(k), or identified as significant in a historical resource survey, (as described above) as specified in Public Resources Code section 5024.1(g), are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant.
Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey.
11.29 “Infill Site” means a site in an urbanized area that meets one of the following criteria: (1) the site has been previously developed for qualified urban uses; or (2) the site has not been developed for qualified urban uses but all immediately adjacent parcels are developed with existing qualified urban uses; or (3) the site has not been developed for qualified urban uses, no parcel within the site has been created with the past 10 years, and the site is situated so that: (A) at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of- way from, parcels that are developed with existing qualified urban uses at the time the lead agency receives an application for an approval; and (B) the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses.
11.30 “Initial Study” means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.
11.31 “Jurisdiction by Law” means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project.
The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects.
11.32 “Lead Agency” means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity.
Item: 12
259
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-7 ©Best Best & Krieger LLP
11.33 “Low-Income Households” means households of persons and families of very low and low income, which are defined in Sections 50093 and 50105 of the Health and Safety Code as follows:
(1) “Persons and families of low income” or “persons of low income” is defined in Section 50093 of the Health & Safety Code to mean persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division.
(2) “Very low income households” is defined in Section 50105 of the Health & Safety Code to mean persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. “Very low income households” includes extremely low income households, as defined in Section 50106 of the Health & Safety Code.
11.34 “Low-Level Flight Path” means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency or its successor.
11.35 “Metropolitan Planning Organization” means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. The Census Bureau issued its list of qualifying Urbanized Areas based on population counts from the 2000 decennial Census. There are 18 federally-designated MPOs in California.
Non-urbanized (rural) areas do not have a designated MPO.
11.36 “Military Impact Zone” means any area, including airspace, that meets both of the following criteria:
(1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and (2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
11.37 “Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project Item: 12
260
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-8 ©Best Best & Krieger LLP should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested locations, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code section 21080(b)(1).)
11.38 “Mitigated Negative Declaration” means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made , or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
11.39 “Mitigation” means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments.
11.40 “Negative Declaration” means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR.
11.41 “Notice of Completion” means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a DEIR and is prepared to send out copies for review.
11.42 “Notice of Determination” means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA.
11.43 “Notice of Exemption” means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project.
11.44 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and involved federal agencies that the Lead Agency plans to prepare an EIR for a Item: 12
261
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-9 ©Best Best & Krieger LLP project. The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR.
Public agencies are free to develop their own formats for this notice.
11.45 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
11.46 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3)t)3)y) and 3)u)3)z) for specific definitions.
11.47 “Private Project” means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City.
Private projects will normally be those listed in subsections (2) and (3) of Guidelines Section 11.48.
11.48 “Project” means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following:
(1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (2) A discretionary activity which involves a public agency’s issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City.
(3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps.
The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project.
The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval.
11.49 “Project-Specific Effects” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code section 21065.3; State CEQA Guidelines section 15191(j).) Item: 12
262
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-10 ©Best Best & Krieger LLP
11.50 “Public Water System” means a system for the provision of piped water to the public for human consumption that has 3000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State CEQA Guideline Section 15155.)
11.51 “Residential” means a use consisting of either of the following: (1) Residential units only. (2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project. Residential, pursuant to State CEQA Guidelines section 21159.24, shall mean a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total building square footage of the project.
11.52 “Responsible Agency” means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term “Responsible Agency” includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project.
11.53 “Riparian Areas” mean those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine- marine shorelines.
11.54 “Roadway” means a roadway as defined pursuant to Section 530 of the Vehicle Code and the previously graded and maintained shoulder that is within a roadway right-of-way of no more than five feet from the edge of the roadway.
11.55 “Significant Effect” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
Item: 12
263
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-11 ©Best Best & Krieger LLP
11.56 “Significant Value as Wildlife Habitat” includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife.
11.57 “Special Use Airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency or its successor.
11.58 “Staff” means the City Manager, the Development Services Director, or his or her designee.
11.59 “Standard” means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application;
(2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and Governs the jurisdiction where the project is located.
The definition of “standard” includes any thresholds of significance adopted by the City which meet the requirements of this Section.
If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record.
11.60 “State CEQA Guidelines” means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.)
11.61 “Substantial Evidence” means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion Item: 12
264
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-12 ©Best Best & Krieger LLP could be drawn from that information. “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. “Substantial evidence” does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment.
11.62 “Sustainable Communities Strategy” is an element of a Regional Transportation Plan, which must be adopted by the metropolitan planning organization for the region. (See Local Guidelines Section 11.35.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region’s housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks.
11.63 “Tiering” means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared.
Tiering is appropriate when the sequence of EIRs is:
(1) From a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR;
(2) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
(Public Resources Code sections§§ 21003, 21061 and 21100.)
11.64 “Transit Priority Area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is schedule to be completed within the planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
11.65 “Transit Priority Project” means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which for which the California Air Resources Board has accepted a metropolitan planning organization’s determination that the Item: 12
265
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-13 ©Best Best & Krieger LLP sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met.
To qualify for the exemption, the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square footage
(2) if the project contains between 26 percent and 50 percent non-residential uses, the floor-to-area ratio (FAR) must be at least 0.75; (3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and (5) meet all the requirements of Public Resources Code section 21155.1.
11.66 “Transportation Facilities” includes major local arterials and public transit within five (5) miles of the project site and freeways, highways, overpasses, on-ramps, off- ramps, and rail transit service within ten (10) miles of the project site.
11.67 “Tribal Cultural Resources” are either of the following:
(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(a) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(b) Included in a local register of historic resources as defined in subdivision (k) of Section 5020.1.
(2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this definition, the lead agency shall consider the significance of the resource to a California Native American tribe.
A cultural landscape that meets the criteria set forth above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
A historic resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 Item: 12
266
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-14 ©Best Best & Krieger LLP may also be a tribal cultural resource if it conforms with the criteria of Tribal cultural resources.
11.68 “Trustee Agency” means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following:
(1) The California Department of Fish and Wildlife (“DFW”) with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFW.
(2) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands. (3) The State Department of Parks and Recreation with regard to units of the State Park System.
(4) The University of California with regard to sites within the Natural Land and Water Reserve System.
(5) The State Water Resources Control Board with respect to surface waters.
11.69 “Urbanized Area” means either of the following: (1) an incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least 100,000 persons; or (2) an unincorporated area that meets the requirements set forth in (A) and (B) below.
(A) The unincorporated area must meet one of the following location or density requirements:
(1) the unincorporated area must be:
(i) completely surrounded by one or more incorporated cities, (ii) have a population level of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and
(iii) have a population density that at least equals the population density of the surrounding city or cities; or
(2) the unincorporated area must be located within an urban growth boundary and have an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
Item: 12
267
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-15 ©Best Best & Krieger LLP (B) The board of supervisors with jurisdiction over the unincorporated area must have taken the following steps:
(1) The board has prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that:
(i) encourage compact development in a manner that promotes efficient transportation systems, economic growth,
affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and
(ii) protects the environment, open space, and agricultural areas. (2) The board has submitted the draft document to OPR and allowed OPR thirty days to submit comments on the draft findings to the board.
(3) No earlier than thirty days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document referenced above in (B)(1).
11.70 “Water Acquisition Plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county lead agency pursuant to subdivision (a) of section 10911 of the Water Code.
11.71 “Water Assessment” or “Water Supply Assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or the City, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code.
11.72 “Water Demand Project” means any one of the following:
(1) A residential development of more than 500 dwelling units; (2) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (3) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
(4) A hotel or motel, or both, having more than 500 rooms; Item: 12
268
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-16 ©Best Best & Krieger LLP (5) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
(6) Except, a proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a Water Demand Project if the facility would demand no more than 75 acre-feet of water annually. (7) A mixed-use project that includes one or more of the projects specified in subdivisions (1); (2), (3), (4), (5), (6) and (8);
(8) A project that would demand an amount of water equivalent to, or greater than, the amount of water; required by a 500 dwelling unit project; (9) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria:
(a) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system’s existing service connections; or
(b) A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. (State Guideline Section 15155.)
11.73 “Waterway” means a bay, estuary, lake, pond, river, slough, or a perennial, intermittent, or ephemeral stream, lake, or estuarine-marine shoreline.
11.74 “Wetlands” has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, “wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.)
11.75 “Wildlife Habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code section 21159.21.)
11.76 “Zoning Approval” means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property.
Item: 12
269
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) DEFINITIONS 20212022 City of Lake Forest Guidelines 11-17 ©Best Best & Krieger LLP Item: 12
270
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) FORMS
20212022 City of Lake Forest Guidelines 12-1 ©Best Best & Krieger LLP 12) FORMS
See Forms A-S which accompany these Guidelines.
Item: 12
271
13) COMMON ACRONYMS
ADEIR – Administrative Draft Environmental Impact Report AQMD – Air Quality Management District
AQMP – Air Quality Management Plan
AR – Administrative Record
ARB – Air Resources Board
**************************************************
BMP – Best Management Practices
BO – Biological Opinion
**************************************************
Cal EPA – California Environmental Protection Agency
CAP – Climate Action Plan
CCAA – California Clean Air Act
CCR – California Code of Regulations (Title 14 Sections 15000 et seq CE – Categorical Exclusion (NEPA)
CESA – California Endangered Species Act
CEQA – California Environmental Quality Act
CFR – Code of Federal Regulations
CMP – Congestion Management Plan
CRWQCB – California Regional Water Quality Control Board **************************************************
DEIR – Draft Environmental Impact Report
DFW – Department of Fish and Wildlife
**************************************************
EA – Environmental Assessment (NEPA term)
EIR – Environmental Impact Report
EIS – Environmental Impact Statement (NEPA term)
EPA – Environmental Protection Agency
ESA – Endangered Species Act; Environmental Site Assessment **************************************************
FCAA – Federal Clean Air Act
FEIR – Final Environmental Impact Report
FOIA – Freedom of Information Act (Federal)
FONSI – Finding of No Significant Impact (NEPA term)
FWS – Fish and Wildlife Service
**************************************************
GHG – Greenhouse Gas
GW – Ground Water
Item: 12
272
**************************************************
HH&E – Human Health and Environment
HRA – Health Risk Assessment
HS – Hazardous Substance
**************************************************
IS – Initial Study
**************************************************
**************************************************
**************************************************
LADD – Lifetime Average Daily Dose; Lowest Acceptable Daily Dose LEA – Local Enforcement Agency
LESA – Land Evaluation and Site Assessment
LUFT – Leaking Underground Fuel Tank
LUST – Leaking Underground Storage Tanks
**************************************************
MEIR – Master Environmental Impact Report
MMRP – Mitigation Monitoring and Reporting Plan
MPO – Metropolitan Planning Organization
MND – Mitigated Negative Declaration
**************************************************
ND – Negative Declaration
NEPA – National Environmental Policy Act
NOA – Notice of Availability
NOC – Notice of Completion
NOD – Notice of Determination
NOE – Notice of Exemption
NOI – Notice of Intent
NOP – Notice of Preparation
NOV – Notice of Violation
**************************************************
OPR – Office of Planning and Research
**************************************************
PEIR – Program Environmental Impact Report
PM – Particulate Matter
PRA – Public Records Act
PSA – Permit Streamlining Act
Item: 12
273
**************************************************
**************************************************
RCRA – Resource Conservation and Recovery Act (1976) Governs definition, handling, and disposal of hazardous waste
**************************************************
SCH – State Clearinghouse
SEIR – Supplemental or Subsequent Environmental Impact Report SMARA – Surface Mining and Reclamation Act
SWMP – Stormwater Monitoring Program
SWPPP – Stormwater Pollution Prevention Program
**************************************************
TCM – Transportation Control Measure
TCP – Transportation Control Plan
TDS – Total Dissolved Solids
TMP – Transportation Management Plan
Title V – refers to Title V of the Clean Air Act related to ambient air quality provisions TLV – Threshold Limit Value
**************************************************
UBC – Uniform Building Code
UFC – Uniform Fire Code
UGST – Underground Storage Tank
USDW – Underground Source of Drinking Water
UWMP – Urban Water Management Plan
**************************************************
VOC – Volatile Organic Compounds (Health & Safety Code, Section 25123.6.) VOS – Vehicle Operating Survey
**************************************************
WQS – Water Quality Standard
WSA – Water Supply Assessment
WTP – Water Treatment Plant
WWTP – Wastewater Treatment Plan
**************************************************
Item: 12
274
CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/03/2022
DEPARTMENT: Management Services
SUBJECT:
FIRST AMENDMENT TO THE AGREEMENT WITH RALPH ANDERSEN &
ASSOCIATES FOR HUMAN RESOURCES CONSULTING SERVICES
RECOMMENDED ACTION(S):
1. Approve the First Amendment to the Agreement with Ralph Andersen & Associates for Human Resources Consulting Services.
2. Authorize the Mayor to sign, and the City Clerk attest to, the agreement with Ralph Andersen & Associates, substantially in the form attached.
EXECUTIVE SUMMARY:
On November 16, 2019, the City Manager approved a three-year Professional Consultant Services Agreement with Ralph Andersen & Associates (“RAA”) for human resources consulting services (“RAA Agreement”). The RAA Agreement allows for two additional one-year extensions based upon performance. Since inception, RAA has provided various human resources consulting services for the City, including the recruitment of three management level positions.
The proposed First Amendment would utilize the RAA Agreement’s first option to extend the term for one year and increase the compensation amount by $60,000 without an increase to the contractual rates. If approved the First Amendment would bring the total compensation of the RAA Agreement up to $160,000. The term extension and associated compensation increase is required based on the City’s projected human resources consulting needs for the remainder of the current fiscal year and projected needs for Fiscal Year 2022-23. The First Amendment to the RAA Agreement was prepared by the Finance Department and has been reviewed by the City Attorney and approved as to form. Sufficient funds are available the 2021-2023 Operating Budget to cover the costs of the recommended action.
Item: 13
275
1 8
6 8
BACKGROUND:
On July 22, 2019, the City Manager approved a Request for Proposal for professional human resources consulting services and authorized staff to solicit proposals. After a competitive process, the City Manager awarded a three-year agreement in the amount of $100,000 to RAA for human resources consulting services. The term of the RAA Agreement is from November 16, 2019 to November 15, 2022, with two optional one-year extensions based on performance and at the discretion of the City Council. The City’s Purchasing and Contracting Guidelines authorize the City Manager to approve agreements for professional services, after a formal procurement process, up to $50,000 per year for three years.
The RAA Agreement includes but is not limited to the following areas and topics:
Organizational Design
Review and evaluate the adequacy of staffing levels in each department including the use of contract vs. in-house employees.
Biennial Compensation Study
Perform a comprehensive study of City job classifications to ensure all positions are graded appropriately with respect to internal equity and are fairly compensated with respect to local public employment markets.
Recruitments
Conduct executive searches and other high-level recruitments, from identification of potential candidates through comprehensive background investigations.
Job Descriptions and Salary Ranges
Prepare job descriptions and assign appropriate salary ranges.
DISCUSSION:
The RAA Agreement includes a compensation amount of $100,000 and assumed a basic level of human resources consulting services consisting of routine updates to existing studies, projects, programs, and policies. This compensation amount was determined based upon past experience and historical levels of funding. While RAA has provided consulting services in those areas over the past two and a half years, they have also provided executive recruitment services for key technical positions that are historically difficult to fill.
This included the Traffic Engineering Manager, Assistant Director of Community Item: 13
276
1 8
6 8
Development, and Assistant Director of Finance positions. While executive recruitments are included in the Scope of Work, executive recruitment costs were not anticipated in the original compensation amount when the RAA Agreement was formulated. As such, minimal compensation remains.
Staff is proposing a First Amendment to the RAA Agreement (Attachment 2).
The First Amendment increases compensation by $60,000 for a revised total compensation amount of $160,000. It also extends the term of the RAA Agreement to November 16, 2023, thereby exercising the first of the two optional one-year extensions described in the RAA Agreement. Additionally, the First Amendment does not increase the contractual rates and includes a fixed rate for executive recruitment services at either a full or partial level. A full executive recruitment effort involves comprehensive job advertisement, recruitment brochure materials, and a full interview schedule. A partial executive recruitment involves a job advertisement on the RAA website, recruitment brochure materials, and an initial interview/candidate outreach phase. At the conclusion of the initial interview phase during a partial executive recruitment, staff would assume the responsibilities for conducing further interviews and candidate selection.
Staff believes RAA’s performance met or exceeded the contract’s scope of work relative to the responsibilities associated with human resources consulting services. Throughout the term of the RAA Agreement, RAA demonstrated their willingness to respond to questions and consistently completed all required tasks in a quick and professional manner. The chart below provides an overall summary of the contractor’s performance since the origination of the contract.
Human Resources Consulting Services
November 17, 2019 – April 5, 2022
Category Assessment
Performance of
Scope of services
☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A
Timeliness ☐Unsatisfied ☒Satisfied ☐Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A The proposed First Amendment was prepared by the Finance Department and has been reviewed and approved by the City Attorney as to form. Staff recommends the City Council authorize the proposed First Amendment to the RAA Agreement.
Item: 13
277
1 8
6 8
FISCAL IMPACT:
Approval of the recommended action will result in an additional $60,000 in compensation authorized to be paid to RAA for human resources consulting services. It does not result in an increase to the contractual rates. Sufficient funds are available in the 2021-23 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement with Ralph Andersen and Associates
2. First Amendment to the Agreement with Ralph Andersen & Associates Initiated By: Shelly Cisneros, Human Resources Manager
Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 13
278
Attachment 1
Item: 13
279
Item: 13
280
Item: 13
281
Item: 13
282
Item: 13
283
Item: 13
284
Item: 13
285
Item: 13
286
Item: 13
287
Item: 13
288
Item: 13
289
Item: 13
290
Item: 13
291
Item: 13
292
Item: 13
293
Item: 13
294
Item: 13
295
Item: 13
296
Item: 13
297
Item: 13
298
Item: 13
299
Attachment 2
Item: 13
300
Item: 13
301
Item: 13
302
Item: 13
303
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Public Works
SUBJECT:
FOURTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC., FOR LAKE FOREST SPORTS PARK
MAINTENANCE
RECOMMENDED ACTION(S):
1. Approve the Fourth Amendment to the contract with Brightview Landscape Services, Inc., for Lake Forest Sports Park Landscape Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest the Fourth Amendment with Brightview Landscape, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
Brightview Landscape Services, Inc. (“Brightview”) is the City’s current landscape maintenance contractor for the Lake Forest Sports Park (“LFSP”), providing general daily maintenance, weed control, turf grass maintenance, limited tree pruning, pest and rodent control, fertilization, irrigation facilities maintenance, infield maintenance, and maintenance of drainage facilities. The original three- year Agreement for Maintenance Services with Brightview (“Agreement”) was approved by the City Council on June 5, 2018 with a compensation amount of $2,908,370.70. Three amendments were approved in November 2020, March 2021, and January 2022 totaling $837,790.30 in added compensation.
The proposed Fourth Amendment to the Agreement would utilize the second and final extension described in the Agreement and extend the term to June 30, 2023. If approved, the Fourth Amendment would add an additional $1,033,339.00 in compensation for a new not-to-exceed compensation amount of $4,779,500.00, with no increase in unit prices. The Fourth Amendment includes additional compensation for the procurement of mulch as required by the regulations adopted by CalRecycle per Senate Bill 1383 (“SB 1383”).
Specifically, the Fourth Amendment includes $99,978 for the procurement of specialized SB 1383-eligible mulch and $25,000 for the procurement of ordinary, consumer-grade mulch. In the event CalRecycle removes or relaxes the Item: 14
304
1 8
5 5
requirements to procure specialized mulch, staff will procure the less expensive, consumer-grade mulch for application, which will restore the mulching activities that were removed as a cost saving measure in response to COVID-19. As a result of the mulch procurement elements in the proposed Fourth Amendment, the cost Agreement will increase by $124,978 from the previous fiscal year. If approved, staff would propose sufficient funding for the 2022-23 Fiscal Year of the 2021-23 Operating Budget to cover the costs of the recommended action.
BACKGROUND:
The City Council awarded the existing Agreement to Brightview for landscape maintenance services at the Lake Forest Sports Park (“LFSP”) on June 5, 2018 with a compensation amount of $2,908,370.70. Table 1 below summarizes amendments made to the Agreement since inception.
Table 1: Brightview LFSP Agreement Amendment History
Brightview Landscape Services Inc., Amendments & Compensation Agreement Description of
Action Taken
Compensation
Adjustment
Revised Total
Compensation
Amount
Original
Agreement - $2,908,370.70
First
Amendment
Compensation
Reduction (COVID-
19)
($ 52,666.64) $2,855,704.06
Second
Amendment
First
Renewal/Sports
Park Services
$ 890,456.94 $3,746,161.00
Third
Amendment
Addition of
Fertigation $0.00 $3,746,161.00
Proposed
Fourth
Amendment
Second
Renewal/Sports
Park Services
$1,033,339.00 $4,779,500.00
On December 7, 2021, the City Council amended the City’s Recycled Content Purchasing Policy to include recovered organic waste products to respond to SB 1383. SB 1383 requires the City to meet an annual recovered organic waste product procurement target based upon the City’s population. The City’s per- capita procurement target is 6,763 tons of the purchase of any combination of compost or SB 1383-eligible mulch as determined by the State.
Item: 14
305
1 8
5 5
DISCUSSION:
Brightview’s current scope of work at the LFSP includes: regularly scheduled landscape maintenance; managing the City’s irrigation system; landscape repairs; emergency responses; aerating; dethatching; over-seeding all turf grass; tree management; backflow repairs and certification; and, providing pest and rodent control. The proposed Fourth Amendment would extend the term of the Agreement for one year with no increase to contractual unit prices and would add $1,033,339.00 in total compensation. Additional scope for mulch procurement is included in the proposed Fourth Amendment to comply with SB 1383.
Based on the City’s population, CalRecycle, the state agency charged with administering SB 1383, set a procurement target of organic material, i.e. mulch and compost, for the City at 6,763 tons. In a typical year, the City utilizes approximately 2,500 tons of mulch in its parks and open space areas. The State- mandated increase of mulch procurement has two significant impacts for the City. Based on the current cost of SB 1383-eligible mulch, the City would be required to expend nearly $800,000 to meet its target. Additionally, the City would have to find new areas in which to apply the additional 4,200 tons of mulch. CalRecycle has informally stated they will only monitor jurisdictions’ procurement in 2022 and will begin enforcement in 2023 should obligations not be met. The League of California Cities is working cooperatively with local agencies to address the organic material procurement issues with CalRecycle.
Staff recommends taking an incremental approach to this issue by modestly increasing the amount of mulch to be used in each of the City’s four major landscaping agreements, instead of trying to achieve the target goal immediately.
Staff analyzed each of the four agreements and proposes to add approximately $100,000 worth of mulch material to temporarily address SB 1383 requirements to the current Medians, Landscapes, and Slopes (“MPS”) agreement and the LFSP Agreement respectively. The two park maintenance agreements, (City- Wide Sports Parks and Passive Parks) would each provide approximately $35,000 in each of their agreements for additional mulch. These allocations are intended to demonstrate a “good faith effort” and temporarily satisfy the SB 1383 mandates while municipalities continue to work with CalRecycle to develop more realistic mulch procurement requirements.
Staff believes that Brightview’s performance met or exceeded the Agreement’s scope of work relative to the responsibilities associated with LFSP landscape maintenance services. Throughout the term of the Agreement, Brightview demonstrated its ability to proactively maintain the LFSP and consistently completed all required tasks in a professional manner as required by the Agreement. Table 2 below provides an overall summary of the Brightview’s performance since the Third Amendment to the Agreement. Consistent with the City’s Purchasing and Contracting Guidelines (“Guidelines”), including vendor Item: 14
306
1 8
5 5
assessment, staff recommends extending the Agreement by using the second one-year term extension to ensure that the City can adequately continue to maintain the turf and landscaping at LFSP.
Table 2: Brightview Performance Assessment
Brightview Landscape Services, Inc.,
Performance Assessment
January 11, 2022 through April 1, 2022
Category Rating
Performance of Scope of Services □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Timeliness □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Budget Performance □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Customer Service □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Consistent with the Guidelines, the Finance Department prepared the proposed Fourth Amendment and the City Attorney reviewed and approved it as to form.
Staff recommends the City Council approve the Fourth Amendment to allow for the continued and uninterrupted delivery of this service.
FISCAL IMPACT:
The proposed Fourth Amendment to the Agreement would add an additional $1,033,339.00 in compensation for a new total compensation amount of $4,779,500.00. Also, the Fourth Amendment would extend the term of the Agreement for one year to June 30, 2022. Staff would propose sufficient funding in Fiscal Year 2022-23 of the 2021-23 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement with Brightview Landscape Services, Inc. for Lake Forest Sports Park Landscape Maintenance Services
2. First Amendment to the Agreement with Brightview Landscape Services, Inc.
3. Second Amendment to the Agreement with Brightview Landscape Services, Inc.
4. Third Amendment to the Agreement with Brightview Landscape Services, Inc.
Item: 14
307
1 8
5 5
5. Fourth Amendment to the Agreement with Brightview Landscape Services, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 14
308
Attachment 1
Item: 14
309
Item: 14
310
Item: 14
311
Item: 14
312
Item: 14
313
Item: 14
314
Item: 14
315
Item: 14
316
Item: 14
317
Item: 14
318
Item: 14
319
Item: 14
320
Item: 14
321
Item: 14
322
Item: 14
323
Item: 14
324
Item: 14
325
Item: 14
326
Item: 14
327
Item: 14
328
Item: 14
329
Item: 14
330
Item: 14
331
Item: 14
332
Item: 14
333
Item: 14
334
Item: 14
335
Item: 14
336
Item: 14
337
Item: 14
338
Item: 14
339
Item: 14
340
Item: 14
341
Item: 14
342
Item: 14
343
Item: 14
344
Item: 14
345
Item: 14
346
Item: 14
347
Item: 14
348
Item: 14
349
Item: 14
350
Item: 14
351
Item: 14
352
Item: 14
353
Item: 14
354
Item: 14
355
Item: 14
356
Item: 14
357
Item: 14
358
Item: 14
359
Item: 14
360
Item: 14
361
Item: 14
362
Item: 14
363
Item: 14
364
Item: 14
365
Item: 14
366
Item: 14
367
Item: 14
368
Item: 14
369
Item: 14
370
Item: 14
371
Item: 14
372
Item: 14
373
Item: 14
374
Item: 14
375
Item: 14
376
Item: 14
377
Item: 14
378
Item: 14
379
Item: 14
380
Item: 14
381
Item: 14
382
Attachment 2
Item: 14
383
Item: 14
384
Item: 14
385
Item: 14
386
Item: 14
387
Item: 14
388
Attachment 3
Item: 14
389
Item: 14
390
Item: 14
391
Attachment 4
Item: 14
392
Item: 14
393
Item: 14
394
Item: 14
395
Item: 14
396
Item: 14
397
Attachment 5
Item: 14
398
55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
FOURTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.
This Fourth Amendment to the Agreement for Maintenance Services (“Fourth Amendment”) is entered into on the ____ 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 Fores t, CA 92630 (“City”) and Brightview Landscape Services, Inc., a California corporation, with its principal place of business at 1900 S. Lewis Street, Anaheim, California 92805 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Maintenance Services dated June, 5, 2018 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment in order to reduce the scope of services, reduce the total compensation amount, and update the delivery of notices dated October 6, 2020 (“First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment in order to amend the Agreement in order to increase the total compensation amount and extend the term of the Agreement dated March 25, 2021 (“Second Amendment”).
2.4 Third Amendment. The Parties entered into that certain Third Amendment in order to amend the scope of services and update the compensation exhibit dated January 11, 2022 (“Third Amendment”).
2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement.
TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2018 to June 30, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Item: 14
399
Item: 14
400
55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO FOURTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT “C”
COMPENSATION
Contractor shall be paid for services rendered in accordance with Section 3.3. of the Agreement and as described in Exhibit “A” Scope of Services, for the not to exceed fee of four million seven hundred seventy-nine thousand five hundred dollars ($4,779,500) and based on the following rates.
Item
# Description Quantity Unit Unit Prices Fourth Amendment Fourth Amendment: Year 5 of Services (Term Extension through 6/30/2023 and Compensation Increase) Routine Maintenance
1a Daily Maintenance 365 Daily $ 351.57 $ 128,323.05 1b
1st Amendment Annual
Reduction: Reduce
Annual Sod installation to
50,000 SF 12 Monthly $ (1,750.00) $ (21,000.00) 2 Weed Control 52 Weekly $ 411.29 $ 21,387.08 3 Turf Grass Maintenance 52 Weekly $ 2,467.72 $ 128,321.44 4a Synthetic Grass
Maintenance 4 Quarterly $ 10,693.44 $ 42,773.76 4b
1st Amendment Annual
Reduction: Reduce deep
cleaning of synthetic turf
grass 12 Monthly $ (750.00) $ (9,000.00) 5a Landscape Maintenance 52 Weekly $ 4,112.86 $ 213,868.72 5b
1st Amendment Annual
Reduction: Reduce PRZ
Recommendations 12 Monthly $ (2,000.00) $ (24,000.00) 6 Pest Control 12 Monthly $ 1,188.16 $ 14,257.92 7a Fertilization 12 Monthly $ 1,782.24 $ 21,386.88 7b
3rd Amendment Annual
Addition: Fertigation
Services 12 Monthly $ 1,492.00 $ 17,904.00 8 Irrigation Maintenance 52 Weekly $ 1,370.95 $ 71,289.40 9 Infield Maintenance 365 Daily $ 195.31 $ 71,288.15 10 Wood Fiber Playground
Chips 60 CU Yds. $ 65.00 $ 3,900.00 Extra Work $ -
1 Hunter 1-40 180 EACH $ 50.00 $ 9,000.00 2 Rainbird 1806 175 EACH $ 14.00 $ 2,450.00 Item: 14
401
55136.00200\31919338.1 Attachment “1”-2
3 Rainbird 1812 225 EACH $ 16.00 $ 3,600.00 4 1 1/2 Brass Ballvalve 7 EACH $ 38.00 $ 266.00 5 2" Brass Ballvalve 6 EACH $ 65.00 $ 390.00 6 Hunter PGP Ultra - 12 400 EACH $ 24.98 $ 9,992.00 7 Hunter Pro Spray 125 EACH $ 12.80 $ 1,600.00 8 Huner Mp Rotator 1000 350 EACH $ 6.15 $ 2,152.50 9 Hunter MP Rotator 2000 350 EACH $ 6.85 $ 2,397.50 10 Hunter Mp Rotator 3000 350 EACH $ 7.35 $ 2,572.50 11 Rain Bird EFB 1 1/2" 20 EACH $ 155.90 $ 3,118.00 12 Rain Bird EFB 2" 40 EACH $ 198.80 $ 7,952.00 13 1/2" Hunter Check Valve 350 EACH $ 6.45 $ 2,257.50 14 3/4" hunter Check Valve 350 EACH $ 7.15 $ 2,502.50 Plant Material
1 Annual Color 40 Flat $ 15.50 $ 620.00 2 One Gallon Shrub 6000 EACH $ 6.00 $ 36,000.00 3 Five Gallon Shrub 2500 EACH $ 16.50 $ 41,250.00 4 Twenty-Four Inch Box
Tree 40 Each $ 200.00 $ 8,000.00 5 Thirty-Six Inch Box Tree 5 EACH $ 510.00 $ 2,550.00 6 Forty-Eight Inch Box Tree 3 EACH $ 950.00 $ 2,850.00 7 Tree Trimming 250 EACH $ 95.00 $ 23,750.00 8 Tree Removals 40 EACH $ 250.00 $ 10,000.00 9a Install Mulch 2500 Yard $ 10.00 $ 25,000.00 9b 4th Amendment Addition:
Annual Recycled Mulch 2631 CU Yds. $ 38.00 $ 99,978.00 10 Rototill 5000 Sq. Ft. $ 0.07 $ 350.00 11 Soil Test 15 EACH $ 100.00 $ 1,500.00 12 Mechanical Trenching 500
Linear
Ft. $ 1.08 $ 540.00
13 Kentucky Blue Grass $ 0.50 $ - 14 Bermuda Grass $ 0.50 $ - Extra Work
1 Contingency Repairs $ 50,000.00
Subtotal Year 5 of Services $ 1,033,339.00
Original Agreement - Total Compensation $ 2,908,370.70 First Amendment - Total Compensation $ 2,855,704.06 Second Amendment - Total Compensation $ 3,746,161.00 Third Amendment - Total Compensation $ 3,746,161.00
Fourth Amendment Additional Compensation $ 1,033,339.00 Fourth Amendment - Total Compensation $ 4,779,500.00
Item: 14
402
55136.00200\31919338.1 Attachment “1”-3
Labor not included in the above schedule will be billed at the following rates:
Position Regular Rate Overtime Rate
Landscape Maintenance Supervisor $ 40.00 $ 60.00 Landscape Foreman $ 32.50 $ 48.75
Irrigation Specialist $ 45.00 $ 67.50
Landscape Maintenance Labor $ 28.00 $ 42.00
Item: 14
403
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Community Development
SUBJECT:
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM –
FISCAL YEAR ("FY") 2022-2023 ANNUAL ACTION PLAN
RECOMMENDED ACTION(S):
1. Approve the Fiscal Year ("FY") 2022-2023 Community Development Block Grant ("CDBG") Annual Action Plan ("AAP") and authorize staff to submit the AAP to the U.S. Department of Housing and Urban Development ("HUD") substantially in the form attached.
2. Authorize staff to implement the FY 2022-2023 CDBG AAP, including but not limited to, executing subrecipient agreements and awarding grant funds.
EXECUTIVE SUMMARY:
The federal Community Development Block Grant (“CDBG”) is a formula grant allocated to local governments for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities – principally for persons of low and moderate- income. Pursuant to HUD CDBG program regulations, the City is required to submit an Action Plan to HUD annually.
The Annual Action Plan (“AAP”) specifies how CDBG funds will be used to address the goals and objectives in the City’s Five-Year Consolidated Plan. The draft AAP allocates $922,321 of funding, which includes $513,700 (anticipated) to be awarded for Fiscal Year (“FY”) 2022-2023 and $408,621 of unspent prior year funding, as follows:
Affordable Housing: $432,766;
Housing Rehabilitation: $260,000;
Public Services: $77,055;
Capital Improvement Projects (Curb Ramp Construction): $50,000; and Program Administration: $102,500.
Item: 15
404
1 8
6 5
On April 5, 2022, the City Council conducted a public hearing on the draft Fiscal Year FY 2022-2023 CDBG AAP. Following discussion, the City Council directed staff to place the item on the May 3, 2022, City Council agenda for final review and approval (with no changes). The draft AAP is provided as Attachment 1.
The April 5, 2022 staff report is provided as Attachment 2.
As noted in the April 5, 2022 staff report, FY 2022-23 CDBG allocation from HUD is estimated, based on last year's allocation, because the federal budget has not yet been approved. As of the preparation of the report, the actual grant amount is still unknown. Upon approval of the federal budget and notification from HUD of the actual grant amount, the allocations for each activity in the AAP would be adjusted (up or down) proportionately.
FISCAL IMPACT:
Funding for the CDBG Program is provided annually by HUD. As outlined in the 2021-23 Operating Budget, appropriations subject to approval by the City Council for Fiscal Year 2022-23 will include expenditures consistent with the approved FY 2022-2023 Annual Action Plan.
ATTACHMENTS:
1. Draft FY 2022-2023 CDBG Annual Action Plan
2. April 5, 2022 City Council Staff Report: CDBG PROGRAM – FISCAL YEAR ("FY") 2022-2023 ANNUAL ACTION PLAN (with Attachment 1 – Draft FY 2022-2023 CDBG AAP omitted)
Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
Item: 15
405
ATTACHMENT 1
Item: 15
406
2022-2023
Draft 3/30/22
CDBG
Annual
Action
Plan
Item: 15
407
Draft 3/30/22 Annual Action Plan
2022-2023
i
OMB Control No: 2506-0117 (exp. 07/31/2015)
TABLE OF CONTENTS
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)................................ ................................ ...... 1 PR-05 Lead & Responsible Agencies – 91.200(b) ................................ ................................ .................. 3 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................ ................................ ............... 4 AP-12 Participation – 91.105, 91.200(c) ................................ ................................ ............................. 11 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2) ................................ ................................ ...................... 13 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e ) ................................ .......................... 15 AP-35 Projects – 91.220(d) ................................ ................................ ................................ ................. 18 AP-38 Projects Summary................................ ................................ ................................ .................... 19 AP-50 Geographic Distribution – 91.220(f) ................................ ................................ ......................... 27 Affordable Housing
AP-55 Affordable Housing – 91.220(g) ................................ ................................ ............................... 28 AP-60 Public Housing – 91.220(h) ................................ ................................ ................................ ...... 29 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ................................ ......................... 30 AP-75 Barriers to affordable housing – 91.220(j) ................................ ................................ ................ 32 AP-85 Other Actions – 91.220(k) ................................ ................................ ................................ ........ 33 Program Specific Requirements ................................ ................................ ................................ ............. 35
Attachments:
1. Attachment 1 – Summary of Prior Accomplishments
2. Public Notices and Summary of Public Comments
3. Map – CDBG Low-Moderate Income Areas
4. Analysis of Impediments to Fair Housing Plan
Certifications and SF-424/SF-424D
Item: 15
408
Draft 3/30/22 Annual Action Plan
2022-2023
1 OMB Control No: 2506-0117 (exp. 07/31/2015)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The 2022-2023 Annual Action Plan for the City of Lake Forest satisfies the requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The CDBG program was created by the Housing and Community Development Act (HCDA) of 1974. The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low- and moderate-income.
Regulations governing the CDBG program require that each activity undertaken with CDBG funds must meet one of the three national objectives:
• Benefit low- and moderate-income persons,
• Aid in the prevention or elimination of slums and blight, or • Meet a community development need having a particular urgency (i.e., federally declared disaster)
As a recipient of CDBG funds, the City must prepare a five-year strategic plan that identifies housing and community needs, prioritizes these needs, and develops a strategic plan to address priority needs. This document is called the Consolidated Plan. The City’s current Consolidated Plan covers the fiscal years of 2020-21 to 2024-25. On an annual basis, the City prepares an expenditure plan that identifies the specific activities the City will undertake with its annual CDBG allocation to meet the priority needs identified in the Consolidated Plan. Fiscal Year (FY) 2022-23 is the third year of the current Consolidated Plan cycle.
To date, HUD has not announced funding allocations for FY 2022-23. For planning purposes, the City expects it will receive $513,700 in CDBG funds for FY 2022-23. Additionally, $408,621 in prior year funds and program income received during the year will be available for programming.
2. Summarize the objectives and outcomes identified in the Plan The City of Lake Forest City Council approved the 2020-2024 Consolidated Plan in June 2020. The following Consolidated Plan objectives and outcomes were adopted in the plan. Corresponding annual accomplishment goals for FY 2022-23 are also listed below:
• Infrastructure and Facility Improvements: Improve public infrastructure and facilities that benefit 7,500 low- and moderate-income residents. FY 2022-23 Goal: 1 project benefitting 2,633 persons with a disability
• Affordable Housing: Improve or expand the supply of housing affordable to 40 lower-income households. FY 2022-23 Goal: Rehab 10 housing units
Item: 15
409
Draft 3/30/22 Annual Action Plan
2022-2023
2 OMB Control No: 2506-0117 (exp. 07/31/2015)
• Public Services: Provide access to public social services for 8,000 low- and moderate-income persons. FY 2022-23 Goal: benefit 1,848 low- and moderate-income residents • Homeless Continuum of Care: Provide access to housing and supportive services for 2,680 persons at risk of becoming homeless or that are homeless. FY 2022-23 Goal: benefit 861 low- and moderate-income residents
• Administration and Planning: Provide CDBG program oversight and coordination and fair housing services to 450 households. FY 2022-23 Goal: No residents assisted (fair housing services funded as a public service)
3. Evaluation of past performance
FY 2021-22 (the current fiscal year) is the second year of the City’s 2020-2024 Consolidated Plan cycle.
Most planned activities will be completed by June 30, 2022. A table that summarizes the City’s Consolidated Plan goals over one year (FY 2020-21) is provided as Attachment 1.
4. Summary of Citizen Participation Process and consultation process City staff encouraged residents and local and regional organizations to prepare the 2022–2023 Annual Action Plan. There were several opportunities for City residents and agencies/organizations to offer input into the Consolidated Plan process, as noted below:
• The City Council held a public hearing on April 5, 2022, to obtain public comments regarding the Annual Action Plan and kick off its 30-day public review period. • A draft of the Consolidated Plan was made available for a 30-day public comment period from March 3 to April 5, 2022.
• The Annual Action Plan is scheduled to be adopted by the City Council on May 3, 2022.
5. Summary of public comments
A summary of comments received can be found in Attachment 2.
6. Summary of comments or views not accepted and the reasons for not accepting them A summary of comments received can be found in Attachment 2.
7. Summary
The Consolidated Plan is a strategic plan that utilizes data and public input to determine priority housing and community needs. The Annual Action Plan is the expenditure plan for using CDBG funds to address identified priorities. The City’s overall objective for the CDBG program is to create a viable community by providing decent housing, a suitable living environment, and economic opportunities, principally for low- and moderate-income persons. To accomplish this objective, the City of Lake Forest will utilize $922,321 in CDBG funds ($513,700 in 2022 funds plus $408,621 in prior year funds) and program income during FY 2022-23 to carry out a variety of eligible activities.
Item: 15
410
Draft 3/30/22 Annual Action Plan
2022-2023
3 OMB Control No: 2506-0117 (exp. 07/31/2015)
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator LAKE FOREST Development Services
Table 1 – Responsible Agencies
Narrative (optional)
The Development Services Department is responsible for overseeing the City’s CDBG program, including preparing the Consolidated Plan, Annual Action Plans, and year-end performance reports (Consolidated Annual Performance and Evaluation Report or CAPER).
Consolidated Plan Public Contact Information
Ron Santos, Senior Planner
100 Civic Center Drive, Lake Forest, CA 92630
(949) 461-3449 (phone) / [email protected]
Item: 15
411
Draft 3/30/22 Annual Action Plan
2022-2023
4 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The consolidated planning process requires jurisdictions to contact and consult with other public and private agencies when developing the Consolidated Plan. The plan must include a summary of the consultation process, including identifying the agencies that participated in the process. Jurisdictions also are required to summarize their efforts to enhance coordination between public and private agencies.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
To enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies, the City of Lake Forest took the following actions:
• The Community Development Department, acting as the lead agency, met with various City departments and consulted with outside agencies to gain input on annual needs, enhance coordination of services, prevent duplication of services, and resolve issues within the interagency institutional structure.
• The City of Lake Forest collaborates with the County to obtain input on assisted housing programs. Specifically, the City works with and supports the Orange County Housing Authority’s (OCHA) administration of the Housing Choice Voucher Program, which provides housing subsidies to qualified lower-income renters. The City’s participation enhances coordination as a member of the OCHA Advisory Committee.
• To strengthen the private sector's housing delivery system, the City encourages private housing developers to include affordable units in multi-family housing developments within Lake Forest. The City will also continue cooperating with local nonprofit housing organizations to identify and provide housing opportunities for lower-income households. • Orange County has a broad spectrum of public and nonprofit social service providers that address the needs of the region’s residents. Through the annual CDBG public service grant funding process, City staff can ascertain the services City residents require (e.g., senior services, youth services, services for the near homeless and those already homeless) and develop partnerships with local agencies to ensure the delivery of quality services. • The City of Lake Forest has an active economic development program that coordinates business activities and employment programs with community organizations such as the Lake Forest Chamber of Commerce and the Orange County One-Stop Center.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Item: 15
412
Draft 3/30/22 Annual Action Plan
2022-2023
5 OMB Control No: 2506-0117 (exp. 07/31/2015)
Coordination of Orange County’s Continuum of Care (OC-CoC) planning process is led by 2-1-1 Orange County and the OC Community Services Department. This nonprofit-public partnership helps ensure comprehensive, regional coordination of efforts and resources to reduce the number of homeless and persons at risk of homelessness throughout Orange County. This partnership serves as the regional coordinator of the year-round CoC planning process and regional homeless system of care.
The City supports the CoC planning process by providing information regarding the activities it will fund to address local homeless issues. The OC-CoC used this information to prepare the regional application to HUD for Homeless Assistance Grant funds. City staff will also expedite certifications of consistency with the Consolidated Plan and other forms of support for the OC-CoC. The City is also a supporter and participant in the biennial Point-In-Time Survey of the region’s homeless.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City is not a recipient of Emergency Solutions Grant (ESG) funds; therefore, it does not help the OC- CoC determine ESG allocations, evaluate the outcomes, or develop policies and procedures for administering the regional Homeless Management Information System (HMIS).
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities (see Table 2):
Item: 15
413
Draft 3/30/22 Annual Action Plan
2022-2023
6 OMB Control No: 2506-0117 (exp. 07/31/2015)
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type PHA
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided data regarding households receiving HUD rental assistance and regarding households on the waitlist for housing assistance
2 Agency/Group/Organization 211 Orange County
Agency/Group/Organization Type Regional organization
Planning organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Homeless Management Information System (HMIS)
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided data regarding regional homeless, housing/service gaps for homeless, and HMIS management
3 Agency/Group/Organization Fair Housing Council of Orange County Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Impediments to Fair Housing Item: 15
414
Draft 3/30/22 Annual Action Plan
2022-2023
7 OMB Control No: 2506-0117 (exp. 07/31/2015)
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided data regarding fair housing issues in the community and input on impediments to fair housing - also assisted in developing action steps to address impediments to fair housing
4 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the housing and service needs of seniors, including homebound seniors
5 Agency/Group/Organization Families Forward
Agency/Group/Organization Type Services - Housing
Services-Homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Strategy
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding housing and service needs of homeless families and families at risk of becoming homeless
6 Agency/Group/Organization Family Assistance Ministry
Agency/Group/Organization Type Services - Housing
Services-Homeless
Item: 15
415
Draft 3/30/22 Annual Action Plan
2022-2023
8 OMB Control No: 2506-0117 (exp. 07/31/2015)
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Needs - Veterans
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding housing and service needs of homeless households and households at risk of becoming homeless
7 Agency/Group/Organization South County Outreach
Agency/Group/Organization Type Services - Housing
Services-Homeless
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the needs of lower-income households, specifically, individuals/households at risk of becoming homeless 8 Agency/Group/Organization Camino Health Center
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Needs of Low/Mod persons
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding medical/dental service needs of the community, including homeless individuals
9 Agency/Group/Organization Mercy House Transitional Living Centers Agency/Group/Organization Type Services - Housing
Services-homeless
Item: 15
416
Draft 3/30/22 Annual Action Plan
2022-2023
9 OMB Control No: 2506-0117 (exp. 07/31/2015)
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless
Homelessness Needs - Veterans
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the needs of chronically homeless individuals
10 Agency/Group/Organization Alzheimer’s Orange County
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the service needs of seniors with Alzheimer’s and other forms of dementia and disabilities 11 Agency/Group/Organization County of Orange
Agency/Group/Organization Type Other government - County What section of the Plan was addressed by Consultation? Regional program information Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Various county departments provided information regarding public health, public safety, and housing programs
12 Agency/Group/Organization Vocational Visions
Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Economic development
Item: 15
417
Draft 3/30/22 Annual Action Plan
2022-2023
10 OMB Control No: 2506-0117 (exp. 07/31/2015)
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Provided input regarding the needs of adults with developmental disabilities, specifically developing economic opportunities for this special need population.
Identify any Agency Types not consulted and provide rationale for not consulting The City consulted with various agencies serving Lake Forest residents and the region. No agency types were explicitly excluded from the consultation process.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care 211-Orange County
Addresses issues pertaining to homelessness,
including the 2019 Homeless Point-in-Time
Survey
5-Year Plan & 1-Year Public Housing
Authority (PHA) Plan Orange County Housing Authority
Agency plans and policies related to
providing rental assistance for very low-
income households
Housing Element City of Lake Forest City policies and goals for the preservation and expansion of the City’s housing stock
Capital Improvement Budget City of Lake Forest Includes a multi-year plan for the use of CDBG funds for capital projects
Analysis of Impediments to Fair Housing Orange County HUD Grantee Cities and the County of Orange
Countywide document that identifies fair
housing impediments within participating
cities and outlines a plan to address issues
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
Item: 15
418
Draft 3/30/22 Annual Action Plan
2022-2023
11 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of Lake Forest offered several opportunities for participation and comment throughout the Annual Action Plan preparation process. The City’s Citizen Participation Plan outlines the City’s process to obtain public participation in developing the Annual Action Plan (AAP) and other facets of the CDBG Program. Action steps include a public hearing before the City Council, a 30-day public review of the Action Plan, and a final City Council meeting to adopt the Action Plan. Public notices and a summary of public comments are provided in Attachment 2.
Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If applicable)
1 Internet
Outreach
Nonprofits Notification of
availability of CDBG
funding for FY 22-23
NA NA NA
2 Newspaper Ad
Non-
targeted/broad
community
Notice regarding the
30-day public review
period (3/3/22 to
4/5/22) and 4/5/22
public hearing
TBD TBD NA
3 Public Hearing
Non-
targeted/broad
community
4/5/22 City Council
public hearing to
review the draft
Action Plan and
receive public
comment
TBD TBD NA
Item: 15
419
Draft 3/30/22 Annual Action Plan
2022-2023
12 OMB Control No: 2506-0117 (exp. 07/31/2015)
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If applicable)
4 Public
Meeting
Non-
targeted/broad
community
5/03/22 public
meeting to approve
FY 22-23 Action Plan
and authorize
submission of the
plan to HUD
TBD TBD NA
Table 4 – Citizen Participation Outreach
Item: 15
420
Draft 3/30/22 Annual Action Plan
2022-2023
13 OMB Control No: 2506-0117 (exp. 07/31/2015)
Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)
Introduction
Fluctuations in annual CDBG allocations make it challenging to determine anticipated resources for five years; however, based on recent allocations, the City expects to receive approximately $500,000 annually in CDBG funding for a five-year total of $2,500,000. The City uses CDBG funds for housing preservation activities, public improvements, public services, and administrative costs.
HUD has not notified the City how much it will receive in CDBG funding for FY 2022-23. For planning purposes, the City anticipates receiving $513,700 in CDBG funds. Additional resources for the year include prior year funds totaling $408,621 and program income received during the fiscal year generated by the repayment of previously funded housing rehabilitation loans. The City anticipates that the County of Orange will continue to administer the federal rental assistance program in Lake Forest, assisting approximately 170 households per year. The City will continue its efforts to leverage CDBG funds with other federal, state, and local funds.
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 3 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG Public-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 513,700 0 408,621 922,321 1,000,000
CDBG annual allocation,
prior year funds, and
projected loan
repayments
Table 5 - Expected Resources – Priority Table
Item: 15
421
Draft 3/30/22 Annual Action Plan
2022-2023
14 OMB Control No: 2506-0117 (exp. 07/31/2015)
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City has identified other resources that may be available to carry out activities that address the goals of the Consolidated Plan:
• OCHA reports that as of January 2022, 174 Lake Forest households receive rental assistance. The City anticipates that OCHA will provide rental assistance to 170 Lake Forest households during FY 2022-23. • The City does not have an inclusionary housing program; however, the Housing Element indicates the City will encourage developers to include a minimum of 15 percent affordable units within their housing projects. As an alternative, developers may pay an in-lieu fee instead of constructing affordable units within their development. The City will negotiate an agreement with a developer to ensure units are built or collect the in-lieu fee.
CDBG does not require matching funds.
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City of Lake Forest Housing Authority holds assets formerly held by the Lake Forest Redevelopment Agency, including a tax-defaulted vacant parcel purchased from the County of Orange (Mamie Thomas Parcel). The City continues its efforts to sell the Mamie Thomas Parcel. The City has also continued to work with developers to identify parcels suitable for development. The City has recently approved a 71-unit apartment project for seniors earning less than 60% of the area median income. Twelve units in the project will serve as supportive housing for formerly homeless seniors with special needs. It is anticipated that the project will be completed in 2023.
Discussion
Funding resources to implement the City’s Consolidated Plan are limited. The City anticipates that fluctuations in CDBG funding will continue.
HUD has begun to invest additional resources into housing assistance vouchers and certificates, and OCHA has aggressively pursued these new resources. The City will support OCHA’s efforts to secure new rental assistance resources. As other resources (e.g., Housing Authority) become available, the City will explore opportunities to expend these funds to support the goals and objectives of the Consolidated Plan.
Item: 15
422
Draft 3/30/22 Annual Action Plan
2022-2023
15 OMB Control No: 2506-0117 (exp. 07/31/2015)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e ) Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Infrastructure and
Facility
Improvements
2022 2023 Non-Housing
Community
Development
CDBG
Target
Areas
Citywide
Public
Improvements
CDBG:
$50,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit:
1,066 Persons Assisted
2 Housing
Preservation
2022 2023 Affordable Housing Citywide Affordable Housing CDBG:
$692,766
Homeowner Housing
Rehabilitated: 10 Household
Housing Unit
Rental Housing: 1 Unit
3 Public Social
Services
2022 2023 Non-Homeless
Special Needs
Low & Moderate-
income Households
Citywide Public Services CDBG:
$42,500
Public service activities other
than Low/Moderate Income
Housing Benefit: 1,848 Persons
Assisted
Item: 15
423
Draft 3/30/22 Annual Action Plan
2022-2023
16 OMB Control No: 2506-0117 (exp. 07/31/2015)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
4 Homeless
Continuum of Care
2022 2023 Homeless Citywide Homeless Support
Services and
Housing
CDBG:
$34,555
Public service activities other
than Low/Moderate Income
Housing Benefit: 873 Persons
Assisted
Homeless Person Overnight
Shelter:
6 Persons Assisted
Homelessness Prevention:
178 Persons Assisted
5 Program
Administration
2022 2023 Administration Citywide Administration and
Planning
CDBG:
$102,500
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal
Description
Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents
2 Goal Name Housing Preservation
Goal
Description
Loans and grants to improve owner-occupied housing or expand the supply of housing affordable to lower-income households
3 Goal Name Public Social Services
Goal
Description
Provide or improve access to public social services for low- and moderate-income persons and persons with special needs
Item: 15
424
Draft 3/30/22 Annual Action Plan
2022-2023
17 OMB Control No: 2506-0117 (exp. 07/31/2015)
4 Goal Name Homeless Continuum of Care
Goal
Description
A continuum of supportive and housing services for the homeless and households at risk of homelessness 5 Goal Name CDBG Program Administration
Goal
Description
CDBG program oversight and coordination, including fair housing services Table 7 – Goal Descriptions
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):
The City is not a participating jurisdiction in the HUD HOME program; however, an estimated ten households will be assisted with CDBG-funded housing rehabilitation during FY 2022-23. Funds will also support the expansion of affordable housing opportunities.
Item: 15
425
Draft 3/30/22 Annual Action Plan
2022-2023
18 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-35 Projects – 91.220(d)
Introduction
The activities to be undertaken during FY 2022-23 are summarized below. All activities identified are expected to be completed by June 30, 2023. As of the date of this draft, HUD has not notified the City of its FY 2022-23 CDBG allocation. Accordingly, funding for activities will be increased or decreased by a uniform percentage based on the final FY 2022-23 CDBG grant. # Project Name
1 CDBG Administration
2 Housing Rehabilitation Loans
3 Paint Program Grants
4 Affordable Housing
5 Age Well Senior Services
6 Alzheimer’s Orange County
7 Boys & Girls Club
8 Camino Health Center
9 Fair Housing Council of OC
10 Families Forward
11 Assistance Ministry
12 South County Outreach
13 Vocational Visions
14 ADA Sidewalk Curb Ramps Phase 13
Table 8 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City recognizes that special needs populations (i.e., seniors, disabled, and households with extremely low-income) are more likely to become homeless because they have limited income or other issues that require supportive housing or services; therefore, the City considers supportive services a high priority.
The City anticipates that the greatest obstacle to meeting the underserved needs of these special needs populations will be a lack of financial resources for both supportive services and housing. A common need reported by service providers is affordable housing. Increasing rents, and reductions to the Housing Choice Voucher Program and other housing programs, can impact the City's ability to support affordable housing opportunities for extremely low- and very low-income households.
Item: 15
426
Draft 3/30/22 Annual Action Plan
2022-2023
19 OMB Control No: 2506-0117 (exp. 07/31/2015)
Projects
AP-38 Projects Summary
Project Summary Information
Table 9 – Project Summary
1 Project Name CDBG Administration
Target Area Citywide
Goals Supported CDBG Program Administration
Needs Addressed Program Administration
Funding CDBG: $102,500
Description CDBG program oversight and coordination
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
NA
Location Description Citywide
Planned Activities CDBG program oversight and coordination, including public service grant management, preparation of reports, and IDIS management
2 Project Name Housing Rehabilitation Loans
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Affordable Housing
Funding CDBG: $235,000 (plus program income received during the year) Description Housing rehabilitation loans for owner-occupied housing units Item: 15
427
Draft 3/30/22 Annual Action Plan
2022-2023
20 OMB Control No: 2506-0117 (exp. 07/31/2015)
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
7 low- and moderate-income households
Location Description Citywide
Planned Activities Loans to rehabilitate owner-occupied housing units 3 Project Name Paint Program Grants
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Affordable Housing
Funding CDBG: $25,000
Description Grants to assist homeowners in painting the exterior of their home Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
5 low- and moderate-income homeowners
Location Description Citywide
Planned Activities Grants to homeowners to paint the exterior of their home 4 Project Name Affordable Housing
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Affordable Housing
Funding CDBG: $482,766
Description Financial support to expand affordable housing opportunities for lower-income Item: 15
428
Draft 3/30/22 Annual Action Plan
2022-2023
21 OMB Control No: 2506-0117 (exp. 07/31/2015)
households
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
1 housing unit
Location Description TBD
Planned Activities CDBG funds to assist with expanding affordable housing opportunities for families with children
5 Project Name Age Well Senior Services
Target Area Citywide
Goals Supported Public Services
Needs Addressed Public Services
Funding CDBG: $7,250
Description In-home support services for home-bound seniors Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
20 Seniors and frail elderly
Location Description Citywide
Planned Activities Case management and in-home support services for home-bound seniors and frail elderly
6 Project Name Alzheimer’s Orange County
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Item: 15
429
Draft 3/30/22 Annual Action Plan
2022-2023
22 OMB Control No: 2506-0117 (exp. 07/31/2015)
Funding CDBG: $5,000
Description Adult day services
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
19 seniors and disabled adults
Location Description Citywide
Planned Activities Adult daycare and ancillary services for seniors and adults with Alzheimer’s, other forms of dementia, and disabilities
7 Project Name Boys & Girls Club of Laguna Beach
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $5,000
Description Childcare services
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
60 youths
Location Description 23701 Los Alisos Blvd, Lake Forest – El Toro Park Planned Activities After school and summer recreation and daycare services for youths grades K through 8 8 Project Name Camino Health Center
Target Area Citywide
Goals Supported Public Social Services
Item: 15
430
Draft 3/30/22 Annual Action Plan
2022-2023
23 OMB Control No: 2506-0117 (exp. 07/31/2015)
Needs Addressed Public Services
Funding CDBG: $12,750
Description Low-cost medical services
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
1,650 Individuals
Location Description 22481 Aspan St. Suite A, Lake Forest CA Planned Activities Reduced cost medical services for low- and moderate-income persons 9 Project Name Fair Housing Council of OC
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $7,500
Description Fair housing services
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
228 Individuals (65 households)
Location Description Citywide
Planned Activities Fair housing outreach, education, enforcement services, and enhanced mediation services due to the lifting of the eviction moratorium
10 Project Name Families Forward
Target Area Citywide
Item: 15
431
Draft 3/30/22 Annual Action Plan
2022-2023
24 OMB Control No: 2506-0117 (exp. 07/31/2015)
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $11,000
Description Support services for at-risk and homeless families with children Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
23 homeless persons
Location Description Citywide
Planned Activities Case management for homeless families with children and families with children that are at risk of becoming homeless
11 Project Name Family Assistance Ministry
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $6,750
Description Housing and services for households at risk of homelessness or that are homeless Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
1,000 lower-income individuals (850 with support services, 144 with rent or utility assistance, and 6 with emergency or transitional housing) Location Description Citywide
Planned Activities Case management, food assistance, rental or utility assistance, and case management for households at risk of homelessness or that may be homeless Item: 15
432
Draft 3/30/22 Annual Action Plan
2022-2023
25 OMB Control No: 2506-0117 (exp. 07/31/2015)
12 Project Name South County Outreach
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $16,805
Description Homelessness prevention assistance
Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
34 low- and moderate-income persons
Location Description 7 Whatney St. B, Irvine CA
Planned Activities Foodbank services, including case management - services also include emergency rent and utility assistance to prevent eviction or termination of services 13 Project Name Vocational Visions
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $5,000
Description Community integration employment services for adults with developmental disabilities Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
34 adults with developmental disabilities
Location Description 26041 Pala, Mission Viejo CA
Item: 15
433
Draft 3/30/22 Annual Action Plan
2022-2023
26 OMB Control No: 2506-0117 (exp. 07/31/2015)
Planned Activities Job development for services for adults with developmental disabilities 14 Project Name ADA Sidewalk Curb Ramps Phase 13
Target Area Citywide
Goals Supported Public Improvements and Public Facilities Needs Addressed Non-Housing Community Development
Funding CDBG: $50,000
Description Installation of sidewalk curb ramps that comply with current ADA regulations Target Date 6/30/2023
Estimate the number and type of families
that will benefit from the proposed activities
According to HUD data, 2,633 individuals with a disability reside in the project area – per U.S. Census Bureau, 1,066 individuals with ambulatory difficulty reside in the project area
Location Description City Area 2 – Census Tracts 320.14, 320.16, 524.11, and 524.16 Planned Activities Installation of 6 to 10 sidewalk curb ramps that comply with current ADA regulations Item: 15
434
Draft 3/30/22 Annual Action Plan
2022-2023
27 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed For FY 2022-23, CDBG funds will support citywide activities for income-eligible or eligible households due to a unique characteristic (e.g., adults with disabilities and seniors) regardless of where they live in Lake Forest. No “area-wide” activities are planned.
Geographic Distribution
Target Area Percentage of Funds
CDBG Target Areas 0
Citywide 100
Table 10 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City does not explicitly allocate CDBG funds on a geographic basis; instead, funds are allocated to meet lower-income households' needs best regardless of where they reside in the City. The City prioritizes using its CDBG funding to preserve housing that is affordable to lower-income households (via rehabilitation), which helps prevent homelessness or assist those already homeless. These activities are carried out on a citywide basis.
CDBG-funded infrastructure and facility improvements are typically undertaken within Low- and Moderate-Income areas, which have a higher percentage of lower-income residents (see Attachment 3 – map of the City’s CDBG eligible areas). Some infrastructure/facility improvement projects may be undertaken outside Low- and Moderate-Income areas; such projects are typically limited to those that address ADA regulations.
Discussion
CDBG funds will fund programs that serve lower-income Lake Forest residents regardless of where they live. For FY 2022-23, CDBG funds will benefit residents citywide.
Item: 15
435
Draft 3/30/22 Annual Action Plan
2022-2023
28 OMB Control No: 2506-0117 (exp. 07/31/2015)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Although the Consolidated Plan and Action Plan focuses on the community's affordable housing needs, the City's only HUD funding source is CDBG. HUD regulations prohibit the use of CDBG to construct new housing; however, the City will allocate funds to preserve existing housing that is affordable to lower- income homeowners.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 11
Special-Needs 0
Total 11
Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 10
Acquisition of Existing Units 1
Total 11
Table 12 - One Year Goals for Affordable Housing by Support Type Discussion
The City's CDBG-funded affordable housing strategy maintains affordable housing stock through housing rehabilitation programs and supporting rental assistance programs like the Housing Choice Voucher (administered by the OCHA). The City anticipates ten homeowners will participate in the City’s housing rehabilitation program, and 170 Lake Forest renter households will receive rental assistance during FY 2022-23. Funds are also allocated to expand the City’s supply of long-term permanent affordable housing opportunities for lower-income households.
Item: 15
436
Draft 3/30/22 Annual Action Plan
2022-2023
29 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-60 Public Housing – 91.220(h)
Introduction
The City of Lake Forest does not own or manage public housing.
Actions planned during the next year to address the needs to public housing Not applicable
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable
Discussion
The City of Lake Forest does not own or operate public housing.
Item: 15
437
Draft 3/30/22 Annual Action Plan
2022-2023
30 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City recognizes the importance of assisting the homeless and near-homeless with a continuum of care approach that addresses a homeless person’s immediate shelter needs and provides access to transitional and permanent housing, support services, and employment opportunities to break the cycle of homelessness.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City collaborates and relies on nonprofit partners to reach out to homeless persons (especially unsheltered persons). The City will allocate CDBG funds to three agencies to provide services for homeless individuals. Each agency has an outreach component used to engage and assess clients. In addition, Mercy House will receive non-CDBG funding to support its street outreach and engagement program. The Mercy House Street Outreach Team will partner with the OC Sheriff to implement this program.
Addressing the emergency shelter and transitional housing needs of homeless persons In past years, the City used CDBG funds to assist nonprofits in acquiring eight condominium units located in the community to provide transitional housing. For FY 2022-23, Family Assistance Ministry’s “Housing Program” is recommended for CDBG funding. This program will provide emergency or interim housing for an estimated six individuals (i.e., families with children).
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Orange County Continuum of Care coordinates a system that incorporates several evidence-based practices, including a Housing First approach that involves moving persons directly from the streets into permanent housing accompanied by home-based supportive services. This approach has been effective with chronically homeless persons and families.
In past years Lake Forest used CDBG and local funding to expand permanent housing opportunities for the formerly homeless. In 2015, the City’s Housing Authority (former redevelopment agency) sold a four-unit apartment to Families Forward. These units provide permanent housing opportunities for Item: 15
438
Draft 3/30/22 Annual Action Plan
2022-2023
31 OMB Control No: 2506-0117 (exp. 07/31/2015)
lower-income households, including formerly homeless families. CDBG funds are allocated in FY 2022-23 to support expanding the City’s permanent affordable housing opportunities supply.
For FY 2022-23, CDBG funding is allocated to Families Forward. Families Forward will utilize funds to provide case management and support services to families residing in affordable housing. This program aims to stabilize at-risk families in stable housing near. HUD has also significantly increased the number of rental assistance vouchers for homeless Veterans (i.e., Veterans Affairs Supportive Housing or VASH vouchers). In addition to receiving rental assistance, veterans with a history of severe mental health illness, substance use disorder, or physical disabilities receive case management and appropriate support services from the Department of Veterans Affairs. Currently, 18 VASH vouchers are in place throughout Lake Forest.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
For FY 2022-23, the City will allocate CDBG funds to Family Assistance Ministry and South County Outreach for various services to assist the near-homeless and those already homeless. These agencies will also utilize CDBG funds to assist households at risk of eviction or the termination of utilities due to financial hardships. The City will also continue to support regional homeless planning efforts, including the OC CoC’s Discharge Plan, which aims to prevent individuals from leaving institutions such as jails and hospitals from becoming homeless.
Discussion
The programs identified above to address homeless persons' needs indicate that serving the homeless is a complex issue requiring a network of service providers. The City will allocate CDBG resources to support a network of agencies that will address the needs of the community’s homeless and those at risk of becoming homeless.
Item: 15
439
Draft 3/30/22 Annual Action Plan
2022-2023
32 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction
The City’s Consolidated Plan provides detailed information regarding barriers to affordable housing and actions to overcome these barriers. The actions to address these barriers during FY 2022-23 are summarized below.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Affordable housing development faces several challenges, including the cost of construction, financing, and development regulations. The 2013–2021 Housing Element notes that the City can encourage and facilitate affordable housing through financial assistance, removal of regulatory constraints, and administrative support. It offers the following actions to promote affordable housing production with limited available funding.
• The City will monitor new neighborhood developments for compliance with development agreements that include an Affordable Housing Implementation Plan. • The City will collaborate with affordable housing developers to identify potential sites, write letters of support to help secure governmental and private-sector funding, and offer technical assistance related to applying State density bonus provisions. • Work with developers on a case-by-case basis to provide State-mandated regulatory concessions and incentives to develop affordable and senior housing. State-mandated regulatory concessions and incentives could include but are not limited to density bonuses, parking reductions, fee reductions or deferral, expedited permit processing, and modified or waived development standards.
• If available, provide financial subsidies to help reduce the development cost in exchange for units reserved for lower-income residents.
Discussion
The Consolidated Plan includes an extensive narrative regarding barriers to affordable housing and actions the City can take to mitigate identified obstacles to affordable housing development. As outlined above, the City provides an expedited development review process for affordable housing projects to reduce holding costs and overall development costs. The City has little control over market forces such as the cost of land, building materials, and labor. If resources are available, the City may provide gap financing to help reduce overall development costs as an incentive to develop affordable housing. As outlined above, CDBG funds are allocated to support additional permanent affordable housing opportunities for lower-income households. There are no growth limit initiatives in Lake Forest.
Item: 15
440
Draft 3/30/22 Annual Action Plan
2022-2023
33 OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-85 Other Actions – 91.220(k)
Introduction
There are several constraints to meeting low-income residents' needs; the primary obstacle is a lack of adequate funding to address all needs. Demand for services has forced many nonprofits to reduce services when governmental entities also decrease resources. In response to the level of need, the City has maintained its commitment to utilize and leverage resources efficiently and effectively to meet priority community needs.
Actions planned to address obstacles to meeting underserved needs The City recognizes that special needs populations face challenges due to low income and unique life conditions. These individuals are often more likely to become homeless due to these factors. Special needs populations often require unique housing and supportive services. The City considers supportive services and housing for special needs populations a high priority. In FY 2022-23, the City will fund public service agencies that assist underserved populations such as the homeless, seniors, the disabled, and low-income families with children.
Actions planned to foster and maintain affordable housing The City's strategies related to CDBG-funded affordable housing efforts are focused on maintaining the housing stock through its housing rehabilitation programs, supporting rental assistance programs like the Housing Choice Voucher, and helping to ensure individuals have access to housing free of discrimination due to race, gender, disability, and other personal or household characteristics. During FY 2022-23, the City will also provide funding to expand the City’s supply of affordable housing.
Actions planned to reduce lead-based paint hazards
The Residential Lead-Based Paint (LBP) Hazard Reduction Act of 1992 changed the federal strategy for addressing LBP by emphasizing preventing childhood lead poisoning through housing-based approaches.
For example, lead-based paint hazard reduction is an eligible activity in the City’s housing rehabilitation programs.
All application packets for the City’s housing rehabilitation programs include a notice to educate residents about the health dangers of lead and encourage children's screening for elevated blood-lead levels. Additionally, before using federal funds, housing units are screened for lead-based paint. Housing units identified with lead-based paint hazards are treated, so the lead-based paint is abated per current federal requirements. The use of lead-based paint is prohibited in newly constructed units.
Actions planned to reduce the number of poverty-level families The City will leverage limited CDBG funds to address poverty-level families' needs by partnering with nonprofit agencies that focus on these households. Specifically, the City will fund programs that provide safety-net services such as food banks, limited financial assistance to prevent eviction, low-cost medical care, and fair housing education/enforcement services.
Item: 15
441
Draft 3/30/22 Annual Action Plan
2022-2023
34 OMB Control No: 2506-0117 (exp. 07/31/2015)
Actions planned to develop institutional structure
The City of Lake Forest will continue efforts to eliminate institutional gaps and enhance the coordination of programs with all community segments. For example, the City will partner with nonprofit entities to deliver public services. City departments will continue to work together to evaluate programs and projects that may be funded in whole or in part with CDBG funds that address priority needs. The City will assist OCHA by participating in the Cities Advisory Committee – a quarterly meeting of cities and OCHA to discuss federal rental housing assistance and general housing issues. As a supporter of the OC- CoC Community Forum, the City will provide information to the regional CoC to prepare the County’s annual Continuum of Care Homeless Assistance grant application. The City will also continue to support the development of the County’s Ten-Year Plan to end chronic homelessness and a regional discharge plan.
Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to participate in regional coordination of services by participating in the Cities Advisory Committee - the quarterly meeting of cities and OCHA to discuss federal rental housing assistance issues and the OC-Co C Community member Forum. On an annual basis, the City meets with service providers to discuss service needs and ways to improve service to residents. Another example of enhanced coordination is preparing the county-wide Analysis of Impediments to Fair Housing. The City participated in developing this document, which required significant jurisdictional coordination.
Discussion
HUD-funded grant recipients are required to not discriminate in housing or services directly or indirectly based on race, color, religion, sex, national origin, age, familial status, or disability. Grant recipients such as Lake Forest are required to: (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate metropolitan- wide area fair housing planning. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document utilized for this purpose. In addition to identifying impediments, a strategy to overcome barriers must be developed and implemented - accomplishments are reported annually. The City participated in developing a county-wide AI, which the City Council adopted in May 2020. A summary of impediments to fair housing and the action steps the City will take during FY 2022-23 are found in Attachment 4.
Item: 15
442
Draft 3/30/22 Annual Action Plan
2022-2023
35 OMB Control No: 2506-0117 (exp. 07/31/2015)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
The program-specific requirements that apply to the City are those for the CDBG program.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0 3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0
5. The amount of income from float-funded activities 0
Total Program Income 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate-income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
100.00%
Discussion
The City will meet the 70% low- and moderate-income Overall Benefit requirement for using CDBG funds in the three years of FY 2020, 2021, and 2022.
CDBG funds for FY 2022-23 will be allocated to the abovementioned activities. Community service activities will be qualified as “low- and moderate-income area benefit” or “limited clientele benefit.” Public facility and infrastructure improvements will be qualified under “low- and moderate-income area benefit” or “limited clientele benefit” (e.g., ADA improvements). Housing Rehabilitation and Neighborhood Pride Paint programs will be available citywide to qualified low- and moderate-income homeowners.
Item: 15
443
Draft 3/30/22 Annual Action Plan
2022-2023
36 OMB Control No: 2506-0117 (exp. 07/31/2015)
CDBG program income received during FY 2022-23 will be allocated to the City’s Housing Rehabilitation Program (Revolving Loan funds). The City does not have surplus funds from urban renewal settlements, nor does the City have grant funds returned to its line of credit. The City will not undertake float-funded activities; therefore, it does not anticipate program income from this type of activity. Finally, the City does not anticipate undertaking urgent need activities during FY 2022-23, nor will it undertake any actions that may result in the involuntary displacement of businesses or residents.
As indicated above, if available, CDBG program income will be made available to fund additional housing rehabilitation loans. The City anticipates carrying forward $0 in housing rehabilitation funds for housing activities during FY 2022-23.
Item: 15
444
Five-Year and One-Year Summary of Accomplishments
Grantee Name: City of Lake Forest
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Housing Units 8 9 112.5%
2021 Housing Units 13 TBD TBD
2022 Housing Units 10
2023 Housing Units
2024 Housing Units
40 9 22.50%
2020 Housing Units 0 0 NA
2021 Housing Units 0 TBD TBD
2022 Housing Units 1
2023 Housing Units
2024 Housing Units
0 0 0.00%
2020 Housing Units 200 192 96.00%
2021 Housing Units 185 TBD TBD
2022 Housing Units 170
2023 Housing Units
2024 Housing Units
200
(Annual Avg)
192
(1 Yr Avg)
96.00%
(1 Yr Avg)
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Individuals 295 276 93.56%
2021 Individuals 1,956 TBD TBD
2022 Individuals 1,848
2023 Individuals
2024 Individuals
8,000 276 3.45%
2020 Projects 0 0 0.00%
2021 Projects 6,754 TBD TBD
2022 Projects 1,066
2023 Projects
2024 Projects
7,500 0 0.00%
Housing Choice Vouchers (Administered by OCHA): Improve or expand the supply of housing affordable to lower-income households Provide or improve access to public social services for low- and moderate-income persons and persons with special needs
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
CDBG
Decent Housing
CDBG
5-Yr Con Plan Goal
Housing rehabilitation loans and grants to improve or expand the supply of housing affordable to lower-income households HUD
Housing
Vouchers
5-Yr Con Plan Goal
Housing acquisition loans and grants to improve or expand the supply of housing affordable to lower-income households CDBG
5-Yr Con Plan Goal
Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents
Objective: Housing Preservation
Suitable Living Environment
Objective: Public Social Services
Objective: Infrastructure and Facility Improvements
Attachment 1
1 of 2
Item: 15
445
Five-Year and One-Year Summary of Accomplishments
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Businesses 80 81 101.25%
2021 Businesses 0 TBD TBD
2022 Businesses 0
2023 Businesses
2024 Businesses
81 NA
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Individuals 2,375 914 38.48%
2021 Individuals 861 TBD TBD
2022 Individuals 1,057
2023 Individuals
2024 Individuals
2,680 914 34.10%
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2020 Year of Admin 0 0 NA
2021 Year of Admin 0 TBD TBD
2022 Year of Admin 0
2023 Year of Admin
2024 Year of Admin
450 0 0.00%
2020 Households 1 1 100.00%
2021 Households 1 TBD TBD
2022 Households 1
2023 Households
2024 Households
5 1 20.00%
CDBG
1. Fair Housing services are funded as a public service versus program administration. At the end of 1 year, 68 households have been assisted.
CDBG
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housing 1 Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan
Objective: Economic Opportunities
Economic Opportunity
5-Yr Con Plan Goal
Other
Objective: Administration and Planning
On September 1, 2020, added small business assistance grant for businesses impacted by the Coronavirus (CDBG-CV funding) Provide a continuum of supportive and housing services for the homeless and households at risk of homelessness
5-Yr Con Plan Goal
Continuum of Care
Objective: Homeless Continuum of Care
CDBG-CV
Attachment 1
2 of 2
Item: 15
446
SUMMARY OF PUBLIC COMMENTS
APRIL 5, 2022, CITY COUNCIL PUBLIC HEARING
TBD
30-DAY COMMENT PERIOD (3/3/22 THROUGH 4/5/22)
TBD
May 3, 2022, CITY COUNCIL MEETING
TBD
Attachment 2
1 of 3
Item: 15
447
PUBLIC NOTICE
CITY OF LAKE FOREST
Community Development Block Grant Program
2022-2023 Annual Action Plan
30-DA
Y PUBLIC REVIEW AND COMMENT PERIOD
AND NOTICE OF PUBLIC HEARING
N
otice is hereby given that the City of Lake Forest is seeking public input pursuant to the Community Development Block Grant (CDBG) program 2020 -2024 Consolidated Plan – Annual Action Plan for Fiscal Year ( FY) 202 2-23. The primary objective of the CDBG program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low- and moderate -income (those earning 80 percent or less of Orange County’s median income). This funding is provided by the U.S. Department of Housing and Urban Development (HUD). The scope of eligible activities established by HUD ranges from public works improvements to housing rehabilitation and social service programs.
FY 2022-23 Annual Action Plan
The Consolidated Plan is a 5 -year strategic plan that identifies priority community needs and projects/programs that may be implemented to meet these needs. The Annual Action Plan outlines the City’s proposed use of CDBG funds for a twelve -month period. As of the date of this notice, HUD has not announced FY 2022 -23 CDBG allocations; however, for planning purposes, the City anticipates it will receive $513,700 in CDBG funds from HUD for FY 2022-23. Prior year funds ($408,621) and program income will also be available to undertake eligible activities. Based on the estimated 2022- 23 CDBG allocation and other CDBG funding resources, the following activities are proposed:
Program Name Program Description
Estimate of
Proposed
Funding
Public Facility
Improvements/Housing
Examples: Sidewalk and street improvements,
ADA improvements, housing rehabilitation loans
and grants, affordable housing acquisition
$742,766
Public Services Examples: Food distribution, health care services, senior services, and homeless services $77,055 CDBG Program Administration
Program coordination, management, staffing,
monitoring, and reporting; fair housing education
and enforcement services
$102,500
CO
MMENT PERIOD
A copy of
the draft 2022-23 Annual Action Plan is available for review on the City-website:
http://www.lakeforestca.gov/854/Community-Development-Block-Grant. The plan is also available for public review at the following location: Lake Forest City Hall at 100 Civic Center Drive.
W
ritten public comments will be accepted from 3/3/22 through 4/5/22. Written comments should be submitted no later than 5:00 PM April 5, 2022 to:
C
ity of Lake Forest
Attn: Ron Santos, Senior Planner
100 Civic Center
Lake Forest, CA 92630
A
ll written comments received by the City will be responded to in writing.
Attachment 2
2 of 3
Item: 15
448
CITY COUNCIL PUBLIC HEARING
All interested persons are invited to attend the public hearing to discuss the draft 2022-23 Action Plan.
DATE: Tuesday, April 5, 2022
TIME: 6:30 PM, or soon thereafter
LOCATION: Lake Forest City Hall Council Chambers
100 Civic Center, Lake Forest, CA, 92630
Agenda on the Internet: The Agenda of meeting is available on the City website at https://lakeforestca.gov/129/Agendas. You can access the document on the Friday before the meeting. The meeting will also be livestreamed on the City website.
Agenda Document Review: The full Agenda including all back up information is available at City Hall, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting.
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.
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#.
Any petition for judicial review of a decision of the Lake Forest City Council is controlled by the statute of limitations provisions set forth in Sections 2.50.010 and 2.50.020 of the Lake Forest Municipal Code (“LFMC”) and Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Lake Forest City Council is controlled by Section 2.50.010 and Section 2.50.020 of the LFMC.
Any such action or proceeding that seeks judicial review of, attacks, or seeks to set aside or void any decision of the Lake Forest City Council shall be limited to those issues raised at the hearing described in this notice or in written correspondence delivered to the City Clerk, at, or prior to, the public hearing described in this notice, and must be commenced within the time limits specified in Chapter 2.50 of the LFMC.
Attachment 2
3 of 3
Item: 15
449
CITY OF LAKE FOREST CDBG ELIGIBLE AREAS
Attachment 3
1 of 1
Item: 15
450
ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE August 6, 2020
REGIONAL PROPOSED AI GOALS AND STRATEGIES
To address the contributing factors described above, the AI plan proposes the following goals and actions:
Regional Goals and Strategies."
Goal 1: Increase the supply of affordable housing in high opportunity areas.1 Strategies:
1. Explore the creation of a new countywide source of affordable housing.
2. Using best practices from other jurisdictions, explore policies and programs that increase the supply of affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.
3. Explore providing low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restrictions on their property.
4. Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.
5. Align zoning codes to conform to recent California affordable housing legislation.
Goal 2: Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities.
Strategies:
1. Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like A.B. 1482.
Goal 3: Increase community integration for persons with disabilities.
Strategies:
1. Conduct targeted outreach and provide tenant application assistance and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a housing database accessible to persons with disabilities.
2. Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in city-supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA- accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.
1 The term “high opportunity areas” generally means locations where there are economic and social factors and amenities that provide a positive impact on a person’s life outcome. This is described in more detail in Section iii, Disparities in Access to Opportunity.
Attachment 4
1 of 3
Item: 15
451
Goal 4: Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness.
Strategies:
1. Reduce barriers to accessing rental housing by exploring eliminating application fees for voucher holders and encouraging landlords to follow HUD's guidance on the use of criminal backgrounds in screening tenants.
2. Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.
Goal 5: Expand access to opportunities for protected classes.
Strategies:
1. Explore the voluntary adoption of Small Area Fair Market Rents or exception payment standards in order to increase access to higher opportunity areas for Housing Choice Voucher holders.
2. Continue implementing a mobility counseling program that informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic support to voucher holders seeking to move to higher opportunity areas.
3. Study and make recommendations to improve and expand Orange County's public transportation to ensure that members of protected classes can access jobs in employment centers in Anaheim, Santa Ana, and Irvine.
4. Increase support for fair housing enforcement, education, and outreach.
CITY OF LAKE FOREST PROPOSED AI GOALS AND STRATEGIES
1. In collaboration with the Orange County Housing Authority (OCHA):
a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b. Support OCHA's affirmative fair marketing plan and de-concentration policies by providing five-year and annual PHA plan certifications.
c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.
2. Through the City's fair housing contractor:
a. Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful. b. Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Methods of outreach may include workshops, informational booths, presentations to community groups, and the distribution of multi-lingual fair housing literature.
c. Provide general fair housing counseling and referrals services to address tenant-landlord issues, and investigate allegations of fair housing discrimination and take appropriate actions to conciliate cases or refer to appropriate authorities.
d. Periodically monitor local newspapers and online media outlets to identify potentially discriminatory housing advertisements.
Attachment 4
2 of 3
Item: 15
452
e. Include testing/audits within the scope of work with fair housing provider. f. Regularly consult with the City's fair housing contractor on potential strategies for affirmatively furthering fair housing on an ongoing basis.
3. In cooperation with the Orange County Transportation Authority:
a. Provide community education regarding transport services for persons with disabilities. b. Explore bus route options to ensure neighborhoods with a concentration of low-income or protected class populations have access to transportation services.
4. Support local eviction prevention strategies to reduce the number of homeless individuals and families (homelessness prevention services).
5. Prepare a new Housing Element that is compliant with all current State laws and is certified by the California Department of Housing and Community Development.
6. Update zoning ordinance to comply with current State law.
Attachment 4
3 of 3
Item: 15
453
ATTACHMENT 2
Item: 15
454
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/5/2022
DEPARTMENT: Community Development
SUBJECT:
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN
RECOMMENDED ACTION(S):
Conduct a public hearing on the draft Fiscal Year ("FY") 2022-2023 Community Development Block Grant ("CDBG") Program Annual Action Plan, provide direction to staff on any desired revisions, close the public hearing, and direct staff to return the item for final review and adoption via the Consent Calendar on May 3, 2022.
EXECUTIVE SUMMARY:
The federal Community Development Block Grant (“CDBG”) is a formula grant allocated to local governments for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities – principally for persons of low and moderate- income. The City has been a recipient of CDBG funds since 1994. The CDBG program is administered at the federal level by the U.S. Department of Housing and Urban Development (“HUD”) and locally by the City’s Community Development Department. Pursuant to HUD CDBG program regulations, the City is required to submit an Action Plan to HUD annually.
The Annual Action Plan (“AAP”) specifies how CDBG funds will be used to address the goals and objectives in the City’s Five-Year Consolidated Plan. The draft FY 2022-2023 CDBG AAP is attached for City Council review and comment. The draft AAP allocates $922,321 of funding, including $513,700 (anticipated) to be awarded for FY 2022-2023 and $408,621 of unspent prior year funding, as follows:
Affordable Housing: $432,766;
Housing Rehabilitation: $260,000;
Public Services: $77,055;
Capital Improvement Projects (Curb Ramp Construction): $50,000; and Program Administration: $102,500.
ATTACHMENT 2
Item: 15
455
1 8
6 4
The public hearing on this item follows a 30-day public comment period (March 3, 2022, to April 5, 2022). Subject to City Council direction, staff will incorporate any City Council-directed revisions to the AAP and present a final draft for approval on May 3, 2022. The City must submit an approved AAP to HUD no later than May 16, 2022.
BACKGROUND:
Consolidated Plan
The Consolidated Plan (“CP”) is a City Council-approved five-year plan that identifies the City’s overall housing and community development needs, outlines specific goals and objectives to guide the City’s CDBG spending priorities, and supports goals of the Housing Element. HUD regulations require that CDBG recipients prepare and submit (to HUD) an updated CP every five years to participate in the CDBG program and be eligible to receive annual funding.
The City Council adopted the current 2020-2024 CP on June 16, 2020. FY 2022- 2023 is the third year of the current CP cycle. The goals and objectives in the 2020-2024 CP are summarized below:
Rehabilitate the City’s existing single-family and multi-family housing stock;
Conserve and expand the existing supply of affordable housing; Provide supportive housing and services for the homeless and those at risk of becoming homeless;
Provide needed community services and infrastructure
improvements benefitting low and moderate-income persons and those with special needs;
Focus on the economic opportunities for residents in low- and moderate-income target areas.
The CP provides for a broad range of potential programs and projects that provide the City flexibility in addressing community needs over the five-year planning period. The CP also identifies federally required services (e.g., fair housing counseling services) the City must provide to receive CDBG funding.
Additionally, the CP stipulates that programs and projects are subject to the availability of CDBG funds and the City’s annual budget adoption process.
ATTACHMENT 2
Item: 15
456
1 8
6 4
DISCUSSION:
FY 2022-2023 CDBG Annual Action Plan
The FY 2022-2023 Annual Action Plan AAP (Attachment 1) is the City’s draft plan for use of the 2022 CDBG funding allocation and any unspent funds carried over from prior fiscal years in FY 2022-2023. The draft AAP specifies the available funds, the proposed allocations of those funds, and the federally mandated services the City would provide (e.g., fair housing services). Any additional program income received during the year would be accounted for in a mid-year budget adjustment or carried forward to the FY 2022-2023 AAP. A City Council-approved AAP must be submitted to HUD by mid-May of each year. The AAPs serve as the implementation documents for the Consolidated Plan.
The draft 2022-2023 AAP does not include CDBG-CV (Coronavirus) CARES Act funding. A draft FY 2019-2020 AAP amendment, to be presented as a separate agenda item, provides for expenditure of the balance of CDBG-CV funds.
Table 1: FY 2022-2023 Draft CDBG AAP Funds / Expenditures
AVAILABLE FUNDS
Source Amount
FY 2022-2023 Grant Amount (Estimate): $513,700
Prior Year Unspent Funds: $408,621
Total: $922,321
Category % Allocation
Affordable Housing: 47 $432,766
Housing Rehabilitation: 28 $260,000
Public Services: 8 $77,055
Capital Improvement Projects: 6 $50,000
Program Administration: 11 $102,500
Total: 100 $922,321
ATTACHMENT 2
Item: 15
457
1 8
6 4
Affordable Housing
Funding available in FY 2022-2023 is expected to be greater than in recent years, largely due to the carry-over of more than anticipated unspent prior-year funds. This presents an opportunity to use funds in an impactful way to support the availability of affordable housing, which is in high demand throughout the State, and in Southern California in particular. Accordingly, staff is recommending allocation of $432,766 for affordable housing activities.
Housing Rehabilitation
The draft AAP also includes $260,000 of funding for Housing and Neighborhood Improvement. This spending category consists of the Housing Rehabilitation Loan Program ("Rehab Loan Program") and the Neighborhood Pride Paint Program ("Paint Program"). Both programs assist income-qualified Lake Forest homeowners with addressing deferred property improvements issues while also improving property values and overall aesthetics of the City's neighborhoods.
The draft AAP provides $235,000 for the Rehab Loan Program and $25,000 for the Paint Program.
The Rehab Loan Program offers a maximum loan amount of $30,000 for improvements to conventional single-family homes and up to $15,000 for ATTACHMENT 2
Item: 15
458
1 8
6 4
improvements to mobile homes. Paint Program grants are typically $5,000.
Accordingly, the recommended funding would allow for approximately seven rehab loans and cover the cost of related escrow and administration fees.
Additional loans may be feasible if program income (i.e., loan repayment) is received during the year. The $25,000 allocation for the Paint Program would provide for approximately three homes to be repainted.
Public Services
A maximum of 15% of the annual grant allocation may be allocated to public services (i.e., nonprofit organizations that provide a range of services in the community and whose goals align with those identified in the City’s Consolidated Plan). Given the value of the proposed services to the Lake Forest community, staff recommends funding public service programs at the maximum amount allowed (15% of the grant amount). Funding public services at the maximum rate is consistent with past practice and is a significant factor in advancing the goals outlined in the CP.
Public Outreach
To engage a wide range of public service providers, staff undertook an outreach effort that began with a Notice of Funding Availability (“NOFA”) for the FY 2022- 2023 program year. The NOFA was published in the Saddleback Valley News and on the City's website on March 3, 2022. Staff also sent the NOFA, an application form, and application instructions to those organizations that applied for or expressed interest in receiving funding from the City in recent years.
For FY 2022-2023, the City received funding applications from ten non-profit organizations. Nine of the ten (all but Boys & Girls Club) received CDBG funding from the City in recent years. Staff is recommending funding for nine of the ten grant applicants, as follows:
Table 2 – Public Service Funding Recommendations
Applicant Services Provided
3-Yr.
Per-
form-
ance
Avg.*
Requested
Funding
Recom-
mended
Funding
Amount
Age Well
Senior
Services
In-home case mgmt., support
services, and delivered meals for
homebound and frail seniors
88.6% $7,500 $7,250
Alzheimer's
Orange County
Daycare services for adults with
Alzheimer’s, other types of
dementia, and physical disabilities
76.0% $5,000 $5,000
Boys & Girls
Club of Laguna
Beach
Affordable after-school childcare,
including educational and social
activities, for low-income families
N/A** $10,000 $5,000
ATTACHMENT 2
Item: 15
459
1 8
6 4
Applicant Services Provided
3-Yr.
Per-
form-
ance
Avg.*
Requested
Funding
Recom-
mended
Funding
Amount
Camino Health
Center
Low-cost medical and pediatric
dental services for low-income and
indigent residents
145.2% $15,000 $12,750
Fair Housing
Council of OC Fair housing services 104.7% $7,500 $7,500 Families
Forward
Transitional housing, support
services, and case management for
homeless and near homeless
families, food pantry
152.0% $25,000 $11,000
Family
Assistance
Ministries
Rental and utility assistance to help
prevent eviction/homelessness;
counseling, food pantry, rapid re-
housing, wraparound services
86.2% $10,000 $6,750
Mercy House
Homeless street outreach services
including case management and
connecting homeless population to
permanent housing opportunities
N/A** $10,000 $0
South County
Outreach
Emergency services to individuals
experiencing food insecurity and/or
at risk of homelessness, including
affordable housing, rapid rehousing,
foodbank, utility assistance, case
management and other assistance
to prevent evictions
99.7% $30,000 $16,805
Vocational
Visions
Employment support services for
adults with developmental
disabilities
123.7% $5,000 $5,000
TOTAL: $125,000 $77,055
* Organizations with greater than 100% exceeded their goal for serving LF residents. ** Organization did not receive CDBG funding from Lake Forest in FY 2021-2022.
As in previous years, the total combined amount requested by applicants exceeds the 15% cap for public service grants. Staff, with the assistance of the City’s CDBG consultant, reviewed all applications for completeness and with consideration to community needs. In formulating funding recommendations, staff considered the City Council priorities identified in the CP, and returning applicants’ past three-year performance rates (i.e., the number of Lake Forest residents served relative to the goals stated in the respective applications – see Attachment 3). Additionally, staff considered the practicalities of administering each grant by both the City and the grant recipient, including the cost of required expenditure reporting, eligibility verification, accounting, and documentation. On this basis, staff recommends that individual grants be no less than $5,000. A summary of the applications received is provided as Attachment 3.
ATTACHMENT 2
Item: 15
460
1 8
6 4
Regular CDBG funding for Mercy House is not recommended because staff is instead recommending that Mercy House be allocated CDBG-CV (Coronavirus) funds for largely the same purpose requested (homeless outreach). This recommendation is part of separate agenda item. CDBG-CV funding was allocated to the City as part of the federal CARES Act of 2020 for the purpose of preparing, preventing or responding to the COVID-19 virus pandemic.
Funding for Boys & Girls Club is recommended contingent on Boys & Girls Club obtaining approval from the City to use El Toro Park for its after-school program, as proposed. The Boys & Girls Club's request for approval to use the park is a separate matter, and approval of contingent funding for the program would not in any way bind or obligate the City to allow use of the park. To ensure all CDBG funds are allocated for expenditure, staff recommends a July 31, 2022, deadline for Boys & Girls Club to obtain approval for use of the park. In the event approval is not obtained, staff would re-allocate the $5,000 to augment the sidewalk/curb ramp project (or as otherwise directed by the City Council in conjunction with approval of this AAP). The re-allocation could occur as a minor amendment not requiring further City Council action.
Capital Improvement Projects
As noted in Table 1, the draft AAP includes funding for capital improvement projects. These projects preserve and/or enhance infrastructure and public facilities in the community. Under HUD regulations, CDBG-funded improvements must primarily benefit low- and moderate-income residents and are typically limited to specific qualifying Census tracts. However, projects that further the Americans with Disabilities Act (“ADA”) are exempt from this requirement.
Between FYs 2004-2005 and 2017-2018, the City utilized a portion of its annual grant to upgrade sidewalk/curb ramps to comply with ADA regulations. In FY 2018-2019, CDBG was used to fund improvements at Heroes Park. The FY 2019-2020 AAP allocated only limited funding for capital improvements (at El Toro Park), and none was allocated in FY 2020-2021. Instead, FY 2020-2021 CDBG funds focused on COVID-19 pandemic response. For FY 2021-2022, City Council allocated funding for additional improvements at El Toro Park and for sidewalk/curb ramps.
The draft 2022-2023 AAP allocates $50,000
for sidewalk/curb ramp construction to
comply with federal standards.
Approximately 6 to 10 ramps would be
constructed with the requested funding, all
located in the southwest portion of the City
identified as “Area 2” in the Community
Satisfaction Survey completed in 2021
Completed Sidewalk/Curb Ramp
ATTACHMENT 2
Item: 15
461
1 8
6 4
(south of Trabuco Road, east of Ridge Route Road). If approved, the ramp construction project would constitute Phase 13 of the long-term sidewalk/curb ramp project initiated in FY 2004-2005. To date, 476 of 800 ramps have been completed.1 Sidewalk/curb ramps facilitate access for disabled individuals and therefore are a permitted use of CDBG funds City-wide.
Administration
HUD also allows the City to allocate a maximum of 20% of the grant ($102,740 based on the $513,700 grant), for program administration (e.g., staff salaries, consultant services, etc.). Based on anticipated program administration expenditures, staff recommends that $102,500 be allocated for CDBG program administration.
Other Action Plan Components
In addition to the available funds and proposed allocations, the draft AAP includes the following components:
Summary of the objectives and outcomes identified in the AAP; Summary of Activities to be undertaken during FY 2021-2022; Evaluation of Past Performance;
Summary of Citizen Participation Process and Consultation Process; Description of the Geographic Areas of the Entitlement; Discussion of CDBG-funded Affordable Housing Strategy; Identification of Homeless and Other Special Needs Activities; Discussion of Barriers to Affordable Housing;
Information related to Program Specific Requirements.
The AAP also includes the following attachments:
Copy of public notice corresponding to the public review period and the April 5, 2022, City Council public hearing;
Low- and moderate-income area map with U.S. Census tracts; List of recommended actions to address impediments to fair housing choice in the Orange County region;
Certifications and HUD Standard Form 424.
1 Does not include approved/funded but not yet completed Phase 12 ramps.
ATTACHMENT 2
Item: 15
462
1 8
6 4
Public Notice
The April 5, 2022, hearing on the draft AAP was preceded by a HUD-mandated 30-day public review period initiated by the publication of a public notice in the Saddleback Valley News on March 3, 2022. As of the preparation of this report, the City has not received any public comments regarding CDBG funding.
FISCAL IMPACT:
Funding for the CDBG Program is provided annually by HUD. As outlined in the previously adopted 2021-23 Operating Budget, appropriations subject to approval by the City Council for Fiscal Year 2022-2023 will include expenditures consistent with the approved FY 2022-2023 Annual Action Plan.
ATTACHMENTS:
1. Draft FY 2022-2023 CDBG Annual Action Plan
2. Summary of FY 2022-2023 Public Service Applications
3. Public Service Providers’ Three-Year Performance History Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
ATTACHMENT 2
Item: 15
463
1 ATT
ACHMENT 2
ATTACHMENT 2
Item: 15
464
2 City of Lake Forest
Community Development Block Grant Program
Summary of FY 2021-2022 Public Service Applications
1) Ag
e Well Senior Services, Inc.
Request: Age Well Senior Services requests $7,500 to fund the salary and benefits of one dedicated case manager. It projects it would serve 20 unduplicated Lake Forest residents.
Narrative: This program provides case management services to seniors ages 62 years and older who are functionally impaired and are in the greatest economic or social need.
Services include providing seniors with in-home supportive services (e.g., bathing, housekeeping, coordinating Meals-on-Wheels, etc.). The case manager works closely with the Meals-on-Wheels managers to meet the needs of senior/elderly residents. The case management program enables seniors/frail population to remain independent within their community. Case management is a collaborative process that assesses, develops, and implements care plans, coordinates, monitors, and evaluates options to meet a person’s needs through available resources.
Case managers promote quality, cost-effective outcomes for the person and his/her family and make an effort throughout the case management process to develop the client’s ability to manage on his/her own to remove barriers to economic and personal independence.
New residents are enrolled annually in the case management program based on their needs.
2) Al
zheimer’s Orange County
Request: Alzheimer’s Orange County requests $5,000 to support the operation of its Adult Day Services for individuals with Alzheimer’s and related dementia. It projects it will serve 25 unduplicated Lake Forest residents.
Narrative: This program provides a secure and supportive environment for adults who need daily supervision and/or medical assistance due to Alzheimer’s disease and other related dementias and disabilities. Adult Day Services also offers caregivers a safe and supportive environment for adults that need daily supervisions and/or medical assistance.
Program participants receive supervised nursing, physical and occupational therapies, healthy meals, personal care assistance, health education and exercise program, and medication management.
Case managers also link program participants and care givers to resources such as family support groups, and education, care consultations, and in-home services. 3) Boy
s & Girls Club of Laguna Beach
Boys & Girls Club requests $10,000 for their After-School Enrichment Program at El Toro Park. The program provides affordable after-school care to children living in Lake Forest, which would allow parents to seek and retain full-time employment while their children attend the program. In addition, the at-risk youth of Lake Forest would have a quality after- school program that provides them with the support and skills necessary to close the achievement gap that currently exists for these students and enable them to have the skills necessary for the 21st century job market. The program provides homework help and educational and social activities, and scholarships to low-income families. The requested ATTACHMENT 2
Item: 15
465
3 funds would be used for staff salaries. The Boys & Girls Club estimated that 60 children would be assisted with he requested funds.
4) Camino Health Center
Request: Camino Health Center requests $15,000 for rent costs. Camino projects it will provide medical, dental, and behavioral health care to 1,650 unduplicated low-income, underserved and uninsured Lake Forest residents.
During Fiscal Year (FY) 2021, Camino Health Center provided services to 2,013 unduplicated low-income Lake Forest residents. Visits by Lake Forest residents accounted for approximately 13.5% of all visits at Camino during FY 2021. Camino Health Center has been dedicated to improving the health status of the low and moderate-income families in South Orange County and continuously increases access to care for Lake Forest residents. In 2016, Camino Health Center opened its third site in Lake Forest.
The Lake Forest health center is equipped with 16 exam rooms, five dental operation- ready rooms, and office space for behavioral health and WIC. In addition, in January 2019, Camino Health Center added optometry services exclusively at its Lake Forest location.
This clinic operates full-time and is open two Saturday’s/month. 5) Fai
r Housing Council of Orange County
Request: The Fair Housing Council of Orange County requests $7,500 to pay for a variety of services (i.e., administrative, facilities, communications, etc.). It estimates serving 228 unduplicated residents (65 households). HUD allows this mandated service to be funded as a public service cost. As stated in the staff report, staff’s recommendation is to fund Fair Housing as a public service expense.
Narrative: The Fair Housing Council responds to as many Lake Forest housing discrimination allegations as presented. It also provides professional services that address other housing-related matters, including general housing law violations. It facilitates the opportunity for landlords and tenants to correct wrongful housing policies or behavior. It is estimated that Lake Forest’s unrestricted “service demand rate” will be about 4.0% of the agency’s entire program output designed to affirmatively further fair housing.
In FY 2020-2021, Fair Housing assisted 236 Lake Forest unduplicated residents. Since the level of service delivery depends on clients initiating contact, the demand for services is, in part, related to its ability to conduct outreach in the community. The Fair Housing Council is the recipient of two highly competitive HUD Fair Housing Initiatives Program grants to provide fair housing enforcement, education, and outreach services. Additionally, the agency is funded as a HUD-approved Housing Counseling Agency. 6) Fam
ilies Forward
Request: Families Forward requests $25,000 to fund program staff salaries and benefits.
It projects it would support 23 Lake Forest residents through its Housing Program.
Nar
rative: Families Forward has nearly 40 years of experience helping low-income and homeless Orange County families in crisis to regain financial stability and self-sufficiency.
Families Forward has grown in response to community needs and has a variety of housing options for families throughout the County. Families Forward’s Housing Program anticipates serving 305 families in the current fiscal year (countywide). In addition to ATTACHMENT 2
Item: 15
466
4 housing services, Families Forward provides an extensive network of resources to help families in financial crisis.
Families Forward's housing program staff are responsible for the screening, processing, and support of families requesting homeless prevention services founded in a Care Team model. A Care team from diverse specialties comes together to coordinate and offer comprehensive services to a family - case managers, housing resource specialists, career coaches and mental health therapists.
Families Forward currently owns, partners, or manages seven (7) affordable housing units in Lake Forest, with two (2) additional units coming online in the near future. Families Forward will leverage existing resources and reach families seeking permanent affordable housing solutions within their budget. This includes providing at-risk families with housing stabilization case management, linking families to relevant resources in the community, and establishing and maintaining relationships with partner agencies, community members, and other homeless service providers. Our staff are responsible for data entry, management, and reporting. CDBG funds would be used to support staff salaries and benefits for affordable housing supportive services in Lake Forest. 7) Fam
ily Assistance Ministry
Request: Family Assistance Ministry requests $10,000 to support low-to-moderate income Lake Forest residents who are homeless or at immediate risk of homelessness. It projects it would provide services to 1,000 unduplicated low- to moderate-income Lake Forest residents.
Narrative FAM’s Housing Continuum assists Lake Forest residents who are homeless or at immediate risk of homelessness to secure and maintain permanent housing. This program addresses the community need by providing emergency assistance, safe shelter, coupled with financial counseling and a working plan to return to or to maintain housing stability.
FAM has provided crisis and homeless prevention services to residents of south Orange County since 1999. Last year FAM served 1,025 Lake Forest residents in need with 4,200 encounters with people who were hungry, homeless, or at-risk of becoming homeless. 193 Lake Forest residents were provided 247 hours of case management resulting in $615 in transportation assistance, $1,751 in utility assistance, and $42,996 in rental assistance.
FAM help clients create a workable solution to their particular challenges. Homeless Prevention has always been at the cornerstone of what FAM offers. Rental assistance with a financial plan means a family, a senior, or individual will avoid eviction. Since 2003, FAM’s Gilchrist House has provided safe shelter to homeless women and children. FAMily House emergency shelter for families with children opened in March of 2017 and is the only emergency family shelter in south Orange County.
8) MERCY
HOUSE
Request: Mercy House requests $10,000 for homeless street outreach services including case management and connecting homeless population to permanent housing opportunities.
Narrative: Mercy House's outreach service engages the homeless in services and case management, assesses and connects the homeless to housing opportunities available ATTACHMENT 2
Item: 15
467
5 through the County of Orange's Coordinated Entry System, enumerates the number of homeless in the City to help drive homeless strategies and City investments, and ultimately connects the homeless population to permanent housing opportunities in order to decrease the number of homeless in the City of Lake Forest. Mercy House began providing these services in September 2018. Since inception of the program, they have served 173 unduplicated homeless individuals within the City. Of those who have exited from the program, 58 or 37% have exited the streets to safer destinations including permanent housing, temporary housing, emergency shelters, or institutional care. By comparison, a report from HUD shows the national average for successful housing outcomes from street outreach programs in 2020 was less than 35%. The requested funds would be used to fund salaries and benefits for a Street Outreach Coordinator. The Street Outreach Coordinator provides direct service to homeless clients. 9) Sout
h County Outreach
Request: South County Outreach requests $30,000 to supplement staffing costs associated with direct Case Management and Homeless Prevention services administered to Lake Forest residents. It projects it would assist 1,400 unduplicated Lake Forest residents with this funding.
Narrative: South County Outreach (SCO) has provided emergency services - preventing hunger and homelessness - to south Orange County residents, including those from the City of Lake Forest, since 1989. With support from the City of Lake Forest, SCO has been able to maintain its existing operating infrastructure and provide an array of safety-net services, including free food from the Food Pantry and homeless prevention services in the form of rental and utility payments. Continued support will ensure increased availability of our staff to provide more services to low-income Lake Forest residents at risk of homelessness and food scarcity, including families with children, single-parent households, veterans, seniors living on a fixed income, and those who are homeless, unemployed, or underemployed.
Over the past two years, SCO has seen a 20% increase overall in clients seeking emergency help due to a financial hardship. In 2021, 23% of SCO's total, unduplicated clients served were from Lake Forest, and one-quarter of all services provided agency wide were for Lake Forest residents.
Funding from the City of Lake Forest will make it possible for the agency to meet the rapidly increasing needs of its residents. If funded in full, the partnership with Lake Forest has the potential to offset 20% of SCO's facility rent costs - nearly $12,000 per month - at their location at 7 Whatney, Suite B, Irvine. This building is at the Lake Forest city limit, just off Bake Pkwy. and Rockfield Blvd. SCO has successfully administered government and/or public funding for more than 20 years.
10) Voc
ational Visions
Request: Vocational Visions requests $5,000 for their program which enhances the community by developing the talents of adults with intellectual and developmental disabilities. Vocational Visions creates pathways to employment, social inclusion, and life- long learning. VV projects it would assist 34 unduplicated Lake Forest residents with the requested funding.
ATTACHMENT 2
Item: 15
468
6 As of 2019 Vocational Visions, once again received a 3-year CARF International accreditation f for its employment programs. Vocational Visions 's day programs are also licensed by Community Care Licensing. Vocational Visions regularly receive referrals from both the Regional Center of Orange County and the Department of Rehabilitation.
Vocational Visions provides services at both Mission Viejo facilities and throughout Southern Orange County.
ATTACHMENT 2
Item: 15
469
ATTACHMENT 3
505
ATTACHMENT 2
Item: 15
470
Returning Applicants' Three-Year Performance History
CDBG Public Service
SUBRECIPIENT PLANNED ACTUAL
%
ACCOMPLISHED PLANNED ACTUAL
%
ACCOMPLISHED PLANNED ACTUAL
%
ACC
OMPLISHED
Age Well Senior Services 16 21 131.3% 18 19 105.6% 36 22 61.1% Alzheimer's Orange
County 25 18 72.0% 25 24 96.0% 25 15 60.0%
Camino Health Center 1,400 2,050 146.4% 1,500 2,245 149.7% 200 206 103.0% Fair Housing Council of
Orange County* 70 77 110.0% 70 78 111.4% 73 68 93.2%
Families Forward 11 28 254.5% 14 27 192.9% 25 21 84.0%
Family Assistance
Ministries 25 20 80.0% 30 188 626.7% 250 55 22.0%
Mercy House NA NA NA 35 8 22.9% NA NA NA
South County Outreach 1,400 2,524 180.3% 1,500 1,622 108.1% 2,100 838 39.9% Vocational Visions 38 54 142.1% 25 33 132.0% 34 33 97.1% FY 2018-19 FY 2020-21
FHCOC’s service level is complaint driven; therefore it is difficult to predict from year to year how many residents will access these services. FHCOC has continued its outreach efforts in the community and investigates all reported cases of unfair housing practices and has spent 100% of its awarded grant over a three-year period.
NA - Did not apply
FY 2019-20
Attachment 3
ATTACHMENT 2
Item: 15
471